Rumson City Zoning Code
§ 22-3.14
Fees.
[Ord. 4/6/95, § 1; Ord. 5/6/04, §§ 2—4; Ord. 2/17/05, § 1; Ord. 12/15/05, §§ 2, 3; Ord. No. 07-008D, § 1; Ord. No. 08-015D, § 1; Ord. No. 09-009D, § 1; Ord. No. 12-013D; Ord. No. 13-012D § 1; Ord. No. 14-011D § 2; Ord. No. 16-007D § 2; 12-15-2020 by Ord. No. 20-008D; 12-15-2020 by Ord. No. 20-016D; 12-13-2022 by Ord. No. 22-008D; amended 9-10-2024 by Ord. No. 24-009D]
The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Rumson by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's Office. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section. The amount of any fees for an informal review shall be a credit toward fees for review of the application for development. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section as a refundable application escrow fee as specified herein.
e.
Major Site Plan Approval:
1.
Each informal review: $500.00 plus $100.00 per lot.
2.
Preliminary application fee: $500.00.
3.
Preliminary approval review fees:
(a)
(b)
Other Uses: The sum of $300.00 plus:
(1)
For each full 1,000 square feet of lot area: $50.00.
(2)
For each full 500 square feet of proposed new gross floor area: $50.00.
(3)
For each proposed new or additional parking space: $50.00.
(4)
For each 1,000 square feet of remodeled existing gross floor area, plus: $25.00.
(5)
For each reconstructed, resurfaced or improved existing paved parking space, plus $25.00.
(6)
For each proposed freestanding sign: $200.00.
4.
Final Approval: 50% of the fees for preliminary approval noted above.
f.
g.
Conditional Uses: $250.00.
h.
Public Hearing:
For those development applications which require public notice and hearing: $100.00.
i.
Reproduction of Records:
Duplication of tape recordings: $100.00/meeting.
k.
Environmental Impact Report (EIR):
For those development applications which require review of an EIR: $400.00
l.
List of property owners furnished: Twenty-five ($0.25) cents per name or $10, whichever is greater.
m.
Refundable Application Escrow Fees. The fees required by this subsection shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses of an extraordinary nature made by the Borough Engineer and/or professional consultants retained by or on behalf of the Borough and/or its boards, commissions or agencies in reviewing, testifying and/or assisting the Borough in the evaluation, planning and proper design of municipal services and facilities necessary to accommodate the present or anticipated needs of a proposed development.
1.
The Municipal Agency may determine whether escrow fees will be required in accordance hereof. If an escrow fee is required, charges and expenses of an extraordinary nature made by the Borough Engineer and/or professional consultants will be considered to be those costs which exceed 50% of the nonrefundable application fees posted pursuant to subsection 22-3.14m. Such charges and expenses of an extraordinary nature incurred as a direct or indirect result of a development application may be charged to the refundable application escrow fees.
2.
Within 45 days after filing of an application for development, the Municipal Agency may, in conjunction with appropriate representatives of the staff of the Borough review an application for development to determine whether the escrow amount set forth in subsection 22-3.14m6 hereof is required and/or adequate. In conducting such review, the Municipal Agency shall consider the following criteria:
(a)
The presence or absence of public water and/or sewer servicing the site.
(b)
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or water quality.
(e)
Unusual features of the application including design complications, alternates, multiple revisions, uniqueness of designs and other factors.
Upon completion of the review and within the 45 day period, the Municipal Agency shall adopt a resolution specifying whether the escrow amount specified is required and/or sufficient, excessive or insufficient. In the event the Municipal Agency shall determine that the amount is excessive, it shall in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. The Municipal Agency's failure to adopt a resolution within the 45 day period, or such extension as may be consented to by the applicant, shall be considered a determination that no escrow is required. A determination that no escrow is required shall not prevent the Municipal Agency from requiring an escrow upon a future revision or amendment of an application or upon a finding by the Municipal Agency that information disclosed subsequent to the original 45 day period requires the provision of an escrow. In the event the Municipal Agency shall determine the amount specified above is insufficient, it shall so specify and shall set forth the amount required to be posted in light of the criteria specified herein. Prior to an application being determined complete, the applicant shall post the required escrow amount as set forth in the Municipal Agency's resolution as provided for above, with the Administrative Officer in the form of cash, certified check or money order.
3.
If, during the pendency of an application, the amount of the escrow account has been depleted to 25% of the original escrow amount, the Administrative Office shall notify the Municipal Agency. The Municipal Agency shall again evaluate the application, as provided for above, and notify the Administrative Officer and applicant shall immediately deposit the additional escrow amount with the Administrative Officer and notify the Municipal Agency that the required deposit has been made. In the event that it is necessary for a Municipal Agency to take action on an application prior to the additional escrow deposit being made, any approval shall be conditioned upon the escrow deposit being made.
4.
Upon request of an applicant, the Administrative Officer shall furnish the applicant with a statement of all disbursements made during the development review process. All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for said application. Unit charges (i.e. per diem or hourly fees) of the professional or experts shall be in accordance with unit charges contracted for with the Municipal Agency or with the Borough. All escrow funds not expended shall be refunded to the applicant within 60 days after the applicant has been withdrawn or dismissed.
5.
Whenever the amount of the fees paid to the Borough pursuant to this section exceeds $5,000 the Borough shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Borough may retain for administrative expenses not more than 1/3 (thirty-three and one-third (33 1/3%)) percent of the entire interest amount.
6.
Refundable Application Escrow Fees. Development applications involving residential and nonresidential construction will be subject to all escrow determined by adding the residential and nonresidential components shown below:
(a)
Residential Minor Subdivisions Escrow Fees shall be $2,000.00 per lot proposed.
(b)
Commercial Development
NOTE: Use the greater of the escrow amounts determined from the floor area and parking space tables below:
Based on Floor Area | Escrow |
|---|---|
0—1,000 S.F., GFA | $2,000.00 |
1,001—10,000 S.F., GFA | $4,000.00 |
10,001—50,000 S.F., GFA | $6,000.00 |
50,001—100,000 S.F., GFA | $9,000.00 |
100,001+ S.F., GFA | $12,000.00 |
Based on Parking Spaces | Escrow |
0—5 spaces | $2,000.00 |
6—25 spaces | $5,000.00 |
26—100 spaces | $15,000.00 |
101—500 spaces | $20,000.00 |
501+ spaces | $25,000.00 |
(c)
Development applications requiring Zoning Board of Adjustment Variance Relief, which do not meet the escrow provisions of Section 22-3.14m6(a) or (b), shall post an initial escrow deposit of $1,500.
(d)
$150 shall be the hourly billing rate for reimbursing the Borough for direct fees, costs, charges and expenses incurred by the Borough Engineer, unless a fee is otherwise established elsewhere herein. From time to time, the Borough may utilize Consulting Engineering Firms to assist the Borough Engineer. The fee shall be based on actual accrued hourly charges and miscellaneous expenses in accordance with the current annual contract held by the Borough for Consulting Engineering.
n.
Nonrefundable Inspection Fees.
1.
Minor Site Plan. No inspection fees shall be required for a minor site plan unless bonded improvements are required as part of the site plan approval. If a minor site plan requires bonded improvements an inspection fee of $500 shall be paid by the applicant.
2.
Major Site Plan. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval.
Inspection fees for major site plan shall be:
3.
Off-Site Public Improvements in Connection with Site Plans or Subdivisions. Inspection fees shall be the same as those required for major subdivisions.
4.
Major Subdivisions. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat, or where authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the lots in the section or sections granted or in which the developer proposes to install improvements prior to final approval.
Inspection fees for major, subdivisions shall be determined from the following table:
Amount of Performance Guarantee Estimate | Inspection Fees for Major Subdivision |
|---|---|
Less than $200,000.00 | 10% of the Performance Guarantee Estimate ($1,000.00 minimum) |
At least $200,000.00, but less than $1,000,000.00 | $20,000.00 plus 7% of the excess over $200,000.00 |
At least $1,000,000.00 but less than $5,000,000.00 | $76,000.00 plus 5% of the excess over $1,000,000.00 |
$5,000,000.00 or more | $276,000.00 plus 4% of the excess over $5,000,000.00 |
o.
Additional Inspection Fee Escrow for Excess Borough Expenses. If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the inspection fees set forth above, the Municipal Agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the Municipal Agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.
p.
Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements.
q.
Tax Map and GIS Revision Fees. A fee of $200 per lot or unit shall be charged for all minor and major subdivisions, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Borough Tax Map. This fee shall be paid prior to signing of the final plat of a major subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer/Surveyor.
r.
Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Zoning Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:
1.
Where changes in the plat are requested by the Municipal Agency or Borough Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution, need be submitted.
2.
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board or Zoning Board of Adjustment approval, which do not involve any additional building or parking or, in the opinion of the Administrative Officer, significant change in the design of the site or subdivision, an application fee of 1/2 of the original fee will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
3.
Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board or Board of Adjustment approval, which involve additional building or parking or, in the opinion of the Administrative Officer, a significant change in the design of the site or subdivision, an application fee equal to 1/2 the fee required for the initial submissions, will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
4.
Where the proposed changes involve a change in use and/or, in the opinion of the Administrative Officer, a major alteration of the design concepts of the plat approved by the Municipal Agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.
t.
Certificate as to Approval of Subdivision of Land: $75.00
u.
Certificate of Pre-existing Use: $75.00
v.
Grading Permit Application for Engineering Review of Individual Plot House Location/Grading Plans per subsection 22-7.27 Soil Removal and Fill.
1.
Lot area less than 7,500 square feet: $200.00
2.
Lot area of 7,500 square feet, but less than 1.5 acres: $300.00
3.
Lot area of 1.5 acres or greater: $500.00
4.
If original submission is not approved, each subsequent resubmission will require payment of an additional one hundred fifty ($150.00) dollar review fee. If original submission is approved conditionally, no additional fee is required.
5.
The plan review fee shall be collected at the time of document submission. From time to time, the Borough may utilize Consulting Engineering Firms to assist in the review of plans. The fee shall be based on actual accrued hourly charges and miscellaneous expenses in accordance with the current annual contract held by the Borough for Consulting Engineering.
w.
Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel of site are to be involved in the proposed site plan, a site area charge may be charged based upon an area extending twenty (20') feet outside the limits of all construction including grading and landscaping as well as all other areas of site the Borough Engineer believes are reasonably affected by the development application. The twenty (20') feet around disturbed areas shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas.
x.
Supervision.
1.
No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Municipal Official.
2.
No less than five days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Municipal Official with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspects of construction for which each is responsible.
y.
Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any more improvements required by the provisions of this chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule of inspection fees. Said amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. $150 shall be the hourly billing rate for reimbursing the Borough for direct fees, costs, charges and expenses incurred by the Borough Engineer, unless a fee is otherwise established elsewhere herein.
z.
(Reserved)
aa.
Recovery of Borough Costs Related to Inaccurate Submissions.
1.
The Zoning Officer or Administrative Officer, who may seek the advice and assistance of the Borough Engineer and/or Construction Official, may review and check the accuracy of any application for development.
2.
The cost of such review and checking, in relation to applications for development which involve a site plan, subdivision or variance application, shall be borne by the applicant in accordance with this subsection 22-3.14.
3.
The cost of such review and checking in relation to other applications for development shall not be the responsibility of the applicant if no material errors are uncovered.
4.
If material errors which require revisions and/or resubmissions are uncovered, the entire cost of such review and checking and the cost of reviewing subsequent revised submissions shall be borne by the applicant in accord with the provisions of subsection 22-3.14m, and the Zoning Officer or Administrative Officer shall not issue any approval until any required escrow is provided and any escrow deficiency is eliminated.
bb.
Stormwater Management and Control Fees.
1.
When determining subdivision or site plan review and inspection fees required by subsections 22-3.14m, n or o, the Administrative Officer or Municipal Agency may consider the extent, nature and cost of the effort required to comply with Chapter 16, Section 16-2, Stormwater Management and Control, of the Revised General Ordinances of the Borough of Rumson.
2.
When reviewing a development permit application for development which is subject to the provisions of Chapter 16, Section 16-2, Stormwater Management and Control, of the Revised General Ordinances of the Borough of Rumson and exceeds the stormwater management thresholds contained in subsection 16-2.2c,2, but does not involve a site plan or subdivision, the Administrative Officer and/or Zoning Officer shall determine fees in the same manner as fees would be determined for site plans pursuant to subsections 22-3.14m, n or o including provision of refundable escrow fees when appropriate.