Sea Bright City Zoning Code
ARTICLE XIII
Fees
§ 130-74 Fees.
A.
The applicant shall, at the time of filing an application, pay the following nonrefundable fees to the Borough of Sea Bright. Proposals involving more than one application type shall pay a cost equaling the sum of costs for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a cost equal to the sum of the cost for each element.
B.
Performance guaranties. Inspection fees and maintenance guaranties shall be in addition to these filing fees and shall be as outlined in § 130-59, Guaranties and improvement procedures. Inspection fees shall be paid prior to the beginning of construction.
C.
Any application of any nature shall be accompanied by an administrative fee and escrow fee pursuant to the schedule incorporated in Subsection E.
D.
Escrow deposits.
(1)
The Planning Board shall also require, in addition to the filing fees provided hereafter, escrow deposits in accordance with the provisions of this chapter. Such escrows shall be utilized to reimburse the municipality for:
(a)
All expenses of professional personnel incurred by it necessary to process an application for development before a municipal agency, such as, but not by way of limitation:
[1]
Charges for reviews by professional personnel of applications and accompanying documents.
[2]
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant.
[3]
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts.
[4]
Review of additional documents submitted by the applicant and issuance of reports relating thereto.
[5]
Review or preparation of easements, developers' agreements, deeds, resolutions or the like.
[6]
Preparation for and attendance at special meetings.
(b)
The cost of additional expert advice or testimony obtained by the municipal agency regarding the application, provided that the municipal agency gives prior notice to the applicant of its intention to obtain such additional expert advice or testimony and affords the applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof.
(2)
The municipality shall require the deposit of such escrows into an escrow account for the purpose of reimbursing the municipality for payment of such expenses. The applicant shall, as a condition precedent to the application being deemed complete, submit the escrow deposits hereinafter set forth to be held in escrow in accordance with the provisions hereof.
(3)
In the event that the professional and/or expert charges should deplete the escrow account by more than 50% of the original submission, the Planning Board Secretary shall notify the applicant and require payment of additional escrow sums. Such additional escrow sums shall be sufficient to restore the escrow account to not less than 75% of the original escrow deposit.
(4)
Except as otherwise provided in Subsection D(1)(b) above, no applicant shall be responsible to reimburse the municipality for attendance by the municipality's professional personnel at any regularly scheduled meeting of the municipal agency; provided further, however, that the municipality shall be entitled to be reimbursed for attendance of its professional personnel at a special meeting(s) of a municipal agency, which special meeting(s) was requested to be called by the applicant.
(5)
The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to ensure an application meets performance standards set forth in the chapter and other experts whose testimony is in an area in which the applicant has presented expert testimony.
(6)
No signed plat or site plan shall be released to the applicant, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application, and payment has been approved by the governing body. The Planning Board Secretary shall, upon written notification by the applicant that all outstanding conditions of final approval have been met and final plans (plats) have been submitted for signature, render a written final accounting pursuant to N.J.S.A. 40:55D-53.2. If the amount of the escrow deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the escrow deposit, the applicant shall be liable for payment of such deficiency.
(7)
No professional personnel submitting charges to the municipality for any of the services referred to in Subsection D(1)(a) above shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance.[1] Payment of any bill rendered by a professional to the municipality, with respect to any service for which the municipality is entitled to reimbursement under this chapter, shall in no way be contingent upon receipt of reimbursement by the developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
[1]
Editor's Note: This ordinance is on file in the Borough offices.
E.
Development applicant fee and escrow schedule.
[Amended 9-16-2008 by Ord. No. 7-2008; 6-16-2009 by Ord. No. 11-2009; 12-16-2014 by Ord. No. 16-2014; 4-7-2015 by Ord. No. 5-2015; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Type of Application | Administrative Fee | Escrow | |||
|---|---|---|---|---|---|
Appeals and interpretations | $300 | $500 | |||
Conceptual/informal reviews (such fee to be applied toward formal application) | $100 | $200 | |||
Bulk variances | |||||
Single- and 2-family | |||||
(If appeal from Zoning Officer decision, the total fee shall be $300, and the escrow shall be $500) | $300 | $500 | |||
Multifamily | $300 | $500 | |||
Nonresidential | $400 | $1,000 | |||
"D" variance | $300 | $500 | |||
Use variance | |||||
Single- and 2-family | $350 | $500 | |||
Multifamily | $400 | $500 | |||
Nonresidential | $500 | $1,000 | |||
Conditional use | $450 | $1,000 | |||
Subdivision | |||||
Minor/sketch plat | $300, plus $50 per lot | $1,000 | |||
Major classification | $300, plus $50 per lot | $1,500 | |||
Preliminary | $300, plus $50 per lot | $1,500 | |||
Final | $300, plus $50 per lot | 1,500 | |||
Site plan | |||||
Minor site plan | $300 | $1,000 | |||
Major site plan | |||||
Residential | |||||
Preliminary | $300, plus $50 per unit | $1,500, plus $200 per unit | |||
Final | $300, plus $50 per unit | $1,500, plus $200 per unit | |||
Nonresidential | |||||
Preliminary | $350, plus $50 per unit | $2,000, plus $200 per unit | |||
Final | $350, plus $50 per unit | $2,000, plus $200 per unit | |||
Preparation of resolution | $150 to $750 | --- | |||
Temporary uses | $250 | --- | |||
Certified list of property owners | $0.25 per name or $10, whichever is greater | --- | |||
Special meeting (See Subsection H) | $2,500 | $1,500 | |||
Resubmission or revision fee (see Subsection G) | $100 | $500 | |||
Zoning permit (residential and commercial) | $25 | --- | |||
Preexisting use certificate | $10 | --- | |||
Search required | $50 | --- | |||
Extension of approvals | $200 | $500 | |||
Plot plan/finished grade[2] [Amended 7-6-2004 by Ord. No. 14-2004] | --- | $500 | |||
Certificates of occupancy | |||||
Residential, sale | $100 | --- | |||
Residential, rental | $50 | --- | |||
Reinspection fee | $25 (per reinspection) | --- | |||
Commercial | $100 | --- | |||
Driveway review | $25 | --- | |||
(1)
Inspection fees for on-site and off-site bonded improvements.
(a)
The cost of inspection shall be the responsibility of the developer, who shall reimburse the Borough for all reasonable inspection fees. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. These funds shall be deposited in a special escrow account and shall accrue interest in accordance with law. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice from the Borough, each additional deposit being in amounts not to exceed 50% of the initial deposit.
F.
Amendment to final plat or plan (subdivision or site plan). An applicant seeking to amend the final plat shall pay a fee of 1/2 of the final plat or plan fee. If the approving authority determines that the proposed amendment will result in a substantial change in the final plat or plan, the application shall be treated as a new application and be processed accordingly, subject to the payment of a full fee pursuant to whatever the original schedule was.
G.
Resubmission fee. In the event that any applicant shall determine to revise or is required by the approving authority to revise a submission for any application, which will result in additional review by the approving authority's experts, employees, consultants, or the Borough Engineer, a resubmission fee plus escrow shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H.
Special meeting fee. In the event that any applicant requests to be placed on the agenda for a special meeting, the applicant shall be responsible for a pro rata share of the Board's costs in holding said meeting, including but not limited to fees for the Board stenographers, Board Engineer, Board Attorney, Planner, Secretary to the Board and any other Board experts who are required to attend.