Shrewsbury City Zoning Code

Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.

Class II: one of the officials of the Borough, other than a member of the Borough Council, to be appointed by the Mayor, provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Land Use Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Land Use Board member if there is both a member of the Land Use Board and a member of the Board of Education among the Class IV members.

Class III: a member of the Borough Council, to be appointed by it.

Class IV: six other citizens of the Borough, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office position, except that one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Land Use Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Land Use Board member unless there is among the Class IV or alternate members of the Land Use Board a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Land Use Board. For the purpose of this section, membership on a Borough board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall be considered the holding of municipal office.

Alternates. The Mayor shall also appoint four alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternative No. 3," and "Alternative No. 4."

The term of the member composing Class I shall correspond to the Mayor's official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever comes first.

The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Land Use Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d) and § 94-3.1J(2)(d) below.

The Land Use Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Land Use Board shall have the following powers and duties:

The Land Use Board shall further have the power to:

The Land Use Board shall have the power to grant, to the same extent and subject to the same restrictions as the Land Use Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 40:55D-59 or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Land Use Board of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Land Use Board. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid Subsection d of N.J.S.A. 40:55D-70 [§ 94-3.1J(2)(d) above] shall not be required.

The Land Use Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved on the Official Map. The Land Use Board shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Land Use Board of a subdivision, site plan or conditional use in conjunction with which the Land Use Board has power to direct the issuance of a permit pursuant this chapter and to N.J.S.A. 40:55D-60b.

The Land Use Board shall have the power to direct issuance of a permit pursuant N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Land Use Board shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Land Use Board of a subdivision, site plan or conditional use in conjunction with which the Land Use Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c.

The Borough Council may, by ordinance, provide for the referral of any matters or class of matters to the Land Use Board before final action thereon by a municipal body or municipal officer having final authority thereon. The Land Use Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body. Such recommendation may be rejected only by a majority of the full authorized membership of such other body.

The Borough Council shall, at least every six years, provide for a general reexamination of the Borough Master Plan and Land Use and Development Regulations by the Land Use Board, which shall prepare and adopt by resolution a report on the findings of such reexamination. A copy of said report and resolution shall be sent to the Monmouth County Land Use Board and the Municipal Clerks of each adjoining municipality. The next reexamination shall be completed by August 1, 1988. Thereafter, a reexamination shall be completed at least once every six years from the previous reexamination. The reexamination report shall state:

The absence of the adoption by the Land Use Board of a reexamination report pursuant to N.J.S.A. 40:55D-89 shall constitute a rebuttable presumption that the Borough Development Regulations are no longer reasonable.

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

If such reports are not received by the Land Use Board within 45 days from the date or dates of such referral, the Land Use Board may proceed to act without further delay and without reference to such reports, should they be received after the expiration of such forty-five-day period.

When such a report is received from the Land Use Board within 45 days, the Land Use Board shall take no action inconsistent therewith except by the affirmative vote of a majority of the fully authorized membership of the Land Use Board.

The report of the Shade Tree Commission, Environmental Commission or any other person or agency shall be advisory only.

Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

The municipal agency may provide for special meetings, at the call of the Chairman or at the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.

Required hearings. The Land Use Board shall hold a hearing on each application for development.

Rules for conducting hearings. The Land Use Board shall make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer (Land Use Board Clerk). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and the number of witness.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

Transcript charge. The municipal agency, in furnishing a transcript of the proceeding to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4, as amended. Said transcript shall be certified in writing by the transcriber to be accurate.

Requirements for a certified shorthand reporter. A certified shorthand reporter shall be provided by an applicant at his expense for a major subdivision, major site plan or use variance application before a municipal agency. The applicant shall provide a certified copy of the transcript of the proceedings to the municipal agency at his expense. In the event that an applicant shall provide a certified shorthand reporter for any other type of application before a municipal agency, the applicant shall provide a copy of the transcript to the municipal agency if requested or in the event of a court case.

Voting eligibility. A member or alternate member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcripts or recordings of all of the hearings from which he or she was absent and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

Public notice of a hearing on an application for development shall be given for all of the following:

Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough.

Notice of a hearing requiring public notice pursuant to Subsection D(1) above shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the owner, as shown on said current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. Notice of a hearing requiring public notice pursuant to Subsection D(1) shall be given to public utilities and cable television companies in accordance with Subsection D(8) of this section.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 94-3.3D(3) of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to N.J.S.A. 40:55D-10b.

Notice to public utilities.

The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and this subsection.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

Notice pursuant to Subsection D(4) through (8) of this section shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) of this section are required.

List of property owners furnished. Upon written request of an applicant, the administrative officer (Tax Assessor) shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D(3) of this section. In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A fee of $0.25 per name or $10, whichever is greater, shall be charged for such list.

Reduction to writing shall be accomplished through a resolution adopted at a meeting held within the applicable time period for taking action on the application for development or a resolution adopted at a meeting not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing said action. Where the agency fails to adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorneys' fees, shall be assessed against the Borough.

The following members shall be eligible to vote on the resolution:

The following shall apply to adoption of the resolution:

Copies of the decision shall be distributed by the administrative officer (Land Use Board Clerk) as follows:

A brief notice of the decision shall be published in the official newspaper(s) of the Borough.

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter; and if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.

In all cases, the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

Zoning permits shall hereafter be secured from the administrative officer (Zoning Officer) prior to:

Prior to issuance of a zoning permit, the applicant shall have, where applicable, secured other required permits, including, but not limited to:

Prior to the issuance of a zoning permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any municipal agency approval.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply, in writing, to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Land Use Board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name and the owner thereof.

The administrative officer (Land Use Board Clerk) shall make and issue a certificate within 15 days after receipt of such written application and the required fees therefor as set forth in § 94-3.14 of this chapter. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated as a "certificate as to approval of subdivision of land" and shall certify:

The administrative officer shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid to the Borough.

Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.

If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.

Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer, and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.

Zoning permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a zoning permit shall have first been issued for the use of such building, structure or land.

New uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. Such certificates shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy. A temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured but not all conditions of approval have been complied with.

Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.

Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) of a nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the administrative officer determines that such change in occupancy or use is not a change in use as herein defined and determines, therefore, that a zoning permit is not required, provided that the applicant has met the requirements of the applicable regulations.

Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If, at the end of that period, the required improvements have not been completed, the occupancy permit becomes null and void, and the owner may be subject to the penalties herein defined by this chapter.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Borough may institute and maintain a civil action:

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency, in writing, that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.

If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.

All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

Zoning letter.

Zoning permit.

Informal reviews: $290. (NOTE: Such fees to be a credit toward the fee for any future applications for the same development proposal filed within one year of the date of the informal review.)

Application for certificate of appropriateness: $200. (NOTE: Such fee to be a credit toward the fees for review of the application, issuance of a certificate of appropriateness and for the preparation of a resolution memorializing the findings of fact and conclusion of the Land Use Board.) (MLUL, N.J.S.A. 40:55D-10).

Subdivisions.

Site plans.

Any proposed revisions to a previously approved plat or site plan where there are minor changes in the plat proposed by the applicant or required by another government agency, where approval was a condition of the Land Use Board approval, which do not involve any additional building or parking or a significant change in the design of the site or subdivision, an application fee shall be required:

Where there are changes in the plat proposed by the applicant or required by another governmental agency, where approval was a condition of the Land Use Board approval, which involve additional building or parking or a significant change in the design of the subdivision:

Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approval by the Land Use Board, it shall be considered a new application and shall require the full payment of fees set forth in this section for new applications for development.

Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.

Appeals of Zoning Officer's decisions: $290.

Interpretations: $115.

Bulk "c" variance:

"d" variance:

Permit in conflict with Official Map or permit for lot related to a street: $345.

Fees to be paid within seven days of receipt of notice of appeal meeting date: $1,725.

Application requests: $300, plus $60 per acre.

Fee for development applications for which an EIR is submitted pursuant to § 94-8.15: $300.

Approval of subdivision: $120.

Nonconforming use: $120.

The developer shall reimburse the Borough for all reasonable fees paid to the Borough Engineer for the inspection of improvements for major site plans and subdivisions. The developer shall deposit such fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements as estimated by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the Borough.

For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fee.

For those developers for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.

The Borough Engineer shall not perform any inspection if sufficient funds to pay for these inspections are not on deposit.

The applicant shall provide for a complete set of reproducible (Mylar) copies of the approved plans and maps or maps filed with the Monmouth County Clerk's office.

The applicant shall provide a computer disc (CD) of all mapped subdivisions in an electronic format, such as AutoCAD^® or geographic information system (GIS) shape file. (The actual cost for Tax Map revisions may be reduced if the applicant's engineer furnishes a data disc of the filed subdivision that is compatible with the Borough Engineer's computer system.)

A nonrefundable Tax Map revision fee shall be placed in the Borough's Fund for Tax Map revision to offset the cost of revisions. The Tax Map revision fees shall be as follows:

N.J.S.A. 47:1A-1 et seq., the Open Public Records Act (OPRA).

Fee schedule for reproductions and documents:

Components of fees.

Limitations on scope of charges for professional services.

Payment of escrow fees; payments to professionals for review of subdivision, site plan and variance applications for review with the Land Use Board. At the time of filing an application, the applicant shall pay the deposit in accordance to the following schedule:

Custody of deposits; procedure for payments against deposits; submission of vouchers; monthly statements.

Replenishing of deposits.

Escrow closeout procedures; escrow account interest.

Applicant notification on dispute of escrow charges; appeals: rules and regulations.