South Amboy City Zoning Code
ARTICLE IX
Fees and Escrow Deposits
§ 53-51 Schedule of fees.
[Amended 11-15-82 by Ord. No. 1085; 12-19-83 by Ord. No. 1107; 11-9-88 by Ord. No. 0-19-88; 7-1-98 by Ord. No. 12-1998; Ord. No. 14-2014; New]
A.
Application. The applicant shall, at the time of filing a submission, pay the following nonrefundable fee to the City of South Amboy by certified check or bank money order. Proposals involving more than one use and/or application classification shall pay a fee equal to the sum of the fee for each element.
B.
Resubmission. The fee for submission of a revised plan shall be 1/3 of the original submission fee.
C.
Extension. The fee for the extension of a previous adopted approval of a site plan or preliminary subdivision shall be 1/3 of the original submission fee.
D.
Fee schedule. Fees shall be as follows:
(1)
Subdivisions.
Type of Subdivision | Fee |
|---|---|
Minor subdivision | $300.00 plus $15.00 per lot including lands remaining |
Major subdivision: | |
Preliminary plat | $500.00 plus $25.00 per lot including lands remaining |
Final plat | $300.00 plus $25.00 per lot including lands remaining |
(2)
Site Plans.
Type of Site Plan | Fee |
|---|---|
Minor site plans (residential) | $500.00 plus $50.00 per dwelling |
Minor site plan (non-residential) | $500.00 plus $25.00 per 1,000 square feet of building space |
Preliminary major site plan (residential) | $500.00 plus $50.00 per dwelling unit |
Final major site plan (residential) | $500.00 plus $50.00 per dwelling unit |
Preliminary major site plan (non-residential) | $500.00 plus $25.00 per 1,000 square feet of building space |
Final major site plan (non-residential) | Half of the fee charged for preliminary approval |
(a)
Waiver of final approval. Final approval shall be waived only if the application is for a minor site plan and the board waives the requirement of final approval.
(b)
Combined applications. If the application for final and preliminary approval are combined, the fee to be paid shall be equal to the sum of the fees for preliminary and final approval.
(3)
Variances and Appeals.
Type of Application | Fee |
|---|---|
Variance applications under N.J.S.A. 40:55D-70c | $100.00 for each bulk variance requested |
Appeals under N.J.S.A. 40:55D-70a | $200.00 |
Variance applications under N.J.S.A. 40:55D-70d | $500.00 |
Ordinance interpretation under N.J.S.A. 40:55D-70b | $250.00 |
(4)
Inspection Fees.
Inspection involved | Fee |
|---|---|
Inspection fees for all inspections through the release of the performance guaranty | 6% of the performance guaranty; 6% of performance guaranty of site plan improvement |
Inspection for the release of the maintenance guaranty | $150.00 |
(5)
(Reserved)
(6)
Zoning Permits.
Type of Permit | Fee |
|---|---|
Residential | $35.00 per unit |
Nonresidential (commercial) | $100.00 |
(7)
Certificates of Occupancy.
Type of Certificate | Fee |
|---|---|
Residential | $100.00 per unit |
(8)
(Reserved)
(9)
Special Meeting.
Type of Meeting | Fee |
|---|---|
Special meeting at request of applicant and with approval of municipal agency: | |
Planning Board | $500.00 |
(10)
Building Permit Fees.
All building permit fees shall be established pursuant to N.J.A.C. 5:23-2.25.
§ 53-51.1 Escrow deposits for professional services.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
The Planning Board shall require fees for technical and/or professional services and testimony employed by the Board in reviewing an application. Fees required for this purpose shall be held in an escrow account by the city.
B.
Fees for technical and/or professional services shall be in addition to any and all other required fees.
§ 53-51.2 Applicants required to submit escrow deposits; exemptions.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
All applicants to the Planning Board shall submit fees or escrow deposits in accordance with this Article IX.
[Amended 9-6-2000 by Ord. No. 24-2000]
B.
When the Board determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants shall submit 50% of the required escrow deposit:
§ 53-51.3 Submission of escrow deposits.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
The applicant shall submit the required escrow deposit to the Planning Board Secretary prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
B.
Required escrow deposits shall be in the form of cash, money order or certified check payable to the City of South Amboy.
§ 53-51.4 Escrow and fees for informal review. [1]
[Added 10-11-88 by Ord. No. 0-17-88]
A.
Whenever an applicant requests an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review. There shall be a fee of $500 assessed for each informal review meeting required for any reason.
[New]
B.
Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
§ 53-51.5 Schedule of required fees for escrow deposits.
[Added 10-11-88 by Ord. No. 0-17-88; amended 3-3-1999 by Ord. No. 2-1999; 9-6-2000 by Ord. No. 24-2000]
A.
The following sums are required to be deposited in an escrow account for applications to the Planning Board.
Type of Application | Escrow Deposits |
|---|---|
(1) Variance under N.J.S.A. 40:55D-70d, not requiring site plan or subdivision approval (use, etc.) | $1,000.00 |
(2) Variance application under N.J.S.A. 40:55D-70c | $700.00 |
(3) Appeals under N.J.S.A. 40:55D-70a | $500.00 |
(4) Ordinance interpretation under N.J.S.A. 40:55D-70b | $500.00 |
(5) Variances under N.J.S.A. 40:55D-70c and concerning only one of the following shall incur the following escrow fees: | |
(a) Swimming pools | $300.00 |
(b) Fences | $300.00 |
(c) Decks | $300.00 |
(6) Conditional use approval (fees shall be in addition to site plan approval) | $1,000.00 |
(7) Site plan applications (fees shall be in addition to any required variances): | |
(a) Residential site plans (involving dwelling units) | |
[1] Preliminary approval | |
0 to 10 units | $2,500.00 |
11 to 50 units | $5,000.00 |
51 to 100 units | $10,000.00 |
Over 100 units | $15,000.00 |
[2] Final approval | 33% of preliminary approval |
(b) Nonresidential site plans (not involving dwelling units): | |
[1] Preliminary approval | |
With principal buildings over 1,000 square feet of gross floor area: | |
1,001 to 5,000 square feet of gross floor area | $4,000.00 |
5,001 to 25,000 square feet of gross floor area | $10,000.00 |
25,001 to 100,000 square feet of gross floor area | $15,000.00 |
Over 100,000 square feet of gross floor area | $20,000.00 |
Without principal buildings over 1,000 square feet of gross floor area: | |
Lot area up to acres | $2,500.00 |
1 acre to 10 acres | $5,000.00 |
Over 10 acres | $7,500.00 |
[2] Final approval | 33% of preliminary approval |
(8) Subdivision application (fees shall be in addition to any required variances): | |
(a) Minor subdivision | $500.00 |
(b) Major subdivision | $500.00 |
(c) Sketch plat | $500.00 |
(d) Preliminary approval, 3 lots or less | $1,000.00 |
(e) Preliminary approval, over 3 lots | $5,000.00 |
(f) Final approval under 3 lots | $1,000.00 |
(g) Final approval, over 3 lots | $1,500.00 |
(9) Planned unit development: Fees shall be as for a simultaneous major site plan and major subdivision application, with fees for residential and nonresidential development computed separately, and thereafter cumulatively assessed upon the applicant. | |
(10) Resubmissions: Applicants shall pay escrow fees based upon 33% of the original submission of plans for each resubmission of revised plans. If plans are resubmitted in accordance with conditions of approval by the appropriate Board, the fee for resubmission shall be 1/3 of the original escrow fee. | |
(11) Special design elements: Applicants shall pay escrow fees based upon 33% of the original escrow fee, when and as determined by the reviewing Board, that the proposed project includes a special design consideration such as, but not limited to: sanitary sewer pump station, detention or retention ponds, potable water storage facility, traffic signalization device, off-tract improvements and the like. | |
§ 53-51.6 Review of escrow deposit amount.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
Prior to making a determination of completeness upon any application, the Board shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the Planning Board to cover professional costs anticipated for the application, additional funds in the amount of 1/3 of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
B.
Further additional escrow deposit fees may be required at any time upon determination by the Planning Board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of 1/3 of the initially required escrow fee, when and as determined necessary by the Planning Board, and no building permits or certificates of occupancy shall be issued until all required escrow funds have been received.
§ 53-51.7 Appeal of escrow fees.
[Added 10-11-88 by Ord. No. 0-17-88]
In the event the applicant believes the fees to be unreasonable, the Planning Board shall hear and decide whether such fees are reasonable. The applicant may, within 15 days after the Board's decision, appeal the decision of the Planning Board to the governing body by serving a written notice of appeal upon the City Clerk, in person or by certified mail. The notice shall specify the grounds for the appeal and the name and address of the appellant and the name and address of his or her attorney, if represented. The applicant shall provide the governing body such transcripts of the Planning Board hearing on fees, at the applicant's cost. Such appeal shall be decided on the record only. The governing body shall set a meeting date, with notice to the applicant. The applicant may submit oral and written arguments on the record provided the applicant provides a court certified stenographer to record said meeting and provides a transcript of said meeting to the governing body. The governing body may affirm, modify or reverse the Board's decision.
§ 53-51.8 Escrow accounts over five thousand dollars; conditions.
[Added 10-11-88 by Ord. No. 0-17-88]
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for therein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality will retain for administrative expenses a sum equivalent to no more than thirty-three and one-third percent (33 1/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
§ 53-51.9 Accounting of fees.
[Added 10-11-88 by Ord. No. 0-17-88]
In the event any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Secretary of the Planning Board. The applicant shall be responsible for any costs incurred by the Planning Board in having its professional and administrative staff prepare an accounting of the fees expended. Such additional amount as may be required for said accounting shall be paid to the Planning Board prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for said account.
§ 53-51.10 Refunds.
[Added 10-11-88 by Ord. No. 0-17-88]
All escrow funds described herein shall be utilized by the appropriate Board to pay the cost of any technical and/or professional services incurred by the Board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 120 days after the final determination by the appropriate Board with respect to such application. No amount shall be refunded prior to certification by the Board consultant that said application has been finally determined.
§ 53-51.11 Repealer.
[Added 10-11-88 by Ord. No. 0-17-88]
All ordinances inconsistent with or in conflict therewith are hereby repealed.
§ 53-51.12 Severability.
[Added 10-11-88 by Ord. No. 0-17-88]
If any section, provision, part, sentence or clause in this Article shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of this Article as a whole or of any other section, provision, part, sentence or clause.
§ 53-51.13 When effective.
[Added 10-11-88 by Ord. No. 0-17-88]
This Article shall take effect immediately upon passage and publication according to law.