White Township City Zoning Code
ARTICLE VII
Fees
§ 160-52 Payment to Township Clerk.
All fees hereinafter required shall be payable to the Township Clerk at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given by the Planning Board or Board of Adjustment until proof has been submitted to them that the requisite fees have, in fact, been paid to the Township Clerk.
§ 160-53 Schedule of fees.
[Amended 9-5-1986]
A.
All applicants for development to a municipal agency shall pay the following fees:
(1)
Filing fee, to cover normal services required for processing all applications for development and to be paid at the time an application is filed:
[Amended 10-7-1988; 2-2-1996; 7-11-1997; 6-5-2003 by Ord. No. 2003-15; 8-5-2004 by Ord. No. 2004-14; 11-8-2023 by Ord. No. 2023-09]
(b)
Major subdivision:
[1]
Preliminary plat: $500, plus $200 for each lot in the proposed subdivision; review escrow deposit: $500 per lot.
[2]
Final plat: $500, plus $200 for each lot in the proposed subdivision; review escrow deposit: $200 per lot.
[3]
Conditional use in conjunction with subdivision application: $200 plus subdivision application fee; review escrow deposit: $1,000 plus subdivision escrow deposit.
(c)
Site plan:
[1]
Change of use: $150; review escrow deposit: $200.
[2]
Minor site plan: $500; review escrow deposit: $1,500.
[3]
Major (preliminary) site plan: $1,500; review escrow deposit: $7,000 up to 10 acres; $200 per acre over 10 acres.
[4]
Major (final) site plan: $500; review escrow deposit: $1,000.
[5]
Conditional use in conjunction with site plan application: $200 plus site plan review fee; review escrow deposit: $1,000 plus site plan review escrow deposit.
[6]
Variance in conjunction with site plan application (N.J.S.A. 40:55D-70c): $200 per variance; review escrow deposit: $500 per variance.
(d)
Rezoning request (fees include Master Plan and/or ordinance amendment as necessary): $1,000; review escrow deposit: $5,000.
(e)
Conceptual subdivision and/or site plan: $200; review escrow deposit: $1,000.
(f)
General development plan: $1,000; review escrow deposit: $200 per acre.
(g)
Special meetings: $1,000 per meeting plus the cost of advertisement; review escrow deposit: N/A.
(h)
Board of Adjustment fees:
[1]
Conditional use (N.J.S.A. 40:55D-67): $250; review escrow deposit: $1,000. These fees and deposits are in addition to any fees and deposits required for site plan and subdivision applications.
[2]
Appeal of decision of Zoning Official (N.J.S.A. 40:55D-70a): $250; review escrow deposit: $1,000.
[3]
Interpretation (N.J.S.A. 40:55D-70b): $250; review escrow deposit: $1,000.
[4]
Variance (N.J.S.A. 40:55D-70c): $250 per variance; review escrow deposit: $1,000 per variance. These fees and deposits are in addition to any fees and deposits required for site plan and subdivision applications.
[5]
Use variance (N.J.S.A. 40:55D-70d): $500 per variance; review escrow deposit: $2,000 per variance. These fees and deposits are in addition to any fees and deposits required for site plan and subdivision applications.
[6]
Permission to build where lot does not abut a public street (N.J.S.A. 40:55D-36): $100. These fees and deposits are in addition to any fees and deposits required for site plan and subdivision applications.
[7]
Appeal to governing body (N.J.S.A. 40:55D-17): $500.
(2)
Review deposit. Filing fees are not intended to cover the costs of the teckhnical or legal reviews of plans and specifications by experts, such as the Township Engineer, the Township Planning Consultant, the Township or Board Attorney and any other professional experts and consultants whose review, study, research and reports and/or testimony is deemed necessary by the municipal agency in order to assure compliance with state and Township laws, ordinances, rules and regulations. Each applicant for development approval shall pay the Township fees equal to the expense incurred by the Township for such technical/legal review of the application.
(a)
The requirement of the payment of a review deposit at time of filing may be waived by majority vote of the municipal agency if, upon a preliminary review of the application and upon request of the applicant, it appears that there will be no need for the type of review contemplated by this subsection.[1]
(b)
In the event that the initial deposit made by an applicant is not sufficient to cover all technical/legal review costs of the application or, if during the consideration of an application, it becomes evident that a review deposit which was previously waived will be necessary, upon request by the Township, the applicant shall make such initial or further deposit or deposits as may be necessary to cover further technical/legal review costs. The additional deposit or deposits shall be in the same sum as initially required by ordinance unless a higher or lesser amount is requested, in writing, by the reviewing municipal agency. Failure of an applicant to deposit the requested additional deposit or deposits in escrow with the Township within 10 days of receipt of the written request shall toll all time periods in the application process.
[Amended 7-6-1990]
(c)
Each deposit for technical/legal review fees shall be held in escrow by the Township in accordance with § 160-53B of this chapter.
[Amended 3-8-1991]
(d)
The Township Clerk, or the Planning Board Secretary in the case of applications pending before the Planning Board, shall certify the costs of the technical/legal review of an application. Upon approval by the municipal agency, such amounts shall be withdrawn from the escrow account and paid over to the Township.
[Amended 3-8-1991]
(e)
Prior to any transfer from an escrow account, the Township Clerk, or the Planning Board Secretary in the case of applications pending before the Planning Board, shall notify the applicant of the nature and amount of the costs which have been approved by the municipal agency.
[Amended 3-8-1991]
(f)
An applicant may examine Township records with respect to that applicant's escrow account and expenditures.
(g)
All deposits for technical/legal review fees shall be made prior to the performance of the professional services which the deposit is intended to cover, and the municipal agency shall not process and/or take action on the application unless all deposits required shall have been paid by the applicant in the manner described above.
(h)
After the completion of the review of an application for development by the municipal agency or upon the withdrawal of an application and after all technical/legal review costs have been paid, the Township Treasurer shall refund to the applicant all deposit moneys remaining in the escrow account, together with the interest, if any, which the applicant is entitled to receive.
(i)
An applicant shall also sign an escrow agreement in a form approved by the White Township Committee and Planning Board. Said agreement shall provide for the disposition of unclaimed funds and also provide for the payment of attorney fees and costs on delinquent accounts.
[Added 5-17-1996]
(3)
Construction inspection fee, to cover the cost of engineering inspection of the installation of improvements to assure that construction is accomplished in accordance with municipal approval.
(a)
As a condition of final action by a municipal agency on an application and prior to commencing construction of required improvements in connection with the project, the applicant shall pay a construction inspection fee based on the cost of such improvements as estimated by the applicant and approved by the Township Engineer and shall be submitted as follows:
Estimated Construction Cost of Required Improvements | Inspection Fee | |
|---|---|---|
$5,000 or less | $200 | |
Over $5,000 and less than or equal to $10,000 | $200, plus 4% of excess over $5,000 | |
Over $10,000 and less than or equal to $50,000 | $400, plus 3 1/2% of excess over $10,000 | |
Over $50,000 and less than or equal to $75,000 | $1,800, plus 3% of excess over $50,000 | |
Over $75,000 and less than or equal to $100,000 | $2,550, plus 2 1/2% of excess over $75,000 | |
Over $100,000 | $3,175, plus 2% of excess over $100,000 |
(b)
The requirement of the payment of a construction inspection fee may be waived by majority vote of the municipal agency if, upon review of the application and request by the applicant, it appears that there will be no need for construction inspections.
(c)
In the event that the initial deposit made by an applicant is not sufficient to cover all necessary construction inspection costs, upon request by the Township, the applicant shall make such further deposit or deposits as may be necessary to cover further construction inspection costs. If an additional amount is required, no certificate of occupancy shall be issued until said amount is paid.
(d)
Each deposit for construction inspection fees shall be held in escrow by the Township in accordance with § 160-53B of this chapter.
[Amended 3-8-1991]
(e)
The Township Clerk, or the Planning Board Secretary in the case of applications pending before the Planning Board, shall certify the costs of the construction inspection of the project. Upon approval by the municipal agency, such amount shall be withdrawn from the escrow account and paid over to the Township.
[Amended 3-8-1991]
(f)
Prior to any transfer from an escrow account, the Township Clerk, or the Planning Board Secretary in the case of applications pending before the Planning Board, shall notify the applicant of the nature and amount of the costs which have been approved by the municipal agency.
[Amended 3-8-1991]
(g)
An applicant may examine Township records with respect to that applicant's escrow account and expenditures.
(h)
All deposits for construction inspection fees shall be made prior to the performance of the professional services which the deposit is intended to cover.
(i)
After the completion of the project or upon the withdrawal of an application and after all construction inspection costs have been paid from the escrow account for such application, the Township Treasurer shall refund to the applicant all deposit moneys remaining in the escrow account, together with the interest, if any, which the applicant is entitled to receive.
(4)
Special meeting fee. In the event that a special meeting is held for the benefit of an applicant or prospective applicant, a separate fee of $100 shall be paid by the applicant or prospective applicant prior to the commencement or scheduling of the special meeting. The fee of $100 shall be separate from and in addition to any costs for the Board's professionals' time, which costs shall also be the responsibility of the applicant or prospective applicant.
[Added 11-1-1991]
(5)
Performance guarantee fee.
[Added 9-6-1996]
(a)
A cash deposit of not more than 10% of any performance guarantee shall be made with the Township of White by the development applicant. Said performance fee shall be held in an interest-bearing account in the custody of the Chief Financial Officer of the Township of White and shall be returned to the development applicant upon certification by the Municipal Engineer that the project has been completed in accordance with all of the engineering requirements.
(b)
In the event that the performance guarantee is required to be drawn upon because of faulty performance or nonperformance, the depositor/developer shall be given 10 days' notice of said intent to withdraw by certified mail, return receipt requested, at the last address furnished to the Township by said developer.
(c)
Following that notice the Township shall request a certification from the Municipal Engineer of the cost of performing the work bonded. Said sum shall be withdrawn from said account and applied to the cost of completing or repairing said work as provided by the performance guarantee. This withdrawal and application may be made regardless of whether or not the municipality seeks recovery from the surety or letter of credit.
B.
Funds on deposit.
(1)
Whenever an amount of money shall be deposited by an applicant with the municipality for technical/legal review fees pursuant to § 160-53A(2) or for construction inspection fees pursuant to § 160-53A(3) or to satisfy the performance or maintenance guaranty requirements of this chapter, the money, until repaid or applied to the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided herein, shall continue to be the property of the applicant and shall be held in trust by the Township.
(2)
The Township Clerk, or the Planning Board Secretary in the case of applications pending before the Planning Board, shall deposit the money 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, and 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.
[Amended 3-8-1991]
(3)
The municipality shall not be required to 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 annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
C.
The following fees shall be paid for the services or items listed:
(1)
List of property owners from current tax duplicate pursuant to P.L. 1975, c. 291, Section 7.1c (N.J.S.A. 40:55D-12c): $0.25 per name or $10, whichever is greater.
(3)
Copy of a decision furnished to any party other than the applicant or his attorney pursuant to P.L. 1975, c. 291, Sections 6h and 8g (N.J.S.A. 40:55D-10h and 40:55D-17g): $10.
(4)
Publication of hearings or decisions of the Township Committee on an appeal pursuant to P.L. 1975, c. 291, Sections 6i and 8a (N.J.S.A. 40:55D-10; and 40:55D-17a): cost of publication.
(7)
Certification of preexisting use or structure pursuant to N.J.S.A. 40:55D-68: $30.
(8)
Fees for construction permits, certificates of occupancy and signs shall be charged pursuant to the Construction Code of the Township (Chapter 110).
(9)
Zoning permit fee: $10.
[Added 7-3-2001]