Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 10-6-1997 by Ord. No. 1287-97[1]; amended 7-21-2003 by Ord. No. 1468-2003; 2-22-2005 by Ord. No. 1514-2005]
[1]
Editor's Note: This ordinance repealed former Art. II, Development Fees, adopted 8-17-1981 by Ord. No. 806-81, as amended.

§ 167-6 Administrative fees and escrow deposits.

A. 
Administrative fees for certain development applications.
[Amended 10-15-2007 by Ord. No. 1609-2007; 8-3-2009 by Ord. No. 1656-2009]
(1) 
Fees enumerated.
[Amended 7-18-2016 by Ord. No. 1827-2016]
Application
Required Fee
Minor subdivision, not creating additional lots
$250
Minor subdivision, creating one or more additional lots
$250 for the first lot, $25 each additional lot
Preliminary major subdivision
25 lots or less
$300, plus $40 per market lot
26 to 100 lots
$500, plus $25 per market lot
101 to 500 lots
$800, plus $20 per market lot
Over 500 lots
$1,200, plus $20 per market lot
Final major subdivision
25 lots or less
$300, plus $40 per market lot
26 to 100 lots
$500, plus $25 per market lot
101 to 500 lots
$800, plus $20 per market lot
Over 500 lots
$1,200, plus $20 per market lot
Site plan, nonresidential
Under 5,000 square feet of building
$600
From 5,001 to 10,000 square feet of building
$750
From 10,001 to 50,000 square feet of building
$1,000
From 50,001 to 100,000 square feet of building
$1,250
From 100,001 square feet of building or greater
$1,500
Amendment or revision to approved site plan
50% of original fee
Site plan, residential and mixed-use developments (i.e., planned adult community, planned village development and redevelopment areas)
Preliminary application, residential units
25 units or less
$300, plus $50 per market unit
26 to 100 units
$600 plus $25 per market unit
101 to 500 units
$800 plus $15 per market unit
Over 500 units
$1,200 plus $10 per market unit
Preliminary application, nonresidential elements
Use applicable nonresidential site plan fee
Final application, residential units
25 units or less
$300, plus $50 per market unit
26 to 100 units
$600 plus $25 per market unit
101 to 500 units
$800 plus $15 per market unit
Over 500 units
$1,200 plus $10 per market unit
Final application, nonresidential elements
Use applicable nonresidential site plan fee
General development plan (planned village development only)
$1,000
Administrative review
$300
Extension of approval
$250
Conditional use
$350
Request for zoning change; request for designation of a redevelopment or rehabilitation area; redevelopment plan review and recommendation
$300
Variance
Use variance
$350
All other variances
$50 per variance
Appeals or interpretations pursuant to N.J.S.A. 40:55D-70, 40:55D-72 and 40:55D-76, including certificates of nonconformity
$300
Publication of notices of hearing
$15, plus cost of publication
Publication of decisions
$15, plus cost of publication
Transcripts
Actual cost, plus 20%
Zoning permits
Residential, new single-family dwellings and/or additions to an existing dwelling
$35
Residential, new two-family and townhouse dwellings
$35 per unit
Residential, multifamily structures
$50
Nonresidential, new buildings and/or additions to existing buildings
$50
Accessory structures (e.g., detached garages, detached decks, pools, sheds, fences, etc.)
$25
Signs
$25
Continued zoning permit
$25
Certificate of appropriateness
$25
(2) 
Exemptions. All charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d) are exempt from the payment of administrative fees, as is required herein. The exemption, as granted herein, is specific only to § 167-6A and shall not affect the requirements of the balance of the development fees ordinances, including, without limitation, the obligation to post review escrows, as provided in § 167-6B.
[Added 10-18-2010 by Ord. No. 1679-2010]
B. 
Review escrows. In addition to paying the fees set forth in Subsection A herein above, the applicant is responsible for and shall pay any and all costs incurred by the Planning Board, the Zoning Board of Adjustment, or the Township Committee for review, analysis, evaluation, services, or other necessary professional reviews by their engineers, solicitors, professional planners, or other professionals retained for these purposes. It is the intent of this section of this article to require the applicant and/or owner to pay all costs incurred at each phase of the zoning, planning or review process and necessary services resulting from applications, incurred by professionals on behalf of the Planning Board, the Zoning Board of Adjustment or the Township Committee.
(1) 
The following escrow amounts shall be posted by the applicant/owner simultaneously with filing an application and/or at any later time when the applicant/owner receives notice by the appropriate official that these funds or additional escrow funds are required. The required escrow funds set forth herein below shall be paid when requested and any further escrow funds required shall be paid no later than 20 days after the applicant/owner is advised by the appropriate official that additional escrow funds are necessary. In the event that the owner or applicant contests the amount of additional escrow funds required, then and in that event, the applicant/owner shall pay the amount of additional escrow funds as set forth by the Chief Financial Officer of the Township of Hamilton and shall contest that amount at a later time after the amounts of additional escrow funds are paid. In the event that the applicant/owner does not promptly pay additional escrow funds within 20 days of receiving notice thereof, then and in that event, the Planning Board, Zoning Board of Adjustment or Township Committee may, at their sole discretion, refuse to take any further action with regard to pending applications or, in the alternative, may determine that the application is not complete nunc pro tunc.
(2) 
In the event that approvals have already been given to the applicant/owner and the applicant/owner has been advised of the need for additional escrow funds and fails to timely fund any additional escrows, then and in that event, any temporary, final or other approvals shall be suspended and, therefore, ineffective until such time as the additional escrow funds are paid to the appropriate agency.
(3) 
In the event an applicant disputes specific professional charges, an appeal may be made pursuant to N.J.S.A. 40:55D-53.2(a).
[Amended 10-15-2007 by Ord. No. 1609-2007; 8-3-2009 by Ord. No. 1656-2009; 11-9-2009 by Ord. No. 1663-2009; 7-18-2016 by Ord. No. 1827-2016]
Development Application
Escrow Fee
Minor subdivision (preliminary and final)
Without variance
$1,500
With variance
$2,000
Preliminary major subdivision (preliminary and final)
25 lots or less
$7,000
26 to 100 lots
$10,000
101 to 500 lots
$12,000
Over 500 lots
$15,000
Site plan, nonresidential
Under 5,000 square feet of building
$4,000
From 5,001 to 10,000 square feet of building
$5,000
From 10,001 to 50,000 square feet of building
$7,500
From 50,001 to 100,000 square feet of building
$10,000
From 100,001 square feet of building or greater
$12,500
Amendment or revision to approved site plan
50% of original fee
Planned village development, general development plan
$5,000
Residential and mixed-use development site plans (i.e., planned adult community, planned village development and redevelopment area)
General development plan
$5,000
Preliminary and final site plan
Under 25 units or less
$7,000
26 to 100 units
$10,000
101 to 500 units
$12,000
Over 500 units
$15,000
Administrative review
$2,000
Extension of approval
$2,000
Conditional use
$500
Request for zoning change; request for designation of a redevelopment or rehabilitation area; redevelopment plan review and recommendation
$2,000
Variance(s)
Bulk
$500
Use
$1,000
Appeals or interpretations pursuant to N.J.S.A. 40:55D-70, 40:55D-72 and 40:55D-76, including certificate of nonconformity
$500
Tax Map revisions
Actual cost
C. 
Inspection escrow. Inspection escrows shall be provided for in the Hamilton Township development ordinances, including but not limited to those provided for in the Land Use and Development Ordinance, Chapter 203, Article XII.

§ 167-7 Forestry application and permit fees.

A. 
Forestry operations/application fees. In accordance with the Land Use and Development Ordinance of the Township of Hamilton and, specifically § 203-174 thereof, certain permits, licenses and applications are required with respect to forestry operations. All applications for forestry permits as required in § 203-174 including, without limitation, those required in § 203-174E(1) shall be as follows:
(1) 
Application fee (which fee shall be submitted with a completed application): $50.
(2) 
Administrative fees: $500.
B. 
Upon the issuance of a forestry permit pursuant to the Township of Hamilton Land Use and Development Ordinance and, in particular § 203-174, the applicant shall be required to pay the sum of $500, which sum has been established to be a reasonable amount to reimburse the Township, its agents and employees for its administrative costs incurred with respect to all processes for the issuance of forestry permits. The $500 fee shall be a one-time fee and shall be good for a ten-year permit.

§ 167-8 Disposition of funds; refunds.

A. 
Any escrows not expended by the Planning Board, Zoning Board of Adjustment or Township Committee shall be returned to the applicant, without interest, as soon as reasonably practical.
B. 
When final and preliminary applications are made simultaneously, the Planning Board and Zoning Board of Adjustment shall have the right, in appropriate cases, to waive by the payment of dual fees and escrows.
C. 
When the amount in escrow has been reduced to 25% of the required escrow, the Chief Financial Officer of the Township of Hamilton may require the deposit of additional escrow funds in an amount as determined by said Chief Financial Officer to cover the future anticipated actual cost to be incurred by the Planning Board, Zoning Board of Adjustment and/or Township Committee by its Solicitor, Engineer, Planner or other professionals retained. Unless and until such additional escrows are provided, the Planning Board, Zoning Board of Adjustment or Township Committee may suspend any official action it is taking with regard to the application/owner. Additional escrows shall be provided to and paid to the appropriate official no later than 20 days after the applicant/owner receives notice thereof.
D. 
The Chief Financial Officer shall provide an accounting of all activity within the escrow fund. A copy of said accounting shall be available to an application pursuant to N.J.S.A. 40:55D-53.2(C).
E. 
Applicant desiring to conduct informal discussions with the Solicitor, Planner, Engineer, Traffic Engineer or other professionals of the Planning Board, Zoning Board of Adjustment and/or Township Committee prior to filing an application shall deposit with the Chief Financial Officer 25% of the escrow that would be required if applicant were filing an application. The amount in escrow shall be applied toward actual costs incurred by the Planning Board, Zoning Board of Adjustment and/or Township Committee. When the amount in escrow has been reduced to 25% of the amount originally posted, the applicant shall deposit a further escrow with the Chief Financial Officer in an amount to cover future actual costs of the Planning Board, Zoning Board of Adjustment and/or Township Committee.