Borough of Northvale, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 10-24-1979 by Ord. No. 459 (Ch. 37 of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 61.
Alcoholic beverage licenses — See Ch. 65.
Dog and kennel licenses — See Ch. 72, Art. I.
Certificate of smoke detector installation — See Ch. 80, Art. II.
Construction fees — See Ch. 84.
Contractor's licenses — See Ch. 89.
Development fees — See Ch. 95.
Fire prevention inspections and permits — See Ch. 101.
Hunting fees — See Ch. 114.
Peddling and soliciting fees — See Ch. 140.
Poolroom fees — See Ch. 144.
Site work permit fees — See Ch. 162.
Street openings, excavations, etc., fees — See Ch. 174.
Vehicles for hire owner's license — See Ch. 190.
Cat licensing fees — See Ch. 209, Art. II.
Licenses and fees of the Board of Health — See Ch. 213.
Sanitation fees — See Ch. 234.

§ 97-1 Title.

This chapter may be known and may be cited and referred to as the "Fee Ordinance of the Borough of Northvale."

§ 97-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING AREA
For the purposes of the establishment of a fee pursuant to this chapter, the gross area of all floors and usable spaces.
ESCROW ACCOUNT
Moneys held by the Borough Treasurer or Borough Clerk pursuant to the provisions of this chapter when received from an applicant for development pursuant to the provisions of Chapter 200, Zoning, of the Code of the Borough of Northvale.
FEE
Moneys received by the administrative officer in the form of cash, cashier's check, certified check or check as acceptable to the administrative officer, made out to the Borough of Northvale as required by this chapter.
FEE, APPLICATION
That portion of the moneys paid by an applicant for development to the administrative officer pursuant to this chapter, which amount shall be used to offset the costs incurred by the municipality or approving authority in the handling of the application.
FEE, INSPECTION
The fee charged by the municipality or approving authority for inspection of off- or on-tract improvements by the professional consultants or staff professionals of such municipality or approving authority.
FEE, REVIEW
A fee charged by the municipality or approving authority for its review of an application for development by its professional consultants or staff professionals.
PROFESSIONAL
An individual or firm which has an expert or special knowledge, and includes but is not limited to an engineer, planner, lawyer, landscape architect, traffic consultant or environmentalist.
PROFESSIONAL CONSULTANT
A professional retained by the municipality or approving authority pursuant to special contract or resolution.
PROFESSIONAL STAFF
A professional retained by the municipality or approving authority pursuant to its regular reorganization procedure and who is compensated by the municipality or approving authority on a regular basis. A Borough Attorney and Borough Engineer shall be considered to be part of the "professional staff" for the purposes of this chapter.

§ 97-3 Purpose.

The purpose of this chapter is to reasonably impose fees to cover the costs incurred by the approving authority and/or the municipality for the administration, processing and reviewing of applications for development, hearing their appeals and inspecting the improvement as provided for by N.J.S.A. 40:55D-8 and 40:55D-53.

§ 97-4 Responsibilities of administrative officer.

A. 
The administrative officer shall be responsible for receiving all fees and moneys pursuant to this chapter and depositing the same with the Chief Financial Officer daily or within such time as may be practicable. It shall be the administrative officer's duty to keep records of all moneys received. All fees are to be placed with the general municipal fund when initially received, except when the same are required to be placed in the municipal escrow account pursuant to the terms of this chapter.
[Amended 8-10-1994 by Ord. No. 675-94]
B. 
The administrative officer or the Borough Clerk shall determine the amount of the fee and deposits in accordance with the provisions of this chapter and shall submit their method of calculations to the applicant for development, if so requested.

§ 97-5 Payment of fees.

A. 
An interested party who requests services or materials as set forth in the fee schedule that is a part of this chapter shall pay for the same at the time of receipt of said services or materials.
B. 
At the time of an application for development, appeal, interpretation or request for permit or certification, the applicant shall pay the application fee and initial deposit of the review fee as set forth herein. No application shall be considered complete without such payment.
C. 
As a condition for any approval by the approving authority of an application for development which includes an on-tract improvement or off-tract improvement and which will require an inspection by a professional, the developer shall pay the initial deposit of the inspection fee as set forth herein.
D. 
The amounts stated in the review and inspection fee schedules are for the purposes of initial deposit only. The applicant for development is to reimburse the municipality or approving authority for the reasonable actual expenditures related to the review of its application for development and the inspection of any improvements during and after construction or during guaranty periods.
E. 
The approving authority may, by resolution, waive or reduce the application fee requirement for an applicant when hardship exists.
F. 
The application fee shall be paid for each item as listed on the schedule hereinafter set forth in an accumulative manner except that more than one hardship or more than one use variance will be considered to be one for each such category.
G. 
The determination of the initial deposit on a review fee shall be based upon the new areas to be constructed and/or a reasonable proportion related to the extent of renovation or reconstruction of existing facilities. A partial lot may be reviewed.

§ 97-6 Escrow account.

[Amended 8-10-1994 by Ord. No. 675-94]
A. 
The Chief Financial Officer shall maintain a single escrow account in a recognized financial institution in the State of New Jersey. He shall maintain an appropriate ledger book having at least one single page for each separate escrow applicant showing the source of all funds deposited in the account, the names of all persons for whom the funds are or were held, the amount of such funds, the charges or withdrawals for such amounts and the names of all persons to whom such funds were disbursed. It shall also be the duty of the Chief Financial Officer to identify the lot and block number for each deposit or withdrawal.
B. 
The applicant for development shall at all times maintain a positive balance in the escrow account. When the Chief Financial Officer receives approved vouchers which, if paid, will cause a negative balance, he shall then inform the applicant for development who shall, within 10 calendar days, add sufficient moneys to the escrow account for payment of the approved vouchers.
C. 
The Chief Financial Officer shall return all remaining funds in the escrow account for a particular developer to the applicant for development after approval by resolution duly passed and adopted by the Mayor and Council.

§ 97-7 Recording of meetings; transcripts.

All regular and special meetings shall be recorded electronically. Any interested party may request a certified transcript at his own cost and expense.

§ 97-8 Publication.

The municipal authority shall provide for publication of any of its decisions, and the applicant shall pay for the cost of the same pursuant to the provisions of N.J.S.A. 40:55D-12.

§ 97-9 Appeals.

[Amended 8-10-1994 by Ord. No. 675-94]
An appeal to the governing body from decisions of the Zoning Board of Adjustment in granting or denying a use variance shall be accompanied by the application and appeal fee, and the person making the appeal shall furnish the governing body with 10 copies of the transcript of the proceedings below, together with 10 copies of the documents and exhibits, all at the sole cost and expense of the appellant. Said transcript and documents shall be filed with the governing body at least 10 days prior to a scheduled hearing on appeal.

§ 97-10 Copy of decision.

Any interested party may obtain a copy of a decision of the governing body on an appeal on payment of the prescribed fee. The appellant shall be mailed a copy of the decision without charge.

§ 97-11 Use of ancillary powers of Planning Board; fees.

In any case in which the appellant requests the Planning Board to use its ancillary powers pursuant to N.J.S.A. 40:55D-60, the application shall be accompanied by the fees which would be charged by the Board of Adjustment. Such fees shall be in addition to the fees provided for the principal relief requested in the application.

§ 97-12 Fee for application to Board of Adjustment.

The fee for an application to the Board of Adjustment pursuant to N.J.S.A. 40:55D-76b shall be the same as the fees which would be charged by the Planning Board. Such fees shall be in addition to the fees for the principal relief requested in the application.

§ 97-13 General Fee Schedule.

[Amended 2-11-1987 by Ord. No. 569-87; 2-13-1991 by Ord. No. 625-91; 10-13-2004 by Ord. No. 798-2004]
A. 
The General Fee Schedule shall be as follows:
Type
Fee
Copies of any minutes or other file material of a regular or special meeting, 8 1/2 x 14 inches maximum size
1st to 10th page, per page
$0.75
11th to 20th page, per page
$0.50
All pages over 20, per page
$0.25
Copies of any maps, prints or photographs
At cost
Copies of any decisions of the approving authority or governing body
1st to 10th page, per page
$0.50
11th to 20th page, per page
$0.25
All pages over 20, per page
$0.10
Publications and newspapers
At cost
Certificates of approval pursuant to N.J.S.A. 40:55D-56
$25.00
Copy of Zoning Ordinance
$10.00
Copy of Master Plan, per page
$1.00
Copy of Subdivision Ordinance
$10.00
Copy of Site Plan Ordinance
$5.00
B. 
If the custodian of any such records shall find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the custodian, upon the payment of a reasonable fee, considering the equipment and the time involved, to be fixed by the custodian of not less than $5 or more than $25 per day.

§ 97-14 Application Fee Schedule.

[Amended 6-13-1984 by Ord. No. 527-84]
A. 
The Application Fee Schedule shall be as follows:
Statutory Reference
Type
Fee
N.J.S.A. 40:55D-46
Preliminary site plan
$200.00 per lot
N.J.S.A. 40:55D-46.1
Minor site plan approval
$100.00 per lot
N.J.S.A. 40:55D-47
Minor subdivision
$75.00 per lot, plus $25.00 for each new lot proposed
N.J.S.A. 40:55D-48
Preliminary major subdivision
$100.00 per lot, plus $25.00 for each new lot proposed
N.J.S.A. 40:55D-50
Final approval of major subdivision
$25.00 per lot
Final approval of site plan when no preliminary site plan
$300.00 per lot
Final site plan approval after preliminary
$50.00 per lot
N.J.S.A 40:55D-67
Conditional uses
$200.00
N.J.S.A. 40:55D-70
Appeal of administrative officer
$100.00
Interpretation
$100.00
Bulk or hardship variance
$150.00, plus $50.00 per lot or variance requested
Use variance
$250.00
N.J.S.A. 40:55D-34
Building, structure in street, drainway flood control basin or reserved area permit
$100.00
N.J.S.A. 40:55D-35
Building lot to abut street, certification
$100.00
N.J.S.A 40:55D-36
Appeal of N.J.S.A. 40:55D-35
$100.00
Applications for 1 single-family residence or 1 single-family residential lot shall be 50% of schedule in a residential zone.
Zoning permit (temporary and final)
$50.00
Renewal of temporary zoning permit (nonrefundable)
$50.00
B. 
Mini-review fee.
[Added 9-14-2011 by Ord. No. 898-2011]
(1) 
Purpose. This subsection establishes a fee for application, submission, review and recommendation by the Planning Board commercial tenancy review subcommittee, to be collected upon submission of a commercial tenancy application. Fees collected pursuant to this subsection shall be used for the sole purpose of offsetting the administrative costs of such applications and reviews.
(2) 
Basic requirements. Upon submission of an application for review of a commercial tenancy, the applicant shall submit a nonrefundable fee, as set forth herein, to the Board Secretary, to be deposited in the Borough's general fund, to be treated as any other fee in Chapter 97 of the Borough Code.
(3) 
Commercial tenancy ("mini-review") fees. Each landlord or tenant seeking to occupy commercial space within the Borough for a business purpose, whether for profit or a nonprofit entity, shall submit, prior to review by the Planning Board subcommittee or the full Planning Board, a fee of $150, payable by the applicant, to defray the Board's cost incurred in the processing and review of the tenancy application. This fee may be increased, decreased or eliminated only by further action of the Mayor and Council in the form of a duly adopted ordinance.

§ 97-15 Review Fee Schedule (Escrow Account) and Inspection Fee Schedule (Escrow Account).

The Review Fee Schedule (Escrow Account) and Inspection Fee Schedule (Escrow Account) shall be as follows:
A. 
Review Fee Schedule (Escrow Account). The developer is to pay the actual cost of review. This schedule shows initial deposits with application.
Area
Initial Deposit
Land area (acres):
Up to 1/2
$150.00
1/2 to 1
$250.00
1 to 5
$750.00
5 to 25
$1,500.00
Over 25
$2,500.00
In addition, building area (square feet):
Up to 5,000
$100.00
Over 5,000
$100.00, plus $0.02 per square foot of excess over 5,000 square feet
B. 
Inspection Fee Schedule (Escrow Account). The developer is to pay the actual cost of inspection. This schedule shows initial deposit as a condition to approval for any on-tract improvements.
Cost of On-Tract Improvements
Initial Deposit
Less than $5,000
$400 minimum fee
$ 5,000 to $10,000
$400, plus 7% of excess over $5,000
$10,000 to $25,000
$750, plus 5% of excess over $10,000
$25,000 to $50,000
$1,500, plus 3% of excess over $25,000
$50,000 to $100,000
$2,500, plus 2% of excess over $50,000
Over $ 100,000
$3,250, plus 1% of excess over $100,000

§ 97-16 Special meetings; costs.

[Added 6-13-1984 by Ord. No. 522-84]
Any party who requests a special meeting of any municipal body shall, prior to the scheduling of said meeting, pay the sum of $300 to defray the costs of said meeting and shall further pay for the actual cost to the municipality for providing public notice of said meeting in any of the legal newspapers of the municipality.

§ 97-17 Open Public Records Act fees.

[Added 10-13-2004 by Ord. No. 798-2004]
The OPRA fees for Municipal Court and Police Department shall be as follows.
A. 
Court discovery:
(1) 
Per page for the first 10 pages: $0.75.
(2) 
Per gage for the next 10 pages: $0.50.
(3) 
Per page thereafter: $0.25.
(4) 
For stationary-related expenses: postage plus $0.25.
B. 
Police accident reports not part of a Municipal Court discovery:
(1) 
First three pages: $5.
(2) 
Per page thereafter: $1.