Every municipal agency shall adopt and may amend reasonable
rules and regulations, not inconsistent with this article, for the
administration of its functions, powers and duties and shall furnish
a copy thereof to any person upon request and may charge a reasonable
fee for such copy. Copies of all rules and regulations and amendments
thereto shall be maintained in the office of the Administrative Officer.
Fees to be charged:
[Amended by Ord. No. 3-99; Ord. No. 9-2000; Ord. No. 6-07]
Prior to the consideration of an application by the Planning
Board, under the terms of this article, the applicant shall have paid
a fee as established by the following schedule:
A.
Site plans. At the time of filing an application for site plan approval,
the applicant shall pay to the Township of Denville an application
fee and review fee deposit and, prior to commencement of construction,
an inspection fee deposit as set forth below:
(1)
Preliminary site plan: $5 per 1,000 square feet of lot area or part
thereof plus $5 per 100 square feet of proposed gross building floor
area or part thereof.
(2)
Site plan resubmission. Each resubmission of site plan previously
withdrawn by applicant or disapproved by the Planning Board: new application
fee.
(3)
Site plan revision. There shall be no fee for the first revision.
The fee for all subsequent revisions shall be 10% of the original
application fee, provided, however, that the Planning Board may waive
the fee in such cases where the Planning Board has recommended changes
not specifically required by the article.
(4)
Inspection fee. For inspection of the site plan by the Township Engineer
to ensure compliance, the applicant shall, prior to commencement of
the construction, pay over to the Township by certified check an amount
calculated in accordance with § 600-99Fof this chapter.
(5)
Final site plan: $2 per 1,000 square feet of lot area or part thereof
plus $2 per 100 square feet of proposed gross building floor area
or part thereof.
(6)
Multifamily preliminary site plan: $1,200, plus $50 per unit.
(7)
Multifamily final site plan: $500, plus $50 per unit.
(8)
Review fee deposit.
(a)
Concept plan: $425 per acre or fraction thereof for the first
two acres plus $50 for each additional acre or fraction thereof.
(b)
Preliminary conventional site plan: $1,500 per acre or fraction
thereof for the first two acres plus $150 for each additional acre
or fraction thereof. Note: If the site plan involves only a portion
of a site or is otherwise of a relatively minor nature, the review
fee deposit shall be based on the site area impacted, as determined
by the Township Engineer; provided, however, that the minimum review
fee shall be based on an area not less than one acre.
(c)
Preliminary site plan for multifamily housing development: $75
for each living unit.
(d)
Final site plan for multifamily housing development: 50% of
the preliminary site plan review fee deposit.
(e)
Final conventional site plan: 50% of the preliminary site plan
review deposit.
B.
Minor subdivisions. At the time of filing an application for minor
subdivision approval, the applicant shall pay to the Township of Denville
an application fee and review fee deposit and, prior to the commencement
of construction, an inspection fee deposit as set forth below:
(1)
Lot line removals: $5.
(2)
All minor subdivision: $100 minimum application fee plus $20 additional
fee for each lot in the proposed subdivision.
(3)
Each resubmission for a minor subdivision: $100 application fee.
(4)
Review fee deposit. The initial deposit for review fees shall be
$400 per lot.
C.
Preliminary plat. At the time of filing an application for preliminary
approval, the applicant shall pay to the Township of Denville an application
fee and review fee deposit and, prior to the commencement of construction,
an inspection fee deposit as set forth below:
(1)
Preliminary plan submission: $400 minimum application fee plus $50
additional fee for each lot shown on plat.
(2)
Resubmission of preliminary plat: new application fee.
(3)
Revision of a preliminary plat: There shall be no fee for the first
revision. The fee for all subsequent revisions shall be 10% of the
original application fee; provided, however, that the Planning Board
may waive the fee in such cases where the Planning Board has recommended
changes not specifically required by this chapter.
D.
Final plat. At the time of filing an application for final approval,
the applicant shall pay to the Township of Denville an application
fee and review fee deposit and, prior to the commencement of construction,
an inspection fee deposit as set forth below:
(1)
Final plat submission: $300 minimum application fee plus $50 additional
fee for each lot shown on plat.
(2)
Resubmission of final plat: $300 provided that resubmission is filed
within three years of preliminary approval.
(3)
Review fee deposit. The initial review fee deposit shall be $50 for
each lot within the final plat of the subdivision.
E.
Certificate of approval fee shall be in accordance with the schedule
of fees for searches prescribed by N.J.S.A. 54:5-14.
F.
When an applicant has been notified, in writing, that an application
is so incomplete or improperly prepared as to render it unsuitable
for Board review, it will be returned to the applicant and 20% of
the application fee will be retained by the Township. The balance
of the application fee and the inspection fee deposit will be returned
to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended by Ord. No. 9-2000; Ord. No. 19-01; Ord. No. 9-05; 8-16-2011 by Ord. No. 18-11]
A.
The following schedule of fees shall be paid to the Township in connection
with matters before the Board of Adjustment, such payment to be made
to the Township Clerk prior to the time that an application is filed
with the Board of Adjustment.
(1)
All proceedings under L. 1975, c. 291, Section 57 (N.J.S.A. 40:55D-70a) to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Part 4, Zoning, of this chapter: $100.
(2)
All proceedings under L. 1975, c. 291, Section 57 (N.J.S.A. 40:55D-70b)
to hear and decide requests for interpretation of the Zoning Map or
ordinance or for decisions upon other special questions upon which
the Board of Adjustment is authorized to pass: $150.
(3)
Bulk variance.
(a)
All applications for a variance under L. 1975, c. 291, Section 57
(N.J.S.A. 40:55D-70c), where the property involved lies within a residential
zone: $150.
(b)
All applications for a variance under L. 1975, c. 291, Section 57
(N.J.S.A. 40:55D-70c), where the property involved lies within a zone
other than a residential zone: $250.
(4)
All applications for a variance under L. 1975, c. 291, Section 57
(N.J.S.A. 40:55D-70d):
[Amended 4-17-2018 by Ord. No. 09-18]
(a)
$3,000, except as set forth in § 600-8A(4)(b).
(b)
The fee for an application for a variance under N.J.S.A. 40:55D-70d(2),
expansion of a nonconforming use, which involves solely ancillary
improvements such as, but not limited to, landscaping, lighting, parking,
electric vehicle charging stations, signage (not including billboards),
façade enhancements, or changes intended to meet ADA requirements,
and which will not result in a significant intensification of the
nonconforming use, shall be $750.
(5)
All applications to direct the 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
pursuant to N.J.S.A. 40:55D-32 and all applications to direct issuance
of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure
not related to a street: $100.
(6)
Review fee deposit.
(a)
The review fee deposit for a use variance application shall be $2,000 for a use variance described in § 600-8A(4)(a), $1,000 for a use variance described in § 600-8A(4)(b), and $500 for a hardship variance. For all other applications, the review deposit fee shall be determined as follows: When the Zoning Board of Adjustment determines that expert consultants and/or other professional services are necessary in connection with an application, the Secretary of the Board shall send one copy of the complete application to such expert consultant and/or professional whose services are deemed necessary by the Board. Within 14 days of receipt of the same, the professionals shall submit an estimate of funds sufficient in amount to undertake technical reviews and findings of fact relative to the application. The initial review fee deposit shall be equal to the estimate submitted by the professionals. Where the property involved is a single-family home and the application is for an addition and/or alteration, the initial review fee deposit shall be $250.
[Amended 4-17-2018 by Ord. No. 09-18]
(b)
Exemption. No review fee shall be required where the property
involved is a single-family home and the application is for a permitted
accessory structure, deck or fence.
B.
When the applicant requests that an application be carried to another
meeting, then, in such an event, there shall be an additional charge
of 10% of the particular fee paid.
C.
An applicant or appellant shall provide a stenographic record of
the proceedings before the Board of Adjustment, when applications
are made pursuant to N.J.S.A. 40:55D-70b or d. The applicant or appellant
shall be responsible for securing services of a certified shorthand
reporter who shall make and transcribe the stenographic record of
the proceedings. Cost of the same shall be borne and paid for by such
applicant or appellant and the Board shall be provided with a copy
of the transcript without cost to the Board. In the event an applicant
or appellant desires a stenographic record of any other proceedings
before the Board of Adjustment, he shall be responsible for securing
the services of a certified shorthand reporter who shall make and
transcribe a stenographic record of the proceedings, with cost of
same to be borne by the applicant or appellant and free copy provided
to the Board.
[Added by Ord. No. 9-2000]
A.
Inspection and review fee deposits. The Chief Financial Officer shall place all deposits required by this article in an escrow account administered in accordance with Subsection D in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Township and approved by the Council by resolution, which schedule shall be maintained in the office of the Municipal Clerk for public inspection.
(1)
Inspection fees for required improvements. Prior to the start of construction, an inspection fee deposit shall be paid to the Township in accordance with § 600-99F. The Township Engineer shall not perform any inspection except required health and safety inspections if sufficient funds to pay for those inspections are not on deposit.
(2)
Review fee deposits. In addition to the filing fees or any other
fees required in this section, an applicant shall file with the Township,
at the time of filing an application, a review fee deposit to cover
the costs incurred for reviewing applications for development, review
and preparation of documents and other actual out-of-pocket costs
incurred pertaining to the application by planners, attorneys and
any other professionals or experts employed by the Township on a consultant
basis whose services are deemed necessary to report upon the application
and its compliance with Township ordinances and codes. Such expenses
may involve extensive studies of applications and testimony by experts,
consultants or other individuals, including engineering, land use,
planning and environmental consultants or expenses incurred in connection
with holding special meetings, including attorneys' fees. The Township
agency shall not process and/or take action on the application unless
all review fees and deposits required herein shall have been paid
by the applicant.
B.
No review fee deposit or inspection fee deposit authorized under
this section shall be charged for any municipal clerical or administrative
functions, overhead expenses, meeting room charges, or any other municipal
costs and expenses except as provided for in this section, nor shall
a Township professional add any such charges to his bill.
C.
If the salary, staff support and overhead for a municipal professional
are provided by the Township, the charge shall not exceed 200% of
the sum of the products resulting from multiplying: (1) the hourly
base salary of each of the professionals by (2) the number of hours
spent by the respective professional upon review of the application
for development or inspection of the developer's improvements, as
the case may be. For other professionals the charge shall be at the
same rate as all other work of the same nature by the professional
for the Township when fees are not reimbursed or otherwise imposed
on applicants or developers.
D.
Administration of inspection fee and review fee deposits.
(1)
Escrow accounts. Each review fee and inspection fee deposit shall
be held by the Township in an individual escrow trust account (hereinafter
"escrow account"). Whenever an amount of money in excess of $5,000
shall be deposited by an applicant with the Township for deposits
pursuant to this section, said money, until repaid or applied to the
purposes for which it is deposited, including the applicant's portion
of the interest earned thereon, shall continue to be the property
of the applicant and shall be held in trust by the Township in escrow.
All interest earned and paid to the applicant shall be in conformance
with P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1).
(2)
Tabulation and appeal of escrow accounts.
(a)
The Chief Financial Officer shall tabulate the costs of the
engineer, planner and attorneys, their staffs and any outside consultants
required when an application is of a nature beyond the scope of the
expertise of the professionals normally utilized by the Township,
for a proper review and documentation pursuant to vouchers submitted
monthly by the professionals identifying the personnel performing
the service, and stating the date the services were performed, the
hours spent to one-quarter hour increments, the hourly rate and the
expenses incurred. Expenses shall be actual out-of-pocket expenses
of any such professionals or consultants, including normal and typical
expenses incurred in processing applications. Unit charges (i.e.,
per diem or hourly fees, inspections or expert testimony charges)
levied by the Township engineer, planning consultant, attorney or
other professionals for services applied to an escrow account authorized
and approved pursuant to this section may not exceed those unit charges
contracted for and/or approved by the Township agency for services
by said professional which may not under this section be subject to
compensation by an escrow account. Vouchers shall be submitted monthly
to the Chief Financial Officer with a copy to the applicant. These
costs shall be deducted from the applicable escrow account and paid
to the professionals by the Chief Financial Officer.
(b)
The Chief Financial Officer shall prepare and send to the applicant
a statement which shall include an accounting of funds, listing all
deposits, interest earnings, disbursements and the cumulative balance
of the escrow account. This statement shall be provided quarterly,
if monthly charges are $1,000 or less, or monthly, if monthly charges
exceed $1,000.
(c)
In the event that the funds in the escrow account should become
depleted or are anticipated to become depleted prior to the completion
of the application procedure and/or inspection of improvements, as
the case may be, and additional funds are necessary to cover the costs
of processing said application or inspecting improvements in order
for work to continue on the development or the application, the applicant
shall within 10 days of receipt of notice from the Chief Financial
Officer, deposit additional funds of not less than 50% of the initial
escrow deposit amount. In order to expedite the processing of applications
by the Township agency, the Chief Financial Officer shall notify the
applicant immediately upon the depletion of funds in the escrow account
or as soon as insufficiency of funds becomes evident or is expected.
Pending receipt of the additional funds, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
(3)
Final accounting. After the final plat or site plan has been signed,
in the case of review fee accounts, or after the improvements have
been approved by the Council, in the case of inspection fee deposits,
the applicant shall send written notice by certified mail to the Chief
Financial Officer, the Planning Board/Zoning Board of Adjustment,
the Township Engineer and other relevant professional that the application
is completed. After receipt of such notice, the engineer and/or other
professional shall submit a final voucher to the Chief Financial Officer
within 30 days with a copy to the applicant. The Chief Financial Officer
shall render a written final accounting to the applicant on the status
of the escrow account within 45 days of receipt of the final bill,
together with any balance remaining in the account, including interest
in accordance with N.J.S.A. 40:55D-53.1.
(4)
Appeal. Within 15 days of any tabulation of review costs or inspection
fees by the Chief Financial Officer, the applicant shall have the
right to appeal said charges by so notifying the Council, in writing,
with copies to the Chief Financial Officer, the Planning Board/Zoning
Board of Adjustment, and any other relevant professional, provided
that any additional fees or amounts required by the Planning Board/Zoning
Board of Adjustment to be paid prior to the signing of any plat, issuance
of a building permit or the inspection of any improvement must be
paid by the applicant prior to the bringing of any such appeal. Upon
receipt of any such appeal, the Planning Board/Zoning Board of Adjustment
shall review the same and make a recommendation thereon to the Council
within 45 days. The Council shall then decide the proper review fee
to be charged, based upon information provided by both the applicant
and the Planning Board/Zoning Board of Adjustment. If the matter is
not resolved to the satisfaction of the applicant, the applicant may
appeal to the County Construction Board of Appeals, established under
P.L. 1975, c. 217 (N.J.S.A. 52:27D-127); any charge to an escrow account
or a deposit by any municipal professional or consultant pursuant
to the procedure set forth in N.J.S.A. 40:55D-53.2a.
[Added by Ord. No. 9-2000]
A.
All fees and deposits required by this chapter shall be paid by check
drawn to the order of the Township of Denville. Any check for fees
in excess of $250 shall be in the form of a certified or bank cashier's
check. Except as otherwise provided, all fees and deposits shall be
paid at the time of the filing of any application or appeal and shall
be submitted with the application or appeal.
B.
All permits, determinations, resolutions, decisions, certificates
of occupancy or certificates of approval are subject to the payment
of all fees provided for in this chapter, and no approvals shall be
given or decision rendered by the Planning Board, Zoning Board of
Adjustment or Council, as the case may be, until proof has been submitted
that all requisite fees have been paid to the Township. Furthermore,
the applicant must submit proof that no taxes or assessments for local
improvements are due or delinquent on the property before the approving
authority may act on an application.
C.
The payment of fees pursuant to the provisions of this chapter shall
not relieve an applicant from the payment of any other fees required
by any other ordinance or provision thereof.
[Added by Ord. No. 9-2000]
The Council, the Planning Board or the Board of Adjustment,
as the case may be, may waive or reduce the fees prescribed herein
in connection with applications submitted by public agencies, nonprofit
volunteer organization and such other quasi-public agencies and organization
as the Council or Board, as a matter of policy, may designate. The
Council, the Planning Board or the Board of Adjustment, as the case
may be, may also reduce fees in connection with applications under
its jurisdiction when, in its judgment, the fee would be unreasonably
excessive in relation to the scope of the application, the degree
of professional review services required and other unusual circumstances
relating to the application. No such fee shall be reduced if actual
expenses of the Council or the Board exceed 50% of the fee herein
specified, and at least 10% of the fee herein specified shall be retained
by the Township to cover administrative costs.
[Added by Ord. No. 7-01; amended by 10-16-2012 by Ord.
No. 21-12]
A.
Zoning permit for fence or shed: $20.
B.
Pre-concept plan review. If a person, corporation or entity requests a pre-concept plan review meeting that will require, as determined by the Township Administrator, review and input by the Township Engineer, Township Planner, Board Attorney or Township Attorney, an administrative review escrow fee of $500 per meeting shall be paid prior to the second and any subsequent pre-concept plan review meetings. The administrative review escrow shall be administered in accordance with § 600-9.
