[Ord. No. 94-29 § 118-7; Ord. No. 07-02-OAB § 1; Ord. No. 08-12-OAB § 1; Ord. No. 2014-30-OAB § 1]
a.
The developer shall, at the time of filing a submission, pay the
following nonrefundable fee to the Township of Berkeley by cash, check
or bank money order. The application fees are to cover the normal
operating costs to the Township, such as administrative officers,
secretarial costs, preparation of agendas, costs of publication, attendance
at meetings by the attorney and other professionals, court reporter
fees, and any other costs incurred by the respective boards of an
administrative nature, as opposed to professional review fees.
b.
Subdivision Application Fees.
1.
Minor Subdivision, Application Fee — $750.
2.
Preliminary Approval, Major Subdivision — $750.
3.
Final Approval, Major Subdivision — $500.
4.
Minor Site Plan Application — $500.
5.
Preliminary Site Plan Application — $1,500.
6.
Final Site Plan Application — $500.
7.
Variances.
(a)
Hear and decide application appeals — $250.
(b)
Interpretation of Zoning Map and Ordinance — $250.
(c)
Hardship Variance — $250.
(d)
Use Variance — $500.
(e)
Conditional Uses — $400.
(f)
Building Permit in Conflict with Official Map or Building Permit
for lot not related to a street — $500.
(g)
Erection of a structure on an unimproved street pursuant to N.J.S.A.
40:55D-36 of the Municipal Land Use Law — $500.
(h)
To construct a fence — $250.
(i)
Any and all other types of applications not already covered by this
Schedule — $250.
8.
Extension of Preliminary or Final Major Subdivision or Site Plan
Approval — $500.
9.
Amended Preliminary or Final Major Subdivision or Site Plan Approval
— $500.
10.
Improvement Plans for Platted Subdivisions — $500.
11.
Special Meeting requested by applicant — $1,500.
c.
Zoning Permits. Each request for a zoning permit shall be accompanied
by a payment to the Township of Berkeley in the amount of $30 for
each residential unit and $60 for a business, commercial or industrial
use.
d.
Waiver of Fees for Zoning Permit for Accessibility by Handicapped
Persons to Existing Structures or Facilities. No person shall be charged
a zoning permit fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by the handicapped to an existing public or private structure or any
of the faculties contained therein. For the purposes of this section,
"handicapped person" means a person who has the total and permanent
inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment, including
blindness, and shall include, but not be limited to, any resident
of this State who is disabled pursuant to the Federal Social Security
Act (42 U.S.C. § 416) or the Federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231 et seq.), or is rated as having
60% disability or higher pursuant to any Federal law administered
by the United States Veterans' Act. For the purposes of this subsection,
"blindness" means central visual acuity of 20/200 or less in the better,
eye with the use of a correcting lens. An eye, which is accompanied
by a limitation in the fields of vision such that the widest diameter
of the visual field subtends an angle no greater than 20°, shall
be considered as having a central visual acuity of 20/200 or less.
[Ord. No. 94-29 § 118-7.1; Ord. No. 07-02-OAB § 2; Ord. No. 08-12-OAB § 2]
a.
In addition to the initial application fees or charges as set forth in § 35-8, above, the administrative officer shall require escrow deposits in accordance with the provisions of the escrow deposit schedule set forth in § 35-10, below. The Chief Financial Officer of the Township shall make all payments to professionals for services rendered to the Township or approving authority to the Board or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspection of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs to be added to such charges shall be actual, out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any Township, clerical or administrative functions, overhead expenses, meeting room charges or any of the Township costs and expenses except as provided for specifically by statute, nor shall a Township professional add any such charge to his bill.
b.
The Township shall be entitled to reimbursement for the review of
applications, both as to completeness and as to content; for the review
and preparation of documents such as, but not limited to; drafting
resolutions, developer's agreements, and necessary correspondence
with applicant or applicant's professionals.
c.
The fees in this chapter are promulgated on the basis of the applicant's
submitting completed applications and plans in conformance with the
applicable ordinances. These fees are based upon an initial review
by the professional, together with one subsequent review to verify
the applicant's response to various items listed in the professional's
reports.
d.
The fee schedule contained herein is an estimated cost for Township
costs related to the land development review process. Nothing contained
herein shall prohibit the applicable Board from requiring the applicant
to reimburse the Township for all reasonable professional review costs
of the application as determined by the Township Treasurer. Any application
lacking sufficient funds to permit the Board to proceed shall be dismissed
without prejudice.
e.
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with Berkeley Township for professional services employed
by the Township to review applications for development, the money,
until repaid or applied to the purpose for which it is deposited,
including applicant's portion of the interest earned thereon, except
as otherwise provided in this chapter, shall continue to be the property
of the applicant and shall be held in trust by the Township. Money
deposited shall be held in escrow. The Township agency receiving the
money 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 deposit by the
State, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposit.
The Township shall not be required to refund an amount of interest
paid on a deposit that 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 Township 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 Township may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of the entire amount which shall be in lieu of all other administrative
and custodial expenses. All sums not actually so expended shall be
refunded to the applicant within 90 days after the final decision
by the appropriate municipal agency with respect to such application,
upon certification by the Board Secretary that such application has
been finally decided.
[Ord. No. 2017-38-OAB]
a.
Purpose. Pursuant to the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., applicants for development before the Township's
Land Use Boards are required to establish and maintain an escrow account
so as to cover professional fees incurred by the Land Use Board for
review of the applicant's plan for development. At times, applicants
for development fail to maintain said escrow accounts resulting in
the applicant receiving the benefit of the services provided by the
Board's professionals in requiring the municipality to attempt to
collect funds by way of a civil proceeding at great cost and expense
to the taxpayers. It is the intention of this subsection to establish
a municipal ordinance violation for failure of an applicant for development
to maintain an escrow account and to be notified to do so, establishing
penalties with respect thereto.
b.
Failure to Maintain Appropriate Escrow Account. Any applicant for
development before a Berkeley Township Land Use Board who is required
by ordinance to establish and/or maintain an escrow account, and who
fails to provide sufficient funds in said account after being notified
to do so by the Township of Berkeley, shall be considered to have
violated the terms and conditions of this subsection. A certification
from a Township's Chief Financial Officer and/or Assistant Treasurer,
that an applicant for development was provided notice, by way of regular
mail and certified mail with a return receipt that their escrow account
was deficient, and that 30 days have elapsed since notice was sent
by way of regular mail to the applicant for development and said escrow
account had not been replenished during that period of time shall
constitute prima facie evidence that the applicant for development
has violated the terms of this subsection.
c.
Penalty. Any person or entity who violates the terms and conditions
of this subsection shall be subject to a fine no less than $250 and
no more than $1,000 for each such violation. Each separate day that
a violation continues, meaning for each separate day that the escrow
account remains deficient, shall be considered a separate and distinct
violation.
[Ord. No. 07-02-OAB § 3; Ord. No. 8-12-OAB § 3]
a.
Minor Subdivision. - $500 (for each lot formed by the minor subdivision)
- $1,500 minimum.
b.
Preliminary Approval, Major Subdivision.
|
Number of Lots
|
Fee
|
|---|---|
|
0 to 10
|
$3,000
|
|
11 to 24
|
$3,250 + $60/lot
|
|
25 to 100
|
$5,500 + $50/lot
|
|
101+
|
$12,500 + $15/lot
|
c.
Final Approval, Major Subdivision. Final approval, 1/2 of the preliminary
plat application fee, with a minimum fee of $2,000 for each subdivision.
d.
Upon receipt of final or minor subdivision approval, the applicant
shall be required to post with the Township Clerk an amount equal
to the estimated cost of revising the Township tax map to reflect
such approval. Such cost shall be based upon an estimate to be prepared
by the Township Engineer. No subdivision plat or deed shall be signed
by Board officials unless such cost shall have been posted with the
Township Clerk in accordance with this chapter. The amount posted
by the applicant shall be placed by the Township in an escrow account
to defray engineering costs for tax map revisions.
e.
Sectionalization or Staging Plan Approval for Previously Approved
Final Plats. $350.
f.
Certificate of Subdivision. $100.
g.
Preliminary Site Plan Application. (New Nonresidential Development,
including any alterations, additions or changes or use)
|
Acreage
|
Fee
|
|---|---|
|
Up to 2.0 acres
|
$3,500
|
|
Over 2.0 acres
|
$3,500 plus $500/acre or portion thereof for each additional
acre
|
h.
Public, Quasi-Public and Nonprofit Institutions and Agencies not
subject to approval of other government agencies, churches and other
similar uses.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2.0 acres
|
$500
|
|
Over 2.0 acres
|
$1,000
|
i.
Residential Dwelling Units, such as Multifamily Development and Condominium
Development. $125 per dwelling unit, minimum fee $2,500.
[Ord. No. 94-29 § 118-7.2B; Ord. No. 07-02-OAB § 4; Ord. No. 08-12-OAB § 4]
a.
New Construction.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2.0 acres
|
$2,250
|
|
Over 2.0 Acres
|
$2,500 plus $250/acre or portion thereof for each additional
acre
|
b.
Public and Quasi-Public.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2.0 acres
|
$250
|
|
Over 2.0 Acres
|
$500/acre or portion thereof for each additional acre
|
c.
Residential Dwelling Units. $75 per unit, minimum fee of $1,500.
[Ord. No. 94-29 § 118-7.2C; Ord. No. 07-02-OAB § 5; Ord. No. 08-12-OAB § 5]
[Ord. No. 94-29 § 118-7.3; Ord. No. 07-02-OAB § 6; Ord. No. 08-12-OAB § 6; Ord. No. 2014-30-OAB § 2]
a.
Hear and decide application appeals - $750.
b.
Interpretation of Zoning Map and Ordinance - $750.
c.
Variances involving pools or additions or modifications to an existing
residential dwelling - $1,500.
d.
Hardship variances involving new residential construction on undersized
lots and all nonresidential hardship variances - $2,000 for the first
variance, plus $250 for each additional hardship variance (i.e., per
dimension, lot, unit, etc.)
e.
Other variances under N.J.S.A. 40:55D-70c - $2,000.
f.
Use Variance - residential or nonresidential - $2,000, plus $250
for additional variances.
g.
Conditional Uses - $1,500.
h.
Building permit in conflict with official map or building permit
for lot not related to a street - $500.
i.
Erection of a structure on an unimproved street pursuant to N.J.S.A.
40:55D-36 of the Municipal Land Use Law - $1,750, plus $250 for each
additional variance.
j.
Construction of a Fence - $1,500.
k.
Any and all other types of variances or design waivers not already
covered - $2,000.
[Ord. No. 94-29 § 118-7.4; Ord. No. 07-02-OAB § 7; Ord. No. 08-12-OAB § 7]
a.
Planning Board informal review of Subdivisions or Site Plans - $1,000.
b.
Re-Zone Applications - $2,000.
c.
Reapproval of Subdivisions or Site Plans - 50% of original fee.
d.
Extension of Preliminary or Final Major Subdivision or Site Plan
Approval - $1,000.
e.
Amended Preliminary or Final Major Subdivision or Site Plan Approval
- 50% of original fee - $750 minimum.
f.
Improvement Plans for Platted Subdivisions - Final Subdivision Fee
- $2,500 minimum.
g.
Special Meeting requested by applicant - $1,500.
[Ord. No. 94-29 § 118-7.5; Ord. No. 97-31; Ord. No.
03-14-OAB; Ord. No. 07-02-OAB § 8; Ord. No. 08-12-OAB § 8]
a.
Exception to Design and Performance Standards. $250 for one category
design or performance standard plus $150 for each additional category.
b.
Zoning Permits. Each request for a zoning permit shall be accompanied
by a payment to the Township of Berkeley in the amount of $30 for
each residential unit and $60 for a business, commercial or industrial
use.
c.
Waiver of Fees for Zoning for Accessibility by Handicapped Persons
to Exiting Structures or Facilities. No person shall be charged a
zoning permit fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by the handicapped to an existing public or private structure or any
of the activities contained therein.
For the purposes of this section, "handicapped person" means
a person who has the total and permanent inability to engage in any
substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any resident of this State who is disabled
pursuant to the Federal Social Security Act (42 U.S.C. § 416),
or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231
et seq.) or is rated as having 60% disability or higher pursuant to
any Federal law administered by the United States Veteran's Act. For
the purposes of this subsection, "blindness" means central visual
acuity of 20/20 or less in the better eye with the use of a correcting
lens. An eye which is accompanied by a limitation in the fields of
vision such that the widest diameter of the visual field subtends
an angle no greater than 20° shall be considered as having a central
visual acuity of 20/200 or less.
[Ord. No. 94-29 § 118-7.6; Ord. No. 99-17-OAB § 2; Ord. No. 07-02-OAB § 9; Ord. No. 08-12-OAB § 9]
a.
Copies of Rules and Regulations - $25.
b.
Duplication of Tape Recordings - $25.
c.
Photocopy of any Township minutes or records $0.75 for the first
page to the tenth page; $0.50 per page from the eleventh page to the
twentieth page and $0.25 per page for all pages over 20 in number.
d.
Zoning Map or Tax Map Sheet - $10.
f.
Copy of Master Plan - $100.
[Ord. No. 94-29 § 118-7.7; Ord. No. 07-02-OAB; Ord.
No. 08-12-OAB § 10]
Whenever the account established for the applicant's development
review fees paid pursuant to this article has been depleted to 20%
of the original development application fee amount, the Township Treasurer
shall notify the applicant, and the applicant shall immediately upon
notification replenish the account by depositing 50% of the original
development application fee into an escrow account with the Township.
No approving authority or its professional staff shall take any further
action on the application, nor shall any plats be signed or construction
commenced or completed until adequate additional fees have been deposited
with the Township. Any application lacking sufficient funds to permit
the Board to proceed shall be dismissed without prejudice.
[Ord. No. 08-12-OAB § 11]
a.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant
in excess of $5,000 shall be held by the Chief Financial Officer in
a special interest-bearing deposit account, and upon receipt of bills
from professionals and approval of said bills as hereinafter provided
for, the Chief Financial Officer may use such funds to pay the bills
submitted by such professionals or experts. 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, the 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 for 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. All sums not actually so expended shall be
refunded to the applicant within 90 days after the final decision
by the appropriate municipal agency with respect to such application,
upon certification by the Board Secretary that such application has
been finally decided.
b.
Payments. Each payment charged to the deposit for review of applications,
review and preparation of documents and inspection of improvements
shall be pursuant to a voucher from the professional which voucher
shall identify the personnel performing the service, and each date
the services were performed, the hours spent to 1/4 hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to (1) the applicant and (2) the municipal agency for whom said services
were performed.
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 information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less, or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application review or improvement inspections,
the Chief Financial Officer shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall,
within a reasonable time period, post a deposit to the account in
an amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds. Any application lacking sufficient escrow funds to permit
the Board to proceed, shall be dismissed without prejudice.
c.
Payments Required Prior to Issuance of Permits. No zoning permits,
building permits, certificates of occupancy or any other types of
permits may be issued with respect to any approved application for
development until all bills for reimbursable services have been received
by the municipality from professional personnel rendering services
in connection with such application and payment has been made.
d.
Close out Procedures. The following close out procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements had been approved in accordance with N.J.S.
40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the municipality and the approving
authority and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days, and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S. 40:55D-53.
1, shall be refunded to the developer along with the final accounting.
e.
Scope of Charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items that are not subject to approval by any State
governmental agency, and not under municipal jurisdiction except to
the extent consultation with a State agency is necessary due to the
effect of State approvals on the subdivision or site plan.
f.
Limitation of Inspection Fees. Inspection fees shall be charged only
for actual work shown on a subdivisions or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
g.
Substitution of Professionals. If the municipality retains a different
professional or consultant in the place of a professional originally
responsible for development application review, or inspection of improvements,
the municipality or approving authority shall be responsible for all
time and expenses of the new professional to become familiar with
the application or the project, and the municipality or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
h.
Appeals.
1.
An applicant shall notify in writing the Governing Body with copies
to the Chief Financial Officer, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for a service rendered to the municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to N.J.S. 40:55D-53.2.
The Governing Body or its designee shall within a reasonable time
attempt to remediate any disputed charges. If the matter is not resolved
to the satisfaction of the applicant, the applicant may appeal to
the County Construction Board of Appeals, established pursuant to
N.J.S. 52:27D-127 any charge to an escrow account or deposit by any
municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.
40:55D53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, approving authority, and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S. 40:55D-53.2(c), except
that if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal with
60 days from receipt of the municipal statement of activity against
the deposit or escrow account required by N.J.S. 40:55D53.2(c). An
applicant may file an appeal for an ongoing series of charges by a
professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
2.
Appeals shall be taken in accordance with the Rules and procedures
established by the County Construction Board of Appeals.
3.
During the pendency of any appeal, the municipality or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
or subdivision plats or site plans, the reduction or the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge, or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
