A.
Every application for development, variance from Article IV, Zoning, and/or other appeal shall be accompanied by a payment of a fee in accordance with a schedule hereinafter set forth and an escrow as set forth.
B.
Where one application for development includes several
approval requests, the sum of the individual required fees and escrows
shall be paid.
[Amended 12-13-1994 by Ord. No. 39-1994; 4-12-2005 by Ord. No. 3-2005; 9-13-2005 by Ord. No. 26-2005; 2-28-2006 by Ord. No. 06-2006; 4-24-2007 by Ord. No. 12-2007; 2-11-2014 by Ord. No. 5-2014; 7-10-2018 by Ord. No.
09-2018]
The schedule of application fees and initial
review fee escrow deposits to be paid at the time of the filing of
an application is as follows:
|
Submission/Application
|
Application Fee
|
Initial Review Fee Escrow Deposit
| ||
|---|---|---|---|---|
|
Site plan:
| ||||
|
Expedited waiver
|
$200
|
$750
| ||
|
Minor
|
$600
|
$1,000
| ||
|
Preliminary major
|
$400 plus $25 per 1,000 square feet of building plus $7 per
1,000 square feet of lot area
|
125% of fee
| ||
|
Final major
|
50% of preliminary major fee
|
100% of fee
| ||
|
Amended site plan
|
50% of original fee
|
50% of original escrow
| ||
|
Subdivision:
| ||||
|
Minor, 2 lots
|
$750
|
$1,200
| ||
|
Minor, 3 lots
|
$900
|
$1,200
| ||
|
Preliminary major
|
$1,250 plus $125 per lot
|
125% of fee
| ||
|
Final major
|
$750 plus $35 per lot
|
100% of fee
| ||
|
Amended subdivision
|
50% of original fee
|
50% of original escrow
| ||
|
Flood damage prevention development permit
|
$300
|
—
| ||
|
Zoning permits/certificate review and inspections fees:
| ||||
|
Changes of use, fences and signs
|
$60
|
—
| ||
|
Accessory structures under 200 square feet
|
$100
|
—
| ||
|
Determination of zoning status
|
$200
|
—
| ||
|
New structures
|
$350
|
—
| ||
|
New structures (including accessory structures) or additions on property with steep slope area per § 236-21.2
|
$500
|
—
| ||
|
Additions to existing structures
|
$300
|
—
| ||
|
Concept plan review
|
$500
|
$1,000
| ||
|
Variances and other appeals:
| ||||
|
Appeals in accordance with N.J.S.A. 40:55D-70a
|
$500
|
$1,000
| ||
|
Appeals in accordance with N.J.S.A. 40:55D-70b
|
$500
|
$1,000
| ||
|
Appeals in accordance with N.J.S.A. 40:55D-70c
|
$400
|
$1,000
| ||
|
Appeals in accordance with N.J.S.A. 40:55D-70d:
| ||||
|
Residential
|
$600
|
$1,000
| ||
|
Commercial
|
$750
|
$1,000
| ||
|
Industrial
|
$1,000
|
$1,200
| ||
|
Permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36
|
$500
|
$1,000
| ||
|
Permit to construct a building on an unimproved street pursuant
to N.J.S.A. 40:55D-35
|
$500
|
$1,000
| ||
|
Conditional use permit pursuant to N.J.S.A. 40:55D-67
|
$500 plus site plan fee
|
$500 plus site plan escrow deposit
| ||
|
Soil disturbance
|
$200 plus $150 per 1,000 square feet or 100 cubic yards of disturbance,
whichever is greater
| |||
|
Certificate of historic review:
| ||||
|
Demolition
|
$200
|
$500
| ||
|
Addition or new construction
|
$500
|
$1,000
| ||
|
Change in the exterior appearance
|
$250
|
$500
| ||
|
Change in the exterior appearance for a sign or awning only
|
$75
|
$150
| ||
|
Appeal of administrative officer due to a report of the Historic
Preservation Commission
|
$250
|
$500
| ||
|
Special meeting of the Planning Board, Board of Adjustment or
Historic Preservation Commission
|
$500
|
$500
| ||
[Amended 12-13-1994 by Ord. No. 39-1994; 2-28-2006 by Ord. No.
06-2006]
A.
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in § 236-98. The Chief Financial Officer of the Town of Dover shall make all of the payments to professionals for services rendered to the Town of Dover 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.A. 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 inspections 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 Town of Dover. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall be 200% of the sum of the products resulting from multiplying 1) the hourly base salary, which shall be established annually by ordinance, 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 municipality when fees are not reimbursed or otherwise imposed on applicants or developers. The only cost that shall be added to any 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 municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
B.
Scope of reimbursed services. The Town of Dover shall be entitled
to be reimbursed 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 the applicant or applicant's professionals
and inspections.
C.
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 Town of Dover 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 Town of Dover 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 Town of Dover 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.
D.
Payments.
(1)
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, the hourly rate and the expenses
incurred. All professionals shall submit vouchers to the Chief Financial
Officer of the Town of Dover 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 Town
of Dover simultaneously to the applicant and to which the municipal
agency for which said services were performed.
(2)
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 Town of Dover or approving
authority to perform required application reviews 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 Town of Dover 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.
E.
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 Town of Dover from professional personnel rendering services
in connection with such application and payment has been made.
F.
Closeout procedures. The following closeout procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 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 have been approved in accordance with N.J.S.A.
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 Town of Dover 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 Town of Dover within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the Town of Dover 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.A. 40:55D-53.1
shall be refunded to the developer along with the final accounting.
G.
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 which are 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.
H.
Limitation of inspection fees. Inspection fees shall be charged only
for actual work shown on a subdivision 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.
I.
Substitution of professionals. If the Town of Dover retains a different
professional or consultant in the place of a professional originally
responsible for development application review or inspection of improvements,
the Town of Dover 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 Town of Dover or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
J.
Estimate of cost of improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Town Engineer based on documented construction costs for the
public improvements prevailing in the general area of the Town of
Dover. The developer may appeal the Town Engineer's estimate to the
County Construction Board of Appeals, established pursuant to N.J.S.A.
52:27D-127.
K.
Appeals. 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 Town of Dover in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to N.J.S.A.
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.A. 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 Town Engineer pursuant to N.J.S.A.
40:55D-53.4. 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 Town of Dover, 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 subsection N.J.S.A. 40:55D-53.2a,
Subsection a, except that if the professional has not supplied the
applicant with an informational copy of the voucher, then the applicant
shall file his appeal within 60 days from receipt of the municipal
statement of activity against the deposit or escrow account required
by N.J.S.A. 40:55D-53.2(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.
(1)
Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals.
(2)
During the pendency of any appeal, the Town of Dover 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, the signing
of 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 Town of Dover 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 Town of Dover 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 the Town of
Dover, the professional or consultant shall reimburse the Town of
Dover in the amount of any such disallowed charge.
