[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Editor's Note: This ordinance repealed former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.
[Last amended 6-20-2023 by Ord. No. 2047-2023]
A.Â
Administrative and escrow fees for certain development applications.
(1)Â
The schedule of fees shall be as follows:
Application Category
|
Administrative Fees
|
Escrow Fees
|
---|---|---|
Minor subdivision
| ||
$250
|
$1,000
| |
Creating one or more additional lots
|
$250 plus $25 per lot created
|
$1,500
|
Amendment or request for reapproval
|
Not creating additional lots50% of the original fee
|
$700
|
Variances pursuant to N.J.S.A. 40:55D-70c(1) or
(2)
|
$75/variance
|
$500
|
Major subdivision
| ||
Preliminary
|
$400 plus $30/lot
|
25 or fewer lots $7,000
26 - 100 lots $10,000
101 - 500 lots $12,000
Over 500 lots $15,000
|
Final
|
$400 plus $20/lot
|
50% of the preliminary escrow fee
|
Variances pursuant to N.J.S.A. 40:55D-70c(1) or
(2)
|
$75/variance
|
$500
|
Amendment of an approved subdivision
|
50% of the preliminary application fee plus $30 additional lot
when increasing the number of lots
|
50% of the preliminary escrow fee
|
Administrative review
|
$500
|
$2,500
|
Extension of approval
|
$250
|
$1,500
|
Site plan, nonresidential
| ||
Minor site plan
|
$600
|
$3,000
|
Preliminary major site plan
| ||
Under 5,000 square feet of GFA
|
$600
|
$3,500
|
From 5,001 to 10,000 GFA
|
$700
|
$4,000
|
From 10,001 to 50,000 GFA
|
$900
|
$5,000
|
From 50,001 to 100,000 GFA
|
$1,000
|
$7,500
|
From 100,001 GFA or greater
|
$1,250
|
$10,000
|
Final major site plan
|
50% of the preliminary application fee
|
50% of the preliminary escrow fee
|
Variances pursuant to N.J.S.A. 40:55D-70c(1) or
(2)
|
$75/variance
|
$500
|
Site plan, residential and mixed use (i.e., planned adult community,
planned village development and redevelopment areas)
| ||
General development plan
|
$1,000
|
$5,000
|
Preliminary site plan
| ||
Residential units
|
$400 plus $30/unit
|
25 or fewer lots $7,000
26 - 100 lots $10,000
101 - 500 lots $12,000
Over 55 lots $15,000
|
Nonresidential elements
|
Use applicable nonresidential site plan fee
|
Use applicable nonresidential site plan escrow
|
Final site plan
|
50% of the preliminary application fee
|
50% of the preliminary escrow fee
|
Variances pursuant to N.J.S.A. 40:55D-70c(1) or
(2)
|
$75/variance
|
$500
|
Site plan, amendment or revision of an approved plan
|
50% of the original application fee
|
50% of the preliminary escrow fee
|
Site plan, administrative review
|
$500
|
$2,500
|
Extension of approval
|
$250
|
$1,500
|
Request for Master Plan amendment; zoning change; designation
of a redevelopment or rehabilitation area; or redevelopment plan review
and recommendation
|
$300
|
$2,000
|
Variances
| ||
Appeal or interpretation pursuant to N.J.S.A. 40:55D-70
or 76.a
|
$350
|
$1,000
|
'Bulk' variances pursuant to N.J.S.A.
40:55D-70c(1) or (2)
|
$75/variance
|
$500
|
'Use' variances pursuant to JJSA 40:55D-70d(1)
through (6)
|
$400
|
$1,500
|
Misc.
| ||
Soil borings for stormwater management design
|
$50
| |
Transcripts
|
100% of actual cost
| |
Conceptual meeting with Board professionals
|
No charge
| |
Workshop with Board professionals
|
$700
| |
Certificate of nonconformity pursuant to N.J.S.A. 40:55D-68
| ||
Administrative application
|
$75
| |
Application to Zoning Board
|
$350
|
$1,000
|
Zoning Permits
| ||
Residential, new single-family dwelling or additions
to an existing dwelling
|
$50
|
$125 (engineering review and inspection)
|
Residential, new two-family or townhouse dwelling
|
$50/unit
|
$125/building (engineering review and inspection)
|
Residential, multifamily structures
|
$75/building
| |
Nonresidential, new buildings or additions to existing
buildings
|
$100
| |
Mixed-use structures, new buildings or additions
to an existing building
|
$100
| |
Accessory structures (e.g., detached garages, detached
decks, patios, pools, sheds, fences, etc.)
| ||
Signs
|
$25
| |
Freestanding signs
|
$75
| |
Building mounted signs
| ||
Continued zoning permit/certificate of compliance
|
$25
| |
Historic Preservation Commission
| ||
Certificate of appropriateness
|
$25
| |
Appeal from Historic Preservation Commission
| ||
Commercial property
|
$75
|
$1,000
|
Residential Property
|
$50
|
$200
|
(2)Â
Exemptions.
(a)Â
All charitable, philanthropic, fraternal and religious nonprofit
organizations holding a tax exempt status under the Federal Internal
Revenue Code [26 U.S.C. § 501(c) or (d)] are exempt from
the payment of application fees, as required above. This exemption
is specific only to the required application fees and shall not affect
the requirements of the balance of the development fees required,
including the obligation to post review escrow fees as provided herein.
(b)Â
A disabled person, or a parent or sibling of a disabled person,
shall be exempt from the payment of any application fee charged in
connection with any application for development which promotes accessibility
to his own living unit.
B.Â
Application of escrow fees.
(1)Â
The application and escrow fees set forth in Subsection A hereinabove are minimums which must accompany the application. Where an application for development includes several approval requests, the total sum of all individual required fees and escrows shall be paid. An application shall not proceed until the application fee and escrow required have been paid. The Board administrator or secretary shall exercise discretion in establishing the figure required for the escrow fund based on the scale and complexity of the development.
(2)Â
Application fees and escrow fees must be submitted in separate checks
payable to the Township of Hamilton. The escrow fee shall be forwarded
to the Chief Finance Officer for deposit into a developer's escrow
account. The application fees shall be deposited into the general
account of the Township.
(3)Â
Escrow funds shall be applied to professional costs charged to the
Township by professional consultants (engineers, solicitors, planners,
or any other consultants retained by the Planning Board, Zoning Board
of Adjustment or Township Committee) for services or review regarding
the development application. Additional escrow funds may be required
when the original amount is depleted by 50% and the development application
is still in progress. The additional funds shall be paid no later
than 20 days after the applicant/owner is advised by the appropriate
official that additional escrow funds are necessary.
(a)Â
In the event that the owner/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 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 its sole discretion, refuse to take any further action with
regard to the pending application or, in the alternative, may determine
that the application is not complete nunc pro tunc.
(b)Â
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 preliminary, final or other approvals shall
be suspended and, therefore, ineffective until such time as the additional
escrow funds are paid to the appropriate agency.
(c)Â
In the event an applicant disputes specific professional charges,
an appeal may be made pursuant to N.J.S.A. 40:55D-53.2a.
A.Â
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:
B.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.