Township of Livingston, NJ Article VII Fees

§ 170-51 Fees payable prior to approval.

[Amended by Ord. No. 12-1987]

All fees as hereinafter required shall be payable to the administrative officer at the time of filing any application for development; provided, however, that fees required for matters relating to the Township Council shall be payable to the Township Clerk. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter and no approvals shall be given by the approving authority until proof has been submitted to it that the requisite fees have, in fact, been paid to the administrative officer. 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 his application.

§ 170-52 Schedule of fees and deposits.

[Amended by Ord. No. 27-1989; Ord. No. 7-1992; Ord. No. 6-1995]

There is hereby established in connection with the various applications for development and other matters which are the subject of this chapter the following schedule of fees. Every applicant for development shall file with his application a filing fee as indicated in the following schedule under "Filing Fees" in addition to technical review fees as indicated in the following schedule under "Technical Review Fees." All filing fees submitted to the administrative officer as herein required shall be nonrefundable.

A. Filing fees. An application to the Planning Board or Zoning Board of Adjustment for any application for development shall be accompanied by a filing fee which shall be used to defray the administrative costs of processing the application as follows:

[Amended 4-18-2005 by Ord. No. 10-2005]

(1) Subdivisions.

(a) Concept plan of a minor subdivision: $50, which shall be a credit toward fees required to be filed for technical review escrow deposits hereinafter set forth in this article.

(b) Concept plan of a major subdivision: $50 for each lot within the subdivision, with a minimum fee of $500, which shall be a credit toward fees required to be filed for technical review escrow deposits hereinafter set forth in this article.

(c) Minor subdivisions or resubdivisions: $300, plus $50 for each lot within the subdivision.

(d) Preliminary plat of a major subdivision: $1,000, plus $100 for each lot within the subdivision.

(e) Final plat of a major subdivision: $500, plus $50 for each lot approved within the subdivision.

(f) Amendments to approved plats: 50% of original application fee.

(g) Lot line adjustment: $300.

[Added 6-7-2010 by Ord. No. 23-2010]

(2) Site plans.

(a) Concept plan which would require a zone change: $5,000.

(b) All other concept site plans: $500.

(c) Preliminary site plan: $2,000, plus $200 per housing unit (residential); $2,000, plus $200 for the first 10 acres (or portion thereof), any additional acreage: $50 per acre of lot area or fraction thereof, plus $100 per 1,000 square feet of building area (or portion thereof) (nonresidential).

[Amended 7-9-2007 by Ord. No. 24-2007]

(d) (Reserved)[1]

[1] Editor’s Note: Former Subsection A(2)(d), providing fees for site plans involving residential development, was repealed 6-7-2010 by Ord. No. 23-2010.

(e) Final site plan: 75% of the fee required for preliminary site plan as set forth in Subsection A(2)(c) above.

(f) Amendments to approved site plans: 50% of original application fee.

[Added 3-19-2007 by Ord. No. 3-2007]

(g) Minor site plan: $500.

[Added 3-19-2007 by Ord. No. 3-2007]

(3) Variances and appeals.

(a) Administrative appeals. Hear and decide administrative appeals pursuant to N.J.S.A. 40:55D-70a: $200.

(b) Interpretation of zoning regulations. Hear and decide interpretations of zoning regulations pursuant to N.J.S.A. 40:55D-70b: $200.

(c) Bulk variances. Hear and decide any application filed pursuant to N.J.S.A. 40:55D-70c: $200 for each single-family residential property; $500 for first variance for all other applications and $250 for each additional variance.

(d) Use variances. Hear and decide any application for a use variance filed pursuant to N.J.S.A. 40:55D-70d: $500 for a single-family residential project and $1,000 for all others.

(e) Any site plan processed by the Planning Board requiring variances and any use variance processed by the Board of Adjustment requiring site plan approval shall pay a filing fee that equals the collective fees listed above for site plan and variances.

(4) Conditional uses: $300.

(5) Livingston Center Redevelopment Plan deviation or interpretation: first request $200 and each additional request $100.

[Added 5-5-2008 by Ord. No. 9-2008]

(6) Application for certificate of nonconformity: $300.

[Added 11-2-2009 by Ord. No. 33-2009]

B. Technical review escrow deposits. In addition to the filing fees or any other fees required in this article, an applicant may be required to file with the administrative officer an escrow deposit fee of adequate funds to cover the costs incurred for the technical review of the application by a professional other than the Township Planning Director and Township Engineer, such as the Township Planning Consultant, Planning Board Attorney or any other professional consultant, if the Board determines that such technical review services are necessary for proper consideration of the application. The administrative officer shall place all such deposits in an escrow account in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to above. Technical review 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 administrative officer, which schedule shall be maintained in the office of the Township Clerk for public inspection. If such technical review services are determined to be necessary, the applicant shall pay to the Township an initial deposit for technical review fees in accordance with the following schedule:

[Amended 4-18-2005 by Ord. No. 10-2005]

(1) Subdivisions.

(a) Concept plan: $1,000 for each lot within the subdivision.

(b) Minor subdivision or resubdivision: $1,000.

(c) Preliminary plat of a major subdivision: $2,000, plus $200 for each lot within the proposed subdivision.

(d) Final plat of a major subdivision: $1,000.

(e) Lot line adjustment: $500.

[Added 6-7-2010 by Ord. No. 23-2010]

(2) Site plans.

(a) Concept plan: $1,000.

(b) Preliminary site plan: $2,000, plus $200 per housing unit (residential); $2,000, plus $200 per lot acre (or portion thereof up to 10 acres), plus $50 per lot acre (or portion thereof above 10 acres), plus $100 per 1,000 square feet of building area (or portion thereof) (nonresidential).

[Amended 6-7-2010 by Ord. No. 23-2010]

(c) Final site plan: 75% of preliminary site plan escrow deposit.

(d) If an applicant submits a preliminary and final site plan to be processed simultaneously, the applicant must file the appropriate fees as set forth in Subsection B(2)(b) and (c) of this section.

(e) Minor site plan: $1,500.

[Added 3-19-2007 by Ord. No. 3-2007; amended 6-7-2010 by Ord. No. 23-2010]

(3) Conditional use.

[Amended 6-7-2010 by Ord. No. 23-2010]

(a) A conditional use application: $1,000.

(4) Variances and appeals.

[Amended 6-7-2010 by Ord. No. 23-2010]

(a) Applications pursuant to N.J.S.A. 40:55D-70(a), (b) and (c): $1,000 (nonresidential only).

(b) Use variance application pursuant to N.J.S.A. 40:55D-70d: $1,500 (residential); $2,500 (nonresidential).

(5) Livingston Center Redevelopment Plan.

[Added 5-5-2008 by Ord. No. 9-2008]

(a) Deviation or interpretation: $150.

(6) Nonconforming use: $500

[Added 11-2-2009 by Ord. No. 33-2009]

C. Administration of technical review deposit fees.

(1) Each technical review escrow deposit shall be held by the Township in a trust account separate from the general funds of the Township.

(2) In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are necessary to cover the cost of processing said application, the applicant shall deposit additional funds as determined by the Board which will be required to complete the application process; provided, however, that said additional funds shall not be less than 50% of the initial escrow deposit amount. In order to expedite the processing of applications by the Township agency, the administrative 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.

(3) The Township agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.

(4) All vouchers submitted to a Township agency by the Planning Consultant, Board Attorney or other professionals containing charges to be applied to an escrow account authorized and established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been made, the hours spent, the hourly rate and the expenses incurred.

(5) Unit charges (i.e., per diem or hourly fees, inspection or expert testimony charges) levied by the Planning Consultant, Board 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 professionals.

(6) Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for technical review deposits pursuant to this article, 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 Chapter 316 of the Laws of 1985 (N.J.S.A. 40:14B-20.1.).

(7) Any of the funds remaining in the escrow account upon completion of the application procedure, as well as any interest he may be entitled to pursuant to Chapter 316 of the Laws of 1985 (N.J.S.A. 40:14B.20.1), shall be returned to the applicant, and the account shall be terminated.

(8) The developer shall be provided with a written final accounting on the uses to which the deposit was put. Thereafter, the developer shall, upon written request, be provided with copies of the vouchers.

D. Governing body decision. A copy of the decision of the governing body to an interested party in connection with an appeal pursuant to Section 16-53 this chapter: $10.

E. Publication of decision. Publication in a newspaper of general circulation of a decision of the Township Council on an appeal as set forth in Section 16-55 of this chapter: the cost of publication.

F. Certification of subdivision approval. Certificate of subdivision approval pursuant to N.J.S.A. 40:55D-56: fees as set forth in N.J.S.A. 54:5-14 and 54:5-15.

G. Certification of deed description. Certification of a deed description pursuant to N.J.S.A. 40:55D-47: $25.

H. Certificate of occupancy. Certificates of occupancy: as specified by the Uniform Construction Code in § 110-7F of the Code of the Township of Livingston.

I. Signs: as specified by the Uniform Construction Code in § 110-7E of the Code of the Township of Livingston.

J. Zoning review fees.

[Amended 3-23-2009 by Ord. No. 10-2009]

(1) Sheds and fences: $75.

(2) Zoning review fee for including but not limited to new homes, additions, pools, sports/tennis courts and decks: $120.

(3) Other: $140.

[Added 2-22-2016 by Ord. No. 9-2016]

(4) Zoning permit: $140.

[Added 2-22-2016 by Ord. No. 9-2016]

(5) Zoning confirmation letters: $75.

[Added 2-22-2016 by Ord. No. 9-2016]

(6) Re-review fee of $140 for every time an application must be reviewed starting with the third re-review and every re-review thereafter.

[Added 3-13-2019 by Ord. No. 4-2019]

K. Transcripts. Copies, duplicates or transcript of record of proceedings furnished to an interested party pursuant to P.L. 1975, c. 291, Section 6f (N.J.S.A. 40:55D-10f): $0.40 for each folio of original and $0.10 for each of the copies or the maximum permitted by N.J.S.A. 2A:11-15,[2] whichever is the greater.

[2] Editor's Note: N.J.S.A. 2A 11-15 was repealed by L. 1991, c. 119.

L. Appeals to the governing body. Any appeal to the governing body shall be accompanied by a fee of $30. The applicant shall furnish 11 copies of the transcript of the hearing record before the approving authority.

M. Inspection fees for required improvements. Applicants, as indicated below, upon approval from the Livingston Planning Board or Livingston Zoning Board of Adjustment, shall be required to reimburse the Township for the cost of inspections by the Township Engineer and any experts and consultants retained by the Township at the hourly rates determined by the Township from time to time and pursuant to N.J.S.A. 40:55D-53.2. The applicant will be required to deposit with the Township an escrow to be used against the cost incurred in performing inspections. After a final determination has been made as to the application, any unused escrow amounts will be returned to the applicant pursuant to N.J.S.A. 40:55D-53.1, with an itemization of all charges withdrawn from the escrow.

[Amended 6-7-2010 by Ord. No. 23-2010]

(1) The escrow will be the greater of $500 or 5% of the cost of installing the improvements.

N. Construction permits. Construction permits shall be specified by the Uniform Construction Code in § 110-7A of the Code of the Township of Livingston.

[Amended 3-15-2010 by Ord. No. 9-2010; 6-7-2010 by Ord. No. 23-2010; 12-7-2020 by Ord. No. 20-2020]

O. Township projects exempted. Notwithstanding anything herein to the contrary, land use and development by the Township of Livingston is not subject to requirements relating to fees and posting of bonds otherwise required hereunder.

P. List of property owners. List of property owners from current tax duplicate pursuant to P.L. 1975, c. 291, Section 7.1e (N.J.S.A. 40:55D-12c): $0.25 per name or $10, whichever is greater.

Q. Planning Board decision. A copy of the decision of the Planning Board on any application for development pursuant to N.J.S.A. 40:55D-10h: $1 per sheet.

R. Special meeting fee.

[Added 1-28-2008 by Ord. No. 2-2008]

(1) Once a request for a special meeting is granted by either the Planning Board or the Zoning Board of Adjustment, the applicant shall pay a flat fee of $2,000 for the special meeting.

(2) This fee must be paid no later than 48 hours before the hearing date.

(3) This fee is nonrefundable.

(4) Escrow funding will continue to be stipulated in accordance with § 170-52 of this chapter.

S. Address change filing fee: $125.

[Added 3-1-2010 by Ord. No. 4-2010]

T. Flat fees for extending the resolution of approval: $250.

[Added 2-22-2016 by Ord. No. 8-2016]