Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 7-6-1998 by Ord. No. 98-11; amended in its entirety 10-4-1999 by Ord. No. 99-12]
[Amended 12-19-1999 by Ord. No. 99-16]
All applications for development to the Planning Board or the Planning Board acting as a Board of Adjustment shall be in such form and submitted to the respective Board in accordance with the rules prescribed by the Board and by this article.
[Amended 10-1-2007 by Ord. No. 2007-8]
Applications for development shall be accompanied by the payment to the Borough of an application fee, escrow deposit and, if appropriate, an inspection fee. The application fee and escrow deposit shall be paid separately according to the following schedule:
Application
Fee
Escrow
MINOR SUBDIVISION
$400
$500 per lot
Resubmission or amendment
$100
Concept review
$300
$300 to be credited
MAJOR SUBDIVISION
Preliminary
$600
$600 per lot
Final
$400
$400 per lot
Resubmission or amendment
$300
$400 per lot
Extension
$100
Concept review
$500
$500 to be credited
SITE PLAN
Preliminary
Residential
$600
$10 per unit; minimum $500
Nonresidential
$600
$0.10 per square feet improved; minimum $500
Final
Residential
$400
$10 per unit; minimum $300
Nonresidential
$400
$0.05 per square feet improved minimum $300
Resubmission or amendment
Residential
$300
$300 + $10 per unit
Nonresidential
$300
$300 + $0.10 per square feet improved
Waiver
$300
$200
Extension
$100
$300
Concept review
$200
$500 to be credited
CONDITIONAL USES
Residential
$300
$400
Nonresidential
$400
$800
INTERPRETATIONS
Residential
$200
$600
Nonresidential
$300
$600
APPEALS
Residential
$200
$500
Nonresidential
$400
$500
VARIANCES
Bulk
Residential
$250 per variance
$1,000
Nonresidential
$400 per variance
$1,000 per variance
Use
Residential
$300
$1,000
Nonresidential
$500
$1,500
SPECIAL MEETING OF BOARD
$500
ZONING PERMITS
Residential
Principal use
$50
Accessory use
$25
Commercial
Principal use
$100
Accessory use
$50
Temporary activity permit
$25
Residential conversion
$50
[Amended 12-29-1999 by Ord. No. 99-16]
The application fee as set forth hereinabove is a flat fee to cover direct administrative expenses, other than professional services, and is nonrefundable. The escrow amount as set forth hereinabove is established to cover the cost of professional services, including but not limited to engineering, professional planning, legal and other expenses connected with the review of the submitted materials, the related hearing process and followup thereto. The applicant shall execute an escrow agreement to authorize payment of said expenses. Sums not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of a resolution of memorialization by either the Planning Board or Planning Board acting as a Board of Adjustment disposing of the pending land development application. If additional funds are deemed necessary, the applicant shall be notified of the required additional amount and add such sum to the account as required by the Planning Board or Planning Board acting as a Board of Adjustment. Where applicable, no building permit or development certificate of occupancy shall be issued until all escrow charges have been paid. All escrow charges which are due and owing shall become a lien upon the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Borough. The Borough shall have the same remedies for the collection thereof with interest, costs, and penalties as it has by law for the collection of taxes upon real estate. All escrow fees shall be administered in accordance with the provisions of the Municipal Land Use Law, as amended from time to time.
Where one application for development included several approval requests, the sum of the individual required fees shall be paid.
Each applicant for subdivision or site plan approval shall agree, in writing, to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review and inspection must be paid before any approved plat, plan or deed is signed or any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.
[Amended 12-29-1999 by Ord. No. 99-16]
If either the Planning Board or the Planning Board acting as a Board of Adjustment determines that a land development application requires a traffic study, then, in accordance with the provisions of N.J.S.A. 40:55D-53.1 et seq., either the Planning Board or Planning Board acting as a Board of Adjustment shall notify the land development applicant that a traffic study is necessary for the proper review and analysis of said application. In lieu of having the applicant hire a traffic consultant to prepare said study, the applicant shall deposit with the Borough sufficient funds so as to allow the Borough to contract for professional engineering services in order to prepare the traffic study for the application. Once the study is completed, a copy shall be furnished to the applicant, as well as to the board of jurisdiction. The Chief Financial Officer of the Borough shall also, simultaneously with providing the applicant with a copy of the traffic study, prepare and send to the applicant a statement advising as to the cost of the study and the balance, if any, remaining in the applicant's land development escrow account which shall be utilized to pay for said study. If there are insufficient funds in said escrow account, the applicant, within reasonable time period, shall post an additional deposit to said account to cover the cost of said traffic study and such other consulting expenses as are authorized by the above-referenced provisions of Chapter 291, Laws of New Jersey, 1975, as amended from time to time.
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall arrange for the reporter's attendance.
Any request for a waiver or modification of an application fee shall be made to the appropriate board which may grant a waiver or modification upon a finding of economic hardship, governmental relationship or the interests of fairness and justice so require.
In addition to the fees provided for hereinabove, each applicant for development shall reimburse the Borough for all reasonable inspection fees required for the inspection of work to be performed by the applicant. Prior to the issuance of any developmental permits, the developer shall deposit with the Borough, for placement in a special trust fund account, a sum equal to 5% of the amount of the performance guaranty estimate of the cost of improvements to be built in the development to be applied to payment of inspection costs. If the inspection costs exceed such fund, the developer shall deposit with the Borough additional sums upon notice from the Borough Engineer. The inspection fee shall in no case be less than $100. If the 5% of the amount of performance guaranty estimate of costs of improvement in the opinion of the Borough exceeds the anticipated reasonable inspection fees, the Borough Engineer shall adjust the deposit provided for hereinabove to reflect the anticipated inspection fees. The Borough shall return any balance of the inspection deposit to the developer upon expiration of the maintenance bond, together with the paid invoices for all expenses charged.
Miscellaneous fees shall be as follows:
A. 
Copy of zoning ordinance: $40.
B. 
Copy of Master Plan: $25.
C. 
Subdivision approval certificate: $25.
D. 
Certified list of property owners: $0.25 per name or $10 whichever is greater.
[Amended 4-5-2010 by Ord. No. 2010-5]
E. 
Tape of meeting: $25.
[Added 10-1-2007 by Ord. No. 2007-8]
F. 
CD copy of meeting: $8.
[Added 10-1-2007 by Ord. No. 2007-8]