[Added 5-20-1986 by Ord. No. O:86-12]
As used in this chapter, the following terms
shall have the meanings indicated:
The Planning Board Secretary or Board of Adjustment[1] Secretary.
The board or municipal agency authorized to approve applications
for development, including the granting of variances.
On-site and off-site grading, paving, monumenting, drainage,
structures (except primary and accessory buildings are excludable),
storm sewers, sanitary sewers, water mains, fire protection features,
streets, parking areas, gutters, sidewalks, culverts, streetlighting,
shade trees, landscaping, street signs, sedimentation and erosion
control devices and public improvements of open space.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
There shall be a nonrefundable fee paid at the
time of filing of the application to the Town Planning Board or Board
of Adjustment[1] in accordance with the following schedule:
A.
For submission of a sketch plat or boundary line change
or merger of portions of adjoining properties where engineering review
by the Planning Board Engineer is required: $50.
B.
Site plan waiver and/or change of use request: $100.
C.
Minor subdivision: $100.
D.
Major subdivision, preliminary plat: $100, plus $20
per lot.
E.
Major subdivision, final plat: $100, plus $10 per
lot.
F.
Preliminary site plan: $175.
G.
Final site plan: $150.
H.
Appeals pursuant to N.J.S.A. 40:55D-70a: $100.
I.
Appeals pursuant to N.J.S.A. 40:55D-70b: $100.
J.
Appeals pursuant to N.J.S.A. 40:55D-70c: $100.
K.
Appeals pursuant to N.J.S.A. 40:55D-70d: $300.
L.
Special meeting: $450.
M.
Informal
review: $250.
[Added 7-1-2014 by Ord.
No. O:2014-17]
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
[Added 10-4-2005 by Ord. No. O:2005-35]
Applicants for a major subdivision may be required
to pay for any and all revisions required to the Tax Map as a result
of a major subdivision application being approved.
A.
In addition to the required nonrefundable application
fees established as part of this chapter, the applicant shall be required
to establish one or more escrow accounts with the Town of Phillipsburg,
to cover professional review and consultation fees and services associated
with the review and processing of the applicant's application. Said
escrow fees shall be required for all applications for approval of
preliminary and final site plans, preliminary and final subdivisions,
planned developments and variances of any type.
B.
At the time of submitting an application to the administrative
officer for site plan or subdivision review, before either the Board
of Adjustment[1] or Planning Board, the applicant shall be required to
make a deposit to the escrow account as hereinafter provided and execute
an escrow agreement. The escrow agreement shall be in a form approved
by the Planning Board Attorney or Attorney for the Board of Adjustment.
All fees and escrow deposits must be paid prior to certification by
the administrative officer that the application is complete. In the
event that the amounts required to be posted by this chapter are not
sufficient to cover the Town's professional charges associated with
this application, the Planning Board or the Board of Adjustment shall
request additional escrow funds.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
C.
Following approval of a major subdivision or site
plan and prior to commencement of construction, the applicant shall
be required to make a further deposit to the escrow account to provide
sufficient escrow to pay for anticipated inspection fees and any anticipated
additional professional review services.
D.
The municipal finance officer shall monthly advise
the administrative officer of the balance of all escrow accounts and
whether additional funds are required as provided for hereinafter.
In the event that additional funds are required, it shall be the obligation
of the administrative officer to notify the applicant of the amounts
required as additional escrow, and in the event that there is a refusal
or failure to make the payments required, the administrative officer
shall notify the approving authority. In the event that the additional
fees are not paid, the Planning Board, Board of Adjustment[2] or municipal professionals and consultants shall take
no further action on the application until such time as the additional
fees have been paid.
[2]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
A.
The following escrow amounts shall apply to subdivision
and site plan review:
(1)
For submission of a sketch plat or boundary line change
or merger of portions of adjoining properties where engineering review
by the Planning Board Engineer is required by the Board: $100.
(2)
Minor subdivision: $200.
(3)
Major subdivision preliminary plat: $500, plus $50
per lot.
(4)
Major subdivision final plat: $300, plus $25 per lot.
B.
The following escrow amounts shall apply to variance
applications which do not include or are associated with applications
for subdivision of land or site plan review:
The site plan escrow shall be based on a percentage
of the cost of the proposed improvements.
|
Total Cost of Improvements
|
Escrow
|
|---|---|
|
$0 to $3,000
|
20% of the total cost
|
|
$3,000 to $5,000
|
$600 plus 4% of the amount over $3,001
|
|
$5,001 to $25,000
|
$680 plus 3% of the amount over $5,001
|
|
$25,001 to $50,000
|
$1,500
|
|
$50,001 to $99,999
|
$1,700
|
|
$100,000 to $249,999
|
$1,900
|
|
$250,000 to $499,999
|
$2,100
|
|
$500,000 to $749,999
|
$2,800
|
|
$750,000 to $999,999
|
$3,300
|
|
$1,000,000 and over
|
$4,000
|
A.
All land use applications requiring construction and
final inspection of improvements shall provide an inspection escrow
as follows:
|
Total Cost of Improvements
|
Escrow
| |
|---|---|---|
|
Less than $4,000
|
8% of total cost
| |
|
$4,001 to $5,000
|
$320 plus 7% of excess over $4,001
| |
|
$5,001 to $10,000
|
$350 plus 5% of excess over $5,001
| |
|
$10,001 to $50,000
|
$640 plus 4% of excess over $10,001
| |
|
Over $50,000
|
$2,240 plus 2% of excess over $50,001
|
B.
The Planning Board or Board of Adjustment[1] or Municipal Engineer shall not review, act upon or consider
any plan until such time as the initial fees and escrows are paid
in full and the Planning Board Engineer shall not commence reviewing
the application until he is advised that the fees and escrows have
been paid.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
C.
The escrow associated with each application shall
be replenished whenever the original escrow is reduced by charges
against the account to 35% or less of the original amount. The administrative
officer of the Board shall notify the applicant of the requirement
to replenish the escrow and the applicant shall be requested to deposit
up to 35% of the original escrow account. No further consideration,
review, processing or inspection shall be performed by or on behalf
of the Board until the additional escrow has been paid.
A.
In the event that any applicant desires an account
of the expenses or fees paid by him for professional review, he shall
request such in a letter directed to the administrative officer. The
applicant shall be responsible for any costs incurred by the Planning
Board or the Board of Adjustment[1] in having its professional and administrative staff prepare
an accounting of the fees expended.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
B.
In the event that the applicant believes the fees
charged to be unreasonable, the Planning Board or Board of Adjustment[2] shall hear and decide at a public hearing whether such
fees are reasonable.
[2]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
A.
The Town Engineer, planning consultant or approving
agency attorney and any other professionals engaged by the Board as
experts in connection with the application shall submit vouchers for
all fees for examination, review or testimony, to the approving agency
for approval after which the bill shall be forwarded to the Town and
shall be paid in the ordinary manner.
B.
If any of the money deposited in the escrow account
is unexpended upon completion of the project and the satisfactory
completion of the maintenance period, if any, or phased section in
the case of a sectionalized application, said amount shall be returned
to the applicant or at the developer's request, applied to the next
phase.
An applicant for approval of an application
may request a special meeting. The Board shall schedule such special
meeting at a date and time convenient to the applicant, the Board
and the public. There shall be paid to the Town, prior to the meeting,
a special meeting escrow deposit of $750. If the applicant has in
escrow at the time of the request for a special meeting more than
$750 net of any vouchers presented or to be presented, then no additional
special meeting deposit shall be required. If the special meeting
is continued for additional hearings, or for additional review which
required further professional services to the Board, the applicant
shall, if the applicant's escrow is less than $750 at the time of
the next meeting, post with the Town an additional $750 for each of
said additional hearings.
