Township of Eagleswood, NJ Article IX Fees and Penalties

[Added 3-16-1977 by Ord. No. 5-77; amended 5-8-1990 by Ord. No. 8-90]

§ 285-36 Violations and penalties. [1]

A. General. If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required, the person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

B. Specific relief. In addition to the foregoing, the Township may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.

C. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years, if unrecorded, as set forth in N.J.S.A. 40:55D-55.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 285-37 Fees.

[Added 5-8-1990 by Ord. No. 8-90]

A. Application fee required to be deposited. The developer, at the time of filing an application, shall deposit with the Township, in cash or check payable to the "Township of Eagleswood," an amount as determined in this section and as set forth in Chapter 135, Fees. Applications for subdivision approval requiring a combination of approvals, such as subdivision and variance, shall pay a fee equal to the sum of the fees for each required approval.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Escrow funds required to be deposited. In addition to the payment of the required application fee (which shall be charged to cover general Township administrative costs), as set forth herein, development applications shall be accompanied by a deposit of escrow funds in accordance with provisions established in § 295-39B in the zoning chapter.

C. Informal hearing of a minor subdivision (nonresidential and/or residential).

(1) Application fee plus a sum per lot, as set forth in Chapter 135, Fees.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Fifty percent of the application fee required in Subsection C(1) above shall be credited toward the required minor subdivision application fee if a minor subdivision application is filed with Eagleswood Township within six months of the date of the informal minor subdivision application hearing.

(3) In addition to the payment of the required application fee, applications shall be accompanied by a deposit of escrow funds in the amount of $250 to cover municipal costs for professional and nonprofessional services incurred during the review process.

[Amended 10-24-2005 by Ord. No. 2005-23]

D. Minor subdivision.

(1) Application fee as set forth in Chapter 135, Fees, plus a sum per lot, plus (if necessary) any fee for variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Escrow amounts.

(a) Nonresidential minor subdivision:

	Number of Lots	Escrow Amount
	1 to 4 lots	$1,000

(b) Residential minor subdivision:

	Number of Lots	Escrow Amount
	1 to 4 lots	$1,000

E. Informal major subdivision hearing and/or sketch major subdivision plan (nonresidential and/or residential).

(1) Application fee plus a sum per lot, as set forth in Chapter 135, Fees.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Fifty percent of the application fee required in Subsection E(1) above shall be credited toward the required preliminary major subdivision application fee if a preliminary major subdivision application is filed with Eagleswood Township within six months of the date of the informal major subdivision hearing or sketch major subdivision application hearing.

(3) In addition to the payment of the required application fee, applications shall be accompanied by a deposit of escrow funds in the amount of $500 to cover municipal costs for professional and nonprofessional services incurred during the review process.

[Amended 10-24-2005 by Ord. No. 2005-23]

F. Preliminary major subdivision plat.

(1) Application fee as set forth in Chapter 135, Fees, plus a sum per lot, plus (if necessary) any fee for variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).

[Amended 1-26-2011 by Ord. No. 2011-01[5]]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Escrow amounts.

(a) Nonresidential preliminary major subdivision plat:

[Amended 2-23-2004 by Ord. No. 04-4]

	Number of Lots	Escrow Amount
	1 to 4 lots	$2,000
	5 to 9 lots	$4,000
	10 to 24 lots	$6,000
	25 to 49 lots	$10,000
	50 lots or more	$20,000

(b) Residential preliminary major subdivision plat:

[Amended 2-23-2004 by Ord. No. 04-4]

	Number of Lots	Escrow Amount
	1 to 4 lots	$2,000
	5 to 9 lots	$4,000
	10 to 24 lots	$6,000
	25 to 49 lots	$10,000
	50 lots or more	$20,000

(c) Any preliminary major subdivision application involving both of the above escrow categories shall deposit cumulative escrow amounts.

G. Final major subdivision plat.

(1) Application fee plus a sum per lot, as set forth in Chapter 135, Fees.

[Amended 1-26-2011 by Ord. No. 2011-01[6]]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Escrow amounts.

(a) Nonresidential final major subdivision plat escrow fees shall be the same as the escrow fees paid for a nonresidential preliminary major subdivision plat.

[Amended 2-23-2004 by Ord. No. 04-4]

(b) Residential final major subdivision plat escrow fees shall be the same as the escrow fees paid for a residential preliminary major subdivision plat.

[Amended 2-23-2004 by Ord. No. 04-4]

(c) Any final major subdivision application involving both of the above escrow categories shall deposit cumulative escrow amounts.

(d) Any application filed for simultaneous preliminary and final major subdivision approval shall deposit an escrow amount based on the total of the respective escrow category for both a preliminary major subdivision application and a final major subdivision application.

H. Revised minor, preliminary and/or final subdivisions. Any proposed revisions to a minor subdivision or preliminary and/or final major subdivision, including all supporting maps and documents previously approved by the Land Use Board, which approval is still in effect, shall require submission of a revised plat and payment of application fees in accordance with the following:

(1) Where there are changes in the plat proposed by the applicant or required by another governmental agency whose approval was a condition of the Land Use Board approval, which changes involve a significant change in the design of the subdivision, an application fee equal to 1/2 the application fee required for the initial submission shall be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

(2) Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Land Use Board, it shall be considered a new application and shall require the full payment of application fees and escrow funds as set forth in this subsection for new applications for development.

I. Requests for extensions to post-performance guarantee: fee as set forth in Chapter 135, Fees, per extension.

[Amended 1-26-2011 by Ord. No. 2011-01[7]]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

J. Requests for extensions of major subdivision approval: fee as set forth in Chapter 135, Fees, per extension.

[Amended 1-26-2011 by Ord. No. 2011-01[8]]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

K. Zoning permit: fee as set forth in Chapter 135, Fees, per permit.[9]

[9] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

L. Special meeting fees. Fees for special meetings shall be in accordance with those established in § 295-39Q in the zoning chapter.

M. Subdivision inspection fees. The required subdivision inspection fees shall be paid to the Land Use Board Secretary prior to the commencement of any clearing, grading or the construction or installation of any other improvements. Such fees shall be based on the cost of improvements as set forth in the bond estimate approved by the Township Engineer and in accordance with the inspection fee schedule established in § 295-39R in the zoning chapter.

N. Tax Map revision fees.

(1) Upon receipt of subdivision approval, the applicant shall be required to post with the Township Clerk an amount equal to the estimated cost of revising the Municipal Tax Map to reflect such approval. Such costs shall be based upon an estimate prepared by the Township Engineer. No construction permit shall be issued in connection with such subdivision approval unless such cost shall have been posted with the Township Clerk in accordance with this subsection. The amount posted by the applicant shall be placed by the Township in an escrow account, and that portion of the estimated cost which remains unused after the Tax Map has been revised shall be refunded to the applicant. As to every subdivision approved, it shall be the responsibility of the applicant to provide a reduced scale map of the subdivision to the same scale as the Township Tax Map.

(2) Any person or entity seeking to file a deed of consolidation necessitating a revision to the Eagleswood Township Tax Map shall deposit with the Eagleswood Township Municipal Clerk an escrow fee in the amount of $500, which funds are to be used by the Township Engineer in effectuating the change to the Tax Map based upon the deed of consolidation. The Tax Assessor will not designate the property with a new lot and block until such time as the escrow fee has been paid and acknowledged by the Municipal Clerk.

[Added 9-24-2014 by Ord. No. 2014-06]

O. Subdivision inspection fees. The required subdivision inspection fees shall be paid to the Land Use Board Secretary prior to the commencement of any construction related to the subdivision improvements. Such fees shall be based upon the cost of improvements as set forth in the bond estimate approved by the Township Engineer, in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements.

[Added 7-18-1996 by Ord. No. 96-13]

P. Environmental Commission review. Any application which the Land Use Board determines to provide to the Environmental Commission for its review shall require an additional application fee as set forth in Chapter 135, Fees.

[Added 3-28-2005 by Ord. No. 2005-3; amended 1-26-2011 by Ord. No. 2011-01[10]]

[10] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Q. Educational fees.

[Added 11-27-2006 by Ord. No. 2006-19; amended 1-26-2011 by Ord. No. 2011-01]

(1) All applicants submitting an application to the Land Use Board for review shall pay a fee as set forth in Chapter 135, Fees, to defray the cost of tuition for those persons required to take the course in Land Use Law and Planning, as required pursuant to P.L. 2005, c. 133,[11] unless exempted pursuant to Subsection Q(2) below.[12]

[11] Editor's Note: See N.J.S.A. 40:55D-23.3.

[12] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Exemptions to education fees.

(a) Board of Education.

(b) Charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [(26 U.S.C. § 501(c) or (d)].