If any building or structure shall be erected, constructed,
extended or added to in violation of this chapter or any building,
structure or land used or maintained in violation of this chapter,
any person, firm or corporation so offending shall be subject to a
fine of not more than five hundred dollars ($500.00) for each day
such a violation shall continue, to be collected in the manner provided
by law.
A.Â
The fees set forth in this section are identified either as application
fees or escrow fees. The application fee is payable to the Borough
of Merchantville and is a flat fee to cover direct administrative
expenses and is nonrefundable. The escrow fee shall be placed in an
escrow fund with the Borough Treasurer. Said fund shall be used to
pay the fees of any professional personnel employed to process, review,
inspect and make recommendations on said application, together with
any costs or expense, such as preparation of a transcript of the concerned
hearing or hearings or a duplication of the respective tape recordings.
Application fees and escrow fees are to be made commensurate with
or prior to the filing of the application. In the event that the escrow
deposited by the applicant exceeds the actual costs incurred, the
balance of moneys on deposit with the Borough Treasurer shall be returned
to the applicant. If at any time it becomes evident that the escrow
fund is or will be insufficient to cover the expenses as set forth
above, said funds shall be increased as required by the Planning Board
or Zoning Board of Adjustment or Historic Preservation Commission
by notification to the applicant. The applicant shall submit a cashier's
check in the amount of such additional charges, payable to the Borough
of Merchantville, to the Zoning Officer who shall then notify the
appropriate board of the availability of such funds. All costs incurred
by the Planning Board or Zoning Board of Adjustment or Historic Preservation
Commission in obtaining engineering, stenographic, legal, planning
or other professional services relating to and arising out of the
application review shall be payable by the applicant and shall be
deducted from the applicant's deposit. Any unexpended funds remaining
in this deposit shall be returned to the applicant following disposition
of the application. Escrow deposits shall be administered in accordance
with the requirements of N.J.S.A. 40:55D-53.2. If the escrow account
is depleted or in arrears, no further action shall be taken on such
application until the applicant has satisfied its obligations to fund
the escrow account. In the event approval has been secured from either
the Planning Board or Zoning Board of Adjustment or Historic Preservation
Commission and it becomes apparent that the account will be insufficient
to cover all professional expenses, the account shall be funded to
cover such expenses, and in the event that the applicant is unwilling
or unable to meet its obligations hereunder, no further permits shall
be issued in connection with the development.
[Amended 10-13-2004 by Ord. No. 04-19]
B.Â
In the event an application involves more than one (1) application,
such as a variance and a site plan, the total fee to be paid shall
be the total of all the fees called for herein.
(1)Â
Fees enumerated. The appropriate fees and escrow requirements for an occupancy permit, variance, major site plan review, minor site plan review, fence review, Historic Preservation Commission review, certification of appropriateness, a certified list of property owners and/or a zoning permit as required under this chapter are set forth in Chapter 25, Fees, of the Code of the Borough of Merchantville.
[Added 4-8-2013 by Ord.
No. 13-05]
(2)Â
An application fee for a zoning permit for change of tenancy and/or use shall not be required if there are other fee payments to be submitted as required under the provisions of Subsections C(2) through C(6) of this section, or for which a fee is required under the provisions of the New Jersey Uniform Construction Code.
[Added 4-8-2013 by Ord.
No. 13-05]
C.Â
Fees enumerated.
[Ord. No. 13-06, adopted
4-8-13 established the fees in Borough Code Chapter 25]
(1)Â
Occupancy permit. An application fee shall be submitted with the
application for each occupancy permit, made payable to the Borough
of Merchantville. This fee shall also apply to an occupancy permit
for a change of tenancy, as defined herein.
(2)Â
Variance.
(a)Â
All applications made to the Merchantville Planning Board for
hearings and relief as specified in N.J.S.A. 40:55D-70(a) and (b)
shall be accompanied by a fee and the posting of an escrow fee.
[Amended 1-24-2005 by Ord. No. 05-01; 5-8-2006 by Ord. No. 06-04]
(b)Â
All applications made to the Merchantville Planning Board for
hearings and relief as specified in N.J.S.A. 40:55D-70(c) and (d)
shall be accompanied by a fee and the posting of an escrow fee.
[Amended by 5-8-2006 by Ord. No. 06-04]
(3)Â
Major Site Plan Review. There shall be a fee for each application
for preliminary or final approval of a major site plan. In addition,
an escrow fee shall accompany each application.
[Amended 5-8-2006 by Ord.
No. 06-04]
(4)Â
Minor Site Plan Review. There shall be a fee for each application
qualifying as a minor site plan. In addition, an escrow fee shall
accompany each application, but this escrow fee shall be waived for
change of use, a sign application and for exterior changes visible
from a public street, way or place.
[Amended 10-13-2004 by Ord. No. 04-19; 5-8-2006 by Ord. No. 06-04]
(5)Â
Fence. A fee shall be submitted with each application for a fence erected pursuant to Section 94-13. With respect to a fence to be erected which is not compliant with Section 94-13 of this chapter, a fee shall be submitted with each application, together with an escrow fee if required.
[Amended 11-22-2004 by Ord. No. 04-24; 1-24-2005 by Ord. No. 05-01]
(6)Â
Historic Preservation Commission Review. There shall be an application fee for each application for new construction, whether the application is for a Certificate of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. There shall be an application fee for each application for alterations, additions or for demolition, whether the application is for a Certification of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. There shall be an application fee for any other application for a Certificate of Appropriateness or for review of any other application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter.
There shall be an escrow fee for each application for demolition, whether the application is for a Certificate of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. These applications and escrow fees shall be in addition to the fees regularly charged by the Planning Board for any other approval required for the project.
[Amended 10-13-2004 by Ord. No. 04-19]
(7)Â
A fee shall be submitted with each request for a certified list of property owners secured from the Borough Clerk in accordance with the provisions of § 94-92 of this chapter.
(8)Â
Zoning permit. An application fee shall be submitted with the application for each zoning permit, made payable to the Borough of Merchantville. This application fee shall only be required if there are no other fee payments to be submitted as required under the provisions of Subsections C(2) through (6) of this section, or for which a fee is required under the provisions of the New Jersey Uniform Construction Code.
(9)Â
Satellite Dish Antenna. No satellite earth station antenna, inclusive of its mount, shall be built, erected or modified unless a construction permit is issued by the Construction Official. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he or she may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee equal and equivalent to the sum of six ($6.00) dollars per $1,000.00 of the value of the cost of said construction and installation of said satellite antenna commonly known as a "satellite dish." In no case shall the fee be less than fifty ($50.00) dollars for a satellite dish antenna to be erected pursuant to Section 94-9.
[Added 8-10-2009 by Ord.
No. 09-11]
