[Ord. No. 989 § 1; Ord. No. 1410 § I; Ord. No. 1504 (2010) § XX; Ord. No. 1598-2016 § 2]
Every developer shall, at the time of application, prior to any scheduled public hearing or filing for final approval, pay a nonrefundable application fee and an escrow fee to the City by cash, certified check, or bank draft in accordance with the fee schedule provided below in this section. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fees for each element.
[Ord. No. 989 § 2; Ord. No. 1598-2016 § 3]
All applications and escrow fees pursuant to the schedule listed above shall be submitted at the time of application. This money is intended to cover all necessary and reasonable costs incurred by the City for the Planning Board or Zoning Board of Adjustment to review and make recommendations on applications. These costs include but are not limited to professional fees and/or the cost of technical staff, and advertising, postage and copying expenses. The professional and technical staff includes, but is not limited to the following: Board Attorneys, Board Engineer, City review staff, and other professionals as may be required on particular applications, along with other applicable technical staff: The fee for the services of the technical and professional staff shall be determined by resolution of the Planning Board, Zoning Board of Adjustment, or City as appropriate.
[Ord. No. 989 § 3]
The amount specified for escrow deposits are estimates, and additional escrow fees may be necessary in particular applications. If more than the amount specified for escrow is required to pay the reasonable costs incurred, the applicant shall, prior to being permitted to move forward in the approval procedure, or prior to obtaining certificates of occupancy for any portion of the application project, pay all additional required sums.
[Ord. No. 989 § 4]
Escrow fees shall be controlled by the City Treasurer. In the event that the escrow deposit is more than required to pay necessary and reasonable costs of the technical and professional staff, the excess funds shall be returned to the applicant within 60 days of the publication of the resolution approving or denying the application.
[Ord. No. 989 § 5]
Whenever an escrow amount is required in excess of $5,000, it shall be deposited by the applicant with the City for the purposes above set forth, and the money, until repaid or applied to the purposes for which it was deposited (including the applicant's portion of the interest earned thereon), except as otherwise herein provided, shall continue to be the property of the applicant and shall be held in trust by the City. Money deposited shall be held in escrow. The City shall deposit such monies in a banking institution or savings or loan association in the State of New Jersey insured by an agency of the Federal government, or in any other fund or depository approved for such deposits approved by the State of New Jersey, in an interest bearing account at the minimum rate currently paid by the institution or depository on time or savings deposits. The City shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The City shall not be required to refund an amount of interest paid on a deposit which does not exceed $100. If the total amount of interest exceeds $100 per year, the entire amount shall belong to the applicant and shall be refunded to him/her by the City annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, except that the City may retain, for administrative purposes, a sum equal to 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses.
Whenever an escrow amount is required in the amount of $5,000 or less, the escrow sum shall be deposited by the City in an interest-bearing account. The developer shall be entitled to the annual interest accruing on the account less an administrative handling fee payable to the City as follows:
Alternatively, the developer may sign a written interest waiver, in which case the city shall retain, as its administrative handling fee, all interest accruing on the account.
[Ord. No. 989 § 6]
When any development proposal given preliminary approval by the Planning Board requires the review of a master deed, a certificate of incorporation and by-laws of any Homeowners Association, the form of unit deed to be utilized and all relevant documents required by the condominium law or other applicable law and regulations and easements and dedications, the applicant shall pay a fee at the current rate per hour for the Board Attorney for such review prior to any scheduled public hearing or the applicant filing for final approval.
[Ord. No. 989 § 7; Ord. No. 1571 (2014) § 1]
When any development proposal approved by the Planning Board or Zoning Board includes the construction of site improvements, the developer, owner or applicant shall pay to the City, prior to the issuance of any development permit or the start of construction, an inspection escrow fee equal to 5% of the estimated cost of the site improvement to be deposited in a construction inspection escrow account. The estimate shall be approved by the Municipal Engineer. City inspection costs will be paid from escrow funds. Certificates of Occupancy or acceptance of improvements shall not be issued until the Municipal Engineer certifies in writing to the correctness and accuracy of all site improvements.
[Ord. No. 989 § 8; Ord. No. 1571 (2013) § 2]
With respect to major and/or minor subdivision and/or site plan, the inspection fees required by subsection 28-2.2 shall be paid prior to the issuance of a development permit. The fees shall be paid for the lots in the section or sections for which final approval has been granted. In the event the developer proposes to install improvements prior to final approval and has received proper preliminary approval, the fees shall be paid for the improvements sought to be installed. The inspection fee shall be equal to 5% of the Engineer's proposed construction estimates for the improvements, to be deposited in a construction inspection escrow account.
[Ord. No. 989 § 9]
Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:
Where changes in the plat are requested by the Planning Board or Board Engineer, no fees need be paid and only a sufficient number of copies of the plat incorporating the changes as may be necessary for distribution, need be submitted.
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an escrow fee of $100 will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
The following shall be considered new applicants and shall require the full payment of fees as set forth in this chapter for new applications for development:
Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board or Board of Adjustment approval, which involved a significant change in design of the site or subdivision.
Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Planning Board.
Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.
[Ord. No. 989 § 10]
The fee for any request for reapproval or extension of time shall be $200.
[Ord. No. 989 § 11]
Additionally, if the Planning Board or Zoning Board of Adjustment creates as a condition of any approval, a requirement that ongoing inspections are necessary by the City to ensure compliance as a condition of approval by the applicant, then it shall be the obligation of the applicant to bear the cost of the inspection fees by placing a sum designated by the Planning Board, Zoning Board of Adjustment, or the City, as appropriate, in an escrow fund. Fees will be based on length of time involved, number of inspections required and the cost of the inspection to the City. When all inspections have been completed to the satisfaction of the Planning Board, Zoning Board of Adjustment or City as appropriate, any excess escrow fund shall be returned to the applicant within 60 days of the last inspection.
[Ord. No. 989 § 12]
When applications for preliminary and final approval are made simultaneously, the Planning Board or Zoning Board of Adjustment shall have the right to waive the payment of additional deposits.
[Ord. No. 989 § 13]
No application for development shall be considered by the Planning Board or Zoning Board of Adjustment without the prior deposit of sufficient escrow funds as herein described, and proof by the applicant or payment of all outstanding property taxes on the parcel(s) in question.
[Ord. No. 989 § 14]
Each applicant for review or approval shall agree in writing at the time of application and on a form prescribed by the City to pay all reasonable costs for the Board's engineer, legal utility reviews and other expenses connected with the review of materials submitted or otherwise reasonably connected to the application in question and for any inspections of the improvements as may be required. Such costs must be paid in full before any construction permit is issued.
[Ord. No. 989 § 15]
If an applicant desires a certified Court reporter, the cost of taking testimony and transcribing it, including provisions of a copy of the transcript to the City, shall be at the expense of the applicant, who shall also have the sole responsibility to arrange for the Court reporter's attendance.
[Ord. No. 989 § 16]
Interested parties requesting copies of tape recordings of proceedings, listings of property owners, or other special services shall pay all costs plus a clerical fee of $10 per hour. Minimum fee shall be $10 per request.
[Ord. No. 989 § 17]
Any violation of this chapter or the failure to file or post the escrow funds required shall provide the appropriate Board with the discretion to consider the application incomplete and therefore not filed in accord with this chapter.
[Ord. No. 1472 (2010) § I]
Prior to final approval, an applicant for minor or major subdivision and/or minor or major site plan, including but not limited to any application that creates moves or changes any lot line or lines, shall pay a tax map maintenance fee of $100 to the City of Sea Isle City for each newly described lot and/or each new lot created.