[Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 1985-6, 1994-5, 1995-6, 2001-10 and 2002-8.]
[Ord. #2009-1, § 1]
It has been deemed appropriate by the Township Committee of
the Township of Tabernacle to establish a schedule of application
fees and escrow fees with regard to applications coming before the
Tabernacle Township Land Development Board ("Board") for various approvals
in order to adequately reflect the costs and expenses to the Township
for the processing, administration and consideration of applications
for development.
[Ord. #2009-1, § 1]
At the time of submission of an application for development,
including informal review of concept plans pursuant to N.J.S.A. 40:55D-10.1,
subdivision, site plan (or site plan waiver) and variance applications,
conditional use approvals, appeals of actions by an administrative
officer, requests for interpretations of the zoning map or zoning
ordinances, or requests for certificates of nonconformity for pre-existing
structures or uses, the applicant shall pay an application fee or
fees as established in Schedule H,[1] which appears in Appendix "A" of the Township Code. In
addition, a deposit shall be paid to the Township Administrator to
be held in escrow for any professional services rendered with respect
to the aforementioned application for development. The initial escrow
fee or fees deposited shall be as established in Schedule H.[2] Every applicant shall execute an Escrow Agreement in the
form prepared by the Township Solicitor and promulgated by the Board
Secretary.
[Ord. #2009-1, § 1]
All escrows deposited by applicants shall be placed in an escrow
account established to pay the fees of any professional personnel
employed by the Board or the Township to process, review, inspect,
make recommendation and prepare documentation, prepare resolutions
or engage in any other professional activities with respect to the
proposed application for development. All charges against the escrow
account shall be at the same rate that the professional bills the
municipality in accord with that professional's executed professional
services agreement. No sum shall be disbursed from the escrow account
without receipt by the Township and approval by the Township Committee
of appropriate vouchers from the professional(s). In the event the
escrow account shall be insufficient to cover any actual or anticipated
expenses in regard to a specific application for development, the
applicant shall place such additional sums into escrow in such amounts
as the Board Secretary determines reasonable and necessary. Additional
deposits shall be paid within seven days of receipt by the applicant
of notification thereof by the Board or its agent in order for work
to continue on the application. Any balance remaining in an escrow
account after final action on the application in question shall be
returned to the applicant in accord with the closeout procedures set
forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Ord. #2009-1, § 1]
a.
Preliminary and Final Site Plan and Subdivision Applications. It
is not the intention of this Chapter to require separate escrow accounts
for preliminary and final site plan or subdivision submissions. Sums
remaining in an escrow account from a preliminary submission shall
be viewed as satisfying the escrow requirements for final submission
if the sums are sufficient to meet the requirements for final applications
set forth in Schedule H.[1]
[1]
Editor's Note: Schedule H, referred to herein may be
found in Appendix A, Fee Schedule.
b.
Site Plan Waiver; Minor Site Plan or Subdivision. If an applicant
requests a site plan waiver which is not granted, and the applicant
elects to go forward with a site plan application, any application
fee actually paid shall be applied to that site plan application.
If an applicant characterizes an application as a minor site plan
or subdivision, and the development is found by the Board or its designee
to be a major site plan or subdivision, any application fee actually
paid shall be applied to that major site plan or subdivision application.
c.
Informal Review Pursuant to N.J.S.A. 40:55D-10.1. If a developer
requests an informal review of a concept plan for development of a
subdivision or a site plan, the developer shall pay an application
fee as established in Schedule H and deposit into escrow the amount
as established in Schedule H,[2] to pay for the cost of professional review and for professional services rendered with respect to the application. The amount of any fees paid shall be a credit toward fees for review of a subsequently filed formal application for development, and any unused portion of the escrow shall be credited toward the required escrow amount for the application. If no subsequent application is filed, escrows shall be subject to the closeout provisions of Section 15-3 of this Chapter.
[2]
Editor's Note: Schedule H, referred to herein may be
found in Appendix A, Fee Schedule.
d.
Professional Inspections of Improvements. Whenever posting of inspection
escrows are called for in an approval resolution, such escrows, in
amounts determined in accord with N.J.S.A .40:55D-53, shall be posted
prior to the commencement of any sitework.
e.
Resource Extraction. When an application involves a resource extraction
operation, the applicant shall deposit with the Township Administrator
additional escrows in accord with Schedule H[3] to cover the cost of professional inspections of the resource
extraction work to be performed on site.
[3]
Editor's Note: Schedule H, referred to herein may be
found in Appendix A, Fee Schedule.
f.
Two or More Types of Relief. In the event that an application includes
a request for more than one type of relief, the application and escrow
fees applicable to each type of relief shall be separately charged
and collected and separate application forms shall be submitted.
g.
Tax Map Maintenance Fee. In addition to the above fees, the applicant
at the time of any final approval which changes the lot lines as shown
on the existing tax map of the municipality, shall pay to the municipality
a tax map adjustment fee as established in Schedule H[4] per lot for any lot where lot lines are to be changed,
to defray the cost of maintaining and modifying the Township's
tax maps.
[4]
Editor's Note: Schedule H, referred to herein may be
found in Appendix A, Fee Schedule.
[Ord. #2009-1, § 1]
When an applicant files a request for rezoning, the application
shall be accompanied by an application fee and escrow deposit in the
amounts established in Schedule H.[1] The rezoning request shall describe the current zoning;
the requested zoning; the changes that are necessary to the municipality's
Master Plan; a narrative statement supporting the change to the Master
Plan and the rezoning request; a recitation of other properties that
should be similarly rezoned as is the property in question, to avoid
spot zoning; a statement of changes that have taken place in the municipality
since the last revision or review of the Master Plan that would support
the change to the Master Plan and the rezoning request; impact studies
such as traffic, environmental, fiscal, such as are pertinent and
necessary for the municipality's review and decision of the rezoning
request.
[1]
Editor's Note: Schedule H, referred to herein may be
found in Appendix A, Fee Schedule.
[Ord. #2009-1, § 1]
Any administrative violation of this Chapter including nonpayment
of fees, escrows, inspection fees or other costs, may be enforced
by the Administrative Officer of the Township by instituting a proceeding
in the Municipal Court of the Township alleging a violation of this
Chapter. The Administrative Officer may also bring civil actions for
reimbursement of fees for professional reviews and inspections in
accord with executed escrow agreements.
