[HISTORY: Adopted by the Township Committee
of the Township of Hampton: Art. I, 2-27-1978. Amendments noted where
applicable.]
[Adopted 2-27-1978]
Fees shall be as follows:
A.
Lot line removals to increase the size of lot: The
applicant shall pay the cost of the Township Engineer's report for
upgrade which is deemed necessary for lot description, proper rights-of-way
and required review by the Planning Board.
[Amended 4-24-1979]
B.
Three hundred dollars upon the filing of an application
and, in addition thereto, the sum of $50 per lot created by the proposed
subdivision.
[Amended 8-26-1986; 6-28-1994]
C.
Each resubmission or resubdivision for a minor subdivision:
an application fee of $50.
[Amended 8-26-1986]
D.
Five hundred dollars in addition to the filing fees
for review services, the unused portion to be refunded. This amount
is to be submitted by separate check to be held in escrow. If the
cost of review services exceeds the deposit, additional funds shall
be deposited before approval.
[Added 10-31-1978; amended 6-28-1994]
A.
Informal reviews.
[Amended 11-28-1978]
(1)
The applicant may, by written request of the Board
Clerk, obtain an informal review of a major subdivision tentative
plat. No fee or charge shall be made to the developer in connection
with any such informal review by the reviewing Township Board. However,
if the developer requests a review of the same by the Township Engineer
or other township professionals, prior to the hearing on the informal
review before the appropriate Township Board, the applicant shall
pay 100% of the estimated cost of the review fees of the township
professionals and other personnel in reviewing the tentative plat.
The applicant shall be advised of the estimated cost of said fees
by the Board Clerk as soon as they are available. The applicant shall
pay the same in advance of or at the meeting of the Board, but before
any discussion is held on the matter. The township professionals who
may review the application would include, without limitation, the
Township Engineer, a planning consultant and the Board Attorney. Any
portion of the estimated fees or deposit paid by the applicant which
is unexpended by the reviewing Board shall be returned to the applicant.
[Amended 3-25-1980]
(2)
In addition to the reimbursement to the township for
the cost of the review by the professionals, the applicant shall pay
to the township the sum of $50, which shall be used to defray the
administrative costs of processing the informal review.
[Amended 8-26-1986]
B.
Preliminary major subdivision: a minimum application
fee of $300, plus an additional fee of $50 for each lot shown on the
plat.
[Amended 8-26-1986]
C.
Resubmission of a preliminary plat or reapproval of
a preliminary major subdivision: 25% of the original application fee
for preliminary major subdivision, provided that the application encompasses
the same land as the original subdivision and provided that the submission
is filed within three years of the previous preliminary approval.
[Amended 8-26-1986]
E.
[2]Certificate of approval and release of maintenance bond:
a fee of $5 for each lot shown on the plat.
F.
In addition to the above, following tentative approval
and before construction begins, the subdivider shall pay the township
for all projected inspection services by the Township Engineer at
the rate of 3% of the total cost of improvements as estimated by the
Township Engineer. If a dispute arises as to the reasonableness of
the fee required, the Planning Board shall fix the same after a hearing.
Any unexpended portion of the inspection fees shall be returned to
the subdivider, and the subdivider shall reimburse the township for
inspection fees which exceed 3%.
[Amended 8-26-1986; 3-8-1988]
A.
In addition to the fees set forth above, the applicant
shall also reimburse the township for the fees and expenses charged
by any consulting engineer, planning consultant or other expert hired
by the township with respect to the application for development.
B.
Every resubmission of subdivision approval shall be
construed as a new application, and the appropriate fee shall be paid
upon the resubmission thereof.
C.
In addition to the above, the fee for a certificate
of subdivision approval shall be $5.
D.
All fees, except inspection fees, shall be payable
to the Township Clerk at the time of filing any application or appeal.
Inspection fees shall be payable to the Township Clerk at the time
of final subdivision or site plan approval or commencement of construction,
whichever is sooner. All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees provided in this
subsection.
E.
All applicants or appellants to the Planning Board
or other board or agency of the township shall pay the applicable
fees.
[Amended 8-26-1986; 10-26-2021 by Ord. No. 2021-12]
F.
Whenever an interested party requests a transcript
or duplicate recording in lieu thereof, the cost for the same shall
be borne by the interested party, and the maximum amount to be paid
for the same shall be the actual out-of-pocket expenses of the municipality.
G.
The fee for a special meeting at the applicant's request:
a minimum of $500 or the actual cost to the township, whichever is
greater. The applicant shall pay a deposit to the township in the
sum of $500, together with a written request in order to obtain a
special meeting.
[Amended 8-26-1986]
H.
The Board may, at its discretion, call for an opinion
of the Township Engineer or other experts, the expense of which shall
be borne by the applicant.
I.
A continuation charge of not more than $500 per meeting
for additional meetings may be imposed by the Board for lengthy applications
that require more than one meeting.
[Added 8-26-1986]
J.
An application for certification of a nonconforming
use under N.J.S.A. 40:55D-68 shall be $100. The Township Clerk is
hereby directed to give notice, at least 10 days prior to the hearing
on the adoption of this subsection, to the County Planning Board and
to all others entitled thereto pursuant to the provisions of N.J.S.A.
40:55D-15. Upon the adoption of this subsection, after public hearing
thereon, the Township Clerk is further directed to publish notice
of the passage thereof and to file a copy of this subsection as finally
adopted with the Sussex County Planning Board as required by N.J.S.A.
40:55D-16.
[Added 10-28-1986]
L.
The fee for appeals and interpretations shall be as
follows:
[Added 9-27-1988]
(1)
Appeals under N.J.S.A. 40:55D-70a or interpretations
under N.J.S.A 40:55D-70b: $150.
N.
Fees for all other applications for which no other
fee is provided shall be $100.
[Added 5-29-1990]
[Added 11-28-1978; amended 8-26-1986; 4-11-1989; 6-28-1994; 9-26-1995]
There shall be submitted with each site plan
application, in order to defray the cost of review of said site plan,
the following fees:
A.
Minor site plan. Application fee for a minor site
plan: $300.
B.
Preliminary site plan.
(1)
Application fee: $1,500.
(2)
The first 5,000 square feet of the affected area or
part thereof: $50.
(3)
For each additional 40,000 square feet of affected
area or part thereof: $50.
(4)
For each 100 square feet of floor area of an industrial
or commercial building: $5.
(5)
For each residential unit shown on the site plan,
including, without limitation, townhouses and garden apartments: $125.
[Added 10-25-1988; amended 4-11-1989]
A.
Escrow deposits. In addition to the initial fees or
charges as hereinabove set forth, the municipal agency shall require
escrow deposits in accordance with the provisions of this section.
The Chief Financial Officer of the municipality shall make all of
the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The
application review and inspection charges shall be limited only to
professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
for review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the municipality. The only cost that shall be added to any such
charges shall be actual out-of-pocket expenses of such professionals
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. No applicant shall be charged
for any municipal, clerical or administrative functions, overhead
expenses, meeting room charges or any of the municipal costs and expenses
except as provided for specifically by statute, nor shall a municipal
professional add any such charge to his bill.
[Amended 3-31-1992; 9-26-1995]
B.
Professional services defined. The term "professional
services," as utilized herein, shall include the services of a duly
licensed engineer, surveyor, planner, attorney, scientist, realtor,
appraiser or other professional or expert who provided services for
review, advice, preparation of reports and/or expert testimony, for
inspection of the property and surrounding area and for tests performed,
in order to assist the Board in the review of the application before
it. The municipality shall be entitled to be reimbursed for the review
of applications, both as to completeness and as to content and for
the review and preparation of documents, such as but not limited to
drafting resolutions, developer's agreements and necessary correspondence
with the applicant or applicant's professionals.
[Amended 9-26-1995]
C.
Amount of escrow. Subject to the provisions of Subsection D, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law[1] and this section, submit the following sums to be held
in escrow in accordance with the provisions hereof:
(1)
Residential development.
|
Number of Units
|
Escrow to Be Posted
| |
|---|---|---|
|
1
[Amended 3-26-2002 by Ord. No. 2002-02] |
$800
| |
|
2 to 25
|
$2,000 additional
| |
|
26 to 100
|
$2,000 additional
| |
|
101 to 500
|
$5,000 additional
| |
|
501 to 1,000
|
$7,500 additional
| |
|
1,001 plus
|
$10,000 additional
|
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Completeness of application; escrow fees.
(1)
Within 45 days after the filing of an application
for development, the Planning Board or its authorized committee or
designee, as the case may be, shall, in conjunction with the appropriate
representatives of the staff of the Township of Hampton, review said
application for development to determine whether the escrow amount
set for the above is adequate. In conducting such review, said Board
shall consider the following criteria:
[Amended 10-26-2021 by Ord. No. 2021-12]
(a)
The presence or absence of public water and/or sewer
servicing the site.
(b)
Environmental considerations, including but not limited
to geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer
and/or water quality.
(2)
Upon completion of said review and within said forty-five-day
period, the Board or its authorized committee shall adopt a resolution
specifying whether the escrow amount specified above is sufficient,
excessive or insufficient. In the event that the Board or its authorized
committee shall determine that that amount is excessive, it shall,
in the resolution, specify the amount that shall be deemed sufficient,
including a specification, if appropriate, that no escrow be posted.
In the event that the Board or its authorized committee shall determine
that the amount specified above is insufficient, it shall so specify
and shall further set forth the amount required to be posted in light
of the criteria specified herein.
(3)
No application for development shall be deemed complete
until such time as the applicant shall have posted with the Township
of Hampton, in cash, certified check or money order, the amount of
escrow deposit determined by the Planning Board and/or Board of Adjustment
to be required in accordance with the provisions of this section.
E.
Additional escrow deposits.
(1)
The Board may require additional escrow deposits by
the applicant to be posted during the course of the review of an application,
provided that:
(a)
The original amounts escrowed pursuant to this section
have been exhausted.
(2)
In the event that additional escrow moneys are required,
they shall not be deemed items required for the application to be
complete but may be required as additional information reasonably
required to decide the application. In the Board's discretion, their
payment may be required as a condition of any approval granted.
F.
Charges for certain professional services to the applicant.
The applicant shall be responsible to reimburse the municipality with
regard to certain specific professional services in accordance with
the following:
(1)
No applicant shall be required to reimburse the municipality
for the cost of attendance by the municipality's professional personnel
at any regularly scheduled meeting of the municipal agency or board
at which a hearing is held on the application, up to a total of two
meetings. However, the municipality shall be entitled to be reimbursed
for the cost of the attendance of its professionals for meetings on
which hearings are held on the application in question exceeding two
in number. However, where hearings on other applications are held
at the same meeting at which the attendance of the municipality's
professional personnel is also required, the cost of the attendance
of the municipality's professional personnel shall be reimbursed to
the municipality on a pro rata basis.
(2)
The municipality shall be entitled to be reimbursed
for attendance of its professional personnel at special meetings of
a municipal agency or board which were requested to be called by the
applicant.
(3)
The applicant shall pay for the review of the revision
of the application or maps by the Board Attorney in the event that
the application is declared incomplete.
(4)
The cost of preparation of documents, including but
not limited to resolutions or memorializing resolutions setting forth
the findings of fact and conclusions of law of the municipal board
or agency with respect to an application, shall be reimbursed to the
township. The escrow provisions of N.J.S.A. 40:55D-1 et seq. relating
to escrow and escrow fees shall be complied with.
[Amended 12-8-1992]
(5)
The fees for other professional services incurred
by the Board shall be reimbursed by the applicant to the township.
G.
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and
upon receipt of bills from professionals and approval of said bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, the entire amount shall belong to
the applicant and shall be refunded to him by the municipality annually
or at the time the deposit is repaid or applied for the purposes for
which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent of no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided.
[Amended 9-26-1995[2]]
H.
Reimbursement for inspection of improvements. The
developer shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the inspection and/or testing
of improvements. The municipality may require the applicant to make
a deposit for all or a portion of the reasonably anticipated fees
to be paid for the Municipal Engineer for such inspections pursuant
to N.J.S.A. 40:55D-53h.
I.
Inspection of improvements. All of the improvements
in a subdivision or site plan shall be inspected and approved by the
Township Engineer. The subdivider or his agent, employee or contractor
shall notify the Township Engineer and the Secretary of the reviewing
municipal board when the work is ready for any required inspection
specified herein or required to be performed by the Township Engineer,
the Construction Official or the appropriate subcode official. This
notice shall be given at least 48 hours prior to the start of the
construction and at least 48 hours prior to the time the inspection
is desired. Inspection shall be performed within three business days
of the time for which it was requested. The work shall not proceed
in a manner which shall preclude the inspection until it has been
made. No underground installation shall be covered until inspected
and approved.
J.
Payments.
[Added 9-26-1995]
(1)
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service
and each date the services were performed, the hours spent, to one-fourth-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to the applicant and to the municipal agency for which said services
were performed.
(2)
The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements and the
cumulative balance of the escrow account. This information shall be
provided on a quarterly basis, if monthly charges are $1,000 or less,
or on a monthly basis if monthly charges exceed $1,000. If an escrow
account or deposit contains insufficient funds to enable the municipality
or approving authority to perform required application reviews or
improvement inspections, the Chief Financial Officer shall provide
the applicant with a notice of the insufficient escrow or deposit
balance. In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the municipality
or approving authority and the applicant. In the interim, any required
health and safety inspections shall be made and charged back against
the replenishment of funds.
K.
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
[Added 9-26-1995]
L.
Closeout procedures.
[Added 9-26-1995]
(1)
The following closeout procedures shall apply to all
deposits and escrow accounts established under the provisions of N.J.S.A.
40:55D-1 et seq. and shall commence after the approving authority
has granted final approval and signed the subdivision plat or site
plan, in the case of application review escrows and deposits, or after
the improvements have been approved in N.J.S.A. 40:55D-53, in the
case of improvement inspection escrows and deposits.
(2)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and to the
approving authority and to the relevant municipal professional that
the application or the improvements, as the case may be, are completed.
After receipt of such notice, the professional shall render a final
bill to the Chief Financial Officer of the municipality within 30
days and shall send a copy simultaneously to the applicant. The Chief
Financial Officer of the municipality shall render a written final
accounting to the applicant on the uses to which the deposit was put
within 45 days of receipt of the final bill. Any balances remaining
in the deposit or escrow account, including interest in accordance
with N.J.S.A 40:55D-53.1, shall be refunded to the developer along
with the final accounting.
M.
Scope of charges. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary, given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval or review of requests for
modification or amendment made by the applicant. A professional shall
not review items which are subject to approval by any state governmental
agency and not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
on the subdivision or site plan.
[Added 9-26-1995]
N.
Limitation of inspection fees. Inspection fees shall
be charged only for actual work shown on a subdivision or site plan
or required by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
[Added 9-26-1995]
O.
Substitution of professionals. If the municipality
retains a different professional or consultant in the place of a professional
originally responsible for development application review or inspection
of improvements, the municipality or approving authority shall be
responsible for all time and expenses of the new professional to become
familiar with the application or the project, and the municipality
or approving authority shall not bill the applicant or charge to the
deposit or the escrow account for any such services.
[Added 9-26-1995]
P.
Estimate of cost of improvements. The cost of the
installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Municipal Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the municipality. The developer may appeal the Municipal Engineer's
estimate to the County Construction Board of Appeals, established
pursuant to N.J.S.A. 52:27D-127.
[Added 9-26-1995]
Q.
Appeals.
[Added 9-26-1995]
(1)
An applicant shall notify, in writing, the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall within a reasonable
time attempt to remediate any disputed charges. If the matter is not
resolved to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, the approving authority and any
professional whose charges are the subject of the appeal. An applicant
shall file an appeal within 45 days from receipt of the informational
copy of the professional's voucher required by N.J.S.A. 40:55D-53.2(2),
except that if the professional has not supplied the applicant with
an informational copy of the voucher, then the applicant shall file
his appeal within 60 days from receipt of the municipal statement
of activity against the deposit or escrow account required by N.J.S.A.
40:55D-53.2(2). An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
(2)
The County Construction Board of Appeals shall hear
the appeal, render a decision thereon and file its decision with a
statement of the reasons therefor with the municipality or approving
authority not later than 10 business days following the submission
of the appeal unless such period of time has been extended with the
consent of the applicant. The decision may approve, disapprove or
modify the professional charges appealed from. A copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the municipality, the approving authority and the professional
involved in the appeal. Failure by the Board to hear an appeal and
render and file a decision thereon within the time limits prescribed
in this subsection shall be deemed a denial of the appeal for purposes
of a complaint, application or appeal to a court of competent jurisdiction.
(3)
Appeals shall be taken in accordance with the rules
and procedures established by the County Construction Board of Appeals.
(4)
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
