[Amended by Ord. No. 3-80; Ord. No. 20-88; Ord. No. 24-95; 4-26-2006 by Ord. No. 18-2006; 9-25-2013 by Ord. No.
14-2013; 9-10-2014 by Ord. No. 12-2014; 11-5-2015 by Ord. No. 12-2015; 12-4-2019 by Ord. No. 28-2019; 7-9-2020 by Ord. No. 08-2020; 6-9-2022 by Ord. No. 10-2022]
The following fees are established for applications,
permits and services under this chapter:
A. Application for subdivision approval:
Application Type
|
Administrative Fee
|
---|
Informal hearing/concept plan review
|
|
Minor subdivision
|
$250
|
All others
|
$250
|
Appeals and interpretations
|
$300 plus any other costs incurred by Board
during review process
|
Certificate of nonconforming use
|
$250
|
From the Administrative Officer
|
$50
|
From the Zoning Board of Adjustment
|
$250
|
Capital review
|
$150
|
Architectural review
|
|
Residential
|
$150
|
Nonresidential
|
$300
|
Subdivision
|
|
Minor and major
|
$500
|
Preliminary
|
$500 + $50 per lot
|
Final
|
$250 + $50 per lot
|
Site plan
|
|
Minor and major
|
$500
|
Residential preliminary
|
$500 + $50 per dwelling unit
|
Residential final
|
50% of preliminary fee
|
Nonresidential preliminary
|
$1,000 + $50 per acre of disturbance + $0.05 per square foot
of proposed building area
|
Nonresidential final
|
50% of preliminary fee
|
Conditional use
|
$300 plus fees as designated under site plan
|
Application for certificate of approval or certificate of appropriateness
in historical zone
|
$175
|
Waiver (submittal requirement or design waiver)
|
N.F.
|
Bulk “C” variance
|
$200 for 1 + $50 for each additional variance
|
Use “D” variance
|
|
Single-family
|
$300
|
All other residential and nonresidential
|
$600 plus fees as designated under site plan
|
General development plan
|
|
Initial submission
|
$500
|
Administrative change determined to be minor by
Borough Engineer
|
$150
|
Plan amendment
|
$250
|
Timing schedule amendment
|
$250
|
Amendment of approvals
|
|
Administrative change determined by Borough Engineer
to minor
|
$150
|
Amendment of preliminary or final plat or site plan
previously approved, determined to be minor by Borough Engineer or
agency
|
$250
|
Amendment of preliminary or final plat or site plan
previously approved, determined to be minor by Borough Engineer or
agency
|
Full fees required by this section
|
Application for extension of time of site plan or
subdivision approval pursuant to MLUL
|
$500 plus any other costs incurred by the Board during review
process
|
Application for signs requiring Board approval
|
$150 plus any other costs incurred by the Board during review
process
|
Permitted temporary freestanding signs
|
$50
|
Permit for temporary handheld sign
|
$100 for the initial permit plus $25 for each additional handheld
sign/person that will be utilized pursuant to the same permit
|
Permit for signs in excess of eight feet
|
$100
|
Billboard permit
|
$100
|
Publication fee
|
|
Single family
|
$20 per decision rendered
|
All other residential and nonresidential
|
$30 per decision rendered
|
Certified list of property owners
|
$10 or $0.25 per name, whichever is greater
|
Special meetings
|
$1,750 per special meeting
|
Fire prevention (site plan or major subdivision)
|
$100
|
Zoning permit
|
|
Residential new home with grading
|
$250
|
Revised grading new home
|
$100
|
Residential property addition
|
$50
|
Nonresidential new building use
|
$350
|
Aboveground pool
|
$100
|
In-ground pool
|
$175
|
Commercial use
|
$100
|
Sign (commercial)
|
$50 per sign
|
Issuance of certificate of approval of subdivision
|
|
Original certificate
|
$100
|
Continuation certificate
|
$25 per year
|
B. Fees, when necessary in connection with any approval requiring improvements and to cover inspections in accordance with §
89-105, 5% of total cost of improvements (including off-tract improvements) required as a condition of approval, said cost to be determined by the Borough Engineer in accordance with N.J.S.A. 40:55D-53.4 or other applicable law.
C. Administrative Secretary search of tax duplicate for
owners within 200 feet of premises: $10 or $0.25 per name whichever
is greater.
D. Issuance of a certificate of occupancy: same fee as provided in Chapter
129, Construction Codes, Uniform, and Chapter
116, Certificates of Occupancy, of the Borough Code.
E. Issuance of temporary certificate of occupancy: same fees a provided in schedule of fees in Chapter
129, Construction Codes, Uniform, of the Borough Code.
F. Rezoning requests before Planning Board: $300.
(1) Upon approval for ordinance preparation and publication:
$400.
G. Exceptional rezoning review escrows. If the Borough determines that a proposed request for rezoning involves unusual or complicated aspects which could result in expenses to the Borough in excess of any application fees set forth above, the municipal agency hearing a request for rezoning may require the developer or applicant to provide, in addition to any application fee, an escrow deposit for professional fees. Said fees shall be administered in accordance with the procedures established in §
89-105. In determining the amount of any escrow required, the Borough, municipal agency, or Borough Engineer may consider the following:
(1) The
size of the projected zoning amendment request;
(2) Unusual
design or planning aspects;
(3) The
degree and extent of municipal review and professional services required;
(4) The
extent of conformity to normal planning and design standards.
H. Issuance of special event permits: $100.
I. Legal fees in connection with development applications.
For legal services provided by the Borough Attorney in connection
with a development application, the developer shall pay the following
fees to the Borough Clerk:
(1) Preparation
of developer's agreement: $650 or professional's fee, whichever is
greater;
(2) Preparation
of stormwater basin agreement: $650 or professional's fee, whichever
is greater;
(3) Review
of initial performance guarantees and the preparation of any initial
resolutions in connection therewith: $175 for each review;
(4) Review
of subsequent, substituted, reduced or modified performance guarantees,
review of maintenance guarantees and the review of any amendments
or extensions to letters of credit, together with any required resolutions:
$175 for each such review:
(5) Preparation
of municipal service agreement: $650 or professional's fee, whichever
is greater.
J. Capital contribution for sidewalk construction. When
contributions for sidewalk construction are required, the fee shall
be paid into a capital reserve account for sidewalk construction prior
to issuance of a building permit and shall be based upon the following
fee schedule:
(1) Minor
subdivision: $85 per square yard.
(2) Minor
site plan: $85 per square yard.
(3) Use
variance; or undersized lot variance resulting in a new single-family
dwelling: $85 per square yard.
(4) Major
site plan or major subdivision: an amount equal to 100% of the reasonable
cost of installing sidewalks along the entire frontage of the property
where sidewalks do not exist. The amount shall be calculated by the
Borough Engineer based upon typical costs at the time, with a minimum
of $85 per square yard.
(5) In
the case of an application requiring multiple approvals: $85 per square
yard.
[Added 12-17-2008 by Ord. No. 32-2008; amended 8-25-2010 by Ord. No. 17-2010]
The following fees are established for Tax Map
revisions for subdivisions under this chapter:
A. Fees and escrows for minor subdivision/consolidation:
Fee
|
Escrow accepted upon deposit
|
---|
$100 per lot
|
None
|
B. Major subdivisions:
Fee for tax map maintenance
|
Escrow accepted upon deposit
|
---|
Lots 1 through 10: $150 per lot
|
None
|
Lots 11 through 20: $75 per lot
|
None
|
Lots 21 through 50: $50 per lot
|
None
|
Lots 51 and more: $25 per lot
|
None
|
C. The following fees for GIS maintenance shall apply
to all minor and major subdivisions:
Fee for GIS maintenance
|
Escrow accepted upon deposit
|
---|
Lots 1 through 10: $75 per lot
|
None
|
Lots 11 through 20: $55 per lot
|
None
|
Lots 21 through 50: $40 per lot
|
None
|
Lots 51 and more: $25 per lot
|
None
|
[Amended by Ord. No. 20-95]
A. Deposit of escrow funds.
(1) Escrow funds shall be deposited with the Borough to
cover the cost of any professional services rendered to the Borough
for review of applications for development, review and preparation
of documents, inspection of improvements or other permissible purposes
under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
Prior to an application being ruled complete, the following sum(s)
shall be delivered to the Borough to be held in escrow:
[Amended 4-26-2006 by Ord. No. 18-2006; 5-11-2011 by Ord. No. 05-2011; 12-4-2013 by Ord. No. 21-2013; 4-12-2023 by Ord. No. 10-2023]
Residential Development Subdivisions
|
|
---|
|
0 to 3 lots
|
|
|
|
In cases of realignment of lot line (no new
lots)
|
$750
|
|
|
All others
|
$1,000
|
|
4 to 10 lots
|
$4,000
|
|
11 and more lots
|
$7,500
|
Site plans
|
|
|
0 to 3 units
|
$2,000
|
|
4 to 10 units
|
$2,500
|
|
11 and more units
|
$5,000
|
Commercial Development Subdivisions
|
|
---|
|
0 to 3 lots
|
$1,000
|
|
4 to 10 lots
|
$5,000
|
|
11 and more lots
|
$9,000
|
Site plans (new construction)
|
|
|
0 to 1,250 square feet
|
$1,000
|
|
1,250 to 2,500 square feet
|
$2,000
|
|
2,501 to 10,000 square feet
|
$4,000
|
|
10,001 to 20,000 square feet
|
$8,000
|
|
20,001 and more square feet
|
$10,000
|
Use Variances or "D" Variance
|
$500
|
---|
Application for any variance before the Zoning Board of Adjustment
to cover the costs of document preparation
|
$250
|
(2) Escrow funds deposited with the Borough shall be in
the form of check, cash or money order and shall be maintained in
an escrow account by the Finance Officer in accordance with N.J.S.A.
40:55D-53.1 or as otherwise provided by law. Escrow deposits shall
be in addition to any application or other fees authorized by law
to be charged by the Borough in connection with applications pursuant
to the Municipal Land Use Law. As part of the application for development,
the applicant shall place on the record its agreement to be bound
by the provisions of the Borough's escrow ordinances. Deposits for
inspection fees shall be established in accordance with subsection
h of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).
B. Professional charges.
(1) 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 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
in the subdivision or site plan.
(2) If the Borough retains a different professional or
consultant in the place of the professional originally responsible
for development, application review or inspection of improvements,
the Borough shall be responsible for all time and expenses of the
new professional to become familiar with the application or the project,
and the Borough shall not bill the applicant or charge the deposit
or the escrow account for any such services.
C. The Borough shall be reimbursed for all payments to
independent consultants in accordance with N.J.S.A. 40:55D-53.2. If
the salary, staff support and overhead for the municipal in-house
professional are provided by the Borough, the charge shall not exceed
200% of the sum of the products resulting from multiplying: 1) the
hourly base salary, which shall be established annually by ordinance,
of each professional by 2) the number of hours spent by the respective
professional upon review of the application for development or inspection
of the development’s improvements, as the case may be. For other
professionals, the charge shall be at the same rate as all other work
of the same nature by the professional for the Borough when fees are
not reimbursed or otherwise imposed on applicants or developers. The
Zoning Officer shall be authorized to conduct reviews of development
applications for their completeness. The charge by the Borough for
those services shall be the same as set forth above based on the Zoning
Officer’s hourly based salary as established by the Borough's
Salary Ordinance.
[Amended 8-10-2011 by Ord. No. 10-2011]
D. All escrow funds shall be utilized by the Borough
or the appropriate board to pay the cost of any professional fees
incurred for review of applications for development, review and preparation
of documents, inspection of improvements and other purposes under
the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The
term "professional" as used herein shall include the services of a
duly licensed engineer, surveyor, planner, attorney, appraiser or
other expert who would provide professional services to insure that
an application complies with the standards set forth in Borough ordinances
and experts whose testimony may be solicited to give further information
to the approving board in any area addressed by any of applicant's
experts.
E. No subdivision plat or deed or site plan shall be
signed, nor shall any zoning permits, based upon variances or interpretations
of the Zoning Ordinance, building permits, certificates of occupancy
or any other types of permits be issued with respect to any approved
application for development until:
(1) All bills for reimbursable services have been received
by the municipality from professional persons rendering services in
connection with such application;
(2) The applicant has reimbursed the Borough, the excess
by which the amount of the bills exceeds the amount escrowed.
F. No professional personnel submitting bills to the
Borough under this chapter shall charge for any of the services referred
to herein at any higher rate or in any different manner from that
which would normally be charged to the Borough for similar work. Payment
of any bill rendered by a professional to the Borough with respect
to any service for which the Borough is entitled to reimbursement
shall in no way be contingent upon receipt of reimbursement by the
Borough nor shall any payment for service be delayed pending reimbursement
of the Borough by an applicant.
G. Payments to professionals.
(1) The Chief Financial Officer of the Borough shall make
all of the payments to professionals for services rendered to the
Borough or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.). Such fees or charges shall be based upon a schedule
established by resolution which may be the resolution authorizing
the contract of employment between the Borough and the professional.
(2) Each payment charged to the escrow deposit for review
of applications, review and preparation of document and inspections
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service
and for each date the services performed, the hours spent to one-quarter
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Borough
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the Borough. If the services are
provided by a Borough employee, the employee shall prepare and submit
to the Chief Financial Officer, a statement containing the same information
as required on a voucher, on a monthly basis.
(3) The professional shall simultaneously send an informational
copy of all vouchers or statements submitted to the Chief Financial
Officer of the Borough to the applicant. 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 Borough 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 10 days, post a deposit
to the account in an amount to be agreed upon by the Borough 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.
H. The following closeout procedure shall apply to all
deposits and escrow accounts established under the provisions of P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after
the approving authority has granted or denied final approval and,
if approval is granted, signed the subdivision plat or site plan,
in the case of application review escrows and deposits, or after the
improvements have been approved as provided in section 41 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection
escrows and deposits. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the Borough and 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 Borough within 30 days and shall send
a copy simultaneously to the applicant. The Chief Financial Officer
of the Borough 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 section 1 of P.L. 1985,
c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer
along with the final accounting.
I. An applicant shall notify the Borough, in writing,
with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for services rendered to the Borough in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The Borough or its
designee shall, within a reasonable time period, 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 under section 9 of P.L. 1975, c. 217
(N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit
by any Borough professional or consultant, or the cost of the installation
of improvements estimated by the Borough Engineer pursuant to section
15 of P.L. 1991, c. 256 (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 Borough, approving
authority, and any professional whose charge is 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
subsection c of section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2),
except that if the professional has not supplied 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 subsection c of section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing
service 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.
J. During the pendency of any appeal, the Borough 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 guarantees, 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
provided the applicant has posted all escrow monies in accordance
with this chapter. The Chief Financial Officer of the Borough 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 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 the Borough,
the professional or consultant shall reimburse the Borough in the
amount of any such disallowed charge.
[Added 4-26-2006 by Ord. No. 18-2006]
A. Fee for a copy of the entire code or any portion of the code or a code update shall be pursuant to Chapter
150, Article
II, §
150-2, of the Code of the Borough of Eatontown, except that the fee assessed for the duplication of the government record shall not exceed the following:
(1)
First page to 10th page: $0.75 per page.
(2)
Eleventh page to 20th page: $0.50 per page.
(3)
All pages over 20: $0.25 per page.
B. If the actual cost for duplication due to private
contractor duplication exceeds the aforesaid rates, then the charge
shall be the actual cost of duplicating the document request.