Every application for development is subject to an application
fee, professional development fee, escrow fee for professional review
services and administrative fees. These fees must be paid upon submission
of any development application to the City of Trenton and must be
provided in four separate checks payable to the City of Trenton.
A.
Application fee. Each application for development shall be accompanied by payment of a nonrefundable application fee as set forth in § 315-71C. There shall be a separate fee required for preliminary and final site plan applications as well as subdivision and conditional use applications.
B.
Professional development fee. Per N.J.S.A. 40:55D-8b, development applications are subject to a professional development fee to defray the cost of tuition for those persons required to take the course in land use law and planning in the municipality as required pursuant to P.L. 2005, c. 133 (N.J.S.A. 40:55D-23.3 et seq.). All site plan and subdivision applications shall be accompanied by payment of a nonrefundable professional development fee as set forth in § 315-71C.
C.
Fee Schedule.
|
Type of Application
|
Application Fee
|
Professional Development Fee
| |||
|---|---|---|---|---|---|
|
Site plan/subdivision
| |||||
|
Preliminary site plan1 (square feet
of land area)
| |||||
|
Up to 10,000
|
$225
|
$10
| |||
|
10,001 to 20,000
|
$325
|
$20
| |||
|
20,001 to 40,000
|
$400
|
$30
| |||
|
Over 40,000
|
$450
|
$40
| |||
|
Final site plan1 (square feet of
land area)
| |||||
|
Up to 10,000
|
$225
|
$10
| |||
|
10,001 to 20,000
|
$325
|
$20
| |||
|
20,001 to 40,000
|
$400
|
$30
| |||
|
Over 40,000
|
$450
|
$40
| |||
|
Preliminary subdivision (square feet of land area)
| |||||
|
Up to 10,000
|
$225
|
$10
| |||
|
10,001 to 20,000
|
$325
|
$20
| |||
|
20,001 to 40,000
|
$400
|
$30
| |||
|
Over 40,000
|
$450
|
$40
| |||
|
Final subdivision (square feet of land area)
| |||||
|
Up to 10,000
|
$225
|
$10
| |||
|
10,001 to 20,000
|
$325
|
$20
| |||
|
20,001 to 40,000
|
$400
|
$30
| |||
|
Over 40,000
|
$450
|
$40
| |||
|
Conditional use permit
|
$200
|
n/a
| |||
|
Variance
|
$200
|
n/a
| |||
|
Designation of redevelopment area and creation of redevelopment
area plan
|
$2,500
|
n/a
| |||
|
Amendment to redevelopment plan
|
$1,500
|
n/a
| |||
|
NOTES:
| ||
|
1
|
For preliminary and final site plan review there is an additional
fee of $100 for every 50,000 square feet of floor area, or fraction
thereof, in excess of the first 50,000 square feet of any development.
| |
D.
Escrow fees for professional review services.
(1)
Each application for development shall be accompanied by payment
of an escrow fee in addition to the nonrefundable application fee
set forth above, to be deposited with the City. The amount of the
escrow fee shall be as set forth in the schedule below:
|
Type of Application
|
Escrow Fee
| ||
|---|---|---|---|
|
Site plan review
|
$300+
| ||
|
Residential
|
$100 per dwelling unit
| ||
|
Nonresidential
|
$425 per 1,000 gsf
| ||
|
Subdivision review
|
$300 plus $100 per lot; if a subdivision includes the dedication
of public roads, the fee shall be $150 per lot
| ||
|
Conditional use permit review1
|
$3002
| ||
|
NOTES:
| ||
|
1
|
This fee is applicable to conditional use permit applications that do not require submission of a full site plan, per § 315-63B. When a full site plan review is required as part of a conditional use permit application, the site plan review escrow fees shown in the above chart shall apply.
| |
|
2
| ||
(3)
Waiver of escrow requirement. A waiver of all or part of the escrow
fee requirement for performance standard review applications or site
plan applications containing 10 or fewer residential units, or 20,000
or fewer gross square feet of nonresidential space, may be granted
at the sole discretion of the Planning Board, after receiving a staff
recommendation. The granting of a full or partial waiver shall be
based upon review of a completed application and a finding that the
nature of the application and its potential impacts are such that
no substantial technical or professional review is required.
(4)
Use of escrow funds. Escrow fees shall be utilized to cover the cost
of professional services required for the review of application materials,
the conduct of hearings on the application, and necessary follow-up
activities arising from approval of an application, including, but
not limited to, engineering, professional planning, environmental
analysis, historic preservation, urban design, and traffic analysis.
(5)
Escrow agreement. The applicant shall execute an escrow agreement
with the City to authorize payment of such expenses. Sums not utilized
by the City in the review process shall be returned to the applicant
within a reasonable time after adoption of a resolution of memorialization
by the Planning Board or Zoning Board of Adjustment disposing of the
pending application, except with respect to matters where either Board
approves an application subject to outstanding conditions requiring
action, monitoring or analysis by the City or the applicant subsequent
to such action. In such cases, escrow funds shall be retained until
such time that all outstanding conditions have been satisfied.
(6)
Additional escrow. If the Planning Board or Zoning Board of Adjustment
finds that the initial escrow fee deposit is inadequate and that additional
funds are deemed necessary to continue processing an application,
the applicant shall be notified of the additional amount required
and shall add to his/her escrow fee deposit such additional amount.
The Planning Board or Zoning Board of Adjustment may withhold final
action on any application until all required escrow fees are paid.
(7)
Issuance of building permit or certificate of occupancy upon payment;
lien for payment. No building permit or certificate of occupancy shall
be issued until all escrow fee deposits have been made. All charges
which are due and owing shall become a lien upon the premises with
respect to which such charges are required and shall remain until
paid. The City shall have the same remedies for the collection thereof,
with interest, costs and penalties, as it has by law for the collection
of taxes upon real estate. All escrow fee deposits shall be administered
by the City in accordance with the provisions of N.J.S.A. 40:55D-53.1.
E.
Attorney, Secretary and planning staff administrative fees.
(1)
All applications for development shall be charged an additional processing
fee for the time that the Attorney, the Planning Board/Zoning Board
Secretary, stenographer and the Planning Board planning staff expend
reviewing the application and considering the application for development
at the public hearing and any other meetings required.
(2)
The applicant shall be assessed the processing fee in quarter-hour
increments at the following rates:
(3)
An initial escrow deposit of $530 shall be submitted to the City
Treasurer in an amount of $530 for one hour of the Attorney and Planning
Board Secretary's rate and two hours of the Planning staff reviewer's
rates. Any unexpended escrow funds for the administrative review shall
be returned to the applicant within 30 days after the applicant has
secured a certificate of occupancy.
(4)
If additional funds are needed from the applicant to pay for the
administrative review, the City shall notify the applicant and the
applicant shall submit payment to the City within 15 days. The Division
of Planning staff will not sign off on the certificate of occupancy
until all administrative fees have been paid to the City.
A.
Performance guarantee estimate.
(1)
In cases of an application for development involving large-scale
public improvements to be carried out by the developer, the Planning
Board or the Zoning Board of Adjustment may require that an applicant
file a performance guarantee with the City Department of Public Works,
pursuant to N.J.S.A. 40:55D-53, to insure the installation of such
public improvement on or before a specified date or before a specified
phase of the development project.
(2)
A required performance guarantee estimate shall be prepared by the
applicant's engineer and submitted to the Department of Public Works
for review and approval, setting forth all requirements for improvements,
as fixed by the Board, and their estimated cost. Prior to final approval
by the Board of the application for development, the City Council
shall pass a resolution either approving or adjusting this performance
guarantee.
A.
Required improvements. As a condition for approval of a subdivision, site plan or conditional use, the applicant may be required to pay his/her pro rata share of the cost of providing reasonable and necessary street improvements or water, sewerage and drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises, but indicated in the City Master Plan and necessitated or required by the construction or improvements within such subdivision or development. Such improvements must be consistent with the City's Stormwater Management Ordinance, Chapter 254 of the City Code. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments:
(1)
Improvements to be constructed at the expense of the developer. In
cases where the need for an off-tract improvement is created by the
proposed subdivision or development and where no other property owners
receive a special benefit thereby, as opposed to a mere incidental
benefit, the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire or improve lands outside
the tract and dedicate such lands to the City of Trenton or County
of Mercer, or, in lieu thereof, require the subdivider or developer
to deposit with the City a sum of money sufficient to allow the City
to acquire or improve such lands, on conditions it may deem appropriate
under the circumstances.
(2)
General standards for other improvements. In cases where the need
for any off-tract improvement to be implemented now or in the future
is necessitated by the proposed development application, and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria, together
with the provisions or rules and regulations of the City or any department
thereof, may be utilized in determining the developer's proportionate
share of such improvements:
(a)
Sanitary sewers. For distribution facilities, including the
installation, relocation or replacement of collector, trunk and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
[1]
The capacity and the design of the sanitary sewer system shall
be based on the rules and regulations for the preparation and submission
of plans for sewerage systems, New Jersey State Department of Environmental
Protection and City sewer design standards, including infiltration
standards.
[2]
Developer's pro rata share:
[a]
The capacity of the existing system to serve the
entire improved drainage area shall be computed. If the system is
able to carry the total development drainage basin, no improvement
or enlargement cost will be assigned to the developer, although some
charges, including, but not limited to, capacity charges, may be imposed.
If the existing system does not have adequate capacity for the total
development drainage basin, the prorated enlargement or improvement
share shall be computed as follows:
|
Developer's costººººº
Total enlargement or
improvement cost
|
=
|
Development gpdººº
Total tributary gpd
|
[3]
If it is necessary to construct a new system in order to develop
the subdivision or development, the prorated enlargement share to
the developer shall be computed as follows:
|
Developer's costººººº
Total project cost
|
=
|
Development tributary gpdºººººººººº
Total tributary gpd to new system
|
[4]
The plans for the improved system or the extended system shall
be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the City Engineer.
(b)
Roadways. For street widening, alignment, channelization of
intersections, construction of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets, and
other associated street or traffic improvements, the applicant's proportionate
cost shall be determined as follows:
[1]
The applicant's engineer shall provide the Department of Public
Works and the Department of Traffic with the existing and anticipated
peak-hour volumes which impact the off-tract acres in question, which
volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
[2]
The applicant shall furnish a plan for the proposed off-tract
improvements, which shall include the estimated peak-hour traffic
generated by the proposed development. The ratio of the peak-hour
traffic generated by the proposed development to the future peak-hour
traffic shall form the basis of the proportionate share. The prorated
share shall be computed as follows:
|
Developer's costººººººº
Total cost of roadway
improvement and/or extension
|
=
|
Additional peak-hour traffic-
generated by the development
Future total peak-hour traffic
|
(c)
Drainage improvements. For the stormwater and drainage improvements,
including the installation, relocation of storm drains, culverts,
catch basins, manholes, riprap, or improved drainage ditches and appurtenances
thereto, and the relocation or replacement of other storm drainage
facilities or appurtenances associated therewith, the applicant's
proportionate share shall be determined as follows:
[1]
The capacity and design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Small Watershed, Technical Release 55, Soil Conservation Service,
USDA, January 1975, as amended, and shall be computed by the developer's
engineer and approved by the City Engineer.
[2]
The capacity of the enlarged, extended or improved system required
for the subdivision or development and areas outside of the subdivision
or development shall be computed by the developer's engineer and be
subject to the approval of the Department of Public Works. The plans
for the improved system shall be prepared by the developer's engineer,
and the estimated cost of the enlarged system shall be calculated
by the Department of Public Works. The prorated share for the proposed
development shall be computed as follows:
|
Developer's costººººº
Total enlargement or
improvement cost of
drainage facilities
|
=
|
Development cfsººººº
Total tributary cfs
|
B.
Escrow accounts. Where the proposed off-tract improvement is to be
undertaken at a future date, funds required for the improvement shall
be deposited to the credit of the City in a separate account until
such time as the improvement is constructed. In lieu of a cash escrow
account, developers may present irrevocable letters of credit for
the term required, in a form acceptable to the City Attorney. If the
off-tract improvement is not begun within 10 years of the deposit,
all monies and interest shall be returned to the applicant or the
letter of credit, as the case may be, surrendered. An off-tract improvement
shall be considered "begun" if the City has taken legal steps to provide
for the design and financing of such improvements.
C.
Implementation of off-tract improvements.
(1)
In all cases, developers shall be required to enter into an agreement
or agreements with the City in regard to off-tract improvements, in
accordance with this chapter and any other ordinances, policies, rules
and regulations of the City of Trenton, County of Mercer and State
of New Jersey, and any departments, authorities or agencies thereto.
(2)
Where properties outside the subject tract will be benefited by the improvements, the City Council may require the applicant to escrow sufficient funds, in accordance with Subsection B, Escrow accounts, above, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
(3)
Benefit to properties outside subject tract.
(a)
Where properties outside the subject tract will benefit by the
improvements, the City Council may determine that the improvement
or improvements are to be installed by the City as a general improvement,
the cost of which is to be borne as a general expense.
(b)
If the City Council shall determine that the improvement or
improvements shall be constructed or installed as a general improvement,
the City Council may direct the Planning Board to estimate, with the
aid of the Department of Public Works, or such other persons who have
pertinent information or expertise, the amount, if any, by which the
total cost thereof will exceed the total amount by which all properties,
including the subject tract, will be specifically benefited thereby,
and the subdivider or developer shall be liable to the City for such
expense.
(4)
If the City Council shall determine that the improvement or improvements
shall be constructed or installed as a local improvement, all or a
part of the cost of which is to be assessed against properties benefited
thereby in proportion to the benefits conferred by the improvements,
in accordance with N.J.S.A. 40:56-1 et seq., the developer may be
required to sign an agreement acknowledging and agreeing to this procedure,
and in addition, the City Council may require that the developer shall
be liable to the City, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, for the difference between the cost actually incurred
and the total amount by which all properties, including the subject
tract, are specially benefited by the improvement, as the same may
be determined by the Board of Improvement Assessors.
(5)
If the City Council shall determine that the improvements are to
be constructed or installed by the applicant, such agreement may contain
provisions, consistent with the standard in this chapter and any other
rules, regulations or policies of the City of Trenton, County of Mercer
and State of New Jersey, and any departments, authorities or agencies
thereof with jurisdiction therein, whereby the applicant shall be
reimbursed by the City, or otherwise, as a result of any participation
fees, connection charges, charges paid in regard to developer's agreements
with other applicants and the like, all in accordance with an agreement
between the City Council and the applicant.
(6)
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the City
Council shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of development
within the drainage or circulation area in question and the intensity
of such development.
(b)
The risk and exposure that neighboring areas are subject to
in the event that the improvements to be required are delayed.
(c)
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the City in which the same is located.
(d)
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
A.
Findings.
(1)
Any structure exceeding four stories in height above the ground is
a potential cause of interference, interruption or severe degradation
to the City's public safety and municipal communications systems.
(2)
The City has invested considerable funds to implement and operate
the communications system, which is paramount to the provisions of
police, fire, medical and other public services for those who work,
reside or own property in the City.
(3)
It is imperative that these communication networks and systems be
protected from interference, interruption or degradation by the construction
or modification of any building or structure within the City.
B.
Escrow fees. An applicant of any preliminary or final site plan application for a structure exceeding four stories or 40 feet in height above the ground shall be required to submit double the required professional services escrow fee at the time of application submission (refer to § 315-71 for fee calculations) in order to cover the cost of hiring a radio communication expert to determine whether the proposed new construction is likely to interfere with the City's radio communications system. The applicant shall be required to replenish the escrow account on an as-needed basis in accordance with § 315-71.
C.
Regulations. In the event that it is determined by the City's radio
communications expert that the construction or modification of such
structure may result in interference, interruption or degradation
of the City's communications system, approval of the site plan application
shall be conditioned upon the applicant providing the following facilities,
services and/or financial relief as determined necessary by the City
under advisement by its consulting radio communications expert:
(1)
The applicant shall be required to provide sufficient space, up to
1,000 square feet, in the new or modified building to install radio
transmitting and receiving equipment as may be necessary to correct
all radio system degradation or interference resulting directly or
indirectly from the construction or modification. Such space shall
be required to overcome the negative or potential effect of the structure
on the City's communications systems.
(2)
The applicant shall provide power, including that provided by an
emergency electric power generator, adequate to operate all radio
and ancillary equipment installed by the City in the proposed facility.
Such power sources shall be secure and free from the possibility of
disconnection, by accident or otherwise, by maintenance or other persons.
(3)
The applicant shall provide antenna-mounting space and antenna cable
paths as necessary to permit the erection of transmitting and receiving
antennas in a manner consistent with the radio system's operational
and coverage needs.
(4)
The applicant shall provide free and easy access to the radio equipment,
antenna systems and power sources, 24 hours per day, seven days per
week, without exception. Such access shall not require any City radio
system management or its authorized maintenance personnel to wait
more than 10 minutes for such access after arriving at the site. Parking
and loading facilities shall be provided and conveniently located.
Stickers, keys or cards necessary to access these areas will be provided
in quantities as needed and at no cost to the City.
(5)
The applicant shall provide such space, power and other services
and access without charge or fee to the City, except that the electric
service may be provided with a meter that causes a bill for such electric
power to be issued directly to the City by the power utility company.
(6)
The City shall be responsible for the maintenance and cleaning of
the interior equipment room areas it uses in accordance with these
requirements. The building or structure owner shall be responsible
for the maintenance and access to these areas and for all roof areas.
(7)
The City shall have the right to install and maintain such security
devices as it deems necessary for the protection of its equipment.
Such devices shall include, but not be limited to, door locks, intrusion
alarms, fire and smoke alarms, sprinkler systems and fire extinguishers.
Where appropriate in the City's view, fire and smoke alarms may be
interconnected with other building fire and smoke alarms to assure
maximum protection and safety to those working in or occupying the
building.
(8)
Applicant shall be responsible for the cost of all necessary coverage
and operational capacities when the proposed construction or modification
of the structure is determined to potentially cause interference or
degradation to the City's radio systems, and the structure, such as
a monument, is not physically adaptable to supporting radio communications
equipments. Such costs shall include leasing, purchasing or otherwise
acquiring space in other buildings, erecting radio towers, acquiring
building equipment shelters and for doing all other work deemed necessary
to restore and secure communications or radio services. The applicant
shall also pay the costs of radio control wire lines and other circuits
leased from the telephone company that are necessary for the control
and operation of the radio equipment at this site. The applicant shall
be obligated to pay such recurring costs for leased sites and/or equipment
for a period of not less than 10 years or until such time as the City
vacates the premises, whichever occurs first.
(9)
The applicant shall provide, install and maintain signal distribution
and/or other communication facilities that will assure portable radio
coverage throughout the structure and between the inside of the structure
and the outside free air. Such facilities will be at the expense of
the applicant when determined by the City to preserve life and property,
including that of the building owner, those who work in the building
and/or those public safety personnel who may have to provide services
within the building.
