A. Development Permit.
1. Development Permits shall hereafter be secured from the Administrative Officer prior to:
a. Filing of (or recording a deed of) or resubdivision of any land; a subdivision application for and/or
b. Application for and/or issuance of any Building Permit.
c. The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
d. Application for and/or issuance of any permit for a new or expanded or relocated sign.
e. Application for and/or issuance of any permit for erection of a fence in conjunction with any non-farm use;
f. Any change in use or occupancy (as herein defined) of any building, structure or land.
g. Any alteration exceeding five thousand (5,000) square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this Chapter shall not require a development permit.
h. Any use of any portion of any parcel of land for any activity regulated by this Chapter;
i. The construction of any site improvement either above or below ground.
j. The issuance of any Certificate of Occupancy where no Building Permit was previously required.
k. The excavation, removal, or addition of soil or fill to or from any site exceeding ten (10) cubic yards.
2. Prior to issuance of a Development Permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
a. Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
b. Drainage permits from the New Jersey Department of Transportation.
c. Stream encroachment permit from the New Jersey Department of Environmental Protection.
d. Coastal Area Facilities Review Act (CAFRA) Permit from the New Jersey Department of Environmental Protection.
e. Freshwater Wetlands permit from the New Jersey Department of Environmental Protection.
f. Riparian construction permit from the New Jersey Department of Environmental Protection.
g. Waterfront development permit from the New Jersey Department of Environmental Protection.
h. Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
i. Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
j. Land Disturbance permit from the Freehold Area Soil Conservation District.
k. Floodplain Encroachment Permit from the Township of Middletown.
l. A Certificate of Appropriateness on some other form of favorable report from the Landmarks Commission pursuant to Section 16-941 of this Chapter.
m. Approval from the Township of Middletown Sewerage Authority.
3. Prior to the issuance of a Development Permit, the applicant shall have secured all approvals required by this Chapter and shall have met any and all conditions of any Municipal Agency approval.
B. Certificates as to Approval of Subdivision of Land.
1. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three (3) years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
2. The Administrative Officer (Township Planner) shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
3. Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
a. Whether there exists in the Township a duly established Planning Board and whether there is an Ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
b. Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
c. Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
4. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the Municipality.
5. Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55.
6. If the Administrative Officer designated to issue any such certificate fails to issue the same within fifteen (15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55.
7. Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C. Construction Permit.
1. No Construction Permit shall be issued unless the applicant shall have first secured a Development Permit.
2. No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. (N.J.A.C. 5:23-2.14)
3. For each new principal building, it shall be a condition of the Construction Permit that an as-built survey shall be submitted to the Construction Official upon construction of the footing for the building. The survey shall include a certification that the location and first floor elevation comply with the development approvals. Construction on the structure shall be suspended until the Construction Official determines that the location and first floor elevation comply with the development approvals. This determination shall be made within three (3) working days of the submission. The Construction Official may require at his discretion that this requirement be satisfied for structures other than new principal buildings where there is uncertainty as to compliance with the development approvals.
1. Development Permit Required. No Certificate of Occupancy shall be issued for the use of any building, structure or land unless a Development Permit shall have first been issued for the use of such building, structure, or land.
2. New Uses. No building, structure or land shall be occupied or used until such time as a Certificate of Occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy. Certificates of Occupancy for any structures built or occupied as a result of site plan, subdivision or variance approval shall not be issued without verification from the Department of Planning and Development and the Township Engineer that all conditions of approval have been satisfied.
A.temporary Certificate of Occupancy may be issued for a specified length of time pursuant to the provisions of this Chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with. Any work not completed shall be bonded for or secured by a cash deposit, prior to issuance of a temporary Certificate of Occupancy.
3. Existing Uses at the Time of Passage of this Chapter or Any Amendments Thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the Chapter or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Administrative Officer (Zoning Officer) within one (1) year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by a fee as established in Section 16-314 of this Chapter. A denial by the Administrative Officer (Zoning Officer) shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et al.
4. Change of Use. Whenever there occurs a change in the occupancy or use (as herein defined) of a nonresidential building, structure or land, a new Certificate of Occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Zoning Officer may determine that such change in occupancy or use is not a "Change in use" as herein defined and determines, therefore, that a Development Permit is not required provided that the applicant has met the requirements of the applicable regulations.
5. Scope of Certificate of Occupancy. The Certificate of Occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this Chapter.
6. Improvement Required. No permanent Certificate of Occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this Chapter. A temporary Certificate of Occupancy may be issued to permit occupancy for a period not to exceed one (1) year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this Chapter.
7. Special Obligations of Condominium and Cluster Subdivision Homeowners. For individual properties which have an interest in lands held in common by a homeowners' or condominium association or similar entity, no Certificate of Occupancy shall be issued for a change in ownership until a deed conveyance including language acknowledging the individual property owner's obligation for ownership and maintenance of these common lands and/or improvements to be held in common and for membership in the particular association is submitted and approved by the Township of Middletown.
Where required, a Soil Erosion and Sediment Control Plan Certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a Development Permit shall have first been issued for the subdivision, building, structure or use.
A. It shall be the duty of the Zoning Officer to keep a record of all applications, all actions of the Municipal Agencies, all complaints, all violations noted and a record of any action taken thereon and all Development permits issued together with a notation of all special conditions involved. He shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township.
B. The Zoning Officer shall prepare a monthly report for the Township Committee, summarizing for a period since his last previous report all Development Permits issued and all complaints of violations and the action taken by him or her consequent thereon. A copy of each such report shall be filed with the Township Administrator, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Township Committee.
The duty of administering and enforcing the provisions of this Chapter is hereby conferred upon the Administrative Officer (Zoning Officer), who shall have such powers as are conferred by this Chapter and as reasonably may be implied. The Administrative Officer (Zoning Officer) shall be appointed by the Township Committee. In no case shall a Development Permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this Chapter. It shall be the duty of the Administrative Officer (Zoning Officer), to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this Chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties.
In the application and interpretation of this Chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Township. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or Ordinances, the most restrictive of those imposing the higher standard shall govern.
A. For any and every violation of the provisions of this Chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, and shall for each and every day that such violation continues, be subject to the following: imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not to exceed ninety (90) days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding ninety (90) days, or any combination thereof in the discretion of the Municipal Court Judge. Whenever a fine is to be imposed in an amount greater than one thousand two hundred fifty ($1,250.00) dollars for violations of housing or zoning codes the owner shall be provided a thirty (30) day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if the Court has determined that the abatement has not been substantially completed. [N.J.S.A. 40:49-5; Ord. No. 2006-2876]
B. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Chapter pursuant to N.J.S.A. 40:55D-1 et seq. Such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars and each lot dispositioned so may be deemed a separate violation.
In addition to the foregoing, the Municipality may institute and maintain a civil action:
1. For injunctive relief; and
2. To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a Certificate has not been issued in accordance with Section 16-304.B. of this Chapter.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
C. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
D. If the developer or agent of the developer shall, after notification by certified mail from the Township Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Township Engineer; then any such developer or agent of such developer shall be subject to the penalty stated in paragraph A. above. Each and every day that a developer or agent of a developer operates in violation of this Chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.
All amendments to this Chapter and to the Zoning Map and Schedule, which form a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed text of the schedule.
If any section, paragraph, subdivision, clause or provision of this Chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Chapter shall be deemed valid and effective.
A. After the effective date of the ordinance adopting this Chapter, all new applications for Development shall be subject to the provisions of this Chapter.
Within forty-five (45) days of submission of any Application for Development, the Administrative Officer (Planning Director) shall notify the developer in writing if an application for Development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after the submission. If a developer is notified that an Application for Development is incomplete, the Administrative Officer (Planning Director) shall further notify the developer within forty-five (45) days of submission of all the additional plans and supporting documentation requested if an Application for Development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after submission of all the additional plans and supporting documentation requested.
B. All Applications for Development filed prior to the effective date of this Chapter may be continued, subject to the following:
1. The time limits for approval by the Municipal Agency set forth within this Chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new Application for Development subject to the provisions of Subsection A of this section and all other provisions of this Chapter.
2. If the developer does not notify the Municipal Agency that he desires the Application for Development to be considered within the time limits set forth in this Chapter, such Application for Development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
3. All approvals granted after the effective date of this Chapter shall confer upon the applicant all the rights set forth in this Chapter.
Upon adoption of this Ordinance, and any amendments thereto, the Township Clerk shall file a copy of this Ordinance and any amendments thereto with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any Zoning Ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board.
[Ord. No. 95-2406; Ord. No. 97-2495; Ord. No. 98-2529; Ord. No. 2001-2610; Ord. No. 2006-2869; Ord. No. 2009-2953 § 1]
Fees for applications or for the rendering of any services by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs shall be as provided herein.
A. Nonrefundable Application Fees.
The developer shall, at the time of filing any application for development, any application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change and/or any request for amendment of the Master Plan, pay the following nonrefundable fees to the Township, by corporate check, attorney escrow check, certified check, bank money order, or if under one thousand ($1,000.00) dollars by personal check, except that any application, in which low to moderate income dwelling units are to be constructed within the development, may not have to pay fees for the low and moderate income dwelling units. All other fees shall apply. The nonrefundable fees set forth in Subsection A are to cover administrative expenses. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. 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. An application will not be considered complete until all required fees are paid, or waivers from same are obtained.
1. Subdivision.
a. Informal review: $100.00.
b. Minor subdivision, amended minor subdivision: $700.00.
c. Preliminary plat, amended preliminary plat: Major: $2,000.00 plus $50.00 per lot.
d. Final plat, amended final plat: $1,000.00.
e. Request for extension of time: $250.00.
f. Performance and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in Sections 16-415 and 16-416 (performance guarantees) and Section 16-423 (maintenance guarantees).
2. Site Plan.
a. Informal review: $100.00.
c. Preliminary major site plan, amended preliminary major site plan:
(1) Residential: $1,000.00 plus $50.00 per unit.
(2) Commercial/Industrial: $1,500.00, plus per affected lot area and new gross floor area, as follows:
(a) From 0 to 2,500 square feet: $0.20 per square foot.
(b) From 2,501 to 20,000 square feet: $0.15 per square foot.
(c) From 20,001 and up: $0.10 per square foot.
(3) Where more than one (1) tenant may be on one (1) lot, the fee shall be based on the square footage of gross floor area devoted to that tenant's use.
d. Final major site plan, amended final major site plan: 50% of the preliminary site plan fee, if filed separately; 25% of the preliminary site plan fee if filed with the preliminary.
e. Request for extension of time: $250.00.
f. Performance and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in Sections 16-415 and 16-416 (performance guarantees) and Section 16-423 (maintenance guarantees).
3. Planned Development.
a. General development plan (GDP): $100.00, plus $10.00 per dwelling unit and $0.10 per square foot of nonresidential gross floor area.
(1) Residential.
(a) $400.00 per unit from one to 10 units, plus $15.00 per unit from 11 to 100 units, plus $8.00 per unit from 101 to 500 units, plus $5.00 per unit from 501 to 1,000 units, plus $3.00 per unit for 1,000 units or more.
(b) Minimum fee: $400.00.
(2) Other uses.
(a) $200.00 per acre for lots to be occupied by a building or $30.00 per 1,000 square feet of gross floor area of all proposed buildings, whichever is greater, plus $10.00 per acre of common property or open space lands.
(b) Minimum fee: $600.00.
(3) Proposals containing a mixture of uses shall have a total fee equal to the sum of the applicable portions of the fee schedule. Any changes to a plan during its review for either tentative or final approval resulting in more dwelling units or greater areas for nonresidential uses shall require the submission of additional fees computed from the preceding schedule.
c. Final plat, amended final plat: 50% of the preliminary fee.
d. Request for extension of time: $250.00.
e. Performance and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in Sections 16-415 and 16-416 (performance guarantees) and Section 16-423 (maintenance guarantees).
4. Variances.
a. Hear and decide appeals (N.J.S.A. 40:55D-70a): $250.00.
b. Interpretations (N.J.S.A. 40:55D-70b): $250.00.
c. Pursuant to N.J.S.A. 40:55D-70c, "c" variance: $100.00 each in conjunction with site plan or subdivision approval; $250.00 for one (1) variance without site plan or subdivision approval, plus $75.00 for each additional variance.
(1) Residential: $500.00 for up to 10 dwelling units; $50.00 per unit for greater than 10 units.
(2) Other uses: $500.00 per acre.
e. Building permit in conflict with the Official Map or building permit for a lot not related to a street: $250.00.
f. Request for extension of time: $250.00.
5. Other.
a. Conditional use approval: $350.00.
b. Application or permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35: $250.00.
c. Request for Master Plan amendment: $500.00.
d. Subdivision approval certificate: $50.00 per certificate.
e. Certificate of non-conformity (N.J.S.A. 40:55D-68): $100.00 per certificate.
f. Application for development permit: $50.00 per permit.
6. Preparation by the authorized officials of the list of property owners to be served with notice. Twenty-five ($25) cents per name or $10.00, whichever is greater, shall be charged for each list.
7. GIS update fees on certain development applications shall be payable by corporate check, attorney escrow check, certified check, bank money order, or if under $500.00 by personal check.
a. Subdivision: minor, amended minor: $150.00.
b. Subdivision: preliminary major, amended preliminary major: $500.00, plus $15.00 per lot.
c. Subdivision: final plat, amended final: $500.00.
d. Site plan: minor, amended minor: $250.00 It is noted that when a minor site plan application involves more than one (1) tenant on one (1) lot, the GIS update fee shall be based on the square footage of gross floor area devoted to each tenant's use.
e. Site plan: residential preliminary major, amended preliminary: $500.00, plus $5.00 per unit for one to 11 units; $4.00 per unit for 12 to 100 units; and $2.00 per unit over 100 units.
f. Site plan: nonresidential preliminary major, amended preliminary: $500.00, plus $0.05 per square foot for zero to 2,500 square feet; $0.04 per square foot for 2,501 to 20,000 square feet; and $0.005 over 20,000 square feet. It is noted that when a nonresidential preliminary major or amended preliminary site plan application involves more than one tenant, the GIS update fee shall be based on the square footage of gross floor area devoted to each tenant's use.
g. Site plan: final major, amended final major: 50% of the preliminary site plan GIS update fee if filed separately; 25% of the preliminary site plan GIS update fee if filed with the preliminary.
h. Planned development: general development plan (GDP): $100., plus $5.00 per dwelling unit (DU), plus $0.05 per square foot of nonresidential gross floor area.
i. Planned development: residential preliminary plat, amended preliminary: $50.00 per DU for one to 10 DUs, plus $7.00 per DU for 11 to 100 DUs, plus $5.00 per DU for 101 to 500 DUs, plus $3.00 per DU for 501 to 1,000 DUs, plus $2.00 per DU over 1,000 DUs. The minimum GIS update fee is $100.00.
j. Planned development: nonresidential preliminary plat, amended preliminary: $50.00 per AC for lots to be occupied by a building or $15.00 per 1,000 square feet of gross floor area of all buildings, whichever is greater, plus $10.00 per AC of common property or open space lands. The minimum GIS update fee is $150.00.
k. Planned development: final plat, amended final: 50% of the preliminary surcharge.
l. Conditional use: $250.00.
m. Dimensional or "c" variance: $50.00 for each variance in conjunction with a site plan or subdivision; $25.00 for each variance without site plan or subdivision.
n. Use or "d" variance: residential: $250.00 for one to 10 DUs and $10.00 per DU over 10 DUs.
p. In no event shall the total GIS update fee for any application exceed $5,000.00.
B. Escrow Fees. The Planning Board and/or Zoning Board of Adjustment shall require escrow deposits in accordance with the provisions of this section. The escrow deposit is established to cover the cost of professional services, rendered by outside consultants and/or staff employees, including but not limited to engineering, planning, legal, traffic, environmental, health and other expenses. 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 review by outside consultants when an application is 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 any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development.
1. Subject to the provisions of Subsection B.,2. herein below, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sums to be held in escrow in accordance with the provisions hereof:
a. Applicable Escrows.
(1) Subdivision.
(a) Informal review if professional review requested: $2,000.00.
(b) Minor subdivision: $2,500.00, plus $25.00 per lot.
(c) Preliminary major plat: $3,000.00, plus $150.00 per lot.
(d) Final plat: $1,500.00, plus $25.00 per lot.
(e) Amended minor, amended preliminary major and/or amended final major subdivision plat: 75% of original fee and $150.00 per lot. [Ord. No. 2010-2998].
(f) Request for extension of time: $500.00.
(2) Site plan.
(a) Informal review if professional review is requested: $2,000.00.
(b) Minor site plan: $1,500.00 minimum, plus $2.50 per square foot of building area, or for residential uses, $250.00 per unit. When no building improvements are proposed, the required escrow fee shall be $1,000.00 minimum, plus $1.50 per square foot of proposed lot improvements. [Ord. No. 2010-2998]
(c) Preliminary major site plan.
(i) Residential: $1,000.00 per affected residential acre, plus $10.00 per dwelling unit.
(ii) Other uses: $1,500.00 per affected acre, plus $0.25 per square foot of site area being disturbed and/or modified. [Ord. No. 2010-2998].
(d) Final site plan: 75% of preliminary fee if filed separately, or 50% if filed with preliminary. [Ord. No. 2010-2998]
(e) Amended minor, amended preliminary and/or final major site plan: 75% of original fee.
(f) Request for extension of time: $500.00.
(3) Planned development.
(a) General development plan (GDP): $7,500.00, plus fees provided below.
(b) Preliminary residential plat: $500.00 per affected acre, plus $25. per dwelling unit.
(c) Other uses: $1,000.00 per affected acre being disturbed and/or modified.
(d) Final plat: 50% of the escrow required for a preliminary plat.
(e) Amended GDP, preliminary or final plat: 75% of original fee.
(f) Request for extension of time: $1,000.00.
(4) Other.
(a) Appeals (N.J.S.A. 40:55D-70a): $1,500.00.
(b) Interpretations (N.J.S.A. 40:55D-70b): $1,500.00.
(c) Pursuant to N.J.S.A. 40:55D-70c "c" variance: $500.00. [Ord. No. 2010-2998]
(e) Application or permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35: $500.00.
(f) Conditional use: $1,500. [Ord. No. 2010-2998]
(g) Request for Master Plan amendment: $3,000.00.
(h) Change of use (no site improvements): $1,000.00.
(i) Request for extension of time for items in this subsection: $500.00.
(j) Certificate of nonconformance (N.J.S.A. 40:55D-68): $750.00. [Ord. No. 2010-2998]
2. Review.
a. Within forty-five (45) days after the filing of an application for development with the Planning Board or Zoning Board of Adjustment, as the case may be, the Middletown Township Planner or his/her designee, in collaboration with the Middletown Township Engineer and in conjunction with appropriate representatives of the staff of Middletown Township, shall review said application for development to determine whether the escrow amount set forth above is adequate. In conducting said review, the following criteria shall be considered:
(1) The presence or absence of public water and/or sewer servicing the site.
(2) Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(3) The traffic impact of the proposed development.
(4) The impact of the proposed development on existing aquifer and/or water quality.
3. No application for development shall be deemed complete until such time as the applicant shall have posted with the Township of Middletown via corporate check, attorney escrow check, certified check, bank money order, or personal check if under one thousand ($1,000.00) dollars, in the amount of the escrow deposit determined by the Planning Board and/or Zoning Board of Adjustment to be required in accordance with the provisions of this article.
4. Billing procedures; vouchers; responsibilities of Chief Financial Officer.
a. The Chief Financial Officer of the Township 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 P.L. 1975, c. 291 (N.J.S.A. 40: 55D-1 et seq.).
b. The Township or approving authority shall not bill the applicant, nor charge any escrow account or deposit authorized for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in subsection B.,8., nor shall a municipal professional add any such charges to his bill.
c. 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 for each date the service is performed, the hours spent to one-quarter (1/4) hour increments, the hourly rate and the expenses incurred.
d. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Township.
e. If the services are provided by a Township employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.
f. 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. 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 accumulative balance of the escrow account.
g. This information shall be provided on a quarterly basis, if monthly charges are one thousand ($1,000.00) dollars or less or on a monthly basis if monthly charges exceed one thousand ($1,000.00) dollars.
h. 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.
i. In order for work to continue on the development or the application, the applicant shall, within a reasonable period of time, post a deposit to the account in an amount to be agreed upon by the Township 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.
5. The officer shall deposit all funds pending completion and review of the development application. Said moneys shall be placed in an interest-bearing account. In the event that a refund is to be made to the applicant, the municipality shall refund with interest said amount within thirty (30) days from the date of final approval.
6. If, as a result of revisions to development plans and/or related submitted materials and/or resubmissions of applications and/or other justifiable reasons, either before or after Board approval, the escrow deposit is either partially or totally depleted and additional escrow deposits are deemed necessary by the Director of Planning, the applicant shall submit the following additional escrow deposit guideline sum: fifty (50%) percent of the guideline sums originally applicable. The Director of Planning, in collaboration with the Township Engineer and in conjunction with appropriate representatives of the staff of Middletown Township, shall review said development application to determine whether the additional escrow sum set forth above is adequate. In conducting such review, the Director of Planning shall consider the criteria utilized.
7. Reserved.
8. Actual Fees and Charges.
a. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed two hundred (200%) percent of the sum of the products resulting from multiplying the hourly base salary which shall be established annually by ordinance of each of the professionals by the number of hours spent by the professional on review of the application for development or inspection of the developer's improvements, as the case may be. The term municipal professional shall include those professionals retained at the outset of each calendar year to provide the additional manpower necessary to supplement the in-house professional staff. In the case of such outside professionals hired to provide the necessary in-house manpower, the charge shall be the rate set forth in the resolution awarding the contract to the professional.
b. For all other outside professionals and consultants, the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
c. The fees or charges shall be based upon the following schedules:
(1) For outside professionals retained to supplement the in-house manpower, the rate shall be in accordance with the resolution of the Township Committee awarding the contract.
(2) For all other outside consultants and professionals, the rates shall be established by resolution of the approving authority.
(3) For all staff and in-house professionals, the rates shall be in accordance with the formula delineated hereinabove.
9. Close-Out Procedures.
a. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291, 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 as provided in § 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) in the case of improvement inspection escrows and deposits.
b. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the approving authority, and to the relevant municipal professional, that the application or improvements, as the case may be, are completed.
c. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within thirty (30) days and shall send a copy simultaneously to the applicant.
d. The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-four (45) days of receipt of the final bill.
e. Any balances remaining in the deposit or escrow accounts, including interest in accordance with § 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.
10. Miscellaneous.
a. 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.
b. 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 request for modification or amendment made by the applicant.
c. 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.
d. Inspection fees shall be charged only for actual work shown on a subdivision or site plan as 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 work and such inspections shall be reasonably based on the approved development plans and documents.
e. If the municipality retains a different professional or consultant in the place of the professional originally responsible for development of application review or inspection of improvements, the Township 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 Township or approving authority shall not bill the applicant or charge the deposit or escrow account for any such services.
11. Appeal process.
a. An applicant shall notify in writing the Governing Body with copies to the Chief Financial Officer, the approving authority and professional whenever the applicant disputes the charges made by a professional for services rendered to the municipality 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.).
b. The Governing Body, or its designee, shall within a reasonable period of time attempt to remediate any disputed charges.
c. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to Section 15 of P.L. 1991, c. 256 N.J.S.A. 40:55D-53.4).
d. An applicant or his authorized agent shall submit the appeal in writing to the Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township Committee, approving authority and any professional whose charge is the subject of the appeal.
e. An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher required herein, 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 sixty (60) days from the receipt of the municipal statement of activity against the deposit or escrow account required as delineated herein above.
f. 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.
g. The Construction Board of Appeals shall hear the appeal, render a decision thereon and file its decision with the statement of the reasons therefore with the municipality or approving authority not later than ten (10) business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant.
h. 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 applicant making the appeal, the Township Committee, the approving authority and the professional involved in the appeal.
i. 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.
j. The Construction Board of Appeals shall provide rules for its procedure in accordance with this section. The Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
k. 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 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 section.
l. 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.
m. 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.
n. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
C. Refundable Inspection Fees. The obligor shall reimburse the Township for all reasonable inspection costs paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments which the reasonably anticipated fees are less than ten thousand ($10,000.00) dollars, the fee may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonable anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall deposit the remaining fifty (50%) percent of the reasonably anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, the fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of twenty-five (25%) percent of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
The Township shall make all of the payments to professionals for services rendered to the Township 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. If the Township requires of the developer a deposit toward anticipated Township expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred. The Township shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter the Township upon written request, shall provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the Township, the charge to the deposit shall not exceed two hundred (200%) percent of the sum of the products resulting from multiplying: (1) the hourly base salary of each of the professionals by (2) the number of hours spent by the respective professional on review of the application for development or the developers improvement, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the Township.
D. Miscellaneous Fees.
1. Review of Environmental Impact Report: $500.00.
2. Application for special event permit and signage: $10.00.
3. Special fee for meetings held by the Planning Board or Zoning Board of Adjustment at the request of the applicant: $2,500.00.
4. Tax Map Revision Fees. A fee of fifty ($50.00) dollars plus ten ($10.00) dollars per lot or unit shall be charged for all minor and major subdivision, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Township's Official Tax Map. This fee shall be paid prior to the signing of the final plat of a major subdivision by the Chair, Secretary of the Planning Board and Township Engineer.
5. Floodplain Encroachment Permit Application: $250.00.
6. Grading permit application for engineering review of individual plot house location/grading plans for fill over ten (10) cubic yards: $250.00. [Ord. No. 2010-2998]
7. Environmental Disturbance Fund.
a. There is hereby created an Environmental Disturbance Fund to be maintained by the Township's Chief Financial Officer for the purposes described herein.
b. For each square foot of gross floor area of each single-family or two-family structure approved pursuant to a major subdivision or major site plan, the applicant, developer or owner, as the case may be, shall contribute the sum of 3.5 cents per square foot of gross floor area of each such residential structure.
c. For each square foot of gross floor area of all professional, commercial, industrial and multi-family structures, the applicant, developer or owner, as the case may be, shall contribute the sum of $.05 cents per square foot of gross floor area of each such structure.
d. The monies collected pursuant to this section shall be administered through the Environmental Disturbance Fund and shall be utilized, at the discretion of the Township, for landscaping, shade tree planting replacement and maintenance, and directly related activities throughout the Township.
e. Fees authorized by this section shall be payable upon issuance of building permits and shall be based upon calculations of the Township Planner or Township Engineer, as the case may be.
8. Trust Account for Sidewalk Contribution. When contributions to the Trust Account for Sidewalk Construction are required by Section 16-633A, the fee shall be paid prior to issuance of a building permit and shall be based upon the following:
a. Minor Subdivision: $250.00 per lot.
c. Use Variance; or Undersized Lot Variance Resulting in a New Single Family Dwelling: $250.00 per lot.
d. Major Site Plan or Major Subdivision: An amount equal to fifty (50%) percent 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 Township Engineer based upon typical costs at the time.
In the case of an application requiring multiple approvals, the applicant shall be required to pay only the greater of the individual fee amounts.
