The amount of fees to be paid to the Borough in connection with an application under this Chapter shall be governed by the following schedule:
a. Subdivision Approval.
1. Minor Subdivision Applications (Three (3) or Less Lots with No Improvements):
(b) Application fee $ 25.00
(c) Plan review fee (per lot) $100.00
2. Major Subdivision Applications:
(a) Each informal review $300.00 plus $50.00 per lot
(b) Preliminary application fee $500.00
(c) Preliminary plat review fee (per lot) $200.00
(d) Final plat application fee $400.00
(e) Final plat review fee (per lot) $100.00
b. Site Plan Approval.
1. Each informal review $300.00
2. Preliminary application fee $300.00
3. Preliminary approval fees: (a) Residential:
(1) For each new dwelling unit, add $25.00
(2) For each remodeled, reconstructed, refurbished or rehabilitized dwelling unit, add $15.00
(3) For each new or additional parking space:
(A) First one hundred (100) spaces, add $25.00
(B) Over one hundred (100) spaces, add $10.00
(4) For each reconstructed, surfaced or improved existing paved parking space, add $5.00
(b) Other uses. The sum of $100.00 plus:
1. For each full one thousand (1,000) square feet of lot area $20.00
2. For each full five hundred (500) square feet of proposed new gross floor area $20.00
3. For each proposed new or additional parking space $25.00
4. For each one thousand (1,000) square feet of remodeled existing gross floor area $10.00
5. For each reconstructed, resurfaced or improved existing paved parking space $15.00
6. For each proposed freestanding sign $50.00
(c) Final approval: Fifty (50%) percent of the fees for preliminary approval noted above.
c. Variances.
1. Appeals:
(a) Single family residential uses $35.00
(b) Other $75.00
2. Interpretation of the zoning regulations or map $50.00
3. Hardship or bulk variance (40:55D-70c or d) for single-family residential uses:
(a) Per variance $25.00
(b) Minimum $75.00
4. Use Variance:
(a) Proposed single-family residential uses $100.00
Plus site plan cost as required.
(b) Other $500.00
Plus site plan cost as required.
5. Conditional uses $250.00
Plus site plan cost as required.
d. The above application fees and charges are nonrefundable and are for purposes of offsetting administrative and clerical costs, exclusive of the legal, planning, engineering and other professional fees, costs and expenses which may be incurred and which are provided for hereinafter.
e. Any other application, including extensions of preexisting approvals: two hundred ($200.00) dollars plus site plan costs as required.
f. Resubmission Fee. The fee required will be one-half (1/2) of the original fee for such type of application, unless the work involved is minor. In that event, the Board can consider a reduction of the resubmission fee upon the recommendation of the Administrative Officer that the fee proposed for the resubmission is excessive in light of the work involved in reviewing the resubmission.
g. Tax Map Revision Fees. A fee of fifty ($50.00) dollars or ten ($10.00) dollars per lot, whichever is greater, shall be charged for minor subdivisions and final plats of major subdivisions to the Borough Tax Map.
h. Stenographic Fee. An initial fee of one hundred seventy-five ($175.00) dollars per application shall be paid as reimbursement to the appropriate Board for stenographic services. In the event additional stenographic fees are incurred, the fees will be billed against the escrow deposit on an as-billed basis. (Ord. #513; Ord. #0-97-16, S 4; Ord. #O-04-19)
In addition to the payment of the nonrefundable fees and charges, applications for site plan, use variance, bulk variance, requests for interpretations of the Zoning Ordinance, appeals from the Zoning Officer's decision or denial, concept plan or subdivision approval, which meet the criteria established herein, shall be accompanied by a deposit of escrow funds in accordance with the provisions of this subsection. The fees required by schedule set forth below shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses of professional consultants retained by or on behalf of the Borough, its boards, commissions or agencies in reviewing and testifying and/or assisting the Borough in the processing of applications pursuant to the zoning and land use ordinances and/or assisting the Borough in evaluation, planning and proper design of municipal services and facilities in order to meet the needs of the proposed project and for on-site inspections related thereto. The fees required by the schedule shall be deposited with the Borough at the time the initial development documents are submitted and shall remain in an interest bearing escrow fund. Whenever the amount of the fees paid to the Borough pursuant to the schedule with the Borough by the applicant/developer shall exceed five thousand ($5,000.00) dollars, the Borough shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds one hundred ($100.00) dollars per annum, that entire amount shall belong to the applicant/ developer and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Borough may retain for administrative expenses not more than thirty-three and one-third (33 1/3%) percent of that entire interest amount. All costs, expenses, charges and fees incurred by the Planning Board, Board of Adjustment, Borough or other board, commission or agency of the Borough for the services of the Planner, Engineer, Attorney, other professional consultant, expert, employee or staff incurred as a direct result of the developer's project shall be charged to this escrow fund. Within forty-five (45) days after the filing of an application for development, the Planning Board and/or Board of Adjustment may, in conjunction with appropriate representatives of the staff of the Borough, review the application for development to determine whether the escrow amount set forth in the schedule is adequate. In conducting such review, the Board shall consider the following criteria:
a. The presence or absence of public water and/or sewer servicing the site.
b. Environmental considerations, including but not limited to geological, hydrological and
c. Traffic and/or noise impact of the proposed development.
d. Impact of the proposed development on existing aquifer and/or water quality.
e. Nature and extent of required landscaping and other improvements.
If upon the review within the forty-five (45) day period the Board shall determine that the escrow amount set forth in the schedule is sufficient, excessive or insufficient, the Board shall determine the amount required to be posted in light of the criteria specified herein.
Prior to an application being determined complete, the applicant shall post the required escrow amount as set forth in the schedule, or, if the Reviewing Board has otherwise determined that a different amount should be posted, the amount of escrow provided for the Board, with the Borough Treasurer in the form of cash, certified check or money order.
If during the pendency of an application, the amount of escrow has been depleted to twenty (20%) percent of the original escrow amount, the Borough Treasurer shall notify the appropriate board. The Board shall again evaluate the application, as provided for above, and notify the Borough Treasurer and the applicant/developer of any additional escrow deposit required. The applicant/developer shall immediately deposit the additional escrow amount with the Borough Treasurer and notify the appropriate board that the required deposit has been made. In the event that it is necessary for a board to take action on an application prior to the additional escrow deposit being made, any approval shall be conditioned upon the escrow deposit being made.
All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for said application. All charges for employee and staff time shall specify the services performed and the amount of time related to an application in performing such services. The unit (i.e. per diem or hourly fee) of the professional, expert, employee or staff, shall be in accordance with the unit charges, contracted for by the appropriate board or with the Borough or as prescribed by the salary ordinance of the Borough of West Long Branch.
Upon request of an applicant/developer, the Borough Treasurer shall furnish the applicant with a statement of all disbursements made during the development review process.
All escrow funds not expended shall be refunded to the applicant within sixty (60) days after the appropriate board, agency or official has taken final action of the application, signed all required maps or after a withdrawal or dismissal of an application. (Ord. #513)
The following schedule shall apply to all development applications, including variances, before the Planning Board or Zoning Board of Adjustment, and fix the escrows required to be posted for each type of application.
(Ord. #513; Ord. # O-04-19; Ord. #O-10-4)
All fees shall be paid before an application is heard. In the case of applications involving staged development the fees may be prorated in accordance with the relative size the stage under construction bears to the development as a whole. (Ord. #513)
Whenever a public hearing is required on an application by statute or by ordinance, the applicant shall pay the cost of such legal notices which are required to be given and the cost of the preparation of a stenographic record of any such hearing. (Ord. #513)
