Fees to be charged (1) An applicant for review of an application for development by a Municipal Agency, and (2) An appellant pursuant to the Municipal Land Use Law shall be as follows (Ord #2-77, 19-1 4)

Prior to the consideration of an application by the Planning Board, under the terms of this Article, the applicant shall have paid a fee as established by the following schedule

a. Site Plans. At the time of filing an application for site plan approval, the applicant shall pay to the Township of Denville an application fee and review fee deposit and prior to the commencement of construction an inspection fee deposit as set forth below:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 9-2000.

1. Preliminary Site Plan. Five ($5.00) dollars per one thousand (1,000) square feet of lot area or part thereof plus five ($5 00) dollars per one hundred (100) square feet of proposed gross building floor area or part thereof

Wireless telecommunications installations where a new tower is proposed: One Thousand Dollars ($1,000.00).

Wireless telecommunications installations where anew tower is not proposed: Four Hundred Dollars ($400.00)

**Webmaster's Note: The previous two sentences have been added as per Ordinance No. 3-99.

2. Site Plan Resubmission Each resubmission of site plan previously withdrawn by applicant or disapproved by the Planning Board New application fee

3. Site Plan Revision There shall be no fee for the first revision The fee for all subsequent revisions shall be ten (10%) percent of the original application fee, provided, however, that the Planning Board may waive the fee in such cases where the Planning Board has recommended changes not specifically required by the Article

4. Inspection Fee. For inspection of the site plan by the Township Engineer to insure compliance, the applicant shall, prior to the commencement of the construction, pay over to the Township by certified check an amount calculated in accordance with Section 19-4.100 1.f of this Chapter.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 9-2000.

5. Final Site Plan Two ($2 00) dollars per one thousand (1,000) square feet of lot area or part thereof plus two ($2 00) dollars per square foot of proposed gross building floor area or part thereof

A. Multi-family Preliminary Site Plan. $1,200.00, plus $50.00 per unit.

B. Multi-family Final Site Plan. $500.00, plus $50.00 per unit.

**Webmasters Note: The previous subsections, A. and B., have been added as per Ordinance No. 6-01.

6. Review Fee Deposit.

(a) Concept plan: Four hundred twenty-five dollars ($425.00) per acre or fraction thereof for the first two (2) acres plus fifty dollars ($50.00) for each additional acre or fraction thereof.

(b) Preliminary conventional site plan: One thousand five hundred dollars ($1,500.00) per acre or fraction thereof for the first two (2) acres plus one hundred fifty dollars ($150.00) for each additional acre or fraction thereof. Note: If the site plan involves only a portion of a site or is otherwise of a relatively minor nature, the review fee deposit shall be based on the site area impacted, as determined by the Township Engineer, provided, however, that the minimum review fee shall be based on an area not less than one acre.

(c) Preliminary site plan for multifamily housing development: seventy-five dollars ($75.00) for each living unit.

(d) Final site plan for multifamily housing development: fifty percent (50%) of the preliminary site plan review fee deposit.

(e) Final conventional site plan: Fifty percent (50%) of the preliminary site plan review deposit.

**Webmasters Note: The previous subsection, a.6., has been amended as per Ordinance No. 9- 2000.

b. Minor subdivisions. At the time of filing and application for minor subdivision approval, the applicant shall pay to the Township of Denville an application fee and review fee deposit and prior to the commencement of construction an inspection fee deposit as set forth below:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 9-2000.

1. Lot Line Removals Five ($5.00) dollars

2. All Minor Subdivisions, One hundred ($100 00) dollars minimum application fee plus twenty ($20 00) dollars additional fee for each lot in the proposed subdivision

3. Each Resubmission for a Minor Subdivision. One hundred ($100 00) dollars application fee

4. Review fee deposit. The initial deposit for review fees shall be four hundred dollars ($400.00) per lot.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 9-2000.

c. Preliminary Plat. At the time of filing an application for preliminary approval, the applicant shall pay to the Township of Denville an application fee and review fee deposit and prior to the commencement of construction an inspection fee deposit as set forth below:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 9-2000.

1. Preliminary Plan Submission Four hundred ($400 00) dollars minimum application fee plus fifty ($50 00) dollars additional fee for each lot shown on plat,

2. Resubmission of Preliminary Plat. New application fee.

3. Revision of a Preliminary Plat There shall be no fee for the first revision The fee for all subsequent revisions shall be ten (10%) percent of the original application fee. Provided, however, that the Planning Board may waive the fee in such cases where the Planning Board has recommended changes not specifically required by the Article

4. Inspection Fee. The applicant shall, prior to commencement of the construction, pay over to the Township by certified check and amount calculated in accordance with Section 19-4.100 1f. of this Chapter.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 9-2000.

5. Review Fee Deposit.

(a) Concept plan. For review of a concept plan a fee of two hundred fifty dollars ($250.00) plus twenty-five dollars ($25.00) per lot.

(b) Preliminary plat. The initial deposit for review fees shall be eight hundred dollars ($800;00) per lot for the first five (5) lots plus two hundred dollars ($200.00) for each additional lot within the proposed subdivision.

**Webmasters Note: The previous subsection, c.5., has been added as per Ordinance No. 9- 2000.

d. Final Plat. At the time of filing an application for final approval, the applicant shall pay to the Township of Denville an application fee and review fee deposit and prior to the commencement of construction and inspection fee deposit as set forth below:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 9-2000.

1. Final Plat Submission. Three hundred ($300 00) dollars minimum application fee plus fifty ($50.00) dollars additional fee for each lot shown on plat

2. Resubmission of Final Plat. Three hundred ($300.00) dollars provided that resubmission is filed within three (3) years of preliminary approval.

3. Review Fee Deposit. The initial review fee deposit shall be fifty dollars ($50.00) for each lot within the final plat of the subdivision.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 9-2000.

e. Certificate of approval fee shall be in accordance with the schedule of fees for searches prescribed by R S. 54.5-14.

f. When an applicant has been notified in writing that an application is so incomplete or improperly prepared to render it unsuitable for Board review, it will be returned to the applicant and twenty percent (20%) of the application fee will be retained by the Township. The balance of the application fee and the inspection fee deposit will be returned to the applicant. The review fee deposit will be returned after the receipt of all vouchers from the professionals pursuant to Section 19-1.403k.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 9-2000.

g. All applications filed with the Planning Board which include an application for a variance under L. 1975 c. 291, section 57c. (N.J.S.A. 40:55D-70c), shall pay an additional review fee in an amount calculated pursuant to Section 19-1.402.f. for an application to the Board of Adjustment.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 9-05.

The following schedule of fees shall be paid to the Township in connection with matters before the Board of Adjustment, such payment to be made to the Township Clerk prior to the time that an application is filed with the Board of Adjustment

a. All proceedings under L 1975, c 291, section 57a (N.J.S.A 40 55D-70a) to bear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance - one hundred ($100 00) dollars

b. All proceedings under L. 1975, c 291, section 57b, (N.J.S.A. 40 55D-70b), to hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which the Board of Adjustment is authorized to pass - one hundred fifty ($150.00) dollars

c. All applications for a variance under L 1975 c 291, section 57c, (N.J.S.A 40 55D-70c), where the property involved lies within a residential zone - seventy-five ($75.00) dollars

All applications for a variance under L 1975, c 291, section 57c, (N.J.S.A. 40:55D-70c), where the property involved lies within a zone other than a residential zone - one hundred fifteen ($115 00) dollars

d. All applications for a variance under L 1975, c. 291, section 57d (N.J.S.A 40:55D-70d) - three hundred twenty-five ($325 00) dollars

e. All applications to direct the issuance of a permit pursuant to N.J.S.A. 40.55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40-65D-32 and all applications to direct issuance of a permit pursuant to N.J.S.A 40.55D-36 for a building or structure not related to a street - one hundred ($100.00) dollars

When the applicant requests that an application be carried to another meeting, then, in such an event, there shall be an additional charge of ten (10%) percent of the particular fee paid

An applicant or appellant shall provide a stenographic record of the proceedings before the Board of Adjustment, when applications are made pursuant to section 57b or section 57d The applicant or appellant shall be responsible for securing services of a Certified Shorthand Reporter who shall make and transcribe the stenographic record of the proceedings. Cost of the same shall be borne and paid for by such applicant or appellant and the Board shall be provided with a copy of the transcript without cost to the Board. In the event an applicant or appellant desires a stenographic record of any other proceedings before the Board of Adjustment, he shall be responsible for securing the services of a Certified Shorthand Reporter who shall make and transcribe a stenographic record of the proceedings, with cost of same to be borne by the applicant or appellant and free copy provided to the Board (Ord #2-77, 19-1A02)

f. Review Fee Deposit. The review fee deposit for a use variance application shall be $500; for a hardship variance $250.00 and for all other applications shall be determined as follows: When the Zoning Board of Adjustment determines that expert consultants and/or other professional services are necessary in conjunction with an application, the Secretary of the Board shall send one (1) copy of the complete application to such expert consultant and/or professional whose services are deemed necessary by the Board.. Within fourteen (14) days of receipt of the same, the professionals shall submit an estimate of funds sufficient in amount to undertake technical reviews and findings of fact relative to the application. The initial review fee deposit shall be equal to the estimate submitted by the professionals.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 9-2000.

a. Inspection and review fee deposits. The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with §91-1.403b in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Township and approved by the Council by resolution, which schedule shall be maintained in the office of the Municipal Clerk for public inspection.

1. Inspection fees for required improvements. Prior to the start of construction, an inspection fee deposit shall be paid to the Township in accordance with Section 19-4.1011f. The Township Engineer shall not perform any inspection except required health and safety inspections if sufficient funds to pay for those inspections are not on deposit.

2. Review fee deposits. In addition to the filing fees or any other fees required in this section, an applicant shall file with the Township, at the time of filing an application, a review fee deposit to cover the costs incurred for reviewing applications for development, review and preparation of documents and other actual out-of-pocket costs incurred pertaining to the application by planners, attorneys and any other professional or experts employed by the Township on a consultant basis whose services are deemed necessary to report upon the application and its compliance with Township ordinances and codes. Such expenses may involve extensive studies of applications and testimony by experts, consultants or other individuals, including engineering, land use, planning and environmental consultants or expenses incurred in connection with holding special meetings, including attorneys fees. The township agency shall not process and/or take action on the application unless all review fees and deposits required herein shall have ben paid by the applicant.

b. No review fee deposit or inspection fee deposit authorized under this Section shall be charged for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this Section, no shall a Township professional add any such charges to his bill.

c. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed two hundred percent (200%) 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 upon review of the application for development or inspection of the developers 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 Township when fees are not reimbursed or otherwise imposed on applicants or developers.

d. Administration of inspection fee and review fee deposits.

1. Escrow accounts. Each review fee and inspection fee deposit shall be held b the Township in an individual escrow trust account (hereinafter escrow account). Whenever an amount of money in excess of five thousand dollars ($5,000.00) shall be deposited by an applicant with the Township for deposits pursuant to this section, said money, until repaid or applied to the purposes for which it is deposited, including the applicants portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Township in escrow. All interest earned and paid to the applicant shall be in conformance with P.L., 1985, c. 315.

2. Tabulation and appeal of escrow accounts.

(a) The Chief Financial Officer shall tabulate the costs of the Engineer, Planner and Attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township, for a proper review and documentation pursuant to vouchers submitted monthly by the professionals identifying the personnel performing the service, and stating the date of services were performed, the hours spent to the quarter hour increments, the hourly rate and the expenses incurred. Expenses shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications. Until charges (i.e. per diem or hourly fees, inspections or expert testimony charges) levied by the Township Engineer, Planning Consultant, Attorney or other professionals for services applied to an escrow account authorized and approved pursuant to this section may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professional which may not under this section be subject to compensation by an escrow account. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the applicant. These costs shall be deducted from the applicable escrow account and paid to the professionals by the Chief Financial Officer.

(b) 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 balances of the escrow account. This statement shall be provided quarterly, if monthly charges are one thousand dollars ($1,000.00) or less, or monthly, if monthly charges exceed on thousand dollars ($1,000.00).

(c) In the event that the funds in the escrow account should become depleted or are anticipated to become depleted prior to the completion of the application procedure and/or inspection of improvements, as the case may be, and additional funds are necessary to cover the costs of processing said application or inspecting improvements in order for work to continue on the development or the application, the applicant shall within ten (10) days of receipt of notice from the Chief Financial Officer, deposit additional funds of not less than fifty percent (50%) of the initial escrow deposit amount. In order to expedite the processing of applications by the Township agency, the Chief Financial Officer shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as insufficiency of funds becomes evident or is expected. Pending receipt of the additional funds, any required health and safety inspections shall be made and charged back against the replenishment of funds.

3. Final Accounting. After the final plat or site plan has been signed, in the case of review fee accounts, or after the improvements have been approved by the Council, in the case of inspection fee deposits, the applicant shall send written notice by certified mail to the Chief Financial Officer, the Planning Board/Zoning Board of Adjustment, the Township Engineer and other relevant professional that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within thirty (30) days with a copy to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the status of the escrow account within forty-five (45) days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.

4. Appeal. Within fifteen (15) days of any tabulations of review costs or inspection fees by the Chief Financial Officer, the applicant shall have the right to appeal said charges by so notifying the Council in writing with copies to the Chief Financial Officer, the planning Board/Zoning Board of Adjustment, and any other relevant professional provided that any additional fees or amounts required by the Planning Board/Zoning Board of Adjustment to be paid prior to the signing of any plat; issuance of a building permit or the inspection of any improvement must be paid by the applicant prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board/Zoning Board of Adjustment shall review the same and make a recommendation thereon to the Council within forty-five (45) days. The Council shall then decide the proper review fee to be charged, based upon information provided by both the applicant and the Planning Board/Zoning Board of Adjustment. 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 P.L. 1975, c.217, (N.J.S.A. 52-27D-187), any charged to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J. S.A. 40:55D-53.2a.

**Webmasters Note: The previous subsection, 19-1.403, has been added as per Ordinance No. 9-2000.

Zoning permit for fence or shed - $20.00.

**Webmasters Note: The previous section has been added and there are duplicate sections numbered 19-1.403 as per Ordinance No. 7-01.

(1) All fees and deposits required by the chapter shall be paid by check drawn to the order of the Township of Denville. Any check for fees in excess of two hundred fifty dollars ($250.00) shall be in the form of a certified check or bank cashiers check. Except as otherwise provided, all fees and deposits shall be paid at the time of the filing of any application or appeal and shall be submitted with the application or appeal.

(2) All permits, determinations, resolutions, decisions, certificates of occupancy or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given or decision rendered by the Planning Board, Zoning Board or Adjustment or Council, as the case may be, until proof has been submitted that all requisite fees have been paid to the Township. Furthermore, the applicant must submit proof that no taxes or assessments for legal improvements all due or delinquent on the property before the approving authority may act on an application.

(3) The payment of fees pursuant to the provisions of this chapter shall not relieve an applicant fro the payment of any other fees required by any other ordinance or provision thereof.

**Webmasters Note: The previous subsection, 19-1.404, has been added as per Ordinance No. 9-2000.

The Council, the Planning Board or the Board of Adjustment, as the case may be, may waive or reduce the fees prescribed herein in connection with applications submitted by public agencies, nonprofit volunteer organization and such other quasi-public agencies and organization as the Council or Board, as a matter of policy, may designate. The Council, the Planning Board or the Board of Adjustment, as the case may be, may also reduce fees in connection with applications under its jurisdiction when, in its judgment, the fee would be unreasonably excessive in relation in the scope of the application, the degree of professional review services required and other unusual circumstances relating to the application. No such fee shall be reduced if actual expenses of the Council or the Board exceed fifty percent (50%) of the fee herein specified, and at least ten percent (10%) of the fee herein specified shall be retained by the Township to cover administrative costs.

**Webmasters Note: The previous subsection, 19-1.405, has been added as per Ordinance No. 9-2000.