Every application for a site plan review by the Planning Board or a review or hearing before the Board of Adjustment shall be accompanied by a check payable to the Township of Liberty in accordance with the following schedule:
A. [Amended 6-3-1991 by Ord. No. 8-91; 9-8-1997 by Ord. No. 97-10] Application fee. The following application fees covering administration and overhead shall be charged to the applicant for a site plan and shall be collected by the Township Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application to the Planning Board or Board of Adjustment for approval:
(1) Preliminary site plan.
(2) Final site plan.
(3) Minor site plan.
B. [Amended 6-3-1991 by Ord. No. 8-91; 9-8-1997 by Ord. No. 97-10] Review deposit. The following deposits shall be submitted by the applicant at the time of submission of an application to the Planning Board or Board of Adjustment for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements:
(1) Preliminary site plan.
(2) Final site plan.
(3) Minor site plan.
(4) The township shall tabulate the costs of the Planning Board or Board of Adjustment and Township Engineer, Planner and Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the applicant shall pay the additional amount prior to the signing of any site plan or the release of any resolution. Failure to remit the additional required deposit within 15 days of such request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board or Board of Adjustment until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the applicant if so requested by the applicant within 120 days of the signing of the site plan.
(5) Site plan resubmission: each resubmission of a site plan previously withdrawn by the applicant or disapproved by the Planning Board or Board of Adjustment.
C. Engineering/inspection fees and costs associated with site plans.
(1) The applicant shall estimate the costs of improvements required as part of the site plan approval by the Planning Board and shall submit the same to the Township Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements.
(2) The inspection fee deposit shall be paid to the Township Clerk or such person that may be appointed as Board Secretary prior to final approval of the site plan. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant if so requested by the applicant within 120 days of the completion of the improvements.
D. List of persons within 200 feet (N.J.S.A. 40:55D-12).
E. Extension of preliminary approval.
A. Application for minor subdivision:
(1) Filing fee.
(a) The following application filing fees, covering administration and overhead, shall be charged to the subdivider for a minor subdivision and shall be collected by the Township Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application of the Planning Board for approval:
[1] Lot line adjustment not creating any additional building lot.
[2] Minor subdivision creating one or more new lots. [Amended 9-8-1997 by Ord. No. 97-10]
(b) The application fee is a flat fee to recover administrative expenses, including the initial intake of the application, the distribution of the same, and is nonrefundable. This shall include all time spent by professionals at regularly scheduled meetings. [Added 5-6-1996 by Ord. No. 96-12]
(2) [Amended 9-8-1997 by Ord. No. 97-10] Review deposit. The following deposit shall be submitted by the subdivider at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements:
(a) Lot line adjustment not creating any additional building lot.
(b) Minor subdivision creating one or more new lots.
(3) The township shall tabulate the costs of the Planning Board, Township Engineer, Planning Board Engineer, Planner and Planning Board Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the subdivider shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the subdivider if so requested within 120 days of the signing of the plat.
B. Application for major subdivision:
(1) Filing fee.
(a) [Amended 9-8-1997 by Ord. No. 97-10] The following application filing fees covering administration and overhead shall be charged to the subdivider for a major subdivision and shall be collected by the Township Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application to the Planning Board for approval:
[1] Concept plat for major subdivision.
[2] Preliminary plat for major subdivision.
[3] Final plat for major subdivision.
(b) The application fee is a flat fee to recover administrative expenses, including the initial intake of the application, the distribution of the same, and is nonrefundable. This shall include all time spent by professionals at regularly scheduled meetings. [Added 5-6-1996 by Ord. No. 96-12]
(2) [Amended 9-8-1997 by Ord. No. 97-10] Review deposit. The following deposit shall be submitted by the subdivider at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements.
(a) Concept plat for major subdivision.
(b) Preliminary plat for major subdivision.
(c) Final plat for major subdivision.
(3) Tabulation and refund of deposit. The township shall tabulate the costs of the Planning Board and Township Engineer, Planner and Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the subdivider shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of such request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the subdivider if so requested within 120 days of the signing of the plat.
C. Engineering/inspection fees and costs associated with subdivisions.
(1) The applicant shall estimate the costs of improvements required as part of the subdivision approval by the Planning Board and shall submit the same to the Township Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements.
(2) The inspection fee deposit shall be paid to the Township Clerk or such person that may be appointed as Board Secretary prior to final approval of the subdivision. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant if so requested within 120 days of the completion of the improvements.
D. Special meetings. Where a reviewing board convenes a special meeting for the purpose of hearing an application on an evening not otherwise scheduled for Planning Board business, a fee shall be paid by the applicant requesting such meeting. This fee is intended to defray the costs to the township for its professionals, including the Board Secretary, Planner, Engineer and Attorney, as well as cost attendant to the processing of such special request in conducting such special meeting. [Added 9-8-1997 by Ord. No. 97-10]
E. Tax Map maintenance fees.
[Added 2-3-2000 by Ord. No. 2000-1]
(1) The following fees shall be paid by the applicant at the time of passage of a resolution of subdivision approval by the Planning Board or the Board of Adjustment of the Township of Liberty for the cost of making updates and modifications to the Tax Maps of the Township of Liberty relating to said applications:
(a) Minor subdivision.
(b) Final subdivision.
(2) Payment of the fees required hereunder shall be an express condition of any subdivision approval granted by either the Liberty Township Planning Board or the Liberty Township Board of Adjustment, as the case may be.
Prior to the start of any site plan and/or major subdivision construction, including but not limited to clearing or grading, a separate cash performance guaranty for soil erosion and sedimentation control shall be posted. The amount of the guaranty shall be $100 per lot for subdivisions and/or $100 per building for site plans with typical soil erosion and sedimentation control problems; however, the township may require an increased amount upon receiving written recommendation from the Township Engineer citing critical soil and/or slope conditions. In the event of noncompliance with the provisions of the approved soil erosion and sedimentation control plan, the township may issue a written notice to the developer. After 72 hours have lapsed from receipt of said notice, the township shall have the option to take corrective actions and charge the cost of corrective actions against the cash performance guaranties.
A. No petition, application or other document submitted by an applicant pursuant to the terms of this Part 2 shall be considered by the Board of Adjustment or Planning Board, as the case may be, until the applicant shall have paid to the Township of Liberty, in cash, whichever of the following fees is appropriate:
(1) For each appeal seeking relief from alleged errors in any order, requirement, decision or refusal made by any administration official of the Township of Liberty in the enforcement of any land use regulation (petition for relief pursuant to N.J.S.A. 40:55D-70a). [Amended 8-1-1994 by Ord. No. 15-94]
(2) For proceedings seeking the issuance of a conditional use permit application pursuant to N.J.S.A. 40:55D-67.
(3) For proceedings seeking an interpretation of the Zoning Map or the Zoning Ordinance or decisions upon other special questions pursuant to N.J.S.A. 40:55D-70b. [Amended 8-1-1994 by Ord. No. 15-94]
(4) For proceedings seeking the granting of a variance pursuant to N.J.S.A. 40:55D-70c: [Amended 8-1-1994 by Ord. No. 15-94]
(a) For sheds under 100 square feet. [Amended 9-8-1997 by Ord. No. 97-10]
(b) For sheds under 250 square feet. [Amended 9-8-1997 by Ord. No. 97-10]
(c) For a residential lot.
(d) For a commercial lot.
(e) For an industrial lot.
(5) For proceedings seeking the granting of a use variance pursuant to N.J.S.A. 40:55D-70d. [Amended 8-1-1994 by Ord. No. 15-94; 9-8-1997 by Ord. No. 97-10]
(6) For a special meeting. [Added 8-1-1994 by Ord. No. 15-94; amended 9-8-1997 by Ord. No. 97-10]
(7) For any other proceedings other than those expressly listed above for which a hearing on an application is required.
(8) Where subdivision or site plan review, or both, are required, the above-stated fees shall be in addition to those fees required for subdivision or site plan review.
(9) The township shall tabulate the costs of the Planning Board or Board of Adjustment and Township Engineer, Planning Board Engineer, Planner and Planning Board Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the applicant shall pay the additional amount prior to the adoption of any resolution approving any variance and the signing of any site plan, subdivision plat or subdivision deed.
B. Escrow fund. Deposits or escrow funds are required in connection with subdivision and site plan applications. No additional deposits or escrow funds shall be required for variance applications.
Prior to the review of or discussion by the Planning Board of any concept plan for a development for which the applicant intends to prepare and submit a formal application for development, the applicant shall pay to the Planning Board Secretary an application and review fee, which fee shall be nonrefundable, but which fee shall be credited toward any fees required to be paid for submission of a subsequent formal application for development for the same project which was the subject of a concept plan review.
A. Prior to the review of or discussion by the Planning Board of any request for rezoning and/or amendments to the existing Township Master Plan, the applicant shall pay to the Planning Board Secretary a nonrefundable application fee.
B. In addition thereto, the applicant shall also pay a review deposit to be used to cover the cost of engineering, legal and professional planner services rendered to the Planning Board in response to such rezoning request.
C. The township shall tabulate the costs of the Planning Board, Township Engineer, Planning Board Engineer, Planner and Planning Board Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the applicant shall pay the additional amount prior to the rendering of a final decision on the request by the Planning Board. Failure to remit the additional required deposit within 15 days of request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the applicant if so requested within 120 days of the final decision by the Planning Board.
The Zoning Officer shall charge a nonrefundable fee of $10 for issuance of any zoning clearance.
[Amended 6-1-1992 by Ord. No. 15-92; 7-11-1994 by Ord. No. 12-94; 5-6-1996 by Ord. No. 96-12]
A. The escrow account is established to provide payment for technical and professional costs of the review of applications, review and preparation of documents, and are based on the fee schedule of this section.
B. No construction or disturbance of land shall be authorized until all inspection fees have been paid to the township. Verification of said payment shall be certified to by the Chief Financial Officer of the township. The applicant shall pay a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to law. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the applicant, be paid in two installments, and the initial payment deposited by the applicant shall be 50% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant had been reduced by the amount paid to the Township Engineer for inspection, the applicant shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the applicant, be paid in four installments. The initial amount deposited by the applicant shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant has been reduced by the amount paid to the Township Engineer for inspection, the applicant shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit.
**Webmasters Note: 72-36 through 72-44 have been amended by Ordinance No. 06-01 effective March 2, 2006.
C. All deposits for technical, professional review and inspection fees shall be kept in an escrow account for that purpose by the township. This account shall be managed by the Chief Financial Officer of the township, who shall administer the same in accordance with the terms of this section.
D. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the township for professional services employed by the township or the approving board to review applications for development, for municipal inspection fees in accordance with this section, the money, until repaid or applied to the purposes for which it deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided by law, shall continue to be the property of the applicant and shall be held in trust by the township. Money deposited shall be held in escrow. The township receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Chief Financial Officer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to the applicant by the township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the township may retain for administrative expenses a sum equivalent to no more than 1/3 of the entire amount which shall be in lieu of all other administrative and custodial expenses. [Amended 9-8-1997 by Ord. No. 97-10]
E. The Chief Financial Officer of the township shall make all of the payments to professionals for services rendered to the township or approving board for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under this article. Such fees or charges shall be based upon the ordinances herein. The application review and inspection charges shall be limited only to professional charges for review of applications, including review time spent at meetings of the approving board, review and preparation of documents and inspections of developments under construction and review by outside consultants when the application is of a nature beyond the scope of the expertise of the professionals normally utilized by the township. The only costs that shall be added to any such professionals or consultants include normal and typical expenses incurred in processing applications and inspecting improvements. The charges by professionals 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. The Chief Financial Officer of the township shall administer the review and escrow fees as follows:
(1) Each payment charged to a 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-fourth- hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the township on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer of the township. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the township simultaneously to the applicant. The Chief Financial Officer of the township shall prepare and send to the applicant a statement which shall include an accounting of the funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if the monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the township or approving board to perform required application reviews or improvement inspections, the Chief Financial Officer of the township shall provide the applicant with a written notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within 10 days, post a deposit to the account in an amount to be agreed upon by the township or the approving board and the applicant. With regard to review fees, if the applicant fails to make said deposit within the time prescribed herein, the approving board shall be authorized to dismiss the application without prejudice subject to the right of the applicant to seek reinstatement of said application by written notice to the Chief Financial Officer that the deposits have been posted. The application will be reinstated upon written notification by the Chief Financial Officer to the approving board that said deposits are in fact posted. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. With regard to inspection fees, the Township Engineer shall not perform any inspection if insufficient funds to pay for the inspections are not on deposit. Failure to post or maintain balances in accordance with the requirements of these sections will subject the developer to a stop-work order and/or suspension of construction permits.
(2) The applicant and Chief Financial Officer shall follow the following close-out procedures for all deposits and escrow accounts established herein. Said procedures shall commence after the approving authority has granted final approval of the development application, including completion of all conditions of said approval, and/or has signed the appropriate subdivision map or deed, or after all of the improvements have been approved. The applicant shall send written notice by certified mail to the Chief Financial Officer of the township and the approving board and to the relevant township professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the township within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the township shall render a written final accounting to the applicant on the uses to which the deposit has been put within 45 days of the receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the applicant along with the final accounting.
(3) All professional charges for review of the 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 for construction review. Fees shall be charged only in connection with the application for development presently pending before the approving authority or upon review of compliance with conditional amendments made by the applicant. The professionals 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 the state agency is necessary due to the extent of state approval on the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or 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 the work, and such inspections shall be reasonably based on the approved development plans and documents.
(4) If the township retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the township or approving board 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 board shall not bill the applicant or charge the deposit or the escrow account for any such services.
[Added 7-12-1993 by Ord. No. 12-93]
Pursuant to Chapter 43, Certificates of Compliance, a fee of twenty-five dollars ($25.) shall be paid to the municipality in accordance with an application by a property owner for a certificate of compliance inspection and certificate.
