Town of South Brunswick
New Jersey

Ordinance
ORD-2017-24

Amending and Supplementing South Brunswick Code Chapter 62, Land Use, Regarding Land Use Fees

Information

Department:LawSponsors:
Category:Zoning / Land Use Amendment

Body

WHEREAS, the Township maintains South Brunswick Code Chapter 62, Land Use, which sets forth the land use regulations within the Township of South Brunswick; and

 

              WHEREAS, the Director of Planning has recommended changes to Sec. 62-41, regarding land use fees; and

 

              WHEREAS, the Township Council believes that such changes are in the best interests of the Township;

 

              NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that:

 

I.              Sec. 62-41, Fees, of the South Brunswick Code, shall be and is hereby amended and supplemented as follows, with additions in underline and deletions in strikethrough:

 

Sec. 62-41. - Fees.

 

(a)               Every application for development shall be accompanied by a check payable to the township in accordance with the following schedule:

(1)              Subdivisions. Application charges and escrow account amounts for subdivision plats and plans shall be as follows:

Type of Plat

Application Charge

Escrow Account

Minor plat

$250.00  $400.00

$500.00 per lot  $1,500.00

Preliminary plat

 

Minimum of $2,500.00 $3,000.00 subject  to the following:

 Up to 20 lots

$350.00  $1,000.00

$325.00  $350.00 per lot

 Commencing with the 21 st lot

$350.00 $500.00

$250  $275.00 per lot

Final plat

$250.00  $1,000.00

$150.00 per lot Minimum of $1,500.00 or $175.00 per lot, whichever is greater

Concept plan or sketch plat (all fees for concept shall be a credit towards fees for review of the same application for development)

$200.00  $250.00

$500.00 per acre or portion up to and including ten acres, and the preceding fee; plus $250.00 per acre or portion over ten acres up to and including 20 acres, and the preceding fee; plus $100.00 per acre or portion over 20 acres

 

(2)               Site plans. Application charges and escrow account amounts for site plans shall be as follows:

Type of Plat

Application Charge

Escrow Account

Preliminary plan

$250.00  $1,000.00

A minimum of $3,000.00 $3,500.00 shall be deposited. Calculation of escrow fee shall be as follows: $75.00 per acre or part thereof. In addition, for residential: $5.00  $20.00 per dwelling; for nonresidential: $0.10 per square foot or part thereof of total proposed building area up to and including 20,000 square feet, and $0.07 per square foot for every additional square foot or part thereof over 20,000 square feet

Final plan

$200.00 $600.00

A minimum of $1,500.00 $2,000.00 shall be deposited. Calculation of escrow fee shall be as follows: $35.00 per acre or part thereof. In addition, for residential: $3.00  $10.00 per dwelling; for nonresidential: $0.05 per square foot or part thereof of total proposed building area up to and including 20,000 square feet and $0.03 per square foot for every additional square foot or part thereof over 20,000 square feet

Concept plan (all fees for concept shall be a credit toward fee for review of the same application for development)

$200.00  $250.00

$500.00 per acre or portion up to and including ten acres, and the preceding fee; plus $250.00 per acre or portion over ten acres up to and including 20 acres, and the preceding fee: plus $100.00 per acre or portion over 20 acres

General development

$250.00  $1,000.00

Same as the concept plan or sketch plat in subsection (a)(1) of this section.

Planned residential development

 

Minimum of $2,500.00 $3,500.00 subject to the following:

 Preliminary approval

 

 

   Up to 20 lots or units

$350.00  $1,000.00

$325.00  $350.00 per lot or unit

   Commencing with the 21 st lot

$350.00  $500.00

$250.00  $275.00 per lot or unit

 Final approval

$200.00  $1,000.00

$150.00  $175.00 per lot or unit

 

(3)               Variance, design exception, and waiver relief. Application charges and escrow account amounts for variances, design exceptions, and waiver relief shall be as follows:

Type of Relief

Application Charge

Escrow Account

Use variance (single-family dwelling) (N.J.S.A. 40:55D-70d)

$100.00

$250.00

Use variance (other than single-family dwelling) (N.J.S.A. 40:55D-70d)

$300.00  $1,000.00

$1,500.00  $2,000.00

Bulk variance for structures accessory to dwellings (e.g., pools, decks, sheds, fences)

25.00

125.00

Bulk variance (other than for residential use)

$100.00  $200.00

$200.00  $400.00

Design exception or waiver (N.J.S.A. 40:55D-51 and this chapter)

$100.00  $200.00

$150.00 $200.00 each

 

(4)               Conditional uses. Application charges and escrow account amounts for conditional uses shall be as follows:

Type of Use

Application Charge

Escrow Account

Single-family dwelling

$150.00

$ 200.00

Major subdivision

$300.00

$250.00 $350.00 per lot

Conditional uses other than single-family dwelling and major subdivision

$200.00  $300.00

$1,500.00

 

(5)               Other actions by board. Application charges and escrow account amounts for other actions by the board shall be as follows:

Action

Application Charge

Escrow Account

Appeals of Administrative Officer(N.J.S.A. 40:55D-72)

$125.00  $150.00

$250.00  $350.00

Interpretation or special questions (N.J.S.A. 40:55D-70b)

$100.00  $200.00

$250.00  $400.00

Permit (N.J.S.A. 40:55D-34 and 40:55D-35)

$200.00

$250.00

Extensions of approvals (N.J.S.A. 40:55D-49 and 40:55D-52)

$150.00  $200.00

$250.00  $400.00

Revision to previously approved land development applications

$200.00  $500.00

$500.00 per acre or portion up to and including ten acres, and the preceding fee; plus $250.00 per acre or portion over ten acres up to and including 20 acres, and the preceding fee; plus $100.00 per acre or portion over 20 acres

Rezoning request

$250.00

$2,500.00

Resubmission of revised plans, either prior to a decision or as a condition of approval

½ of original fee unless ½ of the original escrow remains unused and available in the current account

½ of original fee unless ½ of the original escrow remains unused and available in the current account

 

(6)               Appeals to township council. The application charge and escrow account amount for appeals to the township council shall be as follows:

Application Charge

Escrow Account

$100.00

$250.00

 

(7)               Certified list of property owners. The application charge and escrow account amount for a certified list of property owners shall be as follows:

Application Charge

Escrow Account

$0.25 per name or $10.00, whichever is greater

None required

 

(8)               Copy of transcripts. The application charge and escrow account amount for copies of transcripts shall be as follows:

Application Charge

Escrow Account

$1.50 per page for first copy of the page plus $0.50 per copy for each additional copy of the page

None required

 

(9)               Copy of minutes or decisions or any other documents. The application charges and escrow account amounts for copies of minutes or decisions or any other documents no larger than 11½ by 17 inches shall be as follows:

Number of Copies

Application Charge

Escrow Account

1 to 10

$0.50

None required

11 to 20

 0.25

 

21 or more

 0.10

 

 

(10)               Facsimile transmission. The application charge and escrow account amount for a facsimile transmission shall be as follows:

Application Charge

Escrow Account

$1.00 per page, including transmission sheet

None required

 

(11)               Cost of advertising. The application charge and escrow account amount for the cost of advertising shall be as follows:

Application Charge

Escrow Account

Cost of advertising

None required

 

(12)               Duplicate recording of tape recording of public meeting. The application charge and escrow account amount for a duplicate recording of the tape recording of a public meeting shall be as follows:

Application Charge (per tape)

Escrow Account

$30.00

None required

 

(13)               Registration pursuant to section 62-44. The application charge and escrow account amount for registration pursuant to section 62-44 shall be as follows:

Application Charge

Escrow Account

$10.00

None required

 

(14)               Permit fees. Application charges and escrow account amounts for permits shall be as follows:

Type of Permit

Application Charge

Escrow Account

General zoning except in-ground pool

$30.00

None required

Single Family Dwelling not related to Major Subdivision

$30.00

$300.00

In-ground pool

$50.00

None required

Sign

$60.00

None required

 

(b)               The application charge is a flat fee to cover direct administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including but not limited to engineering, legal, planning and other expenses connected with the review of the submitted materials. In accordance with N.J.S.A. 40:55D-53 and N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.

(c)               Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.

(d)               Each applicant for subdivision, site plan approval or any other land development matter shall agree, in writing, to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvements. All such costs for review and inspection must be paid before any construction commences, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued. All improvements and utility installations shall be inspected during the time of the installation under the supervision of the township engineer to ensure satisfactory completion. In accordance with section 62-165(f), the cost of the inspection shall be the responsibility of the applicant, and he shall deposit with the township treasurer, prior to any construction commencement, for placement in a special trust fund account, a sum equal to five percent of the amount of the total improvement cost of the project, excluding the cost of the structure. The total improvement quantity estimate shall be prepared by the applicant's engineer and submitted to the township engineer for review, approval and cost, setting forth all requirements for improvements as required by board approval. Additionally, the applicant/obligor shall be required to deposit with the township treasurer, for placement in a special trust fund account, a sum equal to one percent of the amount of the total improved cost of the project, excluding the cost of the structure, to cover the estimated fees for the subsequent inspection of the improvements to obtain a release of performance guaranties. Sums not utilized in the inspection process shall be returned to the applicant.

(e)               If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the township shall be at the expense of the applicant, who shall arrange for the reporter's attendance. On all applications for major subdivision, site plan and a use variance for other than a single-family dwelling, the applicant shall arrange for a certified court reporter to attend all hearings, take and transcribe the testimony, a copy of which shall be provided to the township. The cost of taking testimony, transcribing it and providing a copy of the transcript to the township shall be at the expense of the applicant.

(f)               Notwithstanding anything to the contrary in this section, any application for subdivision or site plan approval or any other land development matter submitted by a charitable, philanthropic, fraternal or religious, nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 USC 501(c) or (d)) shall not be required to make payment in full of any escrow accounts but rather shall:

(1)               Pay 25 percent of the total escrow amount otherwise due when the application is submitted.

(2)               After the application is submitted, the applicant must at all times maintain on account a minimum of ten percent of the total escrow amount due in order to cover those items paid for out of the escrow account.

(3)               If the amount on deposit in the escrow account for the applicant should fall below the required ten-percent minimum, the applicant shall be required to replenish the escrow account so that a ten-percent balance of the total escrow amounts due is held on account by the township.

(4)               In determining whether an applicant qualifies for this reduction in escrow accounts, in addition to showing that it is a charitable, philanthropic, fraternal or religious, nonprofit organization holding a tax-exempt status as referred to in this subsection, the organization must also show that:

a.              It primarily serves the residents of the township;

b.              It promotes the public health, safety and welfare of the residents of the township.

c.              Collection of the fees would constitute an economic hardship upon the applicant; or

d.              The unique characteristics of the application make collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.

(g)               Notwithstanding any other provision to the contrary in this section, any board of education shall be exempt from the payment of any fee charged under this chapter.

II.              If any clause, sentence, paragraph, section or part of this ordinance or any other codes or ordinances incorporated herein shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

 

III.              This ordinance shall become effective twenty (20) days after its final passage.

 

The above ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of South Brunswick held on August 22, 2017, and will be considered on second and final reading and final passage at a regular meeting of the Township Council of the Township of South Brunswick to be held at the Municipal Building, Monmouth Junction, New Jersey, at 7:30 p.m. on September 26, 2017, at which time and place any person having an interest therein will be given an opportunity to be heard.

Meeting History

Aug 22, 2017 7:30 PM  Township Council Regular Meeting
RESULT:INTRODUCED [UNANIMOUS]Next: 9/26/2017 7:30 PM
MOVER:Joseph Camarota, Councilman
SECONDER:Josephine "Jo" Hochman, Councilwoman
AYES:Ken Bierman, Joseph Camarota, Charlie Carley, Josephine "Jo" Hochman
ABSENT:Chris Killmurray
Sep 26, 2017 7:30 PM  Township Council Regular Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:Joseph Camarota, Councilman
SECONDER:Josephine "Jo" Hochman, Councilwoman
AYES:Ken Bierman, Joseph Camarota, Charlie Carley, Josephine "Jo" Hochman
ABSENT:Chris Killmurray