§ 244-12. Fees., Article III. Administration, Chapter 244. Land Use and Development Regulations, Part II. General Legislation, Code of Ordinances, Jackson

Administrative fees for all development applications. The developer shall pay, at the time of filing an application with the Jackson Township Planning and Zoning Office, the following nonrefundable fees to the Township of Jackson. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivision, site plan and/or variance shall pay a fee equal to the sum of the fee for each element. Administrative fees for combined applications for development shall not exceed $5,000.

(1)

Concept plan for nonbinding informal review: no cost.

(2)

Minor subdivision: $200.

(3)

Minor subdivision for lot consolidation: $130.

(4)

Master development plan: $250.

(5)

Preliminary plat for major subdivision:

(a)

Zero to 50 lots: $350.

(b)

Fifty-one to 100 lots: $1,300.

(c)

One hundred one lots and greater: $1,800.

(6)

Final plat for major subdivision:

(a)

Zero to 50 lots: $200.

(b)

Fifty-one to 100 lots: $650.

(c)

One hundred one lots and greater: $925.

(7)

Plan revisions. For the revision of any subdivision plan or plans which have been granted approval: 50% of the original administrative fee for the stage of application (preliminary or final).

(8)

Extension of subdivisions:

(a)

Extension of preliminary approval: $250.

(b)

Extension of final approval: $130.

(c)

Resubdivision of final plat: $130.

(d)

Extension of time to post bond or meet conditions: $75.

(9)

Site plans other than residential:

(a)

Preliminary:

[1]

Total of Subsection A(9)(a)[1][a], [b] and [c]:

[a]

One hundred fifty dollars per acre for each acre being developed.

[b]

Thirty dollars for each parking space up to 500 and $20 for each space above 500.

[c]

Six cents per square foot of building area up to 5,000 square feet, plus $0.04 per square foot up to 25,000 square feet, plus $0.03 per square foot above 25,000 square feet.

[2]

The minimum fee shall be $250.

[3]

The maximum fee shall be $5,000.

(b)

Final approval: 50% of the preliminary application fee.

(c)

Minor site plan: $150.

(10)

Site plans for residential uses (townhouses, condominiums, etc.):

(a)

Preliminary:

[1]

From one to 50 units: $35 per unit.

[2]

From 51 to 150 units: $30 per unit.

[3]

From 151 units and greater: $20 per unit.

[4]

The minimum fee shall be $250.

(b)

Final: 50% of preliminary fee.

(11)

Plan revisions. For the revision of any site plan or plans which have not been granted approval: 50% of the original fee for the stage of application (preliminary or final).

(12)

Amendment to approved application for development, to include but not be limited to major subdivision and site plans which do not fall within the category of administrative approvals and must be reviewed by the Planning Board: $300.

(13)

Minor subdivision plat reapproval. For the reapproval of a minor subdivision plat which has been granted a previous approval and meets the criteria set forth in § 244-6 of this chapter: 50% of the original fee.

(14)

Administrative approvals: $250.

(15)

Extension of preliminary or final site plan approval: $300.

(16)

Variances:

(a)

Hear and decide appeals:

[1]

Single- or two-family uses: $50.

[2]

Multifamily uses: $100.

[3]

Other: $300.

(b)

Interpretation of the zoning regulations or Zoning Map: $75.

(c)

Hardship or bulk variance:

[1]

Single- or two-family uses: $20 per variance, with a minimum of $50.

[2]

Other: $50 per variance, with a minimum of $150.

(d)

Use variance:

[1]

Residential: $50.

[2]

Other residential: $50 per unit, with a minimum of $200.

[3]

Other than residential: $350 per acre, with a minimum of $350.

(e)

Building permit in conflict with Official Map or building permit for lot not related to a street: $100.

(f)

Others, including signs and fences: $50.

(17)

Conditional uses:

(a)

Residential: $200.

(b)

Other: $350.

(18)

Zoning certificate application/development permit:

(a)

Residential: $30.

(b)

Commercial: $50.

(19)

Certificate as to approval of subdivision of land: $20.

(20)

Certificate of zoning:

(a)

Residential: $30.

(b)

Commercial: $50.

Preparation of resolutions of approval. The following fees shall be paid by the applicant as an administrative fee at the time of filing the application for development with the Planning and Zoning Office:

(1)

The cost for the preparation of a resolution for preliminary approval or denial with or without final approval shall be $150.

(2)

The cost for the preparation of a resolution for final approval shall be $150.

(3)

The cost for the preparation of any other resolution shall be $150.

(4)

The fee for any legal costs incurred by the Township to review any performance or maintenance guarantee and prepare any necessary Township resolution in connection with the application of development shall be $300. Said fee shall be submitted when the developer applies for a reduction or release of any performance or maintenance guarantee.

[Added 12-28-1998 by Ord. No. 37-98]

Escrow fees. In addition to the above, the developer shall, at the time of filing an application for development, pay the following escrow fees to the Township of Jackson. Said escrow fees shall be used to pay any and all fees incurred by the Planning Board and Zoning Board of Adjustment for any time spent reviewing the application for development or working on said application by the Board's engineer, attorney and any other professional hired by said Board. Said escrow fees shall be used to pay any and all fees incurred by the Township Attorney for any time spent reviewing the application for development or reviewing or preparing documents related to said application. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivisions, site plan and/or variances shall pay a fee equal to the sum of the fee for each element. The total amount of escrow fees for combined applications for development shall be a minimum of $1,000.

[Amended 12-27-2000 by Ord. No. 34-00; 2-26-2013 by Ord. No. 03-13; 8-22-2017 by Ord. No. 15-17]

(1)

Minor subdivision: $1,000, plus $500 per lot.

(2)

Minor subdivision for lot consolidation: $1,000.

(3)

Master development plan: $1,000.

(4)

Preliminary plat for major subdivision:

(a)

Zero to 30 lots: $1,000, plus $100 per lot.

(b)

Thirty-one to 100 lots: $4,000, plus $70 per lot over 30 lots.

(c)

One hundred one to 200 lots: $8,900, plus $60 per lot over 100 lots.

(d)

Two hundred one lots and greater: $14,900, plus $50 per lot over 200 lots.

(5)

Final plat for major subdivision:

(a)

Zero to 30 lots: $1,000, plus $50 per lot.

(b)

Thirty-one to 100 lots: $2,300, plus $30 per lot over 30 lots.

(c)

One hundred one to 200 lots: $4,400, plus $20 per lot over 100 lots.

(d)

Two hundred one lots and greater: $6,400, plus $10 per lot over 200 lots.

(6)

Site plans other than residential. Preliminary:

(a)

Zero to 5,000 square feet of building area: $4,000.

(b)

Five thousand one to 10,000 square feet of building area: $4,500.

(c)

Ten thousand one to 20,000 square feet of building area: $7,500.

(d)

Twenty thousand one to 50,000 square feet of building area: $10,000.

(e)

Fifty thousand one to 100,000 square feet of building area: $20,000.

(f)

One hundred thousand one and greater square feet of building area: $25,000.

(7)

Final approval of other than residential use: 1/2 the preliminary approval application.

(8)

Minor site plan for other than residential use: $2,500.

(9)

Site plans for residential uses (townhouses, condominiums, etc.). Preliminary:

(a)

Zero to 30 units: $1,000, plus $100 per unit.

(b)

Thirty-one to 100 units: $4,000, plus $70 per unit over 30 units.

(c)

One hundred one to 200 units: $8,900, plus $60 per unit over 100 units.

(d)

Two hundred one units or greater: $14,900, plus $50 per unit over 200 units.

(10)

Final site plan approval: 50% of the preliminary fee, but not less than $2,000.

(11)

Extension of subdivision or site plans:

(a)

Extension of preliminary approvals: $1,000.

(b)

Extension of final approval: $1,000.

(c)

Resubdivision of final plat: $1,000.

(12)

Administrative approvals: $500.

(13)

Amendment to approved application for development, to include but not be limited to minor subdivision, major subdivision and site plans which do not fall within the category of administrative approvals and must be reviewed by the Planning Board: $1,000.

(14)

Variances:

(a)

Use variance and density variance:

[1]

Single- or two-family use: $1,500.

[2]

Multiple-family use: $1,500.

[3]

Whole-house generator: $350.

[4]

Other: $1,000.

(b)

Interpretation of this chapter or Zoning Map: $500.

(c)

Hardship or bulk variance: $150.

(d)

Building permit in conflict with Official Map or building permit for lot not related to a street: $500.

(e)

Others, including signs and fences: $150.

(15)

Conditional uses: $1,500.

(16)

Certificate as to approval of subdivision of land: $50.

(17)

Change of zone request: $500.

Inspection costs for on-site and off-site improvements.

(1)

Escrow. At least one week prior to the beginning of construction or installation of any required improvements, the developer shall notify the Township Engineer, in writing, of the developer's intention to commence such work. All improvements and utility installation shall be inspected during the time of their installation by the Township Engineer or his designee to ensure satisfactory completion, and no underground installation shall be covered until inspected by the Township Engineer or his designee. The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements, which fees shall not exceed the sum of the amounts set forth below. The developer shall deposit the necessary inspection fee with the Planning and Zoning Office prior to the start of any construction or prior to signing the final plat, whichever shall first occur. The inspection fee shall be in addition to the amount of any required performance or maintenance guaranties and shall consist of a sum equal in an amount:

[Amended 3-27-2018 by Ord. No. 05-18]

(a)

Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee; and

(b)

Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

(2)

This fee shall be held in reserve by the Township and shall be used to pay the cost of inspecting the construction. It shall be the obligation of the developer to pay for the actual cost of inspecting the construction. Any excess moneys shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body as provided for herein.

(3)

In the event that final approval of a development has been granted in stages or sections and hence the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages or sections.

Deposit of escrows with banking institution. Whenever the fees paid under § 244-12C and D shall exceed $5,000, it shall be deposited 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 of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer 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. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township on an annual basis or at the time the deposit is repaid or applied to the purpose for which it was deposited; provided, however, that the Township shall retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount, which shall be in addition of all other administrative expenses. In the event that the interest paid on a deposit for a year does not exceed $100, the same is to be retained by the Township.

Replenishment of escrow account. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to § 244-12D(1), is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

[Amended 3-27-2018 by Ord. No. 05-18]

Returning fees to the applicant. When the Planning and Zoning Office determines that there is no longer any need to retain an escrow account in which to maintain funds pursuant to § 244-12C and D, the applicant shall be entitled to the return of any moneys which remain in those accounts. The applicant shall follow the procedures established by the Planning and Zoning Office to obtain a refund of said funds.

Exemption from payment of fees. In accordance with N.J.S.A. 40:55D-8, any philanthropic, fraternal and religious nonprofit organization holding a tax-exempt status under the Federal Internal Revenue Code of 1954 is hereby exempt from the payment of any fees charged under this chapter by virtue of the provisions of N.J.S.A. 40:55D-1 et seq.

Tax Map maintenance fees.

(1)

The following fees shall be paid by the applicant at the time of filing an application with the Jackson Township Planning and Zoning Office:

(a)

Minor subdivision, two to three lots: $300.

(b)

Final major subdivision:

[1]

Four to six lots: $400.

[2]

Seven to 12 lots: $600.

[3]

Thirteen to 19 lots: $1,000.

[4]

Twenty lots or more: $1,200, plus $10 per lot.

(c)

Nonresidential site plan (final plat): $400.

(d)

Residential site plan (final plat): $500, plus $10 per unit.

(2)

In the event that any application for development is denied and the application is no longer pending in any manner before the respective Board, then any portion of the aforementioned fee which has not been expended by the Engineer responsible for maintaining the Tax Map shall be refunded to the applicant.

Mandatory development fees.

[Added 4-26-1993 by Ord. No. 14-93]

(1)

Purpose. The purpose of the mandatory development fee is to provide funding for the Township's Housing Element and Fair Share Plan approved by the Township Committee, Township of Jackson.

(2)

Definitions.

(a)

The following words used in this subsection are intended to have the same meanings as given to them by the New Jersey Supreme Court in the Mount Laurel II decision and as clarified or otherwise modified by subsequent decisions, if any, by a court of competent jurisdiction and by the New Jersey Council on Affordable Housing in N.J.A.C. 5:92-1.3, including but not limited to:

AFFORDABLE: A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:92-12.

COUNCIL or COAH: The New Jersey Council on Affordable Housing established under the Fair Housing Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.

EQUALIZED ASSESSED VALUATION: The value of property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios as required by law. Estimates at the time of issuance of building permits may be obtained by the tax assessor utilizing estimates for construction costs. Actual equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

INCLUSIONARY DEVELOPMENT: A housing development containing both affordable units and market-rate units identified as such in the Township's judicially approved Housing Element and Fair Share Plan. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure. The term does not include market-rate units or nonresidential structures that generate an affordable housing production growth share obligation and are not designated as inclusionary developments in the Township's Housing Element and Fair Share Plan.
[Amended 2-28-2005 by Ord. No. 08-05]

JUDGMENT OF REPOSE: A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

MANDATORY DEVELOPMENT FEE: A fee paid pursuant to a mandatory fee ordinance.

MANDATORY FEE ORDINANCE: An ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute moneys to the municipality's Affordable Housing Trust Fund.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Editor's Note: This ordinance also provided that all references throughout the Code to COAH's first cycle Substantive Rules published at N.J.A.C. 5:92 should be replaced by COAH's third cycle Substantive Rules published at N.J.A.C. 5:94, effective as of 12-20-2004.

(b)

All other terms contained herein shall be as set forth in the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and this Chapter 244, Land Use and Development Regulations.

(3)

Residential development fees.

[Amended 2-28-2005 by Ord. No. 08-05]

(a)

In accordance with N.J.A.C. 5:94-6.6(a) and (b) of COAH's Substantive Rules, all new development of residential dwelling units within the Township of Jackson not exempt from the collection of development fees in accordance with the provisions of this Subsection J shall pay to Jackson Township 1.0% of either the equalized assessed value of each housing unit, the coverage amount of the homeowner warranty document of a for-sale unit, or the appraised value on the document utilized for construction financing for a rental unit, provided no increased density is permitted.

(b)

In the event that an increase in residential density is permitted pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance), the fee shall increase to 6.0% of either the equalized assessed value for each additional unit that is realized, the coverage amount on the homeowner warranty document for each additional for-sale unit, or the appraised value on the document utilized for construction financing for each additional rental unit. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

(4)

Nonresidential development fees.

[Amended 2-28-2005 by Ord. No. 08-05]

(a)

In accordance with N.J.A.C. 5:94-6.7(a) and (b) of COAH's Substantive Rules, all new development of nonresidential buildings and structures not exempt from the collection of development fees in accordance with the provisions of this Subsection J shall pay a fee to Jackson Township of 2.0% of either the equalized assessed value for nonresidential development or the appraised value on the document utilized for construction financing.

(b)

In the event that an increase in floor area is permitted pursuant to N.J.S.A. 40:55D-70d(4) (known as a "d" variance), the fee shall increase to 6.0% on the additional floor area realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

(5)

Timing of payments.

(a)

Fifty percent of the total mandatory development fee owed to Jackson Township, whether for residential or nonresidential development, shall be paid prior to the issuance of any building permit required in connection with the development and shall be calculated as follows:

[1]

For residential developments, the 50% payment required prior to the issuance of any building permit shall be calculated using an estimated equalized assessed valuation of each residential unit as determined by the Jackson Township Tax Assessor.

[Amended 3-26-1994 by Ord. No. 7-94]

[2]

For nonresidential developments, the 50% payment required prior to the issuance of any building permit shall be calculated using an estimated total equalized assessed valuation of the nonresidential development as determined by the Jackson Township Tax Assessor.

(b)

The remaining portion of the development fee shall be paid prior to the issuance of any certificate of occupancy for any development or any part thereof, whether residential or nonresidential, and shall be calculated using the actual assessed valuation of the development as determined by the Jackson Township Tax Assessor.

(c)

Because the initial payment required prior to the issuance of a building permit is calculated using an estimated assessed valuation based on estimates for construction costs, the following adjustments are permitted to compensate for differences between the estimated assessed valuation and the actual assessed valuation:

[1]

If the estimated assessed valuation used to calculate the initial fifty-percent payment was overestimated or underestimated, causing the actual assessed valuation to be less than or greater than the estimated assessed valuation used to calculate the initial fifty-percent payment, the developer's certificate of occupancy payment shall be equal to the difference between the actual assessed valuation and the initial fifty-percent payment as determined by the Jackson Township Tax Assessor.

(6)

Exemptions, eligible exactions and ineligible exactions.

(a)

Inclusionary developments, as defined herein, are exempt from development fees.

(b)

Developments that have received preliminary or final approval, prior to the effective date of this subsection, are exempt from development fees during the effective period of said approval, unless the developer seeks a substantial change in the approvals granted.

(c)

Low- and moderate-income dwelling units shall be exempt from paying development fees.

(d)

Development that expands an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.

(7)

Housing trust fund.

(a)

All mandatory development fees collected pursuant to this chapter shall be deposited in the interest-bearing escrow account entitled the "Affordable Housing Trust Fund: Mandatory Fee Account."

(b)

If the Court determines that Jackson Township's spending is not in conformance with COAH's rules on development fees, the Court is authorized to direct the manner in which all development fees collected pursuant to this chapter shall be expended.

(8)

Use of funds.

(a)

Money deposited in a housing trust fund may be used for any activity approved for addressing the Township's low- and moderate-income housing obligation. Such activities may include but are not necessarily limited to housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructures to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement the Township's housing element. The expenditure of all money shall conform to the approved spending plan.

(b)

Unless specifically waived by the Court or by COAH, not less than 30% of the revenues collected from development fees collected pursuant to this chapter shall be devoted to rendering existing units more affordable to low-and moderate-income households by funding such activities as downpayment assistance, low-interest loans and rental assistance.

[Amended 3-26-1994 by Ord. No. 7-94]

(c)

No more than 20% of the revenues collected from development fees collected pursuant to this subsection shall be devoted to administrative expenses incurred by the Township in addressing its fair share obligation.

(9)

Monitoring. The Township shall complete and return all monitoring forms related to the collection of fees, expenditure of revenues and implementation of the spending plan to the Court or COAH. Quarterly financial reports and annual program and implementation and submitting reports shall be completed on current forms utilized by COAH.

[Added 3-26-1994 by Ord. No. 7-94]

Stormwater management maintenance fee. For purposes of this section, the calculation of the maintenance fee will be based on the type of stormwater management system which is to serve the development, that is, a surface system, such as a detention or retention basin and subsurface infiltration system or a combination of the above. The fee shall be determined as follows:

[Added 2-9-1998 by Ord. No. 5-98]

(1)

Surface stormwater management systems (detention or retention basins). The amount of the maintenance fee shall be the annual maintenance cost per acre multiplied by the twenty-five-year maintenance period multiplied by the maintenance area in acres. The maintenance area of the stormwater management basin shall be defined to be the area included within a line drawn around the top of the bank of the basin, plus an additional 25 feet outward from the top of the bank. The annual maintenance cost per acre shall be $1,025. The minimum contribution, regardless of the size of the basin, will be $10,000.

(2)

Subsurface infiltration system. The amount of the maintenance fee shall be determined as follows: $1 per linear foot of the infiltration system per year for maintenance multiplied by a twenty-five-year period, plus twice the cost of the subsurface infiltration system (not including structures). The replacement cost shall be the amount of the performance guaranties for the subsurface infiltration system, plus the amount of $27.50 per linear foot for road repair for any portion of the roadway disturbed by such replacement determined by the Township Engineer. The minimum fee, regardless of the length of infiltration system, shall be $10,000.

(3)

Combination systems. The required fee shall be based on a combined total of the above.