02_Wonder_481 Eagle Rock_ZBA Application89847

All other hardship variances under N.J.S.A. 40:55D-70c: Single Family Residence: Multi-family Residence: All other use variances N.J.S.A. 40:55D-70d: e. $1000.00 $ 300.00 $ 300.00 + $200.00 per unit $700.00 Amended Submissions. Revised or amended plans or submission for single- or two-family dwellings: An amount not to exceed 50% of the original fee requirement Revised or amended plans or submission in all other categories: An amount not to exceed 50% of the original fee A separate check payable to the Township of West Orange shall be submitted for all the above application types. (Ord. No. 2357-12 § 25-56.6)

The procedure for applying for and issuance of a Soil Removal Permit shall be as follows: a. Form of Application. On forms prescribed and supplied by the Planning Board or the Zoning Board of Adjustment, the applicant shall set forth, in duplicate: 1. His or her name and address. 2. The description of the lands in question. 3. The name and address of the owner of the lands. 4. The purpose or reason for moving the soil and whether it will be done in connection with a proposed subdivision; if so, the date of filing of the application for subdivision. 5. The kind and quantity in cubic yards of soil to be moved. 6. In case of removal, the place to which the soil is to be removed, and the kind and quantity of soil to be removed. 7. The proposed date of completion of the work. 8. A certification that he/she has had a licensed land surveyor place or caused to be placed stakes at each corner of the lands from which soil is to be removed, and further that he/she has had a licensed professional engineer place or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of paragraph c of this section, clearly marked to indicate the soil cuts or fill. � Other pertinent data which the Planning Board or the Zoning Board of Adjustment may, by resolution, require. b.

Signatures. The application shall bear the signature of the applicant and the endorsement of the owner or owners of the lands signifying approval of the application, consent to the applicant to perform the proposed work, and consent to the Township, in the event of failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this chapter. C. Topographical Map. Accompanying the application shall be eight prints of a topographical map of the lot with minimum two-foot contour intervals upon which the proposed soil moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of the lot, prepared and certified by a licensed professional civil engineer or land surveyor of the State of New Jersey, on a scale of not less than one inch to 100 feet and referring to United States Coast and Geodetic Survey data, showing both as to the lot and as to all of the surrounding lands. 1. The dimensions of the lot, and the lot and block number of the lot and of each lot in the surrounding lands and the present ownership of each as shown on the tax assessment map of the Township. b.. The existing elevations of all lands on the 100-foot grid layout. 3. The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial. 4. All existing surface and subsurface water drainage conditions and provisions therefor. 5. All wooded areas and all trees having a diameter of six inches or more at the base. 6. The limits of the area or areas within the lot or lots in question within which the soil moving operations are to be conducted, and the existing elevations of the limits at intervals of not more than 100 feet. 7.

The proposed final elevation at each point where existing elevations shown on the map are to be changed as a result of completion of the proposed work. 8. Proposed slopes showing a minimum of two-foot contour intervals and lateral supports at the limits of the area upon completion of the soil moving operations. 9. Proposed provisions and facilities for surface water drainage and where applicable channels of any streams, bodies of water and watercourses, natural or artificial, including detailed cross sections showing proposed channel widths, bank slopes, and method of erosion and control thereof. 10. Accurate cross sections showing the locations and quantities, in cubic yards of soil to be moved. 11. All proposed elevations in enclosed rectangular boxes, and all existing elevations to be indicated without any kind of enclosure. 12. Other pertinent data which the Planning Board or the Zoning Board of Adjustment may, by resolution, require. d. Permit Fee. The application shall be submitted to the Secretary of the Planning Board or the Zoning Board of Adjustment with a permit fee to the order of the Township in an amount computed at the rate of $0.05 per cubic yard multiplied by the number of cubic yards to be moved, as stated in the application and certified on the topographical map. In no event shall the fee be less than $125. In the event of refusal to issue a Soil Removal Permit, as hereinafter provided in this section, the aforesaid fee paid by the applicant shall be refunded, except that all monies and costs incurred by the Township for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township in the processing of the soil application. e. Inspection of Site. The Township Engineer shall make an inspection of the site from which soil is to be moved and shall make such engineering studies as may

be required to determine the effect of the removal of soil from the location as it relates to: 1. Soil erosion by water and wind. 2. Surface and subsurface water drainage. � Soil fertility. 4. Lateral support of abutting streets and lands. 5. Public health and safety. 6. Sidewalks, curbs, roads, storm sewers, etc. 7. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township. The Township Engineer shall also inspect the site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of paragraph a of this section. f. Hearing. The Planning Board or the Zoning Board of Adjustment shall, within a reasonable time after receipt of the application, fix a date for a hearing for the purpose of considering the application and shall give to the applicant, by registered mail, notice of the time and place of the hearing. The applicant shall, at least 10 days prior to the date appointed for the hearing, serve written notice either in person or by registered mail upon such persons as are shown on the Township tax records to be the owner so the lots within 200 feet of the property in question. The applicant shall, at the hearing, present to the Planning Board or the Zoning Board of Adjustment satisfactory proof, in affidavit form of the service of the notices. 9.:.. Factors to Be Considered in Determining Application. In considering the application, the Planning Board and/or the Zoning Board of Adjustment shall be

guided by the general purpose of municipal planning, and shall take into consideration the following factors: 1. Soil erosion by water and wind. 2. Surface and subsurface water drainage. 3. Soil fertility. 4. Lateral support of abutting streets and lands. 5. Public health and safety. 6. Land values and uses. 7. Effects on sidewalks, curbs, roads, storm sewers, etc. 8. Other factors which may bear upon or relate to the coordinated, adjusted, and harmonious physical development of the Township. h. Decision. The Planning Board or the Zoning Board of Adjustment shall review and consider the application and shall render its report and recommendation to the Secretary of the Planning Board or the Zoning Board of Adjustment, who shall grant or refuse the permit in accordance with the recommendation. The report and recommendation shall be made within 60 days after the receipt of the application. !:.. Appeal. In the event of refusal by the Planning Board, the applicant may, not later than 30 days after the date of such refusal, appeal to the Township Council. The Township Council may by a majority vote of the members present sustain or by a 2/3 vote of the entire membership overrule the recommendations of the Planning Board.

FEE SCHEDULES: 25-55 ESCROW DEPOSITS FOR APPLICATIONS. The Planning Board and/or Zoning Board of Adjustment shall require fees and escrow deposits in accordance with the provisions of this chapter. Such funds shall be utilized to pay the cost of professional fees, including for engineering, legal, planning and/or traffic experts, and certified shorthand reporting fees incurred for review of and/or testimony concerning an application for development submitted by an applicant. (Ord. No. 2357-12 § 25-55) 25-55.1 Escrow Schedule. a. Subject to the provisions of paragraph b. hereof, each applicant shall prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof: 1. Residential and Nonresidential Dwelling Units or Lots 3-25 26-100 101-500 501-1000 1000 + 2. $4,000.00 4,500.00 6,500.00 9,000.00 11,000.00 Commercial/Industrial 1,250-2,500 square feet gross floor area 2,501-20,000 square feet gross floor area 20,000-50,000 square feet gross floor area Over 50,000 square feet gross floor area 3. $2,500.00 3,500.00 6,500.00 $.10 each additional square feet Preparation of Resolution of Approval or Denial: up to $1,500.00. When deemed necessary the Planning/Zoning Board may require an escrow for minor development matters. b. Within thirty (30) days after the filing of an application for development the Planning Board and/or Zoning Board of Adjustment as the case may be, shall, in conjunction with appropriate representative of the staff of the Township, review the application for development to determine whether the escrow amount set forth in paragraph a. above is adequate. In conducting such review the Board shall consider the· following criteria. 1. The presence or absence of public water and/or sewer servicing the site. 2. Environmental considerations, including but not limited to geological, hydrological and ecological factors. 3. Traffic impact of the proposed development.

4. Impact of the proposed development on existing aquifer and/or water quality. Upon completion of the review and within the thirty (30) day period the Board shall adopt a Resolution specifying whether the escrow amount specified in paragraph a. is sufficient, excessive or insufficient. In the event the Board shall determine that the amount is excessive it shall in the Resolution specify the amount that shall be deemed sufficient. In the event the Board shall determine the amount specified in paragraph a. is insufficient it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein. c. This paragraph adopts and creates a payment schedule for consultants and/or employees for special Planning Board or Zoning Board meetings paid out of escrow funds paid by the applicant who is heard at said special Planning or Zoning Board Meeting. The schedule is as follows: 1. 2. 25-55.2 Schedule. (a ) Attendance/all meeting preparation, post-meeting duties/minutes for Secretary: $350.00 (b) Attendance for Public Advocate: $500.00 (c) Attendance of transcriber: $500.00 (d) Attendance of Board Attorney: $750.00 (e) Attendance of Planner: $500.00 (f) All other expenses such as newspaper notices: $100.00 (g) The Board also has the right to hire other consultants if deemed necessary by the Board for regular or special meetings such as traffic or environmental consultants. If the Board deems additional work is needed that is not part of the preparation, meeting and post duties an hourly rate will be paid. The following is the hourly rate: Secretary- $75.00/hr.; transcriber-$125.00/ hr.; any other professionals-$150.00/hr. A ten (10) day written notice with a breakdown of the expenses shall be given to the applicant before funds are removed. (Ord. No. 2357-12 § 25-55.1) Posting of Escrow Funds. No major application for development shall be deemed complete until such time as the applicant shall have posted with the Township in cash or certified check the amount of escrow deposit determined by the Planning Board and/or Board of Adjustment to be required in accordance with the provisions of this chapter. All such escrow funds shall be utilized by the appropriate Board to pay the cost of professional services, including certified shorthand reporting fees, incurred by the

Board for review and/or testimony in connection with the particular application for development. All sums not actually so expended shall be refunded to the applicant within thirty (30) days after the final determination by the appropriate Board with respect to such application. (Ord. No. 2357-12 § 25-55.2) 25-55.3 Deposit of Escrow Fund - Interest Bearing Account. The Township shall deposit all funds pending completion and review of the development application. The money shall be placed in an interest-bearing account. In the event that a refund is to be made to the applicant, the municipality shall refund with prorated interest the amount within thirty (30) days from the date of final approval. (Ord. No. 2357-12 § 25-55.3) 25-56 APPLICATION FEES. 25-56.1 Minor Subdivision Application Fees. Fee Escrow $100.00 NIA Base fee $200.00 NIA Plus per lot fee 50.00 a. Resub division where no new lots are created b. Other (Ord. No. 2357-11 § 25-56.1) 25-56.2 Major Subdivision Application Fees. a. Sketch/Plat Concept Application Base fee Plus per lot fee b. NIA $250.00 75.00 (1 ) $375.00 50.00 (1 ) Preliminary Application Base fee Plus per lot fee c. $150.00 50.00 Final Application Base fee Plus per lot fee (Ord. No. 2357-11 § 25-56.2)

25-56.3 Site Plans - Nonresidential Application Fees. a. Sketch Plat/Conceptual Fee b. $500.00 NIA $450.00 .03/sq. ft. .75/space $75.00/acre (1) Preliminary Application Base fee (minimum) Plus floor area fee Plus parking space fee Plus acreage fee The preliminary fee shall be calculated by adding to the base fee one (1) of the three (3) remaining sub-fees. The total fee shall represent the maximum fee possible. C. Final Application 75% of preliminary fee (1) (Ord. No. 2357-11 § 25-56.3) 25-56.4 Site Plans - Residential Application Fees. a. Sketch Plat Fee b. $300.00 75.00 ( 1) $150.00 50.00 (1) Final Application Base fee Plus unit fee (Ord. No. 2357-11 § 25-56.4) 25-56.5 NIA Preliminary Application Base fee Plus unit fee C. $100.00 Variances and Conditional Use Application Fees. a. "D" Variances Nonresidential Residential $500.00 1-2 family (owner occupied) 1-2 family (non­ owner occupied) Other Public/Quasi public (1) $100.00 150.00 200.00 125.00