Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (a) Attendance/all meeting preparation, post-meeting duties/minutes for Secretary: $225.00 (b) Attendance for Public Advocate: $250.00 (c) Attendance of transcriber: $225.00 (d) Attendance of Board Attorney: $500.00 (e) Attendance of Planner: $500.00 (f) All other expenses such as newspaper notices: $60.00 (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— $33.82/hr; transcriber—$50.00/ hr.; any other professionals— $125.00/hr. 2. A ten (10) day written notice with a break down of the expenses shall be given to the applicant before funds are removed. (Ord. No. 904-88 § 25-8.7A; Ord. No. 1970-04 §§ 1, 2) 25-55.2 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. 904-88 § 25-8.7B) 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 pro rated interest the amount within thirty (30)

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 pro rated interest the amount within thirty (30) days from the date of final approval. (Ord. No. 904-88 § 25-8.7C) 25-56 APPLICATION FEES. 25-56.1 Minor Subdivision Application Fees. Fee Escrow a. Resubdivision where no $50.00 N/A new lots are created b. Other Base fee $100.00 N/A 241

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Plus per lot fee 25.00 (Ord. No. 904-88 § 25-8.8) 25-56.2 Major Subdivision Application Fees. a. Sketch/Plat Concept Application Base fee $100.00 N/A Plus per lot fee 25.00 b. Preliminary Application Base fee $200.00 (1) Plus per lot fee 50.00 c. Final Application Base fee $250.00 (1) Plus per lot fee 25.00 (Ord. No. 904-88 § 25-8.9) 25-56.3 Site Plans - Nonresidential Application Fees. a. Sketch Plat/Conceptual Fee $350.00 N/A b. Preliminary Application Base fee (minimum) $300.00 (1) Plus floor area fee .02/sq. ft. Plus parking space fee .50/space Plus acreage fee $50.00/acre 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 1/2 of (1) preliminary fee (Ord. No. 904-88 § 25-8.10; Ord. No. 1304-94) 25-56.4 Site Plans - Residential Application Fees. a. Sketch Plat Fee $75.00 N/A b. Preliminary Application Base fee $200.00 (1) Plus unit fee 50.00 c. Final Application Base fee $100.00 (1) Plus unit fee 25.00 (Ord. No. 904-88 § 25-8.11) 242

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-56.5 Variances and Conditional Use Application Fees. a. Use “D” Variances ("D" variances) Nonresidential $350.00 (1) Residential 1–2 family (owner occupied) $ 75.00 1–2 family (non- owner occupied) 125.00 Other 150.00 Public/Quasi public 100.00 b. Hardship “C” Variances ("C" variances) Nonresidential $250.00 Residential 1–2 family (owner occupied) $ 75.00 1–2 family (non- owner occupied) 125.00 Other 250.00 Public/Quasi public 100.00 c. Interpretations and Appeals Fee $150.00 d. Conditional Uses Fee $300.00 Separate fee(s) shall be required for each application type. Therefore, if an application package consists of a “D”use variance, “C”hardship variance and site plan, the total fee shall be the sum of the fees for each separate application. The escrow charge shall be the maximum for any one type of application. Where disbursements from the escrow account leave less than ten (10%) percent of the original deposit, the applicant shall replenish the account in an amount equal to the original deposit.* (Ord. No. 904-88 § 25-8.12; Ord. No. 1305-94) 25-56.6 Fee for Digitizing Zoning Board of Adjustment and Planning Board Applications, Exhibits and Drawings. a. Residential Site Plan and Subdivision Fees. Concept Plan: 0–20 lots/units: $100.00 per

ng Board of Adjustment and Planning Board Applications, Exhibits and Drawings. a. Residential Site Plan and Subdivision Fees. Concept Plan: 0–20 lots/units: $100.00 per lot or unit 21+lots/units: $2,000.00 + $50.00 per lot/unit in excess of 20 * Editor's Note: See escrow schedule (Section 25-55) Township Zoning Ordinance. If less than ten (10%) percent remains in escrow account, applicant shall post additional escrow in amounts equal to original deposit. 243

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Minor Subdivision: $200.00 + $100.00 per lot Site and/or Major Subdivision: Preliminary: 0–10 units or lots: $500.00 + $100.00 per lot or unit 11–30 units or lots: $1,000.00 + $75.00 per lot or unit 31 or more units or $2,500.00 + $50.00 per lots: lot or unit Final: 0–10 units or lots: $200.00 + $75.00 per lot or unit 11–30 units or lots: $300.00 + $50.00 per lot or unit 31 or more units or $1,000.00 + $40.00 per lots: lot or unit b. Commercial/Industrial Development Application. Concept Plan: 0–3 lots: $300.00 + $100.00 per 4 or more lots:: lot $2,000.00 + $250.00 per lot If an application involves ten (10) or more acres, an additional $100.00 for each acre, or fraction thereof, in excess of ten (10) acres. c. Commercial/Industrial Development Application Involving New Building Area: Concept Plan: $1,000.00 Preliminary Site Plan: 0–1,999 square feet: $1,000.00 2,000–19,999 square $1,000 + $150.00 per feet: each 1,000 square feet of gross floor area 20,000+ square feet: $2,500.00 + $50.00 per each 1,000 square feet above 20,000 square feet of gross floor area Final 0–1,999 square feet: $500.00 2,000–19,999 square $2,500.00 feet: 20,000+ square feet: $1,000 + $0.12 per square foot d. Other Submissions. Conditional use approval: $750.00 Appeals under N.J.S.A. 40:55D-70a: $100.00

square foot d. Other Submissions. Conditional use approval: $750.00 Appeals under N.J.S.A. 40:55D-70a: $100.00 Interpretation or special questions under N.J.S.A. 40:55D-70b: $100.00 One or two family residences-hardship variances under N.J.S.A. 40:55D-70C: (decks, home addition) $35.00 All other hardship variances under N.J.S.A. 40:55D-70c: $750.00 244

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Single Family Residence: $200.00 Multi-family Residence: $200.00 + $100.00 per unit All other use variances N.J.S.A. 40:55D-70d: $500.00 e. Amended Submissions. Revised or amended plans An amount not to exceed or submission for single or 50% of the original fee two family dwellings: requirement Revised or amended plans An amount not to exceed or submission in all other 50% of the original fee categories: A separate check payable to the Township of West Orange shall be submitted for all the above application types. (Ord. No. 1994-05 § II) 25-57 RESERVED. 25-58 ADDITIONAL PENALTIES FOR ILLEGAL OCCUPANCIES. a. Any tenant who receives a notice of eviction pursuant to section 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g. of section 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.10, shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six (6) times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section. b. In addition to the liability for the payment of relocation assistance set forth in paragraph a. of this section, the Municipal Court may impose an additional fine for a zoning code violation for an illegal occupancy, up to an amount equal to six (6) times the monthly rental paid by the displaced person, to be paid to the municipality by the owner-landlord of the structure. c. In addition to the penalties set forth above in paragraphs a. and b. of this section, for a second or subsequent violation for an illegal occupancy, and only after affording the offending owner- landlord an opportunity for a hearing on the matter, the Municipal Court may impose on the owner-landlord a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of

to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "the penalty enforcement law," N.J.S.A. 2A:58-10 through 12. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. d. For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure. Also for the purposes of this section, a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction. (Ord. No. 1785-01 § 2) 245

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-59 PENALTY - GENERAL. a. Maximum Penalty. For violation of any provision of this chapter, the maximum penalty shall include the penalties provided for in Section 1-5. All other provisions of subsections 1-5.1 through 1-5.5 and Section 25-59(b) shall remain in full force and effect and apply fully for any violation of Chapter 25. b. Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation. (Ord. No. 904-88 § 25-9; Ord. No. 1589-99 § 2) 25-60 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions hereof. (Ord. No. 904-88 § 25-9.3) 25-61 PRIOR INCONSISTENT ORDINANCES. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are to the extent of such inconsistency, hereby repealed. (Ord. No. 904-88 § 25-9.4) 25-62 ACQUISITION AND CONVEYANCE OF SCHOOL PROPERTY. Pursuant to N.J.S.A. 40:60-25.56, the Township, after obtaining title to the School Property, shall convey to the Board of Education of the Township the School Property for the use of the site as a new public school and related recreational facilities for nominal consideration totaling one ($1.00) dollar. Further, the Township shall execute any and all documents and take any actions necessary to effectuate the transfer of the School Property to the Board of Education of the Township. (Ord. No. 1913-03 § II) 246