N.J. Admin. Code § 7:50-1.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-1.6 - Fees

(a) Except as provided at (a)1 and 2 below, all applications required or permitted by any provision of this Plan shall be accompanied by a nonrefundable, nontransferable, application fee of $ 250.00 or a fee calculated according to the fee schedule set forth at (b) through (l) below, whichever is greater. No application filed pursuant to this Plan shall be reviewed or considered complete, unless all fees required by this Part have been paid and any escrow required pursuant to N.J.A.C. 7:50-1.7has been submitted.

1. No application fee shall be required for an application processed in accordance with an alternative local permitting program certified by the Commission pursuant to N.J.A.C. 7:50-3.83; and

2. No application fee shall be required for development that is processed in accordance with an intergovernmental agreement approved by the Commission pursuant to N.J.A.C. 7:50-4.52(c)1.

(b) The application fee for a residential development application submitted pursuant to N.J.A.C. 7:50-4.14, 4.33, 4.52, or 4.66 shall be calculated as follows:

1. There shall be a $ 250.00 fee for a residential development consisting of one unit or one lot; and

2. The fee for all other residential developments shall be calculated based on the number of proposed dwelling units or lots, whichever is greater, including those to be utilized for stormwater facilities, open space, recreational facilities, or other accessory elements of a residential development, according to the following:

i. $ 250.00 per dwelling unit or lot for the first four units or lots;

ii. $ 281.25 per dwelling unit or lot for units/lots five through 50;

iii. $ 156.25 per dwelling unit or lot for units/lots 51 through 150; and

iv. $ 125.00 per dwelling unit or lots for units/lots in excess of 150.

(c) The application fee for a commercial, institutional, industrial, or other non-residential development application submitted pursuant to N.J.A.C. 7:50-4.14, 4.33, 4.52, or 4.66 shall be calculated in accordance with the following, based on typical construction costs, except as provided at (c)1 through 10 below:

Construction Cost	Required Application Fee
$0 - $500,000	1.25 percent of construction costs
$500,001-$1,000,000	$6,250 + one percent of construction costs above $500,000
Greater than $1,000,000	$11,250 + 0.75 percent of construction costs above $1,000,000

Typical construction costs shall include all costs associated with the development for which the application is being submitted, including, but not limited to, site improvement and building improvement costs, but shall not include interior furnishings, atypical features, decorative materials or other similar features. Supporting documentation of the expected construction costs shall be submitted as part of the application for development, unless the maximum fee pursuant to (e)3 below is required, in which case no such documentation shall be necessary.

1. For an off-road vehicle event conducted in accordance with N.J.A.C. 7:50-6.143(a)4, the fee shall be $ 6.25 per mile, or portion thereof, of the route proposed;

2. For a forestry application or renewal application, submitted pursuant to N.J.A.C. 7:50-6.43(b) or (c), for forestry activities involving 10 or more acres, the fee shall be $ 6.25 per acre, or portion thereof, that is subject to the forestry activities;

3. For the development of a golf course, the fee shall be $ 187.50 per acre, or portion thereof, devoted to the golf course facility, including, but not limited to, the golf course and associated forested areas, club house, putting greens, driving range, parking areas, locker rooms, and accessory buildings, such as rest rooms, maintenance buildings, and other recreational areas depicted on the site plan submitted as part of the application. All areas associated with the planning, construction, operation, or maintenance of a golf course facility, including those areas not directly associated with golfing or a recreational activity, must be included in the acreage used to calculate the applicable application fee for the development of a golf course;

4. For a proposed linear development, the application fee shall be $ 187.50 per acre, or portion thereof, of all land included in the right of way of the proposed linear development project and all land located outside of the right of way that will be disturbed as part of a linear development project. "Linear development" means land uses such as roads, railroads, sewerage, and stormwater management pipes, gas and water pipelines, electric, telephone, and other transmission or distribution lines, which have the basic function of connecting two points, the rights-of-way therefor, and any accessory structures or uses directly associated therewith. For purposes of this section, linear development shall not include residential, commercial, office or industrial buildings, improvements within a development such as utility lines or pipes, bridges, or internal circulation roads;

5. For a resource extraction permit application or permit renewal application, the application fee shall be $ 1,875 plus $ 37.50 per acre to be mined, or portion thereof, within each permit period;

6. For a change of use with no additional development or a home occupation, the application fee shall be $ 250.00;

7. For an application for a subdivision or resubdivision only, with no other development, the application fee shall be calculated according to the formula in (b)2 above, based on the total number of lots that will exist following the subdivision or resubdivision regardless of the number of lots that existed prior to the subdivision;

8. For the demolition of a structure 50 years or older, the fee shall be $ 250.00;

9. For the development of a solar energy facility, the fee shall be $ 1,500 plus $ 500.00 per acre of land to be developed, or portion thereof, including any off-site development; and

10. For a well, the application fee shall be:

i. $ 6,000 for any well in the Kirkwood-Cohansey aquifer that is required to meet the criteria and standards at N.J.A.C. 7:50-6.86(d); or

ii. Calculated based upon construction costs as set forth in this subsection for wells that are not subject to the criteria and standards at N.J.A.C. 7:50-6.86(d).

(d) The application fee for mixed residential and non-residential development shall be the sum of the residential and non-residential development fees as calculated according to the relevant fee schedules in (b) and (c) above.

(e) The application fee required at the time of submission of a development application in accordance with (a) through (d) above or (f) below shall:

1. Be increased by $ 3,125 if an individual on-site septic system is proposed pursuant to N.J.A.C. 7:50-6.84(a)5iv(2)(I) or (3);

2. Equal 50 percent of the calculated fee if a public agency is the applicant; and

3. Not exceed $ 50,000 unless a public agency is the applicant, in which case the fee shall not exceed $ 25,000.

(f) An application fee in accordance with (a) through (d) above shall be submitted for an application where a certificate of filing, a certificate of completeness, or a public development approval has not been issued pursuant to N.J.A.C. 7:50-4.34, 4.15, or 4.56 and either no direct activity in furtherance of the Commission's application process has occurred for a period of two years or there has been a significant or material change in the proposed development that is the subject of the application.

(g) The application fee for a development application submitted by a qualified tax-exempt religious association or corporation or a qualified tax exempt non-profit organization shall be $ 500.00 or the amount calculated in accordance with (a) through (d) above, whichever is less. For purposes of this provision, the term "qualified tax-exempt religious association or corporation" means a religious association or corporation which is exempt from Federal income taxation under Sections 501(c)(3) or (d) of the Internal Revenue Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Sections 501(c)(3) and (d). For purposes of this provision, the term "qualified tax-exempt non-profit organization" means a non-profit organization which is exempt from federal income taxation under Sections 501(c)(3) of the Internal Revenue Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Sections 501(c)(3).

(h) The fee for a Letter of Interpretation or Amended Letter of Interpretation submitted pursuant to N.J.A.C. 7:50-4, Part VI, shall be determined according to the following:

1. There shall be no fee for a Letter of Interpretation involving the allocation of Pinelands Development Credits except for an Amended Letter of Interpretation requested within five years of issuance of the original Letter of Interpretation, in which case the fee shall be $ 250.00 plus $ 6.25 per acre of land for which the amended allocation is requested; and

2. The application fee for any other Letter of Interpretation or Amended Letter of Interpretation shall be $ 250.00.

(i) The application fee for the review and processing of a request for a letter stating information that is available in a municipal land use ordinance or stating other information readily available to the public from a source other than the Pinelands Commission shall be $ 250.00.

(j) The application fee for an Amended Certificate of Filing, Amended Certificate of Completeness, or amended public development approval shall be $ 250.00 or 10 percent of the original permit fee, whichever is greater, with a maximum fee of $ 3,750. If a request for an Amended Certificate of Filing, Amended Certificate of Completeness, or amended public development approval is submitted more than five years following the issuance of the original Certificate of Filing, Certificate of Completeness, or public development approval, the fee shall be calculated as if a new application had been submitted.

(k) The fee for the review of any study or survey prior to the submission of a development application pursuant to N.J.A.C. 7:50-4.14 or 4.33, including, but not limited to, any threatened or endangered species protocol, threatened or endangered species protocol results or a cultural resource survey, shall be one-third of the estimated application fee calculated in accordance with (b) through (d) above. Any fee submitted in accordance with this provision shall be deducted from the application fee due at the time of submission of the application for the proposed development for which the study or survey was prepared or conducted.

(l) The application fee for a Certificate of Filing or Certificate of Completeness associated with an application for general development plan approval in accordance with N.J.S.A. 40:55D-45.3shall be one-half of the estimated application fee calculated in accordance with (b) through (d) above. The remainder of the application fee, adjusted as necessary to reflect any changes from the general development approval, shall be due upon submission of any subsequent applications for individual phases of the development, each of which shall require a new Certificate of Filing or Certificate of Completeness.

N.J. Admin. Code § 7:50-1.6

Amended by 50 N.J.R. 969(a), effective 3/5/2018

Amended by 55 N.J.R. 2407(a), effective 12/4/2023