(a) Except as provided in (a)1 and 2 below, all applications required or permitted by any provision of this Plan shall be accompanied by a nonrefundable application fee of $200 or a fee calculated according to the fee schedule set forth in (b) through (k) 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. 7:50-1.7 has 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 memorandum of 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 or 4.33 shall be calculated as follows:
1. There shall be a $200 fee for a residential development consisting of one unit or one lot;
2. The fee for all other residential developments shall be calculated based on the number of proposed dwelling units or lots, 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. $200.00 per dwelling unit or lot for the first
four units or lots;
ii. $225.00 per dwelling unit or lot for units/lots five through 50;
iii. $125.00 per dwelling unit or lot for units/lots 51 through 150; and
iv. $100.00 per dwelling unit or lot 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 or 4.33 shall be calculated in accordance with the following based on typical construction costs, except as provided in (c)1 through 7 below: one percent of construction costs for the first $500,000 of the total construction cost; three-fourths percent of construction costs for the portion of the construction costs between $500,000 and $1 million; and one-half percent of the construction costs for the portion of the construction costs in excess of $1 million. 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. For fees calculated based on the percentage of construction costs, such costs shall be supported by the sworn statement of a licensed architect, licensed engineer, or other qualified individual, if an architect or engineer has not been retained for the project, as to the expected construction costs.
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 $5.00 per mile 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 $5.00 per acre that is subject to the forestry activities;
3. For the development of a golf course, the fee shall be $150.00 per acre 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, 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 $150.00 per acre of all land included in the right of way of the proposed linear development project plus $150.00 per acre located outside of the right of way that will be disturbed as part of a linear development project. ALinear 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. Linear development shall not include residential, commercial, office or industrial buildings, improvements within a development such as utility lines or pipes, or internal circulation roads;
5. For a resource extraction permit application or permit renewal application, the application fee shall be $1,500.00 plus $30.00 per acre to be mined within each permit period;
6. For a change of use with no additional development or home occupations, the application fee shall be $200.00; and
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 which will exist following the subdivision or resubdivision regardless of the number of lots that existed prior to the subdivision.
(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 shall:
1. Be increased by $2,500.00 if an individual on-site septic system is proposed pursuant to N.J.A.C. 7:50-6.84(a)5;
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 or a certificate of completeness has not been issued pursuant to N.J.A.C. 7:50-4.34 or 4.15 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 and 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 Aqualified 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 Service Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Sections 501(c)(3) and (d). For purposes of this provision, the term Aqualified tax-exempt non-profit organization@ means a non-profit organization which is exempt from Federal income taxation under Section 501(c)(3) of the Internal Revenue Service Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(c)(3).
(h) The fee for a Letter of Interpretation or Amended Letter of Interpretation 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, in which case the fee shall be $200.00 plus $5.00 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 $200.00.
(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 $200.00.
(j) The application fee for an Amended Certificate of Filing shall be $200.00 or 10 percent of the original permit fee, whichever is greater, with a maximum fee of $3,000. If a request for an Amended Certificate of Filing is submitted more than five years following the issuance of the original Certificate of Filing, 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.