Borough of Hasbrouck Heights, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 4-11-2000 by Ord. No. 1893. Amendments noted where applicable.]

§ 133-1 Applicability of other regulations.

§ 133-2 Fees under Chapter 11, Checks, Returned.

§ 133-3 Fees under Chapter 20, Court, Municipal.

§ 133-4 Fees under Chapter 28, Fire Department.

§ 133-5 Fees under Chapter 45, Officers and Employees.

§ 133-6 Fees under Chapter 55, Police Department.

§ 133-6.1 Fees under Chapter 61, Records, Open Public.

§ 133-7 Fees under Chapter 80, Alarm Devices.

§ 133-8 Fees under Chapter 84, Alcoholic Beverages.

§ 133-9 Fees under Chapter 88, Amusement Devices.

§ 133-10 Fees under Chapter 117, Condominium Conversions.

§ 133-11 Fees under Chapter 118, Contractor Registration.

§ 133-12 Fees under Chapter 119, Construction Codes, Uniform.

§ 133-13 Fees under Chapter 124, Dogs.

§ 133-14 Fees under Chapter 137, Filming.

§ 133-15 Fees under Chapter 139, Fire Prevention.

§ 133-15.1 Fees under Chapter 142, Flood Hazard Areas.

§ 133-16 Fees under Chapter 144, Fortune-Telling.

§ 133-17 Fees under Chapter 148, Garage Sales.

§ 133-18 Fees under Chapter 152, Garbage, Rubbish and Refuse.

§ 133-19 Fees under Chapter 160, Hotels and Boardinghouses.

§ 133-20 Fees under Chapter 172, Laundries and Dry-Cleaning Establishments.

§ 133-21 Fees under Chapter 178, Littering.

§ 133-21.1 Fees under Chapter 181, Motor Vehicle Sales Enterprises, Licensing of Certain.

§ 133-21.2 Fees under Chapter 190, Parking Lots.

§ 133-21.3 Fees under Chapter 194, Parks and Recreation Areas.

§ 133-22 Fees under Chapter 202, Peddling and Soliciting.

§ 133-23 Fees under Chapter 212, Rental Property.

§ 133-24 Fees under Chapter 222, Sewers.

§ 133-25 Fees under Chapter 225, Sidewalk Cafe Licensing.

§ 133-26 Fees under Chapter 228, Soil Removal.

§ 133-26.1 Fees under Chapter 231, Soil Movement.

§ 133-27 Fees under Chapter 232, Soil Stabilization.

§ 133-28 Fees under Chapter 236, Streets and Sidewalks.

§ 133-29 Fees under Chapter 271, Vehicles, Towing of.

§ 133-30 Fees under Chapter 275, Zoning.

§ 133-31 Developer's fees and affordable housing trust fund.

§ 133-1 Applicability of other regulations.

The fees contained herein correspond to the chapters contained within the Code of the Borough of Hasbrouck Heights. Consult applicable chapters for additional requirements pertaining to fees and licenses and the issuance thereof.

§ 133-2 Fees under Chapter 11, Checks, Returned.

There shall be a service charge of $20 per check or other written instrument so returned for insufficient funds.

§ 133-3 Fees under Chapter 20, Court, Municipal.

There shall be a fee of $50 for any defendant who seeks representation before the Public Defender; the fee may be reduced or waived.

§ 133-4 Fees under Chapter 28, Fire Department.

A. 
Article VI, Ambulance Service Fees. Ambulance service fees are as follows:
(1) 
For residents and nonpaying guests of residents: no fee or charge.
(2) 
All other persons individually:
(a) 
A fee of $125 per occasion upon which emergency service is rendered.
(b) 
A fee of $5 per mile traveled by the ambulance outside of the limits of the Borough for any of the following: responding to the emergency call; delivering such person to the hospital or other such receiving facility and return to the Borough; and return to the hospital or other such receiving facility for the retrieval of Borough equipment left there.
(c) 
A fee of $100 per hour for any time exceeding 1/4 hour which the ambulance is required to remain at the hospital or other such receiving facility to admit the patient, to retrieve Borough equipment and/or other similar reasonably necessary circumstances.
(d) 
A fee of $20 per occurrence for basic defibrillator procedures.
(e) 
A fee of $12 per occurrence for the administration of oxygen.

§ 133-5 Fees under Chapter 45, Officers and Employees.

A. 
Article I, Miscellaneous Offices.
(1) 
The Tax Collector may impose a fee or charge of $5 for the first duplicate copy of a tax bill and $25 for each subsequent duplicate copy of the same tax bill ordered in the same tax year.
(2) 
The Tax Collector may impose a fee or charge of $50 to provide a tax sale certificate redemption calculation to any party entitled to redeem that certificate after the party has requested and received two such prior calculations without charge in any calendar year.
[Added 6-7-2010 by Ord. No. 2240]
(3) 
The Tax Collector may impose a fee or charge of $50 to provide any tax sale certificate redemption calculation to any lien holder on a certificate that they own, which fee or charge may not be passed onto the certificate.
[Added 6-7-2010 by Ord. No. 2240]

§ 133-6 Fees under Chapter 55, Police Department.

[Amended 11-28-2000 by Ord. No. 1913; 8-25-2015 by Ord. No. 2349]
A. 
Article I, Creation and Organization.
(1) 
Police Examining Board. For each application for appointment to the Police Department: $125.
(2) 
Special protection (§ 55-19).
(a) 
For the use of any motor vehicle of the Police Department: $65 for the first four hours or any part thereof, and $15 per hour thereafter.
(b) 
For the services of any police officer: at an hourly rate equal to the gross hourly salary otherwise paid to that officer.
B. 
Article IV, Fees.
(1) 
Issuance of firearms identification card: $5.
(2) 
Application for a firearms handgun purchase permit: $2.
(3) 
For each application for appointment to the Police Department: $125.
(4) 
Responses to public records requests: as provided in § 133-6.1, which governs responses to open public records request.
(5) 
Online reports: $1.50 plus vendor's fee.

§ 133-6.1 Fees under Chapter 61, Records, Open Public.

[Added 8-22-2006 by Ord. No. 2139; amended 8-25-2015 by Ord. No. 2349]
A. 
The following fees shall be charged by the custodian of government records, the custodian of police records, the custodian of Municipal Court or any other custodian of records of this Borough for the making of copies of any records in their custody, respectively, which are subject to public access hereunder, when such copy is requested pursuant to a request duly made in accordance with N.J.S.A. 47:1A-5.
(1) 
Photocopies.
(a) 
Letter-size pages: $0.05 per page.
(b) 
Legal-size pages: $0.07 per page.
(2) 
Audiotapes or compact disks of meetings or other proceedings: the actual cost of the media upon which the copy is made.
(3) 
Computer records: the actual cost of the media upon which the copy is made.
(4) 
Whenever the nature, format, manner of collation or volume of government record requested to be copied involves an extraordinary expenditure of time and effort to accommodate the request, the "special service charge" allowed by law to be charged shall be the overtime rate of the employee or employees of the Borough of Hasbrouck Heights directed by the respective custodian of government records to respond to the specified request, provided the work is performed outside regular business hours, in addition to both the direct actual cost of duplicating any requested record requiring extraordinary duplication methods and those requested records to be duplicated by regular routine means ordinarily employed by the Borough. The requestor shall have the opportunity to review and object to the charges prior to their being incurred.

§ 133-7 Fees under Chapter 80, Alarm Devices.

A. 
Article I, Fire and Burglar Alarm Systems Transmitting Signals Either Directly or Indirectly to the Police Department of the Borough.
[Amended 8-25-2015 by Ord. No. 2349]
(1) 
Initial permit fee.
(a) 
One- or two-family owner-occupied dwelling: $25.
(b) 
Other premises: $100.
(2) 
Annual fee.
(a) 
One- or two-family owner-occupied dwelling: $10.
(b) 
Other premises: $25.
B. 
Article II, Local Fire and Burglar Alarms.
(1) 
Registration: $10.
C. 
Article III, False Alarms Issued by Burglar Alarms Only.
(1) 
Upon the third false alarm in any year: an additional permit or registration fee in the sum of $50.
(2) 
Upon the fourth false alarm in any year: an additional permit or registration fee in the sum of $75.
(3) 
Upon the fifth false alarm in any year: an additional permit or registration fee in the sum of $100.
(4) 
Upon the sixth or any further false alarm in any year: an additional permit or registration fee in the sum of $200.

§ 133-8 Fees under Chapter 84, Alcoholic Beverages.

[Amended 8-25-2015 by Ord. No. 2349]
A. 
Article IV, License Fees.
(1) 
Plenary retail consumption license shall be:
(a) 
The sum of $925 effective May 27, 2016.
(b) 
The sum of $1,025 effective May 27, 2017.
(c) 
The sum of $1,250 effective May 27, 2018.
(2) 
Plenary retail distribution license shall be:
(a) 
The sum of $600 effective May 27, 2016.
(b) 
The sum of $650 effective May 27, 2017.
(c) 
The sum of $700 effective May 27, 2018.
(3) 
Club license shall be:
(a) 
The sum of $150.

§ 133-9 Fees under Chapter 88, Amusement Devices.

A. 
Permit or license fee: $500 per year or part thereof for each machine.
B. 
In the case of a machine placed upon premises licensed by the State of New Jersey under its Alcoholic Beverage Control Statutes (N.J.S.A. 33:1-1 et seq.) with a club or plenary retail consumption license: $200 per year or part thereof for each machine.

§ 133-10 Fees under Chapter 117, Condominium Conversions.

Notice to Clerk that owner seeks to convert premises into condominiums or cooperatives: $50 per tenant.

§ 133-11 Fees under Chapter 118, Contractor Registration.

A. 
Registration fee: $35.
B. 
Annual renewal fee: $25.

§ 133-12 Fees under Chapter 119, Construction Codes, Uniform.

A. 
The fee for a construction permit shall be the sum of the subcode fees listed in the subsections hereof and shall be paid before the permit is issued.
[Amended 8-12-2008 by Ord. No. 2186]
(1) 
The building subcode fees shall be:
(a) 
For new construction, $0.027 per cubic foot of building or structure volume.
(b) 
For renovations, alterations and repairs, fees shall be based upon the estimated cost (FMV) of the work. The fee shall be in the amount of $24 per $1,000, but in no event a fee of less than $50. For the purpose of determining estimated cost, the applicant shall submit to the Building Subcode Official cost data produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, may be submitted. The Building Subcode Official will make the final decision regarding estimated cost.
(c) 
For additions, $0.027 per cubic foot of building or structure volume for the added portion, plus the fee for alterations, if any, to any existing building.
(d) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
(2) 
Plumbing subcode fees.
(a) 
No permit shall be required in case of repairs of leaks or faucets nor in case of removal of stoppage when the obstruction can be reached from existing cleanouts or readily accessible points without disturbing or altering any part of the drainage system. In case it is necessary to expose any part of the drainage system or house sewer, a permit to uncover the same must be first obtained from the Plumbing Inspector, and a fee of $50 shall be paid to cover the cost of inspection.
(b) 
The fee for a permit to connect or reconnect each and every plumbing fixture shall be in accordance with the following schedule:
[1] 
For each plumbing fixture, device or equipment to be connected or reconnected, except as specifically enumerated herein, $12 each; $50 minimum permit.
[2] 
Other equipment.
Type
Fee
Washing machine
$15
Water heater
$45
Heating boiler
$50
Backflow devices on boilers
$15
Water utility connection
$65
Sewer utility connection
$65
Manhole (sewer)
$25
Hose bib or drinking fountain
$12
Garbage disposal
$20
Water-cooled air-conditioning unit or refrigeration unit:
10 tons or less
$50
Over 10 tons
$75
Sewer ejector
$50
Vent stack
$15
Water softener
$25
Swimming pool water supply
$15
Swimming pool water heater
$65
Gas range; heater; dryer; barbecue
$15
Sauna; whirlpool
$30
Solar system (collector and controls)
$100
Gas piping/meter
$25
Major replacement of interior water/waste piping
$50
Indirect waste connection
$20
Floor drain
$20
Interceptors (grease trap)
$65
Pressure reducer
$20
Cross-connection devices
$50
Other backflow devices
$50
(3) 
The electrical subcode fees and the elevator safety subcode fees shall be those as established in the respective subcode, together with such additional administrative fees or charges as may be permitted therein or such other fees and administrative charges as may be established by the Department of Community Affairs, except as follows:
[Amended 8-25-2015 by Ord. No. 2349]
(a) 
Switches/fixtures/receptacles/smoke detectors/light poles/motors (fraction horsepower)/emergency and exit lights/communications points/alarm devices/FAC panel: $10 for each such item.
(b) 
Devices, generators/transformers, including ranges, ovens, surface units, water heater, dryer, dishwasher, central air-conditioning unit, space heater, air handler, baseboard heat, sign/outline lights, etc., each:
Kilowatts
Fee
1 to 10
$10
10.1 to 45
$50
45.1 to 112.5
$95
Over 112.5
$460
(c) 
Motors, including garbage disposals, space heater/air handler, etc., each:
Horsepower
Fee
1 to 10
$10
11 to 50
$50
51 to 100
$95
Over 100
$460
(d) 
Service panels/service entrance/subpanels motor control center, each:
Amperes
Fee
0 to 200
$50
201 to 1,000
$95
Over 1,000
$460
Underground service (additional inspection)
$25
(e) 
Photovoltaic systems:
Kilowatts
Fee
1 to 50
$65
51 to 100
$129
More than 100
$640
(f) 
Pool permit with underwater lights/storable pool/spa/hot tub: $45.
(g) 
Minimum permit fee: $46.
(4) 
The fire subcode fee shall be a minimum fee of $50 for each application, fees otherwise to be in accordance with the following schedule.
(a) 
Sprinkler systems and detectors:
[1] 
For installation of one to 20 sprinkler heads and/or detectors: $65.
[2] 
For installation of 21 to 100 sprinkler heads and/or detectors: $120.
[3] 
For installation of 101 to 200 sprinkler heads and/or detectors: $229.
[4] 
For installation of 201 to 400 sprinkler heads and/or detectors: $594.
[5] 
For installation of 401 to 1,000 sprinkler heads and/or detectors: $972.
[6] 
For installation in excess of 1,001 sprinkler heads and/or detectors, the fee shall be computed according to the above schedule, with the base fee being $1,050.
[7] 
In computing fees for sprinkler heads and detectors, the number of each shall be counted separately, and two fees, one for heads and one for detectors, shall be charged.
(b) 
The fee for each standpipe shall be $229.
(c) 
The fee for each yard hydrant post-indicator valve shall be $50.
(d) 
The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $46.
(e) 
The fee for each independent pre-engineered suppression system shall be $92.
(f) 
The fee for each kitchen exhaust system shall be $46.
(g) 
The fee for fire alarm systems (bells, pull boxes, annunciators) shall be:
[1] 
One through 10: $40.
[2] 
Each additional five: $10.
(h) 
Oil-burning equipment.
[1] 
For equipment to burn or store oil or flammable liquids, the fee shall be as follows:
[a] 
For each tank up to 999 gallons: $50.
[b] 
For each tank from 1,000 to 2,999 gallons: $100.
[c] 
For each tank from 3,000 gallons to 4,999 gallons: $150.
[d] 
For each tank from 5,000 gallons and over: $200.
[2] 
When installed with oil-burning equipment, the fee for tank installation shall cover installation of oil-burning equipment. For replacement of oil burner, the fee shall be $45 less than the above quote based on fuel storage equipment. When monitoring wells are installed with tank installations, an additional fee of $35 per unit shall be charged.
(5) 
The nonrefundable fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
(6) 
The fee for a demolition permit shall be:
(a) 
Floor area of less than 500 square feet: $40.
(b) 
Floor area of 501 to 1,500 square feet: $75.
(c) 
Floor area of 1,501 to 5,000 square feet: $150.
(d) 
Floor area of over 5,000 square feet: $400.
(7) 
The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $20 per $1,000 of the sum of the estimated costs for moving and for placement in a completed condition in the new location, plus normal fee for foundations, provided that the minimum fee shall be $50.
(8) 
The fee for a permit to construct a sign shall be $3 per square foot of the surface area of the sign, provided that the minimum fee shall be $50.
(9) 
The fee for a permit to erect a fence of six feet or less in height shall be $60 and of a height greater than six feet shall be $20 per $1,000 of estimated cost (FMV), provided that the minimum fee shall be $60.
(10) 
The fees for permits for swimming pools shall be as follows.
(a) 
All in-ground pools: $150.
(b) 
All aboveground pools having either heights of two feet or more or areas of 100 square feet or more: $100.
(11) 
The certificate of occupancy fee shall be:
(a) 
For a certificate of continued occupancy for a single-family dwelling, the sum of $50.
(b) 
For a certificate of continued occupancy for a two-family dwelling, the sum of $75.
(c) 
For a certificate of occupancy granted pursuant to change of use:
[1] 
One-family (residential), owner-occupied: $50.
[2] 
Two-family (residential): $75.
(d) 
For a multiple certificate of occupancy: $20 per unit.
(e) 
For a certificate of occupancy on new construction, 10% of the total construction permit fee.
(f) 
For a construction certificate of occupancy (additions and new buildings):
[1] 
Residential building: $50 per household.
[2] 
Accessory building: $25.
[3] 
Other: $100.
(12) 
The fee for a permit for installation of an elevator shall be $150.
(13) 
The installation of an elevator or escalator shall be limited to an installer certified under state regulations as qualified, and such installation shall be certified to the Borough as in conformance with state regulations, whereupon the Borough will issue a permit for such installation and use for a fee of $75. Thereafter, in accordance with state regulations, within each six-month period there shall be an inspection of such elevator or escalator by the installer, who must renew his certification to the Borough in conformance with state regulations, whereupon the Borough shall issue a permit for a fee of $75 for continued use.
(14) 
Exempt from the imposition of any of the foregoing fees for construction permits shall be:
(a) 
Nonprofit religious organizations.
(b) 
Public education institutions.
(c) 
Any construction or improvement for residential premises for the purpose of providing accessibility by disabled persons residing thereupon.
(15) 
For the erection of a freestanding sign having a height of greater than six feet, a fee of $50.
(16) 
For the abandonment or removal of a fuel tank upon or from any single- or two-family residential premises, a fee of $75 per tank, and upon or from any other premises, a fee of $100 per tank.
B. 
Surcharge fee for training, certification and technical support programs: $0.0014 per cubic foot of volume of new construction.

§ 133-13 Fees under Chapter 124, Dogs.

A. 
Article III, Licensing.
(1) 
Annual dog license fee: $10.80.
[Amended 12-11-2007 by Ord. No. 2163
(2) 
State fees. In addition to the fee set forth in Subsection A(1), the following fees shall be paid:
(a) 
Additional license and registration fee to be placed in the Pilot Clinic Fund: $0.20.
(b) 
Additional fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization, to be deposited in the Animal Population Control Fund.
(c) 
State tag fee: $1.
(3) 
Renewal fees. In addition to dog licensing fees, the following separate administrative fee shall be paid:
(a) 
Upon application for renewal of a license after February 1 of any year, a renewal fee of $10.
(b) 
Upon application for renewal of a license after June 1 of any year, a renewal fee of $20.

§ 133-14 Fees under Chapter 137, Filming.

[Amended 9-9-2008 by Ord. No. 2191
The schedule of fees for the issuance of licenses authorized by Chapter 137 are as follows:
A. 
Basic filming license: $75. If an applicant requests expedited processing of the license application, then the basic filming license fee shall be $125 if the Clerks deems that such expedited issuance is reasonably possible.
B. 
Daily filming fee payable in addition to the basic filming license: $500 per day.
C. 
Daily filming fee payable for major motion picture: $1,500 per day. For the purposes hereof, a "major motion picture" is defined as any filming which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
(1) 
Universal Pictures.
(2) 
Warner Brothers, including New Line Cinema, Castle, Village Road Show and Bel-Aire.
(3) 
Paramount, including MTV Films and Nickelodeon Movie.
(4) 
20th Century Fox, including Fox Searchlight.
(5) 
Sony/Columbia.
(6) 
Disney/Miramax.
(7) 
MGM–United Artists.
(8) 
Dreamworks.
(9) 
Any film for which the budget is at least $5,000,000.
(10) 
Recurrent weekly television series programming.
D. 
Filming license for nonprofit applicants filming for educational purposes (no daily rate required): $25.
E. 
Filming upon public lands or rights-of-way. In addition to the foregoing, if the filming is proposed upon public lands or rights-of-way, the applicant shall provide the Borough with satisfactory proof of the following:
(1) 
Insurance coverage as follows:
(a) 
For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.
(b) 
For property damage for each occurrence in the aggregate amount of $300,000.
(2) 
An agreement, in writing, whereby the applicant agrees to indemnity and save harmless the Borough of Hasbrouck Heights from any and all liability, expense, claim or damages resulting from the use of public lands.
(3) 
The posting of cash of $500 or a maintenance bond of $500 running in favor of the Borough and protecting and insuring that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Borough ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the Borough will return the bond if there has been no damage to public property or public expense caused by the filming.
(4) 
The engagement through the office of the Chief of Police of an off-duty Hasbrouck Heights Police Officer in accordance with the applicable ordinance in respect thereto and for those times indicated on the license.

§ 133-15 Fees under Chapter 139, Fire Prevention.

A. 
Article I, Uniform Fire Code.
(1) 
The permit fees established by the Uniform Fire Code are hereby adopted.
(2) 
Additional permit fees shall be as follows.
(a) 
Acids.
[1] 
Use, handling or storage of each carboy of acids over 10: $12.
[2] 
Storage for resale: $17.
[3] 
Manufacture: $85.
[4] 
Transportation by tank vehicle, each vehicle: $15.
(b) 
Bowling establishments: $50.
(c) 
Calcium carbide.
[1] 
Up to 1,000 pounds: $21.
[2] 
Over 1,000 pounds: $40.
(d) 
Diesel engines, per-unit installation: $20.
(e) 
Dust explosion hazards: $25.
(f) 
Edible fats or oils.
[1] 
Sale or storage or handling for sale: $15.
[2] 
Manufacture, processing and refining: $35.
(g) 
Explosives, ammunition and blasting agents.
[1] 
Transportation, storage or use of explosives not otherwise specified herein: $150.
(h) 
Parking garages.
[1] 
Capacity up to 10 vehicles (storage or display): $25.
[2] 
Capacity up to 50 vehicles (storage or display): $50.
[3] 
Capacity over 50 vehicles (storage or display): $75.
(i) 
Gas dryer installation. Installation in apartment house laundries, self-service laundries or commercial laundries.
[1] 
For first unit: $35.
[2] 
Each additional unit: $15.
(j) 
Heat-producing appliances, installation (includes all gas-burning equipment such as furnaces, dryers, ovens, space heaters, etc., except domestic hot-water heaters).
[1] 
Commercial or public building and all apartment installation or conversion.
[a] 
For first unit: $40.
[b] 
Each additional unit: $15.
[2] 
Residence building installation or conversion.
[a] 
For first unit: $25.
[b] 
Each additional unit: $10.
(k) 
Oil.
[1] 
Oil-burning or oil-storage equipment.
[a] 
Each tank up to 999 gallons' capacity: $25.
[b] 
Each tank from 1,000 gallons' capacity to 2,999 gallons' capacity: $40.
[c] 
Each tank from 3,000 gallons' capacity to 4,999 gallons' capacity: $75.
[d] 
Each tank of 5,000 gallons' capacity and over: $150.
[2] 
When installed with oil-burning equipment, the fee for the installation of the tank shall cover the installation of the oil-burning equipment.
[3] 
For the replacement of an oil burner, the fee shall be $10 less than quoted above, based on the fuel-storage capacity.
(l) 
Commercial cooking equipment upon premises not categorized as a life hazard: $25.
(m) 
Pipeline, each line for delivering or transporting combustible liquids or gases: $110.
(n) 
Refrigeration, in excess of 20 pounds of refrigerant: $25.
(o) 
Other premises. Upon inspection of other premises not categorized as a life-hazard use, except single- and two-family occupied by the holder of the title pursuant to § 5:70 of the New Jersey Uniform Fire Code and except structures containing three or more dwelling units shall pay a fee according to total square footage.
[Amended 8-25-2015 by Ord. No. 2349]
Square Footage
Fee
Up to 500 sq. ft.
$40
501 to 750 sq. ft.
$45
751 to 1,000 sq. ft.
$50
1,001 to 1,500 sq. ft.
$55
1,501 to 2,000 sq. ft.
$60
2,001 to 3,000 sq. ft.
$65
3,001 to 4,000 sq. ft.
$70
4,001 to 5,000 sq. ft.
$75
5,001 to 6,000 sq. ft.
$80
6,001 to 7,000 sq. ft.
$85
7,001 to 8,000 sq. ft.
$90
8,001 to 9,000 sq. ft.
$95
9,001 to 10,000 sq. ft.
$100
10,001 to 11,000 sq. ft.
$105
11,001 to 12,000 sq. ft.
$110
12,001 to 15,000 sq. ft.
$115
15,001 to 18,000 sq. ft.
$120
18,001 to 21,000 sq. ft.
$125
21,001 to 24,000 sq. ft.
$130
24,001 to 27,000 sq. ft.
$135
27,001 to 33,000 sq. ft.
$140
33,001 to 39,000 sq. ft.
$150
Over 39,000 sq. ft.
$10 per 1,000 sq. ft.
(p) 
Annual inspection of structures containing three or more dwelling units: $100.
[Amended 8-25-2015 by Ord. No. 2349]
(q) 
Inspection of garden apartments, per building: $10.
[Amended 8-25-2015 by Ord. No. 2349]
(r) 
Vehicles or machinery propelled by flammable liquid or gases operated inside building or structures, not meant to be a registered vehicle or to be used on a public street: $20 per vehicle.
[Amended 8-25-2015 by Ord. No. 2349]
(s) 
Liquid petroleum gases used for motor fuel (LPG and propane fee per tank):
[Added 8-25-2015 by Ord. No. 2349]
Number of Tanks
Fee
1 to 5
$7
6 to 20
$14
Over 20
$20
(t) 
Pipeline, each line for delivering or transporting combustible liquid or gases: $100.
[Added 8-25-2015 by Ord. No. 2349]
(u) 
Refrigeration, in excess of 20 pounds of refrigerant: $25.
[Added 8-25-2015 by Ord. No. 2349]
(v) 
Tar kettles, use per job: $25.
[Added 8-25-2015 by Ord. No. 2349]
(w) 
Annual inspections of structures containing three or more dwelling units, $35 per inspection or $5 per dwelling unit plus any other applicable fees, whichever is greater.
[Added 8-25-2015 by Ord. No. 2349]

§ 133-15.1 Fees under Chapter 142, Flood Hazard Areas.

The application fee for a development permit shall be $100.

§ 133-16 Fees under Chapter 144, Fortune-Telling.

The annual license fee shall be $1,000.

§ 133-17 Fees under Chapter 148, Garage Sales.

License fees shall be:
A. 
Garage sale license: $5.
B. 
Second garage sale license in any twelve-month period: $10.

§ 133-18 Fees under Chapter 152, Garbage, Rubbish and Refuse.

A. 
Article IV, Deposit of Compostable Refuse.
(1) 
Annual permit fee to deposit compostable refuse: $100.
(2) 
Tickets for deposit of materials, per truckload:
(a) 
One pickup truck ticket: $10.
(b) 
One mason dump truck ticket: $20.
(c) 
One rack-type truck ticket: $30.

§ 133-19 Fees under Chapter 160, Hotels and Boardinghouses.

A. 
Article I, Boardinghouses and Lodging Houses.
(1) 
Boardinghouses.
(a) 
For boardinghouses having a maximum capacity of three adult boarders: $100.
(b) 
For each additional adult boarder: $50.
(2) 
Lodging houses.
(a) 
For lodging houses having a maximum capacity of three adult lodgers: $100.
(b) 
For each additional adult lodger: $50.
B. 
Article II, Hotels and Motels.
(1) 
Annual license fee per calendar year, or any part thereof: $650.
(2) 
Transfer of license: $100 (nonrefundable).

§ 133-20 Fees under Chapter 172, Laundries and Dry-Cleaning Establishments.

The annual license fee shall be $50.

§ 133-21 Fees under Chapter 178, Littering.

A. 
Retrieval of shopping carts (§ 178-16). The following fees must be paid prior to retrieval of shopping carts.
(1) 
Collection fee: $25 per cart.
(2) 
Storage fee: $10 per day per cart.

§ 133-21.1 Fees under Chapter 181, Motor Vehicle Sales Enterprises, Licensing of Certain.

[Added 8-12-2003 by Ord. No. 2015; amended 11-22-2005 by Ord. No. 2110; 2-24-2009 by Ord. No. 2203; 5-11-2010 by Ord. No. 2236]
A. 
Fees.
(1) 
Annual license application fee: $1,000, which shall include all applications regardless of when the same is sought during the term of such license.
(2) 
Application for reinstatement following revocation: $1,000.
(3) 
Appeal to the governing body: $500.
B. 
Required form of payment. All fees required hereunder shall be paid only in the form of cash, certified check, cashier’s check or money order.
C. 
The fees cover only those inspections as required in Chapter 181. In the event that any of those inspections demonstrate the need to obtain other approvals, the cost of those additional inspections, certificates or permit shall be additionally charged as otherwise provided in this chapter.

§ 133-21.2 Fees under Chapter 190, Parking Lots.

A. 
Article III, Public Parking Permits and Daytime Parking at Central Avenue Parking Lot. Application for overnight parking permit: $600.
[Added 10-23-2007 by Ord. No. 2161]

§ 133-21.3 Fees under Chapter 194, Parks and Recreation Areas.

[Added 2-9-2010 by Ord. No. 2225; amended 3-9-2010 by Ord. No. 2227]
A. 
The applicant shall deposit with the Borough Clerk prior to the issuance of a license for the use of Woodland Park, as provided in § 194-1 et seq., a sum based upon the number of expected attendees, as follows:
(1) 
Nine to 25: $150, or $200 if the permittee is granted the use of the bathroom facilities;
(2) 
Twenty-six to 50: $175, or $225 if the permittee is granted the use of the bathroom facilities;
(3) 
Fifty-one to 75: $200, or $250 if the permittee is granted the use of the bathroom facilities;
(4) 
Seventy-six to 100: $225, or $275 if the permittee is granted the use of the bathroom facilities;
(5) 
More than 100: $250, or $300 if the permittee is granted the use of the bathroom facilities; and
(6) 
Groups of no more than 50, either composed of members of a local, nonprofit, civic, educational, governmental or religious associations having a membership 50% of which is composed of Borough residents and their nonpaying invitees; or composed of members who regularly perform services to the Borough: $150, all of which may be refundable as hereafter provided.
B. 
The Borough Clerk shall charge against the said deposit a sum based upon the estimate of the Superintendent of Public Works of the cost to clean the park after the respective use and the cost to repair any damage resulting from that use, but nevertheless no less than 50% of the deposit, except in respect to applicants referred to in Subsection A(6) above. Any sum thereafter remaining shall be returned to the permittee.

§ 133-22 Fees under Chapter 202, Peddling and Soliciting.

A. 
Article I, Peddlers and Transient Merchants. License fees shall be as follows.
(1) 
Peddlers: $100 per year.
(2) 
Transient merchants: $75 for a period of 180 days.
(3) 
Transient merchant peddler: the amount prescribed by Subsection A(2) and, in addition thereto, the amount prescribed by Subsection A(1) for each peddler in his employment; for a period of 180 days.
B. 
Article II, Auctioneers. License fees shall be as follows.
(1) 
Auctioneers of real estate: $100 per year.
(2) 
Auctioneers of personal property: $50 per year.
C. 
Article III, Solicitors.
(1) 
The permit or license fee is $25.

§ 133-23 Fees under Chapter 212, Rental Property.

A. 
Article I, Licensing. The annual license fee is $300 per apartment.

§ 133-24 Fees under Chapter 222, Sewers.

A. 
Article I, Sewer Connections and Use.
(1) 
Permit to connect with the public sewer system: $50.
[Amended 7-9-2002 by Ord. No. 1969]
(2) 
Permit to connect private sewer with public sewer: $50.
[Amended 7-9-2002 by Ord. No. 1969]
(3) 
Testing of defective sewer connections: $50.
(4) 
Food-handling establishments, inspection and application fee.
[Added 6-27-2000 by Ord. No. 1904]
(a) 
Commercial premises: $100.
(b) 
Noncommercial premises, except for premises otherwise exempt from real property taxation which shall also be exempt from this fee: $50.
B. 
Article III, Air-Conditioning and Refrigeration Units.
(1) 
Permit to install water-cooled air-conditioning or refrigerating unit: $25.
C. 
Article IV, Force Mains.
(1) 
Permit for use of force mains: $25.

§ 133-25 Fees under Chapter 225, Sidewalk Cafe Licensing.

A. 
Application for license for a sidewalk cafe: $50.

§ 133-26 Fees under Chapter 228, Soil Removal.

A. 
Permit for soil removal: $3 per cubic yard of soil removed; fee may be waived by Superintendent of Public Works.

§ 133-26.1 Fees under Chapter 231, Soil Movement.

[Added 6-12-2012 by Ord. No. 2278]
A. 
Soil application fees. The following fees are not refundable whether the permit is issued, denied or withdrawn:
(1) 
Ministerial.
(a) 
Ministerial soil application fee: $25.
(b) 
Ministerial soil engineering escrow: $750.
(2) 
Major.
(a) 
Major soil application fee: $75.
(b) 
Major soil application engineering escrow: $3,250.
(c) 
Five cents per cubic yard of fill or excavation, whichever is greater, less the soil application fee. If the permit is denied or withdrawn, the soil moving fee shall be refunded, less the expenses incurred by the Borough.
(3) 
Exemptions. All utility companies, federal, state and local authorities, including the Board of Education and charitable organizations, and, further, any movement of soil amounting in the aggregate up to 10 cubic yards of soil in a twelve-month consecutive period shall be exempt from the requirement of the soil movement application fee and soil movement fee.
B. 
Soil moving fee.
(1) 
The soil moving fee will be charged at $0.05 per cubic yard of fill or excavation, whichever is greater, less the soil application fee. If the permit is denied or withdrawn, the soil moving fee shall be refunded, less the expenses incurred by the Borough.
(2) 
Exemptions. All utility companies, federal, state and local authorities, including the Board of Education and charitable organizations, and, further, any movement of soil amounting in the aggregate up to 10 cubic yards of soil in a twelve-month consecutive period shall be exempt from the requirement of the soil movement application fee and soil movement fee.

§ 133-27 Fees under Chapter 232, Soil Stabilization.

A. 
Escrow fee to accompany soil stabilization permit: $250.

§ 133-28 Fees under Chapter 236, Streets and Sidewalks.

A. 
Article I, Use of Sidewalks.
(1) 
Permit fee to lead or drive horse or cattle or wagons over or upon sidewalks: $30; deposit of $250.
B. 
Article III, Use of Streets and Sidewalks.
(1) 
Permit to lower the curb or change the grade of a sidewalk: $25.
(2) 
Permit to obstruct streets: $10.
(3) 
Permit to construct cellarway or hoistway in public streets: $10.
(4) 
Permit to move buildings along or through streets or public places: $100.
(5) 
Parade permit: $100, plus reimbursement for police and Department of Public Works overtime.
(6) 
Permit to fasten electric wires upon shade trees in public streets or places: $5 per tree.
C. 
Article IV, Street Openings.
[Amended 7-9-2002 by Ord. No. 1969; 8-12-2008 by Ord. No. 2186]
(1) 
Application fees.
(a) 
Road opening.
[1] 
Each boring or the first 10 linear feet of an opening: $50.
[2] 
From 10 linear feet to 25 linear feet, to be defined as the longest dimension: an additional $15.
[3] 
From 25 linear feet to 50 linear feet: an additional $35.
[4] 
Openings longer than 50 linear feet: $150.
(b) 
Boring, tunneling or driving under a road: $75.
(c) 
Curb, gutter, apron, sidewalk or driveway: $15.
(d) 
Public utilities may pay an annual fee of $1,000 in lieu of individual application fees.
(2) 
Security deposit fee to guarantee restoration, pavement, curbing or topsoil.
(a) 
For opening paved areas, curbs, gutters, sidewalks or driveways.
[1] 
Base charge: $25.
[2] 
Charge for each square yard of trench opened: $15.
[3] 
Charge for each square yard of paving: $5.
[4] 
Charge for each linear foot of curb: $7.
(b) 
For opening shoulders and roadside areas.
[1] 
Base charge: $25.
[2] 
Charge for each square yard of trench opened: $5.
(c) 
For boring, tunneling or driving under the road.
[1] 
Base charge: $25.
[2] 
Charge per linear foot of boring: $1.
(3) 
Escrow deposit fee, engineering and legal costs.
(a) 
For all road openings, excavations, borings and other work, as stated on the permit application.
[1] 
Base charge, including the first five square yards on any trench, driveway or sidewalk opening torn up or excavated, and including the first 20 linear feet of any curb or gutter torn up or excavated: $100.
(b) 
Actual payment from the escrow deposit fee fund shall be based upon the following rates.
[1] 
Professional engineering services: a minimum fee of $50.
[2] 
Attorney: $65 per hour.

§ 133-29 Fees under Chapter 271, Vehicles, Towing of.

[Amended 1-28-2003 by Ord. No. 1999; 12-13-2011 by Ord. No. 2273]
A. 
Application fee: $500.
B. 
Charges. An approved tower may charge the owner or operator of a vehicle towed or stored in accordance herewith as follows:
(1) 
The sum per motor vehicle to be charged for the respective services shall depend on equipment reasonably required to be used and shall not exceed the following:
(a) 
Service charges:
[1] 
Road service between 8:00 a.m. and 6:00 p.m. weekdays: $100.
[2] 
Road service at any other time: $45.
(b) 
Towing charges:
[1] 
Automobiles between 8:00 a.m. and 6:00 p.m. weekdays: $125.
[2] 
Automobiles, holidays, weekends and weekdays at any other hour: $150.
[3] 
Motorcycles between 8:00 a.m. and 6:00 p.m. weekdays: $125.
[4] 
Motorcycles, holidays, weekends and weekdays at any other hour: $150.
[5] 
Wheel lift between 8:00 a.m. and 6:00 p.m. weekdays: $150.
[6] 
Wheel lift, holidays, weekends and weekdays at any other hour: $175.
[7] 
Flat bed between 8:00 a.m. and 6:00 p.m. weekdays: $150.
[8] 
Flat bed, holidays, weekends and weekdays at any other hour: $175.
[9] 
Trucks registered as having a gross vehicle weight rating of less than 5,000 pounds: same as provided for automobiles under Subsection B(1)(b)[1] and [2] hereof.
[10] 
Trucks registered as having a gross vehicle weight rating of 5,000 pounds but less than 10,000 pounds: $150 during weekdays between the hours of 8:00 a.m. and 6:00 p.m.
[11] 
Trucks registered as having a gross vehicle weight rating of 5,000 pounds but less than 10,000 pounds: $175 during weekdays between the hours of 6:00 p.m. and 8:00 a.m. and during weekends and legal holidays.
[12] 
Trucks registered as having a gross vehicle weight rating of 10,000 pounds or more, buses, tractor trailers and other heavy equipment: $300 for the first hour plus $75 per hour thereafter.
(c) 
Winching:
[1] 
Light wrecker, one ton: cost of tow plus $75.
[2] 
Heavy wrecker: cost of tow plus $100 plus $75 per hour labor.
(2) 
The fixed sum to be charged for each period of 24 hours for the storage of a motor vehicle towed upon notification by the Police Department as provided herein shall not exceed the following:
(a) 
Storage fee after the first 24 hours:
[1] 
Police impounds and wrecked or disabled vehicles and motorcycles: $40 per day.
[2] 
Truck in excess of 10,000 registered gross vehicle weight: $40 per day.
(b) 
For the purpose of calculating the storage charges which may be levied under this section, each part, portion or unit of any tractor-trailer or other such multiple vehicle that is registered separately shall be considered a separate vehicle and charged a separate fee.

§ 133-30 Fees under Chapter 275, Zoning.

A. 
Directional residential real estate open house annual sign permit: $100.
[Added 2-27-2007 by Ord. No. 2153]
B. 
Installation, extension or resurfacing of driveways: application fee of $50.
[Amended 8-12-2008 by Ord. No. 2186]
C. 
Zoning certificate of compliance:
[Amended 8-12-2008 by Ord. No. 2186]
(1) 
For a single-family detached dwelling house under § 275-39A(2): $50.
(2) 
For a two-family detached dwelling house under § 275-39A(1) hereof: $75.
(3) 
For a multifamily dwelling structure having more than two dwelling units or parts thereof: $50, plus $20 per dwelling unit contained therein to be covered by the certificate.
(4) 
For commercial premises or parts thereof: $100, plus $50 for each individual commercial unit contained therein to be covered by the certificate.
(5) 
For office buildings or parts thereof: $100, plus $50 for each individual office suite contained therein to be covered by the certificate.
(6) 
For industrial premises or parts thereof: $100, plus $50 for each individual industrial unit contained therein to be covered by the certificate.
(7) 
For multipurpose premises or parts thereof: $100, plus the applicable per-unit fee as provided above for each individual unit contained therein to be covered by the certificate.
(8) 
Walls or fences under four feet in height: $20 per $1,000 in construction cost but no less than $50.
(9) 
Sheds under 120 square feet in coverage: $50.
(10) 
Sidewalks: $50.
(11) 
Curb cuts: $25.
(12) 
Patios: $20 per $1,000 in construction cost but no less than $50.
(13) 
Dumpsters on streets: $250 for a seven-day maximum permit.
D. 
In the Central Business Design District, application fee for projects: $10.
[Added 4-27-2004 by Ord. No. 2035]
E. 
Application fee for an annual permit to allow the rental to residents of certain parking facilities under § 275-27.
[Added 8-9-2011 by Ord. No. 2268]
(1) 
Premises primarily used by charitable or nonprofit organizations: $10.
(2) 
All other premises: $50.

§ 133-31 Developer's fees and affordable housing trust fund.

[Added 4-14-2009 by Ord. No. 2207]
A. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to regulations of the Council on Affordable Housing of the State of New Jersey (hereinafter referred to as "COAH") and in accordance with P.L. 2008, c.46, Sections 8 (N.J.S.A. 52:27D-329.2) and 32-38 (N.J.S.A. 40:55D-8.1 through 8.7).[1] Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. § 5:97-8.
[1]
Editor's Note: Pursuant to the New Jersey Economic Stimulus Act of 2009, the Non-Residential Development Fee Act, which was signed into law on 7-17-2008, was suspended. For applicable development fees, consult the Borough offices.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. § 5:96-5.1.
(2) 
The Borough of Hasbrouck Heights shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. § 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one-hundred-percent-affordable development.
COUNCIL ON AFFORDABLE HOUSING
The New Jersey Council on Affordable Housing established under the Fair Share Housing Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state (and herein referred to as "COAH.")
DEMOLISHED
Any act or process that renders more than 50% of a structure or building unsafe for human occupancy or use shall be considered demolished for the purposes of this section.
DEVELOPMENT FEE
Funds paid by any person for the improvement of property as permitted in N.J.A.C. § 5:97-8.3.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety, and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
LIVING SPACE
All internal areas of a dwelling with a floor-to-ceiling height of greater than six feet, exclusive of garages which are not to be considered as living space.
NATURAL DISASTER
A catastrophic event, such as a hurricane, flood, earthquake, volcanic eruption, landslide, blizzard, or other natural phenomena that causes extensive human casualties, property damage, or both.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
For all residential developments, residential developers shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be 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 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.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions, and exemptions for certain residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Owner-occupied one-family, and two-family residential structures shall be exempt from development fees.
(c) 
Developments that have received final site plan approval by the Land Use Board having jurisdiction prior to the effective date of this section shall be exempt from development fees except as to any substantial change in the approval following such final approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(d) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(e) 
Any dwelling structure that is constructed as a replacement for a dwelling that was demolished as a result of a natural disaster shall be exempt from paying a development fee. The dwelling that is constructed as a replacement dwelling must be constructed on the same site as the dwelling that was demolished as a result of a natural disaster.
(f) 
Any development undertaken by or principally sponsored by a charitable, philanthropic or eleemosynary organization or undertaken or principally sponsored by a governmental agency shall be exempt from development fees.
E. 
Nonresidential development fees.
(1) 
Imposed fees
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions, and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
(b) 
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations, and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Borough as a lien against the real property of the owner.
(f) 
Any development undertaken by or principally sponsored by a charitable, philanthropic or eleemosynary organization or undertaken or principally sponsored by a governmental agency shall be exempt from development fees.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated final assessments as per the instructions provided in Form N-RDF.
(3) 
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should the Borough fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Borough. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Borough. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable housing trust fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Borough's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, the Borough shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. § 5:97-8.13(b).
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Borough's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market-to-affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the housing element and fair share plan, or any other activity as permitted pursuant to N.J.A.C. § 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Borough for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal fair share plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal fair share plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the Borough to bonus credits pursuant to N.J.A.C. § 5:96-18.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Borough may contract with a private or public entity to administer any part of its housing element and fair share plan, including the requirement for affordability assistance, in accordance with N.J.A.C. § 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a housing element and fair share plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
I. 
Monitoring. The Borough shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability for the Borough to impose, collect, and expend development fees shall expire with its substantive certification on the date of expiration of substantive certification unless the Borough has filed an adopted housing element and fair share plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Borough fails to renew its ability to impose and collect development fees prior to the date of expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund, established pursuant to Section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). The Borough shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough retroactively impose a development fee on such a development. The Borough will not expend development fees after the expiration of its substantive certification.