[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 4-11-2000 by Ord. No. 1893. Amendments
noted where applicable.]
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.
There shall be a service charge of $20 per check
or other written instrument so returned for insufficient funds.
There shall be a fee of $50 for any defendant
who seeks representation before the Public Defender; the fee may be
reduced or waived.
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.
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]
[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 pursuant to § 55-19: $100 for the first four hours or any part thereof, and $25 per hour thereafter.
[Amended 1-25-2022 by Ord. No. 2503]
(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.
[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.
(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.
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]
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.
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.
[Added 8-9-2016 by Ord.
No. 2363]
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500, and the fee for the second
renewal is $3,000. The fee for any subsequent renewal beyond the second
renewal is $5,000.
Notice to Clerk that owner seeks to convert
premises into condominiums or cooperatives: $50 per tenant.
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.
(h)
Oil-burning equipment.
[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.
(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.
(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.
(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.
(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:
(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.
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.
(4)
Exemption from licensing fees. Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs used to assist handicapped persons and commonly known as "service dogs," and dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed and registered as other dogs as herein provided except that they shall be exempt from the imposition of any licensing fee otherwise provided in § 133-13.
[Added 7-26-2016 by Ord.
No. 2360]
[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:
(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.
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.
(b)
Bowling establishments: $50.
(d)
Diesel engines, per-unit installation: $20.
(e)
Dust explosion hazards: $25.
(g)
Explosives, ammunition and blasting agents.
[1]
Transportation, storage or use of explosives
not otherwise specified herein: $150.
(j)
Heat-producing appliances, installation (includes
all gas-burning equipment such as furnaces, dryers, ovens, space heaters,
etc., except domestic hot-water heaters).
(k)
(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]
The application fee for a development permit shall be $100.
The annual license fee shall be $1,000.
License fees shall be:
A.
Article I, Boardinghouses and Lodging Houses.
The annual license fee shall be $50.
[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)
Additional fee upon late application for renewal: $200 for each month
or any portion thereof following the expiration of the term of a license
for which renewal is sought.
[Added 12-27-2018 by Ord. No. 2422[1]]
(3)
Application for reinstatement following revocation: $1,000.
(4)
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.
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]
B.
Public
parking at the Walter Avenue Municipal Parking Lot shall be at a rate
of $0.25 per quarter hour; overnight annual parking permit shall be
$600.
[Added 6-28-2022 by Ord. No. 2509]
[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.
A.
Article I, Licensing. The annual license fee is $300
per apartment.
A.
A.
Application for license for a sidewalk cafe: $50.
A.
Permit for soil removal: $3 per cubic yard of soil
removed; fee may be waived by Superintendent of Public Works.
[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:
(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.
A.
Escrow fee to accompany soil stabilization permit:
$250.
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; 3-22-2016 by Ord. No. 2355]
(1)
Application fee, nonrefundable (other than public utilities).
(b)
Boring, tunneling or driving under road: lump sum minimum of
$75.
(c)
Curb, gutter, apron, sidewalk or driveway: lump sum of $15 when
affected by excavation.
(d)
Application fees shall be accumulated in one account for each
public utility, and the funds can be utilized for the payment of expenses
incurred by the Borough for any work performed for the permittee without
restriction as to which application the funds were originally posted.
(e)
In lieu of individual application fees, public utilities may
pay fees of $250.
(2)
Application fee (utilities).
(a)
Road opening. Public utilities shall pay an annual flat fee
of $2,500 per year, on or before January 15 of each year, beginning
April 1, 2016, and, thereafter, a security deposit fee guaranteeing
restoration, pavement curbing and/or topsoil as provided hereafter.
[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:
[Amended 2-28-2017 by Ord. No. 2380; 12-27-2018 by Ord. No. 2421; 1-25-2022 by Ord. No. 2502]
(3)
Recovery/winching (in addition to towing, per truck, including driver).
(a)
Light/medium duty (10,001 pounds to 16,000 pounds): $175 per
1/2 hour.
(b)
Heavy duty (16,001 pounds and above): $600 per hour.
(c)
Rotator/crane recovery unit: $1,200 per hour.
(d)
Tractor with Landoll® trailer
or detach trailer: $450 per hour.
(e)
Tractor/transport hauler only: $250 per hour.
(f)
Refrigerated trailer with tractor: $450 per hour.
(g)
Box trailer with tractor: $400 per hour.
(h)
Air-cushion unit: $1,000 per hour.
(i)
Light tower: $250 per hour.
(j)
Pallet jack: $200.
(k)
Rollers: $200.
(l)
Any other specialized equipment: $250 per hour.
(m)
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per
hour, each.
(n)
Forklift: $300 per hour.
(o)
Dump truck/dump trailer with tractor: $350 per hour.
(p)
Roll-off with container: $350 per hour plus disposal.
(q)
Recovery supervisor vehicle: $150 per hour.
(r)
Scene safety equipment, communications, traffic management,
etc.: $250 per hour, each.
(s)
Recovery support vehicle/trailer, additional recovery equipment:
$350 per hour.
(4)
Storage of vehicles per calendar day (inside rates two times outside
rate).
(a)
Cars/light trucks, ten-foot-by-twenty-foot space: $45 per day.
(b)
Trucks (dual wheels)/single axle: $90 per day.
(c)
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit, per day.
(d)
Buses: $150 per day.
(e)
Roll-off: $125 per day, each.
(f)
Cargo/accident debris/load storage/vehicle components: $45 per
space used, per day.
(g)
Rental of any tow-company-supplied trailer post-accident: $500
per day.
(5)
Mileage fees.
(a)
There shall be no mileage fees for medium-duty and heavy-duty
vehicles charged to an owner or driver for any mileage within the
borders of the Borough of Hasbrouck Heights or for any mileage within
the borders of the Borough to the tow operator's facility. Mileage
fees are permitted for light-duty vehicles at the rate of $6 per loaded
mile within the Borough or to the tow operator's facility. Alternate-destination
tows will be negotiated between the towing company and the owner or
driver.
(b)
Fees for towing vehicles into or out of the Borough of Hasbrouck
Heights must be agreed upon by the owner of any such vehicle, in writing,
prior to the vehicle being towed. The owner or operator of a vehicle
shall have the right to select a tower of his or her choice, including
towers with a place of business outside of the Borough, provided that
such disabled vehicle is not then interfering with the vehicular or
pedestrian flow of traffic and that the location of such vehicle does
not present a danger to vehicular or pedestrian traffic.
(6)
Additional services.
(a)
Accident minor cleanup and disposal of debris: $75 per hour
(one-hour minimum), plus absorbent material used.
(b)
Recovery supervisor and/or Level III specialist: $225 per hour.
(c)
Certified towing operator: $125 per hour, per man.
(d)
Manual laborers: $100 per hour, per man.
(e)
Fuel/HazMat spills cleanup and disposal: time and material.
(f)
HazMat and trash recovery: surcharged 10%.
(g)
Subcontractor markup: 10%.
(h)
Administrative charge (only after third visit to vehicle): cars
only, $50.
(i)
Administrative charge (medium/heavy trucks): $200.
(j)
After-hours release: $75.
(k)
Notification documentation fee: $50.
(l)
Tarping/wrapping vehicles: $90 car; $250 truck.
(m)
Go jacks/skates: $40.
(n)
For anything not covered in this rate list, the usual and customary
fee should apply.
(7)
Fee cards. Fee cards conspicuously indicating the maximum rates for
towing and storage of a vehicle within the Borough shall be kept in
the possession of the drivers of all wreckers and presented to the
driver or owner of any vehicle to be towed.
(8)
The owner and/or occupier of any towed vehicle shall be presented
with an itemized bill detailing all of the charges which the tower
has billed on or before payment has been made by such vehicle owner.
Note: After the first hour, all hourly billable rates will be
charged in half-hour increments.
Note: Charges for all trucks/recovery equipment are inclusive
of the operator. You may not separately charge for an operator that
drive/operates the truck/recovery equipment.
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]
[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.
C.
AFFORDABLE HOUSING DEVELOPMENT
COUNCIL ON AFFORDABLE HOUSING or COAH
DEMOLISHED
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
LIVING SPACE
NATURAL DISASTER
Definitions. The following terms, as used in this section, shall
have the following meanings:
[Amended 5-14-2019 by Ord. No. 2440]
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 100% affordable development.
The New Jersey Council on Affordable Housing, established
under the Fair Housing Act.
In the least 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 chapter.
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.
Funds paid by any person for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301
et seq., and regulated by applicable COAH Rules.
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 §§ 1,
5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
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.
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.
A catastrophic event, such as a hurricane, flood, earthquake,
volcanic eruption, landslide, blizzard or other natural phenomena
that causes extensive human casualties or 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.
(5)
In the event of a failure by the Borough of Hasbrouck Heights to
comply with trust fund monitoring and reporting requirements or to
submit accurate monitoring reports; or a failure to comply with the
conditions of the judgment of compliance or a revocation of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Borough of Hasbrouck Heights, or, if not practicable, then
within the County or Housing Region. Any party may bring a motion
before the Superior Court presenting evidence of such condition(s),
and the Court may, after considering the evidence and providing the
municipality a reasonable opportunity to respond and/or remedy the
noncompliant condition(s), and upon a finding of continuing and deliberate
noncompliance, determine to authorize LGS to direct the expenditure
of funds in the Trust Fund. The Court may also impose such other remedies
as may be reasonable and appropriate to the circumstances. All interest
accrued in the housing trust fund shall only be used on eligible affordable
housing activities approved by the Court.
[Added 5-14-2019 by Ord.
No. 2440]
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the housing trust fund may be used
for any activity approved by the Court 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, and/or
any other activity as permitted by the Court and specified in the
approved spending plan.
[Amended 5-14-2019 by Ord. No. 2440]
(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.
The Borough shall provide annual reporting of Affordable Housing
Trust Fund activity to the New Jersey Department of Community Affairs,
or any other entity designated by the State of New Jersey, with a
copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the sources
and amounts of funds collected and the amounts and purposes for which
any funds have been expended.
[Amended 5-14-2019 by Ord. No. 2440]
J.
Ongoing collection of fees.
[Amended 5-14-2019 by Ord. No. 2440]
(1)
The ability for the Borough to impose, collect and expend development
fees shall be permitted through the expiration of the repose period
covered by its judgment of compliance and shall continue thereafter
so long as the the Borough has filed an adopted Housing Element and
Fair Share Plan with the Court or with a designated state administrative
agency, has petitioned for a judgment of compliance from the Court
or for substantive certification or its equivalent from a state administrative
agency authorized to approve and administer municipal affordable housing
compliance and has received approval of its development fee ordinance
from the entity that will be reviewing and approving the Housing Element
and Fair Share Plan.
(2)
If the Borough fails to pursue its authorization to impose and collect
development fees after the expiration of its judgment of compliance,
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 § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
(3)
After the expiration of the judgment of compliance, if the Borough
does not pursue or obtain continued authorization, the Borough shall
not impose a residential development fee on a development that receives
preliminary or final site plan approval, 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.
