[HISTORY: Adopted by the Township Council
of the Township of Bridgewater as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-10-1977 by Ord. No. 77-1]
A.
There is hereby established in the Township of Bridgewater,
in the County of Somerset, a State Uniform Construction Code enforcing
agency to be known as the "Office of the Township of Bridgewater Construction
Code Official," consisting of a Construction Official, Assistant Construction
Official, Building Subcode Official, Assistant Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official, Elevator Subcode Official and such subcode officials
for such additional subcodes as the Commissioner of the Department
of Community Affairs, State of New Jersey, shall hereafter adopt as
part of the State Uniform Construction Code. The Construction Official
shall be the chief administrator of the enforcing agency.
[1]
Editor's Note: This ordinance further provided
that the positions of Assistant Construction Official and Assistant
Building Subcode Official were authorized pursuant to N.J.A.C. 5:23-4.38(b)iv.
[2]
Editor's Note: Section 1A of this ordinance established the
position of Elevator Subcode Official, which shall function in the
Office of Construction Code Official under the supervision and direction
of the Construction Code Official.
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, Chapter 217, as amended in N.J.A.C. 5:23; provided that in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, Chapter 217, and N.J.A.C. 5:23 to hold each such position.
C.
The public shall have the right to do business with
the enforcing agency at one office location except for emergencies
and unforeseen or unavoidable circumstances. Such office shall be
at the Bridgewater Township Municipal Building, 505 Route 202-206
North, Bridgewater, New Jersey.
[Amended 5-15-1995 by Ord. No. 95-14[1]]
A.
The Construction Board of Appeals for Bridgewater
Township is hereby abolished.
B.
Application for appeals from decisions by the enforcing
agency shall be made directly to the Somerset County Construction
Board of Appeals.
[1]
Editor's Note: Section 2 of this ordinance
provided as follows: All references to the address of the Bridgewater
Township Municipal Building are hereby changed to read 700 Garretson
Road, Bridgewater, New Jersey.
[Amended 6-19-1978 by Ord. No. 78-15; 10-16-1978 by Ord. No. 78-26; 12-18-1978 by Ord. No.
78-46; 7-16-1979 by Ord. No. 79-26; 10-20-1980 by Ord. No. 80-36; 11-17-1980 by Ord. No.
80-39; 8-3-1981 by Ord. No. 81-24; 1-3-1983 by Ord. No. 83-2; 8-1-1983 by Ord. No. 83-20; 9-17-1984 by Ord. No. 84-23; 10-16-1989 by Ord. No.
89-24; 11-20-1989 by Ord. No. 89-25; 10-7-2002 by Ord. No. 02-17; 12-18-2006 by Ord. No. 06-48; 12-16-2010 by Ord. No. 10-43; 7-18-2011 by Ord. No.
11-17; 8-20-2012 by Ord. No. 12-19]
A.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (9) hereof and shall be paid before a permit is issued.
(1)
The building subcode fee shall be:
(a)
For combinations of renovations and additions, the sum of the fees
are computed separately.
(b)
For items not specifically addressed in the fee schedule, minimum
permit fee will be $40 for residential permit and $85 for nonresidential.
(c)
The fee for a certificate of occupancy shall be $56 for residential.
The fee for a commercial or industrial certificate of occupancy shall
be $150. The first temporary certificate of occupancy has no charge
if the certificate of occupancy fee was paid at the time of permit
issuance. The second temporary certificate and any subsequent requests
for temporary certificates of occupancy shall have a fee of $30.
(d)
Swimming pools: aboveground greater than 550 square feet is $145;
all others: $75. In-ground greater than 550 square feet, the fee is
$220; all others: $110.
(e)
Seasonal pools, not permanent in nature regulated by UCC (24 inches
or more in depth): the fee is $20.
(f)
A change of contractor submission for residential: no charge; a change
of contractor submission for commercial: $20.
(g)
The new construction and additions fee for Use Groups B, H, I-1,
I-2, I-3, M, E, R-1, R-2, R-3, R-4, and U shall be in the amount of
$0.039 per cubic foot of volume of buildings and structures.
(h)
The fee for Use Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and
S-2 shall be $0.022 per cubic foot of volume.
(i)
The fee for structures on farms, including commercial farm buildings
under N.J.A.C. 5:23-3.2(d), shall be $0.0012 per cubic foot with a
maximum fee for such structures not to exceed $1,145.
(j)
Fees for renovations, alterations and repairs or site construction
associated with preengineered systems of commercial farm buildings,
remanufactured construction and the external utility connection for
premanufactured construction shall be based upon the estimated cost
of work. The fee shall be in the amount of $35 per $1,000. From $50,001
to and including $100,000, the additional fee shall be in the amount
of $26 per $1,000 of estimated cost above $50,000. Above $100,000,
the additional fee shall be in the amount of $22 per $1,000 of estimated
cost above $100,000. For the purpose of determining estimated cost,
the applicant may submit a contractor's bid, architect's
bid or engineer's bid or a recognized estimating firm's
cost data.
(k)
Fees for tents in excess of 900 square feet or more than 30 feet
in any dimension shall be $134.
(l)
For sheds under 200 square feet or less, the fee is $60; over 200
square feet, the fee is $120.
(m)
The fee for roofing or siding work completed on structures of Group
R-3 or R-5 shall be $96.
[Amended 3-6-2017 by Ord.
No. 17-04]
(n)
Fees for retaining walls shall be as follows: for a retaining wall
with a surface area greater than 550 square feet that is associated
with a Class 3 residential structure: $219; for a retaining wall with
a surface area of 550 square feet or less that is associated with
a Class 3 residential structure: $110; for a newly constructed retaining
wall of any size at other than a Class 3 residential structure: the
basis for the fee shall be the cost of construction. This includes
decorative or structural walls in excess of four feet.
(o)
Variation fees shall be $594 for Class 1 structures; $120 for
Class 2 and 3 structures. The fee for resubmission shall be $229 for
Class 1 structures and $65 for Class 2 and 3 structures.
(p)
The fee for a CCO shall be $120.
(q)
The fee for a CCO granted pursuant to a change of use shall
be $120.
(r)
The fee shall be $96 for radon permits.
[Added 3-6-2017 by Ord.
No. 17-04]
(s)
The fee shall be $96 for pool fence permits.
[Added 3-6-2017 by Ord.
No. 17-04]
(2)
The electrical subcode fee shall be:
[Amended 3-6-2017 by Ord.
No. 17-04]
(a)
For the first block consisting of 50 receptacles, fixtures or devices,
the fee shall be $53 for residential properties and $75 for nonresidential
properties; for each additional block consisting of up to 25 receptacles,
fixtures or devices, the fee shall be $9 for residential properties
and $25 for nonresidential properties. For the purposes of computing
this fee, receptacles, fixtures or devices shall include lighting
fixtures, wall switches, convenience receptacles, sensors, dimmers,
alarm devices, smoke and heat detectors, communications outlets, light
standards eight feet or less in height including luminaries, emergency
lights, electric signs, exit lights or similar electric fixtures and
devices rated 20 amperes or less including motors or equipment rated
less than one horsepower or one kilowatt.
(b)
The fee shall be $20 for: i) each motor or electrical device rated
one hp or one kw to 10 hp or 10 kw; ii) each transformer or generator
rated from one kw or one kva to 10 kw or 10 kva; iii) each replacement
of wiring involving one branch circuit or part thereof; iv) each storable
pool or hydro massage bath tub; v) each underwater lighting fixture;
vi) each household electric cooking equipment rated up to 16 kw; vii)
each fire, security or burglar alarm control unit; viii) each receptacle
rated from 30 amperes to 50 amperes; ix) each light standard greater
than eight feet in height including luminaires; and x) each communications
closet.
(c)
The fee shall be $30 for direct replacement of residential heating
or air-conditioning systems as well as nonresidential heating or air-conditioning
systems up to 10 tons. The fee shall be $75 for direct replacement
of nonresidential heating or air conditioning systems over 10 tons.
(d)
The fee shall be $75 for: i) each motor or electrical device rated
from greater than 10 kw or 10 hp to 50 hp or 50 kw; ii) each service
equipment, panelboard, switch board, switch gear, motor control center,
or disconnecting means rated 225 amperes or less; iii) each transformer
or generator rated from greater than 10 kw or 10 kva to 45 kw or 45
kva; iv) each electric sign rated from greater than 20 amperes to
225 amperes including associated disconnecting means; and v) each
utility load management device.
(e)
The fee shall be $140 for: i) each motor or electrical device rated
from greater than 50 hp or 50 kw to 100 hp or 100 kw; ii) each service
equipment, panelboard, switch board, switch gear, motor control center
or disconnecting means rated from greater than 225 amperes to 1,000
amperes; and iii) for each transformer or generator rated from greater
than 45 kw or 45 kva to 112.5 kw or 112.5 kva.
(f)
The fee shall be $667 for: i) each motor or electrical device rated
greater than 100 hp or 100 kw; ii) each service equipment, panelboard,
switch board, switch gear, motor control center or disconnecting means
rated greater than 1,000 amperes; and iii) each transformer or generator
rated greater than 112.5 kw or 112.5 kva.
(g)
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub, or fountain shall be a flat fee of $75 which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles and heaters, etc., excepting panelboards, electric heat pumps, and underwater lighting fixtures. The fee shall be $15 for electric heat pumps. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection A(2)(b) through (f) above. The fee shall be $125 for each permanently installed commercial swimming pool or spa.
(h)
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $34 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(2)(b) and (d) above.
(i)
The fee for annual electrical inspection of commercial swimming
pools, spas, or hot tubs shall be $60 per item.
(j)
The fee charged for installation of solar panels from 1 kw to 50 kw is $67; panels from 50 kw to 100 kw, the fee is $134, panels above 100 kw, the fee is $667. The fee for combiners, combiner panels and metering equipment feeds associated with solar panels shall be in accordance with Subsections A(2)(b), (d), and (e) of § 62-3.
(3)
The plumbing subcode fee shall be:
(a)
Each residential fixture: $20; each nonresidential fixture:
$40; residential minimum plumbing fee: $40; nonresidential minimum
plumbing fee: $85. "Fixtures" include but are not limited to backwater
valves, bathtubs, bidets, clothes washers, dishwashers, drinking fountains,
floor drains, garbage disposers, floor sinks, hose bibs, soda-dispensing
equipment, ice cream or yogurt makers, ice-making equipment, kitchen
sinks, laundry tubs, lavatories, shower stalls, slop sinks, vent stacks,
roof/overflow drains, urinals, utensil washers, vacuum breakers and
water closets and any fixtures and appliances connected to the plumbing
system, except for replacement of residential hot-water heaters which
shall be $25 and for nonresidential water heaters, $85. Whirlpool
tubs shall be $65.
(b)
Nonresidential special fixtures: $85 each. "Special fixtures"
include grease traps, water-cooled air-conditioning units, condensate
pumps, dental chairs and related equipment, eyewashers, fixture or
ejector pumps, water softeners, neutralizing devices, humidifiers,
oil recovery tanks, oil and sand interceptors, sewer ejectors, sump
pumps, removing septic tanks or pits, emergency showers, spas, hot
tubs, tankless heaters, refrigeration units, steam boilers, hot-water
boilers (excluding those for domestic water heating) gas piping, active
solar systems and fuel oil piping.
(c)
Residential special fixtures: $65 each. "Residential special
fixtures" include grease traps, water-cooled air-conditioning units,
condensate pumps, dental chairs and related equipment, eyewashers,
fixture or ejector pumps, water softeners, neutralizing devices, humidifiers,
oil recovery tanks, oil and sand interceptors, sewer ejectors, sump
pumps, removing septic tanks or pits, emergency showers, spas, hot
tubs, tankless heaters, refrigeration units, steam boilers, hot-water
boilers (excluding those for domestic water heating) gas piping, active
solar systems and fuel oil piping.
(d)
Each residential oil or gas appliance, including but not limited
to broilers, clothes dryers, coffee and tea urns, deep fryers, grills,
ovens, radiant heaters, steam tables or kettles, log lighters and/or
fireplaces: each fixture or device, $30.
(e)
Each nonresidential oil or gas appliance, including but not
limited to broilers, clothes dryers, coffee and tea urns, deep fryers,
grills, ovens, radiant heaters, steam tables or kettles, log lighters
and/or fireplaces: each fixture or device, $60.
(f)
Backflow devices:
[1]
Certificate issued only commercial quarterly testable backflow
device shall be $260.
[2]
Permit-required residential backflow devices for heating systems
excluding sprinkler systems shall be $10.
[3]
Permit-required commercial or nonresidential backflow devices:
$85.
[4]
Certificate issued only yearly testable backflow devices shall
be $65.
(h)
Removal of any plumbing fixtures residential or commercial:
$10 per item; capping off of water or sewer lines: residential, $60;
nonresidential or commercial: $100.
(i)
Testing of manholes: $100 per manhole if on private property.
(o)
Gas piping, residential: $10 per outlet. Gas piping, commercial:
$40 per outlet.
(4)
The fee for a demolition or removal permit shall be: $96 for residential
plus the current fees adopted by ordinance for plumbing, electric
and fire; $184 for nonresidential plus the current fees adopted by
ordinance for plumbing, electric and fire.
(5)
The fee for a sign permit shall be:
(a)
For a wall sign, $3 per square foot up to 100 square feet and anything
above 100 square feet is $1.50 per square foot. A freestanding or
pylon sign will be charged $6 for the first 100 square feet and anything
above 100 square feet is $3 per square foot.
(7)
Elevator fees.
[Amended 5-5-2014 by Ord. No. 14-08]
(a)
Elevator fees shall be as follows:
[1]
Initial registration fee for each elevator device in any structure
that is not of Group R-3, R-4, or that is not an exempted structure
of Group R-2, shall be $100. A re-registration fee of $100 shall be
required for each structure containing one or more elevator devices,
upon change of ownership.
[2]
The fees for plan review for elevator devices in structures
of Group R-3, R-4, or R-5 and for elevator devices wholly within dwelling
units in structures in Group R-2 shall be $92 for each device.
[3]
The fees for plan review for elevator devices, in structures
other than R-3, R-4, or R-5 and devices in structures of Group R-2
exempted above, shall be $480 for each device.
[4]
The fee for registration of elevator devices shall be $100 and
a re-registration fee will be due in the event of a change of ownership.
(b)
The fees for witnessing acceptance tests and performing inspections
on new and altered devices shall be as follows.
(c)
Basic fees for elevator devices in structures not of Group R-3, R-4,
or R-5 or in an exempted structure shall be as follows:
(e)
The fee for elevator devices in structures of Group R-3, R-4 or R-5
or otherwise exempt devices in structures in Group R-2 shall be $299.
This fee shall be waived when signed statements and supporting inspection
and an approved qualified agent or agency files acceptance test reports.
(f)
The fee for performing minor inspections shall be $100.
(g)
The fees for required routine and periodic tests for escalators in
structures not of Group R-3, R-4, or R-5 or otherwise exempt in structures
of Group R-2 shall be $211 for six-month routine inspection.
[Amended 8-7-2017 by Ord.
No. 17-18]
(h)
The fee for the one-year periodic inspection and witnessing of tests
of elevator devices, which shall include a six-month routine inspection,
shall be as follows:
(k)
The fee for any reinspection of an elevator device shall be
set at $203 and shall be billed separately from the fees upon the
issuance of a notice of violation necessitating a reinspection.
[Added 8-7-2017 by Ord.
No. 17-18]
(8)
The fire subcode fees shall be:
(a)
Automatic sprinklers:
|
Number of Sprinkler Heads
|
Fee
| |
|---|---|---|
|
1 to 20 heads
|
$120
| |
|
21 to 100
|
$180
| |
|
101 to 200
|
$300
| |
|
201 to 400
|
$780
| |
|
401 to 1,000
|
$1,020
| |
|
Over 1,000
|
$1,440 plus fee for extra heads from above chart. Example: 1,125
heads equals $1,740 [$1,440 (over 1,000 heads) plus $300 (125 heads)
equals $1,740]
|
(b)
Standpipes, risers, FDCs, valves, dry pipe valves, pre-action,
etc.: $240.
(c)
Fire pumps: $300.
(d)
Sprinkler alarms (up to five), backflow preventers, city or
private water supply (pit): $120.
(e)
Private, yard or wall hydrant: $180.
(g)
Supply and/or underground piping: $100, plus $1 per foot over
100 feet (minimum $100).
(j)
Smoke control/evacuation system: $300.
(k)
Generators residential fee is $60 and commercial fee is $150.
(m)
Fire alarm control panel: $120 (includes acceptance test).
(n)
Controlled/delayed access egress door: $120.
(o)
Acceptance test of any other devices: $120 (includes any device
added to an existing F.A. system).
|
(NOTE: devices include any/all fire/smoke alarms, or detectors,
supervisories and/or signal devices (smokes, heats, pulls, flows,
tampers, low/high air, horn/strobes, bells, annunciators, etc.).
|
(p)
Emergency, exit, egress lights: $120 for up to four devices
plus $30 per additional device.
(r)
Appliances, gas, oil, solid fuel: $60.
(s)
Fireplace: $60.
(t)
Chimney liners: $60.
(u)
Temporary trailers: $120.
(v)
Incinerators: $460.
(w)
Crematoriums: $460.
(x)
Kiosks: $75.
(y)
Temporary stores (no other work): $75.
(z)
Demolition fees:
[1]
Residential: $120.
[2]
Commercial: $120 for structure, plus $120 for each of the following
disciplines:
[a]
Sprinkler (per floor or riser)/clean agent/kitchen or any alternative
suppression system.
[b]
Any system not listed.
[c]
Fire alarm system.
[d]
Any storage tanks (combustible/water/hazardous or other).
[e]
For any system removal in a habitable building other than a
residence, the fee shall be $120 per system.
(aa)
Elevator recall, the fee is $120.
(bb)
Variations.
|
Variation Fees
|
Resubmission Fees
| |
|---|---|---|
|
Class 1 structure, $594
|
$229
| |
|
Class 2 structure, $120
|
$65
| |
|
Class 3 structure, $120
|
$65
|
(9)
The fees for lead abatement shall be:
(a)
The current fees as set by the New Jersey Department of Community
Affairs pursuant to N.J.A.C. 5:23-4.20 as adjusted downward to reflect
the current third-party contracts and the fees contained therein posted
in the Township Clerk's office and the Code Enforcement Office,
plus an administrative cost of 46.5% of the current fee set by NJDCA
(not the downward adjusted actual contract fee as set forth in the
third-party contract between the Township and the third-party contracting
entity) as authorized under N.J.A.C. 5:23-4.18(j) which permits "such
amounts as may be sufficient to cover a proportionate share of administrative
costs incurred by the local enforcing agency in connection with inspections
performed by private agencies."
D.
In accordance with N.J.A.C. 5:23-3.4, 5:23-3.11, 5:23-4.5, 5:23-5.2
through 5:23-5.5, 5:23-5.21, 5:23-5.22 and 5:23-5.25, the following
fees shall be charged for replacement or installation of mechanical
equipment, excluding electric, in existing R-3, R-4, and R-5 single-family
dwellings. Mechanical equipment shall include but not be limited to
heating equipment (hydronic or hot air), air conditioning, generators,
and water heaters.
[Added 3-6-2017 by Ord.
No. 17-04]
(1)
Base mechanical equipment fee: $85.
(2)
Additional fees in addition to base fee:
(a)
Water heater: $25.
(b)
Water heater with gas piping: $45.
(c)
Tankless water heater: $85.
(d)
Generator: $145.
(e)
Boiler: $75.
(f)
Boiler with gas piping: $125.
(g)
Hot air furnace: $100.
(h)
Hot air furnace with duct work: $140.
(i)
Air conditioning: $40.
(j)
Air conditioning with duct work: $80.
(k)
Hot air furnace with air conditioning: $140.
(l)
Hot air furnace with air conditioning and ductwork: $180.
[Amended 7-18-2011 by Ord. No. 11-17]
Subject to the approval of the Mayor, the enforcing agency and
the Board of Appeals may adopt rules for their internal regulation,
not inconsistent with any specific provisions of law or regulation.
[Adopted 1-14-1993 by Ord. No. 93-3[1]]
[1]
Editor's Note: The provisions of this ordinance
were originally adopted 4-6-1992 as Ord. No. 92-9, subject to review
by the Council on Affordable Housing (COAH). Upon the completion of
such review, these provisions were readopted as Ord. No. 93-3.
As used in this article, the following words
and terms shall have the meanings indicated, unless the context clearly
indicates otherwise:
Any housing unit with an acquisition price or rent level
not exceeding the maximum resale or rent level for low- and moderate-income
housing as set forth in N.J.A.C. 5:92-12.
The New Jersey Council on Affordable Housing.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in N.J.A.C. 5:92-18.
The value of a property determined by the Township Tax Assessor
through a process designed to ensure that all property in the Township
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Township
Tax Assessor.
A determination by COAH approving the Township's housing
element and fair share plan in accordance with the Fair Housing Act
of 1985, N.J.S.A. 52:27D-301 et seq., and the rules and criteria adopted
by COAH.
The purpose of this article is to establish
a schedule of development fees and a Housing Trust Fund, to provide
for the creation and preservation of affordable housing in the Township
of Bridgewater. The New Jersey Supreme Court, in Holmdel Builders
Association v. Holmdel Township, 121 N.J. 550 (1990), determined that
mandatory development fees are both statutorily and constitutionally
permissible. The Court further anticipated that COAH would promulgate
appropriate development fees rules specifying, among other things,
the standards for these development fees.
Any fees collected prior to December 13, 1990,
shall be retained by the Township pursuant to COAH's rules regarding
the retention of development fees.
A.
Residential development fees shall be a maximum of
1% of the equalized assessed value for residential development, provided
that no increased density is permitted.
[Amended 5-2-2005 by Ord. No. 05-13]
B.
Where there is a zoning change that permits increased
residential development, the Township may impose a development fee
of up to 6% of the equalized assessed value for each additional unit
that may be realized as a result of the rezoning. For example if a
rezoning allows two extra units to be constructed, the fees could
equal 1% of equalized assessed value on the first unit and 6% of equalized
assessed value on the two incremental units.
[Amended 5-2-2005 by Ord. No. 05-13]
C.
The Township may allow developers of sites zoned for
inclusionary development to pay a fee in lieu of building low- and
moderate-income units, provided that COAH determines the Township's
housing element and fair share plan provide a realistic opportunity
for addressing the Township's fair share obligation. The fee may equal
the cost of subsidizing the low- and moderate-income units that are
replaced by the development fee. For example, an inclusionary development
may include a twenty-percent set-aside, no set-aside and a fee that
is the equivalent of a twenty-percent set-aside or a combination of
a fee and set-aside that is the equivalent of a twenty-percent set-aside.
Any such agreement must be reviewed and approved by COAH.
[Amended 12-4-2017 by Ord. No. 17-23]
(1)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(2)
Owner-occupied residential structures demolished and replaced as
a result of a fire, flood, or natural disaster shall be exempt from
paying a development fee.
D.
The Township may collect fees exceeding those permitted
in this section, provided that it enters into agreements with developers
that offer a financial incentive for paying higher fees. The financial
incentive may be in the form of a tax abatement. No agreement may
provide for a voluntary development fee without also providing for
a comparable offsetting incentive. All agreements are subject to COAH
approval.
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.
[Amended 5-2-2005 by Ord. No. 05-13; 12-4-2017 by Ord. No. 17-23]
B.
The Township may collect fees exceeding those permitted
in this section, provided that it enters into agreements with developers
that offer a financial incentive for paying higher fees. Such agreements
may include, but are not limited to, a tax abatement, increased commercial/industrial
square footage, increased commercial/industrial lot coverage and/or
increased commercial/industrial impervious coverage in return for
an increased fee. The fee negotiated must bear a reasonable relationship
to the additional commercial/industrial consideration to be received.
All agreements are subject to COAH approval.
C.
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.
D.
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the development fee of 2.5%, unless
otherwise exempted below.
E.
The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
F.
Exemptions for nonresidential development.
(1)
Nonresidential developments shall be exempt from the payment of non-residential
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 Non-Residential Development Certification/Exemption" form.
Any exemption claimed by a developer shall be substantiated by that
developer.
(2)
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.
(3)
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 Township of Bridgewater as a lien against
the real property of the owner.
A.
Except as provided for in § 62-8 above, inclusionary developments shall be exempt from development fees. All other forms of new construction shall be subject to development fees.
B.
Development fees may be collected when an existing
structure is expanded or undergoes a more intense use. The development
fee that shall be collected shall be calculated on the increase in
the equalized assessed value of the improved structure.
C.
The Township shall not reduce densities from preexisting
levels and then require developers to pay development fees in exchange
for an increased density.
D.
Developments that have received preliminary or final
approval or final approval prior to the imposition of a Township development
fee shall be exempt from development fees unless the developer seeks
a substantial change in the approval.
E.
No public agency, hospital or educational institution
shall be obligated to pay any development fee required herein.
A.
The Township shall collect up to 50% of the fee on
any specific development at the time of issuance of the building permit
for such development. The remaining portion shall be due upon and
as a precondition to issuance of the certificate of occupancy.
B.
Equalized assessed value.
(1)
If the estimated equalized assessed value is less
than the final equalized assessed value, the difference shall be paid
by the developer within 10 business days from receipt of notification
from the Township of such difference. In the event that the developer
fails to make timely payment to the Township of such difference, it
shall become a lien upon the property which the Township may file
without further notice to the developer. The Township shall be entitled
to add to the amount of such deficiency the reasonable costs, including
attorney's fees, of filing and discharging such a lien.
(2)
If the final equalized assessed value exceeds the
estimated equalized assessed value, the Township shall promptly refund
any excess paid to the developer once such determination has been
made.
All development fees, including those previously collected, shall be deposited in a separate interest-bearing Housing Trust Fund. In establishing the Housing Trust Fund, the Township shall provide whatever express written authorization may be required by the bank to permit COAH to direct the disbursement of development fees pursuant to § 62-15 or to N.J.A.C. 5:92-18.18.
A.
The Township may use revenues collected from development fees for
any activity approved by COAH or the Superior Court, Somerset County,
for addressing the Township's fair share. Such activities include,
but are not limited to, rehabilitation, new construction, regional
contribution agreements, purchase of land for low- and moderate-income
housing, improvement of land to be used for low- and moderate-income
housing, extension and/or improvements of roads and infrastructure
to low- and moderate-income housing sites, assistance designed to
render units to be more affordable and administration of the implementation
of the housing element.
[Amended 12-4-2017 by Ord. No. 17-23]
B.
Funds shall not be expended to reimburse the Township
for past housing activities.
C.
At least 30% of the revenues collected from development
fees shall be devoted to render units more affordable. Examples of
such activities include, but are not limited to, down payment assistance,
low-interest loans and rental assistance. This requirement may be
waived in whole or in part when the Township demonstrates the ability
to address the requirement of affordability assistance from another
source.
D.
The Township may contract with a private or public
entity to administer the implementation of any part of its housing
element, including the requirement for affordability assistance.
E.
No more than 20% of the revenues collected from development
fees shall be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a rehabilitation program, a new
construction program, a regional contribution agreement, a housing
element and an affirmative marketing program. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units and compliance with Council monitoring
requirements. Development fees shall not be used to defray the costs
of existing staff.
The Township shall complete and return all monitoring
forms related to the collection of fees, expenditure of revenues and
implementation of the plan certified by COAH or approved by the Court.
Quarterly financial reports, and annual program implementation and
auditing reports, shall be completed on forms designed by COAH.
[Amended 12-4-2017 by Ord. No. 17-23]
The Township shall submit to the Superior Court, Somerset County
a spending plan for the development fees collected by it, which plan
shall include the following information:
A.
A projection of revenues anticipated from imposing
fees on development, based on historic development activity.
B.
A description of the administrative mechanism that
the Township will use to collect and distribute revenues.
C.
A description of the anticipated use of all development
fees.
D.
A schedule for the creation of rehabilitation of housing
units.
E.
If the Township envisions being responsible for public
sector or nonprofit construction of housing, a pro forma statement
of the anticipated costs and revenues associated with the development.
F.
The manner through which the Township will address
any expected or unexpected shortfall if the anticipated revenues from
development fees are not sufficient to implement the plan.
A.
Occurrence of any of the following may result in the Court taking an action pursuant to Subsection B below:
[Amended 12-4-2017 by Ord. No. 17-23]
(2)
Failure to meet deadlines for information required by the Court in
its review of a housing element, this Development Fee Article or plan
for spending fees.
(3)
Failure to obtain substantive certification in a timely manner.
(4)
Failure to address the Court's conditions for approval of a
plan to spend development fees within the deadlines imposed by the
Court.
(5)
Failure to address the Court's conditions for substantive certification
within deadlines imposed by the Court.
(6)
Failure to submit accurate monitoring reports within the time limits
imposed by COAH.
(7)
Failure to implement the plan to spend development fees within the
time limits imposed by the Court, or within reasonable extensions
granted by the Court.
(8)
Expenditure of development fees on activities not permitted by the
Court.
(9)
Revocation of certification.
(10)
Other good cause demonstrating that the revenues are
not being used for the intended purpose.
B.
In the event that any of the conditions described in Subsection A occur, COAH shall be authorized, on behalf of the Township, to direct the manner in which all development fees collected pursuant to this article shall be expended. Should any such condition occur, such revenues shall immediately become available for expenditure at the direction of COAH upon the Township Clerk's receipt of written notification from COAH that such a condition has occurred. In furtherance of the foregoing, the Township shall, in establishing a bank account pursuant to this article, ensure that the Township has provided whatever express written authorization may be required by the bank to permit COAH to direct the disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by COAH to the Township Clerk.
The ability of the Township to collect development
fees shall expire with their substantive certification unless the
Township has filed an adopted housing element with the Council, petitioned
for substantive certification and received COAH's approval of its
Development Fee Article.
