Township of Allamuchy, NJ Administrative Penalties, Fees and Charges

Fees and deposits to accompany applications and permits. For standard application fees, see current Standard Application Fees and Charges in Appendix B.

Water service charges. All owners of property connected to the water system of the Township of Allamuchy shall pay to the Township a water service charge in accordance with the current Water Service Charges Schedule.

Charges to connect to water system. The following fees shall be imposed for each direct or indirect connection to the Township water system.

(1)

Connection fee. For the right to connect directly or indirectly to the Township's water system, an applicant shall be charged a connection fee for each service unit as specified in the current Fees and Charges Rate Schedule. Such connection fees, which are charged for an initial connection (or reconnection after termination of service) to the water system, are an integral part of the Township's rate schedule and are a distinct and separate charge from all other rates and water charges and payment for one shall not constitute payment of the other. The connection fee shall be calculated and updated pursuant to "Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-21".

(2)

Inspection fees. An applicant for water service may also be charged for inspection work to ensure compliance of water connections with the Township's Rules and Regulations as the same are promulgated, amended, modified and supplemented from time to time.

(3)

Service connection installation fees. An applicant will be charged for the installation of a service connection whenever a physical connection is required to be made by the Township or their designated contractor. The charge for installation of service connection(s) shall be the actual cost incurred by the Township.

(4)

Upon an addition, alteration or change in use of any building already connected to the Township system, an additional connection fee may be charged based upon the water connection designations.

Payments of connection fee.

(1)

Connection fee payments for single-family homes, existing prior to the installation of water lines by the Township, and applying and connecting within 30 days after notification of availability of service by the Township, must be:

(a)

Payment in lump sum prior to connection.

(2)

Connection fee payments for single-family homes built after water mains were installed, payment must be:

(a)

Payment in lump sum prior to connection.

(3)

Property owners who fail to make application and connection within the required time limits, and do not have written certification from the Township of Allamuchy indicating valid reasons for not connecting must pay as follows:

(a)

Payments due in full on date service becomes available. Service is considered available upon notification by the Township, which is not necessarily the time of connection.

(4)

For developments comprising two or more homes, payment must be made:

(a)

Within six months of approval of the application for water service by the Township, or upon issuance of a building permit, whichever occurs first; or

(b)

Phased in accordance with construction phases if so approved by the Township.

(5)

Where multifamily or nonresidential structures exist prior to the installation of the water mains, payment must be made:

(a)

In full within 30 days after the notification that service is available.

(b)

Prior to the connection if the connection is made within the thirty-day limit.

(6)

When multifamily or nonresidential structures are built after the water main is available for service, payment must be made:

(a)

Within six months of the approval of the application for water service by the Township, or upon issuance of a building permit, whichever occurs first.

(7)

A change in use shall require the submission of Form D-4, Change in Use, and shall require the payment of an additional connection fee, when the connection fee for the resulting use is higher than the connection fee for the prior use at the time of change in use. The amount of the connection fee will be the connection fee for the resulting use, less the connection fee paid or chargeable for the prior use of the property.

Liens: rights and remedies: enforcement.

(1)

In the event that charges to connect to the water system or annual service charge with regard to any parcel of real property owned by any person, corporation, or other entity other than the state or any agency or subdivision thereof shall not be paid as and when due as hereinabove stated, the unpaid balance thereof and all interest accruing thereon, shall be a lien on such parcel, and all such liens shall become enforceable with and as any other municipal lien on real property in the municipality in addition to the other remedies of civil suit or foreclosure or any other remedies which may be available and provided by and under the laws and statutes of the State of New Jersey in such case made and provided.

(2)

Pursuant to N.J.S.A. 40:14B-42, such lien shall be superior and paramount to the interest in such parcel of any owner, lessee, tenant, mortgagee or other person except the lien of municipal taxes and shall be on parity with and deemed equal to the lien on such parcel of the municipality where such parcel is situate for taxes thereon due in the same year and not paid when due.

(3)

In the event that charges to connect to the water system or any service charge of the Township with regard to any parcel of real property shall not be paid as and when due, the Township may enter upon such parcel and cause the connections thereof to be cut and shut-off until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon, together with reconnection fee shall be fully paid to the Township, and/or may avail itself of any and all other remedies which may be available and provided by and under the laws and statutes of the State of New Jersey in such case made and provided. The reconnection fee shall be in the amount of all labor, materials and administrative costs incurred by the Township. The minimum reconnection fee shall be in accordance with the current fee schedule.

(4)

All rights and remedies provided in these Rules and Regulations and in any amendments or modifications hereof and supplements hereto for the collection and enforcement of rates and service charges, initial service charges, connection fees or tapping fees, rents, and rates, and all other fees and charges shall be cumulative and concurrent with and in addition to those provided and authorized in and by the laws and statutes of the State of New Jersey in each such case and provided.

Miscellaneous charges.

(1)

Hydrant fees. For any fire hydrant located on private property maintained as part of the Municipal Water System consistent with N.J.S.A. 58-31 et seq., the owner shall be billed at a rate of $120 per hydrant per quarter.

[Added 6-27-2018 by Ord. No. 2018-14]

(2)

Service fee for returned checks. If a check or other written instrument used for payment on an account is returned for insufficient funds, an additional service fee shall be imposed in the amount of $20 and added to the account.

Other rates and deposits for escrow.

(1)

When any application shall be made to the Township of Allamuchy other than those applications specifically provided for herein, there shall be deposited with the Township an escrow fund which shall be utilized for purposes of reimbursing the Township for all expenses of professional personnel incurred and paid by the Township for the review process of an application for development before the Township, such as, but not limited to:

(a)

Charges for reviews by professional personnel of applications, plans and accompanying documents;

(b)

Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant;

(c)

Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts or representatives;

(d)

Review of additional documents submitted by the applicant and issuance of reports relating thereto;

(e)

Review or preparation of easements, developer's agreements, deeds, approval resolutions, or the like;

(f)

Preparation for and attendance at all meetings by professionals serving the Township, such as the Attorney, Engineer and Planner, or other experts as required;

(g)

The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; and

(h)

All costs associated with a court reporter, if desired by the applicant, including but not limited to, transcribing and furnishing a transcript.

(2)

The escrow account deposits shall be placed in a separate account by the Township Treasurer/Chief Financial Officer at the direction of the Administrative Officer and an accounting shall be kept of each applicant's deposit.

(a)

All professional charges shall be paid from the account and charged to the applicant;

(b)

Any monies not expended for professional services will be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Township Council.

(c)

If, at any time during the review procedure, 50% of the monies posted shall have been expended, the applicant shall be required to post such additional sum as may be required by the Administrative Officer to cover professional costs;

(d)

The applicant shall not be entitled to proceed with the application or any development until such time as the necessary monies have been posted to guarantee payment of professional service fees;

(e)

All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred;

(f)

Upon written request by the applicant at any time, the Administrative Officer shall forward to the applicant immediately upon receipt a copy of the voucher for professional charges against the applicant's escrow account deposit. The applicant may request through the Administrative Officer a written accounting of the charges in the voucher from the professional where such charges are high or the scope of work performed is not clearly defined. The applicant shall thereafter have the opportunity to appear before the Township to state his objections or questions relative to the charges during the public portion of any regularly scheduled Township Council meeting;

(g)

No professional submitting charges to the Township for any review of an application for development shall charge for such services at any higher rate or in any different manner than would normally be charged to the Township for similar work; and

(h)

The Township shall render a written final accounting to the developer on the uses to which the deposit was put and, thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer.

(3)

Each applicant shall agree to pay all reasonable costs for professional review of the application. All such costs for review must be paid before any approved plat, plan or deed is signed and before any construction permit, and/or other permit is issued.

(4)

The applicant is also responsible for depositing monies into escrow in accordance with the schedules to reimburse the Township for all expenses of professional personnel incurred to inspect the installation of improvements to ensure satisfactory completion. The developer shall deposit with the Township Treasurer/Chief Financial Officer inspection fees in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements as determined by the Township Engineer in accordance with the Rules and Regulations, provided that:

(a)

For those developments for which the reasonable anticipated inspection fees are less than $10,000, the fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer and/or other professionals for the inspection(s), the developer shall deposit the remaining 50% of the anticipated inspection fees.

(b)

For those developments for which the reasonable anticipated inspection fees are $10,000 or greater, the fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer and/or other professionals for the inspection(s), the developer shall make additional deposits of 25% of the anticipated inspection fees.

(c)

The inspection escrow shall be deposited by the Township Treasurer/Chief Financial Officer or his/her designee, in an account for such purposes under the sole control of the Township. Said inspection escrows may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept so as to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer, or such other officials as designated by the Township, including but not limited to the Township Planner or the Township Attorney.

(d)

The Township Engineer shall not perform any inspection if insufficient funds to pay for their inspections are not on deposit. Upon certification by the Township Engineer or his designee that the inspection escrow account funds have been expended and that reasonable inspection costs and expenses remain, the developer shall be required to deposit such additional inspection fees in the inspection escrow account as may be reasonably required to complete the balance of the inspection during the course of construction. Failure to post and maintain the current balances of the inspection escrow pursuant hereto will subject the developer to a "stop-work" order and/or suspension of construction permits.

Minimum annual charges and initial connection charges.

(1)

The calculation of minimum service units for each connected property shall be based on the following schedule (see current "Water Service Charges Schedule" and "Connection Charge Schedule" for full charges):

			Minimum Service Units for Annual Charge Purposes	Minimum Service Units for Initial Connection Charge Purposes
A.	Single-family home		1.00	1.00
B.	Multiunit housing (including apartment, hotel/motels, townhouses, trailer stalls, dormitories, condominiums, etc.)
	a)	For each apartment in a multifamily dwelling	1.00	1.00
	b)	For each house trailer	1.00	1.00
	c)	For each separate hotel/motel type room, without kitchen	0.50	0.50
	d)	For each efficiency hotel/motel or rooming house unit	1.00	1.00
C.	Schools
	a)	For each classroom	1.00	1.00
D.	Commercial		*	**

NOTES:
*	Minimum one unit, plus total actual annual metered water usage greater than 100,000 gallons divided by 100,000 gallons.
**	Minimum one unit, plus total estimated annual water usage greater than 100,000 gallons divided by 100,000 gallons.

General Notes Regarding Water Service Charge
1.	Interest will be charged on delinquent accounts at the maximum rate permitted by statute.
2.	Charges for new installations, connections, repairs, inspections, etc., will be made on the basis of actual cost to the Township.
3.	Charges are levied in advance of service.
4.	Mixed use and multioccupant properties shall be charged service charges and connection charges per unit based on each separate use.