[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of West Windsor 12-27-1979 by Ord. No.
79-39 as Chapter XX of the Revised General Ordinances;
amended in its entirety 4-19-1999 by Ord. No. 99-07. Subsequent amendments
noted where applicable.]
The Township Clerk or such other officer as
may be designated by ordinance is authorized to collect and receive
the following fees and to issue such permits or licenses as may be
required by ordinance.
[Amended 3-22-2004 by Ord. No. 2004-08]
Fees for alcoholic beverage licenses shall be
as follows:
A.
Obligation to pay application fees and professional
fees incurred during the course of review. Applicants submitting the
applications set forth herein shall pay such application fees as are
due and all reasonable costs for professional services, including
engineering, legal, planning, landscape architecture, traffic engineering,
including review of traffic reduction plans, and other costs incurred
by the Township in connection with the review and approval by the
Planning Board or Zoning Board of Adjustment of the applications set
forth herein, including costs incurred during any informal review
of a concept plan by such Board and review to assure that the conditions
of approval have been satisfied. Such professional services may be
by Township staff or by consultants retained by the Township on a
general basis or retained specifically for an application by the board
of jurisdiction or the Township. In conjunction with payment of such
professional fees, the applicant shall make an escrow deposit in the
amount and manner set forth herein, shall execute an agreement in
a form provided by the Township obligating itself to pay such fees
and shall furnish a fee bond or other performance guaranty in favor
of the Township guaranteeing the payment thereof. The application
fee is a flat fee to cover direct administrative expenses and is nonrefundable.
[Amended 12-19-2005 by Ord. No. 2005-16]
B.
Amount of fees and escrow deposits due. Each applicant
shall, prior to his or her application being deemed complete, submit
to the Township Treasurer in cash or by certified check or money order
the following sums as application fees and escrow deposits. Where
one application for development includes more than one approval request,
the sum of the individual required fees shall be paid.
(1)
Subdivision fees.[1]
[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]
|
Type of Plat
|
Application
Fee
|
Escrow to be Deposited
| ||
|---|---|---|---|---|
|
Sketch plat
|
$500
|
$750 per lot for the first 5 lots and $300 per
lot for the remaining lots
| ||
|
Minor subdivision
|
$500
|
$2,500 per lot
| ||
|
Major subdivision plat
| ||||
|
Preliminary plat
|
$750
|
$1,200 per lot for the first 10 lots, $800 per
lot for the next 10 lots and $600 per lot for the remaining lots
| ||
|
Final plat
|
$500
|
$1,000 per lot for the first 10 lots and $600
per lot for the remaining lots
| ||
|
Combined preliminary plat and final plat
|
$1,000
|
$2,500 per lot for the first 10 lots and $1,000
per lot for the remaining lots
| ||
|
Subdivision certificate of approval
|
$125
|
None required
| ||
(2)
Site plan fees.
[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]
|
Type of Plan
|
Application
Fee
|
Escrow to be Deposited
| ||
|---|---|---|---|---|
|
Site plan not involving any building area
|
$500
|
$25 per square foot of site area being disturbed
| ||
|
Residential concept plan
|
$750
|
$750 per unit for the first 200 units and $225
per unit for the remaining units
| ||
|
Nonresidential concept plan
|
$750
|
$0.10 per square foot for the first 200,000
square feet and $0.05 for the remaining square feet
| ||
|
Residential major site plan
| ||||
|
Preliminary approval
|
$750
|
$250 per unit for the first 200 units and $100
per unit for the remaining units
| ||
|
Final approval
|
$500
|
$125 per unit for the first 200 units and $50
per unit for the remaining units
| ||
|
If combined preliminary and final approval sought
|
$1,000
|
$400 per unit for the first 200 units and $200
per unit for the remaining units
| ||
|
Nonresidential minor site plan
|
$750
|
$35 per square foot of floor area
| ||
|
Nonresidential major site plans
| ||||
|
Preliminary approval
|
$750
|
$0.35 per square foot of floor area for the
first 200,000 square feet and $0.15 per square foot for the remaining
square feet
| ||
|
Final approval
|
$500
|
$0.10 per square foot of floor area for the
first 200,000 square feet and $0.05 per square foot for the remaining
square feet
| ||
|
If combined preliminary and final approval
|
$1,000
|
$0.40 per square foot of floor area for the
first 200,000 square feet and $0.25 per square foot for the remaining
square feet
| ||
(3)
Other submissions.
[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]
|
Type of Plan
|
Application
Fee
|
Escrow to be Deposited
| |
|---|---|---|---|
|
General development plans
|
$2,000
|
$25,000
| |
|
Conditional use approval with drive-through
facilities
|
$750
|
$7,500
| |
|
Conditional use approvals
|
$500
|
$3,000
| |
|
Appeals under N.J.S.A. 40:55D-70a
|
$150
|
$750
| |
|
Interpretation or special questions under N.J.S.A.
40:55D-70b
|
$200
|
$200
| |
|
Hardship variances under N.J.S.A. 40:55D-70c
|
$100
|
$250 for each variance
| |
|
Use variances
|
$1,000
|
$3,500 for each variance
| |
|
Waivers from sign requirements
|
$300 for all waivers
|
$1,500 per waiver
| |
|
Permits under N.J.S.A. 40:55D-34 and 40:55D-36
|
$150
|
$500
| |
|
Modifications of previously approved plans without
changes to MIC or FAR
|
$1,000
|
$1,500
| |
|
All other modifications of previously approved
plans
|
$100
|
Same as if the application were an original
application
| |
|
List of persons within 200 feet
|
$10 or $0.25 per name, whichever is greater
|
None required
| |
|
Request for zoning text/map amendments
|
$2,500
|
$10,000
| |
|
Maintenance guaranty application
|
10% of the maintenance guaranty or $500, whichever
is greater
|
None required
|
(5)
Development review fees for either subdivision or
site plan applications may be proportioned to stages of submittals
as approved by the Planning Board.
(6)
Unexpended escrow deposits for sketch plats and concept
plans shall be credited against escrow deposits due upon filing of
an application for development.
C.
Determination of insufficient escrow deposit during
completeness review.
(1)
Within 45 days after the filing of an application
for development and before a determination of completeness is made,
the Township shall determine whether the escrow amounts set forth
above are sufficient for the Township to perform required application
reviews, including review and preparation of documents and review
to assure that the conditions of approval have been satisfied. In
conducting such review, the following criteria shall be considered:
(a)
The presence or absence of public water or sewer servicing
the site.
(b)
Environmental considerations, including but not limited
to geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on the existing
aquifer or water quality.
(e)
Impact on improvements which might require off-tract
or off-site contributions agreements.
(2)
If additional sums are deemed necessary, the Treasurer shall notify the applicant of the required additional amount the Township has determined to be necessary. Each applicant shall, prior to the application being deemed complete, submit to the Township Treasurer in cash or by certified check or money order the amount of escrow deposit due pursuant to Subsection B and the amount of additional escrow deposit agreed by the applicant and the Township to be due in accordance with this subsection and shall complete all forms as required by the Director of Community Development. The application shall be deemed incomplete if the applicant and Township do not agree on the additional escrow amount due pursuant to this subsection.
D.
Determination of insufficient escrow deposit after
the application has been deemed complete.
(1)
If an escrow account contains insufficient funds to
enable the Township or board of jurisdiction to complete required
application reviews, including follow-up as to documents and conditions,
the Township Treasurer shall provide the applicant with a notice of
insufficient escrow balance. In order for work to continue on the
development or the application, the applicant shall within a reasonable
time period post a deposit to the account in an amount to be agreed
upon by the Township or board of jurisdiction and the applicant. Such
amount shall be sufficient to pay all unpaid bills, as well as an
amount sufficient to complete all applicant reviews, including follow-
up as to documents and conditions.
(2)
In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
Other than these inspections, no further work shall be done on the
application or development. In addition, no hearing before any Township
board or committee may be convened and no construction permit or certificate
of occupancy may be issued if such amounts are due and payable. The
time to act under the Municipal Land Use Law[2] shall be tolled during the time when there has been no
municipal action on the application because the applicant has not
posted the additional escrow deposit provided for in this subsection.
In addition, all escrow charges which are due and owing shall become
a lien on the premises with respect to which said charges are required
and shall remain so until paid. Said overdue charges shall accrue
the same interest from time to time as taxes upon real estate in the
Township. The Township shall have the same remedies for the collection
thereof with interest, costs and penalties as it has by law for the
collection of taxes upon real estate and may collect reasonable attorney's
fees incurred in collecting such unpaid fees.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
The board of jurisdiction may deny the application if the applicant has failed to pay any amounts due under Subsections B through D hereof. Whether or not specifically stated in the resolution of memorialization, payment in a timely manner of all escrow fees which become due shall be a condition of the approval of any application.
E.
Periodic accounting of escrow funds and expenditures.
The Township Treasurer shall prepare and send to the applicant a statement
which shall include an accounting of funds listing all deposits, interest
earnings, if applicable, disbursements and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less, or on a monthly basis,
if monthly charges exceed $1,000.
F.
Close-out procedures. The applicant shall send written
notice by certified mail to the Township Treasurer, to the board of
jurisdiction and to municipal professionals who worked on the application
review that the board of jurisdiction has granted final approval;
that, in the case of subdivisions or site plans, the subdivision or
site plan has been signed by the board of jurisdiction and the approval
has otherwise been perfected; and that, in the case of all other applications
for which escrow deposits are necessary, the approval has been perfected
and no further work by municipal professionals is necessary. After
receipt of said notice, each professional shall render a final bill
to the Treasurer within 30 days. The Treasurer shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill from the professionals.
Any balances remaining in the escrow account, including interest,
if applicable, shall be refunded to the applicant along with the final
accounting. The refunding process shall be in accordance with the
guidelines and procedures established by the division of local government
services in effect at that time.
G.
Fee
for inspection of constructed improvements.
[Amended 10-29-2018 by Ord. No. 2018-26]
(1)
Each developer shall reimburse the Township for all reasonable costs
for the municipal inspection of the construction site and off-site
improvements and shall execute an agreement in a form provided by
the Township obligating itself to do so. An escrow fund will be established
with the Township before construction begins, and such funds shall
be used to pay the fee and costs of professional services employed
by the Township to inspect the construction.
(2)
An initial fee, except for extraordinary circumstances, of the greater
of $500 or 5% of the cost of improvements, both public and private,
shall be deposited prior to the issuance of any construction permit.
The estimated cost of improvements shall be determined by the Township
Engineer pursuant to N.J.S.A. 40:55D-53.4 based on a preliminary itemized
cost estimate prepared by the developer.
(a)
For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on 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 for inspections, the developer shall
deposit the remaining 50% of the anticipated inspection fees.
(b)
For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on 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 for inspections, the Township Treasurer
shall provide the developer with a notice of insufficient deposit
balance and the developer shall make additional deposits of 25% of
the reasonably anticipated inspection fees.
(3)
The Township Engineer shall not perform any inspection if sufficient
funds are not on deposit, except that any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
(4)
If an inspection deposit contains insufficient funds to enable the
Township to perform required improvement inspections, the Township
shall require the developer to deposit additional funds in escrow,
provided that the Township delivers to the developer a written inspection
escrow deposit request, signed by the Township Engineer, which: informs
the developer of the need for additional inspections, details the
items or undertakings that require inspection, estimates the time
required for those inspections, and estimates the cost of performing
those inspections.
(5)
The Township Treasurer shall provide the developer with an accounting of the deposit setting forth the information and in the intervals set forth in Subsection E. Upon the improvements being approved and all guarantees required under Chapter 200, Land Use, Article XVII, Improvement Guaranties, having been released, the deposit shall be closed out in the same manner as is set forth for escrow accounts in Subsection F.
H.
Deposit of escrow funds. The Township Treasurer shall
deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1.
I.
Exemptions.
[Added 10-9-2001 by Ord. No. 2001-19]
(1)
The following organizations or individuals may, to the extent specified herein, be exempt from the payment of subdivision fees assessed pursuant to § 82-3B(1) and site plan fees assessed pursuant to § 82-3B(2):
(a)
Any non-profit recreational association holding a
tax-exempt status under the Federal Internal Revenue Code of 1954
[26 U.S.C. § 501(c) or (d)], when the property that is subject
of the subdivision or site plan application is intended to serve the
needs of all West Windsor citizens and the services provided by the
organization would otherwise involve the expenditure of taxpayer funds.
(b)
Any landowner who seeks a subdivision for the purpose
of donating a subdivided parcel of land to West Windsor Township,
to another governmental entity or to a non-profit land-preservation
organization, when the donated land will be deed restricted to prevent
development and when neither additional residential nor commercial
development will be built on any resultant parcel or enabled in any
way by the subdivision.
(c)
A disabled person, or a parent, child or sibling of a disabled person, in connection with any application for development which promotes accessibility to his or her own existing living unit. For the purposes of this subsection, the term "disabled person" shall have the same meaning as provided in § 82-4V(3).
(2)
Any of the qualifying organizations or individuals may be exempt from paying the application fee and the escrow deposit set forth in § 82-3B(1) and (2). These organizations shall be required to pay any professional fee or other cost for application review incurred by the Township which exceeds the application fee and escrow deposit set forth in the chapter.
[Amended 4-19-1999 by Ord. No. 99-07; 7-26-1999 by Ord. No.
99-15; 3-22-2004 by Ord. No. 2004-08; 12-8-2008 by Ord. No.
2008-48; 4-20-2009 by Ord. No. 2009-09; 3-27-2017 by Ord. No. 2017-09; 6-24-2019 by Ord. No. 2019-19; 5-11-2020 by Ord. No. 2020-11; 8-14-2023 by Ord. No. 2023-06]
A.
Construction fees shall be as follows:
|
Use Group
|
Fee
|
|---|---|
|
E
|
Volume x 0.055
|
|
A-1
|
Volume x 0.055
|
|
A-2
|
Volume x 0.055
|
|
A-3
|
Volume x 0.055
|
|
A-4
|
Volume x 0.055
|
|
A-5
|
Volume x 0.055
|
|
I-1
|
Volume x 0.055
|
|
I-2
|
Volume x 0.055
|
|
I-3
|
Volume x 0.055
|
|
I-4
|
Volume x 0.055
|
|
R-1
|
Volume x 0.055
|
|
R-2
|
Volume x 0.055
|
|
R-3
|
Volume x 0.055
|
|
R-4
|
Volume x 0.055
|
|
R-5
|
Volume x 0.055
|
|
H
|
Volume x 0.055
|
|
F-1
|
Volume x 0.055
|
|
F-2
|
Volume x 0.055
|
|
B
|
Volume x 0.055
|
|
M
|
Volume x 0.055
|
|
S-1
|
Volume x 0.045; Large open volume buildings, see Subsection D
|
|
S-1 Commercial Farm Buildings
|
Volume x 0.01 — Not to exceed $1,800; see Subsection D
|
|
S-2
|
Volume x 0.045; Large open volume buildings, see Subsection D
|
|
S-2 Commercial Farm Buildings
|
Volume x 0.01 — Not to exceed $1,800; see Subsection D
|
|
U
|
Volume x 0.055
|
B.
Building addition: Addition computed per cubic volume. Rehabilitation work in conjunction with the addition shall be computed in accordance with Subsection C below.
C.
Alterations, renovations, repairs and minor work: estimated cost
per thousand times $38. The Division of Code Enforcement may require
submission of cost data by a licensed architect or engineer, qualified
estimating firm or by contractor bid. The Division of Code Enforcement
shall review the estimated construction cost for acceptance.
D.
For purposes of calculating the volume to determine the fee for large,
open-volume, single-story spaces in buildings, such as barns, silos,
greenhouses, warehouse, distribution centers, and other agricultural
and storage-use occupancies, the height shall be limited to 20 feet,
notwithstanding the fact that the actual height of the space may be
greater than 20 feet.
G.
Tents. The fee for tents in excess of 16,800 square feet or more
than 140 feet in any direction shall be $375.
I.
Limited certificates of approval.
(1)
Limitations.
(a)
Equipment herein below listed shall be granted a certificate
of approval by the appropriate subcode official or other approved
agency for the duration specified herein:
[1]
Cross-connections/backflow preventers, 12 months: $65.
(b)
Such equipment shall be periodically reinspected or tested in
accordance with the provisions of the regulations prior to expiration
of such certificate of approval and any violations corrected before
a new certificate may be issued.
(c)
No such system or assembly shall continue in operation unless
a valid certificate of approval has been reissued. It shall be a violation
of the regulations for an owner to fail to provide for such periodic
inspection and testing.
(2)
Revocation. The enforcing agency may revoke a certificate of approval
whenever a condition of a certificate has been violated.
(3)
Time limit. The provisions of the regulations do not preclude periodic
certification pursuant to other applicable laws and ordinances.
J.
Certificate of occupancy.
(1)
The fee shall be in the amount of 10% of the new construction permit
fee. The minimum fee shall be $165.
(2)
For one- and two-family dwellings, the minimum fee shall be $100.
(3)
The fee for a certificate of continued occupancy shall be $550.
(4)
The fee for a certificate of occupancy granted to a change of use
group shall be $550.
(5)
The fee for the first issuance and renewal of a temporary certificate
of occupancy shall be $30.
K.
Fire protection and hazardous equipment.
(1)
Said fees shall be based upon the number of heads or detectors being
installed.
|
Number of Heads, Detectors or Other Initiating Devices
|
Fee
|
|---|---|
|
1 to 20
|
—
|
|
Residential
|
$125
|
|
Commercial
|
$195
|
|
21 to 100
|
$265
|
|
101 to 200
|
$490
|
|
201 to 400
|
$1,225
|
|
401 to 1,000
|
$1,745
|
|
Over 1,000
|
$2,175
|
(2)
Independent pre-engineered systems (per system): $245.
(4)
Smoke control systems, flammable combustible liquid tank or fire
alarm control panel replacement (per system): $245.
(6)
Supervisory devices: $125.
(7)
Signaling devices: $195.
(8)
Engineered suppression pre-action systems, or dry pipe/alarm valves:
$195.
(11)
Wood, coal, or solid-fuel-burning appliances: $125.
(12)
Spray booths, spaces or rooms, flat fee per room, space or booth:
$385.
(13)
Fireplace venting/metal chimney (each): $95.
(14)
Exit signs (each): $45.
L.
Standpipe, hydrant or fire pump (each): $385.
O.
Administrative fees for asbestos hazard abatement.
Q.
Plan review revisions: The fee of $75 per hour or part thereof shall
be charged for all plan review revisions. Said fee shall be remitted
to the Township of West Windsor at the time of revision. No revision
shall be released until payment is received by the Township.
T.
Plumbing.
(1)
Fees shall be $40 for each fixture, appliance, appurtenance, vent
or stack, but may not be all-inclusive: water closets, urinals, bidets,
lavatories, sinks, garbage disposals, bathtubs, showers, floor drains,
washing machines, dishwashers, hose bibs, drinking fountains, roof
drains, leaders, nontestable backflow preventers, air admittance valves,
vents, stacks, water hammer arrestors, water filters, indirect connections,
expansion tanks, trap primers, mixing valves for lavatories, swimming
pool piping, gas pipe connections, oil pipe connections, fuel oil
connections, air-conditioning units, condensate pumps and line sets,
first-time install of sump pump, geothermal wells, condensate drains.
(2)
Fees shall be $65 for each of the following items, but may not be
all-inclusive: water heater, water softener, swimming pool heaters,
chimney liners, air distribution systems, solar systems.
(3)
Fees shall be $90 for each of the following items, but may not be
all-inclusive: hot air furnaces, hot water boiler, fuel oil equipment,
hydronic systems, solar heating systems, split systems, generator,
heat pump, air handler.
(4)
Fees shall be $105 for each of the following items, but may not be
all-inclusive: water service connections, sewer connections, generators,
permanent LPG tanks.
(5)
Fees shall be $140 for each of the following items, but may not be
all-inclusive: sewer ejectors, grease interceptors, oil interceptors,
testable backflow device, pumps, commercial-industrial water heaters,
commercial rooftop air-conditioning units, commercial refrigeration
piping/systems, commercial solar system, dental office piping, solar
systems.
(6)
Yearly backflow testing fee shall be $65.
(7)
Notwithstanding the individual fee set forth above, the total plumbing
subcode fee for single-family residences shall be $125, and the minimum
total fee for all other structures shall be $195.
U.
Mechanical fees. Fees shall be as follows for existing Use Groups
R3 and R5 under the responsibility of the Plumbing Subcode Official:
(1)
The fee shall be $90 for each of the following items, but may not
be all-inclusive: hot air furnace, hot water boiler, fuel oil equipment,
steam boiler, oil tank, solar heating systems, hydronic systems and
split systems, generator, heat pump, pool heater, air handler, residential
lawn sprinkler.
(2)
The fee shall be $65 for each of the following items, but may not
be all-inclusive: water heater, chimney liner and air distribution
systems.
(3)
The fee shall be $40 for each of the following items, but may not
be all-inclusive: each gas pipe connection, each temporary LPG tank,
each fuel oil connection, air-conditioning unit, coils, condensate
pumps, refrigerant lines, fireplace inserts, combustion air, backflow
preventer, humidifiers, first-time install of sump pump, condensate
drains.
V.
Electrical fees.
(1)
Electrical fixtures and devices.
(a)
From one to 40 receptacles, fixtures, switches or micro inverters:
$100.
(c)
Residential garbage disposals: $35.
(d)
Residential heaters, boilers, etc.: $35.
(e)
Floor heat: $35.
(f)
Heated towel bars: $35.
(g)
Residential sump pumps: $35.
(h)
Residential dishwashers: $35.
(i)
Sewer ejector pump: $35.
(5)
Service equipment. Term includes service panel, service entrance
and subpanels.
(6)
Temporary pole/construction service: $195.
(7)
(8)
Light standards exceeding eight feet in height (each): $115.
(12)
Commercial lighting control panels (each): $100.
(13)
Commercial building automation systems and satellite systems (each):
$245.
(14)
Solar photovoltaic panels, ground-or roof-mounted: $15 per panel.
W.
The fee for development-wide inspection of homes, after issuance
of a certificate of occupancy, that is ordered pursuant to N.J.A.C.
5:23-2.35 shall be an amount equal to twice the hourly base salary
paid to any licensed code official performing the work or the hourly
fees charged to the municipality by a professional contracted to provide
such services pursuant to N.J.A.C. 5:23-2.35.
Z.
State of New Jersey training. In order to provide for the training
and certification and technical support programs required by the State
Uniform Construction Code Act, the enforcing agency, including the
Division of Code Enforcement when acting as the local agency, shall
collect a surcharge fee to be based upon the volume of new construction
within the municipality. The fee shall be in the amount of $0.00371
per cubic foot volume of new construction and additions. The fee for
all other construction shall be $1.90 per $1,000 of cost. The minimum
permit surcharge shall be $1. (Elevators, lead and asbestos per state
fee schedule).
AA.
Annual construction permit.
(1)
The fee to be charged for an annual construction permit shall be
charged annually. This fee shall be a flat fee based upon the number
of maintenance workers who are employed by the facility and who are
primarily engaged in work that is governed by a subcode. Managers,
engineers and clericals shall not be considered maintenance workers
for the purpose of establishing the annual construction permit fee.
Annual permits may be issued for building, fire protection, electrical
and plumbing. Fees shall be as follows: per state fee schedule. Annual
permit fees are not refundable.
(2)
Prior to the issuance of an annual permit, a training registration
fee of $140 per subcode and a list of not more than three individuals
to be trained per subcode shall be submitted by the applicant to the
West Windsor Township Code Enforcement Division.
BB.
Contractor registration: The fee shall be $125 for a three-year term
(commercial contractor's license only).
CC.
Waiver of construction permit fees.
(1)
No person shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing private structure or any of the
facilities contained herein.
(2)
A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his or her own living
unit.
(3)
"Disabled person" means a person who has the total and permanent
inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment, including
blindness, and shall include but not be limited to any resident of
this state who is disabled pursuant to the federal Social Security
Act (42 U.S.C. § 416), or the federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veterans' Act. For purposes of this subsection,
"blindness" means central visual acuity of 20/200 or less in the better
eye with the use of a correcting lens. An eye which is accompanied
by a limitation in the fields of vision such that the widest diameter
of the visual field subtends an angle no greater than 20° shall
be considered as having a central visual acuity of 20/200 or less.
DD.
Penalties. Penalties may be levied by an enforcing agency as follows:
(1)
Up to $1,000 per violation for failure or refusal to comply with
any lawful order, unless the failure or refusal to comply is done
with the knowledge that it will endanger the life or safety of any
person, in which case the penalty shall be up to $2,000 per violation;
(2)
Up to $2,000 per violation for failure to obtain a required permit
prior to commencing construction or for allowing a building to be
occupied without a certificate of occupancy;
(3)
Up to $2,000 per violation for failure to comply with a stop construction
order;
(4)
Up to $2,000 per violation for willfully making a false or misleading
written statement, or willfully omitting any required information
or statement in any application or request for approval;
(6)
For purposes of this subsection, in an occupied building, a code
violation involving fire safety, structural soundness or the malfunctioning
of mechanical equipment that would pose a life safety hazard shall
be deemed to endanger the life or safety of a person. In an unoccupied
building, a code violation of a requirement intended to protect members
of the public who are walking by the property shall be deemed to endanger
the life or safety of a person.
(7)
All monies collected shall be collected under penalty provisions
of the UCC. All penalties collected shall be retained by the Division
of Code Enforcement and shall be placed in a special trust fund to
be applied to the cost to the division for training, technical support
programs, certification, new equipment and transportation. An independent
fund shall be set up and retained by the Director of Finance to be
the trustee of this account.
[1]
Editor's Note: Former § 82-5, Electrical subcode
fees, was repealed 8-14-2023 by Ord. No. 2023-06.
[Amended 4-22-2002 by Ord. No. 2002-07; 3-22-2004 by Ord. No. 2004-08; 12-8-2008 by Ord. No. 2008-48]
A.
Registration and fees. All applications for certificates
of approval shall be accompanied by fees in accordance with the following:
[Amended 12-6-2010 by Ord. No. 2010-29]
(1)
Buildings, structures or rental space up to 10,000
square feet: $125.
(2)
From 10,001 square feet to 50,000 square feet: $250.
(3)
From 50,001 square feet to 200,000 square feet: $750.
(4)
An additional $85 for each additional 50,000 square
feet above 200,000 square feet.
(5)
Residential properties of not more than two households:
$100.
B.
Smoke and carbon monoxide detector inspection certification
fee: $75 per inspection.
[Amended 12-6-2010 by Ord. No. 2010-29]
(1)
Any
smoke and carbon monoxide detector inspection request that is made
five business days or less from the closing/change of occupancy: a
fee of $150 shall be paid.
C.
Information requests. Requests for file information
shall be accompanied by a research and copy fee of $75.
[Amended 12-6-2010 by Ord. No. 2010-29]
E.
Copies of
photographs on CD: $75.
[Added 12-6-2010 by Ord. No. 2010-29]
F.
Emergency medical services.
[Amended 4-6-2010 by Ord. No. 2010-06; 3-4-2013 by Ord. No. 2013-06; 12-10-2018 by Ord. No. 2018-27]
(1)
The Township of West Windsor shall contract with a professional medical
billing service for the collection of payment for services rendered
by the West Windsor Township Division of Fire and Emergency Services.
Said bill shall be issued to the insurance company for the person
served, if any, or directly to the person serviced if insurance coverage
is not available. West Windsor residents who are recipients of emergency
medical services will not be responsible for co-payments, and those
West Windsor residents not having insurance will not be responsible
for any costs.
(2)
Fees to be charged for West Windsor Township EMS services shall be
as follows:
(a)
For ambulance transportation: $800.
(b)
Per loaded mile for basic life support (BLS) mileage: $17.
(c)
Patient treat without transport: $250.
(d)
For oxygen administration: $75.
(e)
For automatic external defibrillator (AED) pads: $75.
(f)
For disposable cervical collars: $45.
(g)
Narcan administration: $95.
(h)
EpiPen administration: $150.
(i)
CPAP administration: $95.
(j)
Aspirin administration: $3.
(k)
For motor vehicle accident extrication: $1,000.
(l)
For first responder fire apparatus response: $250.
(m)
For fire responder response: $150.
(3)
All organizations which conduct or sponsor public events within the
Township of West Windsor which require standby ambulances and/or emergency
medical technicians on site must utilize the EMS services and equipment
provided by the Township's Division of Fire and Emergency Services
and shall pay the Township, at least 10 days prior to a public event,
the cost of such standby services in amounts set by the Chief of Fire
and Emergency Services. The requirement for EMS on site standby is
at the discretion of the Township's Chief of Fire and Emergency Services
with the final approval of the Director of Public Safety.
[Amended 2-24-2020 by Ord. No. 2020-08]
(4)
A copy of this subsection shall be provided to all insurance companies.
G.
Hazardous
materials.
[Amended 12-10-2018 by Ord. No. 2018-27]
(1)
Any person or entity who causes or permits the discharge of hazardous
materials, as defined by the New Jersey Spill Act, shall be strictly
liable, jointly and severally, without regard to fault, for all control
and cleanup costs incurred by the Division of Fire and Emergency Services.
[Amended 2-24-2020 by Ord. No. 2020-08]
(2)
Any person or entity liable for the control and cleanup costs for
the discharge of hazardous materials shall reimburse the Township
the entire cost of any contract or cleanup expenses incurred by the
Division, including personnel, material and equipment charges, within
45 days after the receipt of the bill for such services, as prepared
by the Chief of Fire and Emergency Services.
(3)
Any person or entity which fails to reimburse the Township the entire
amount of the control and cleanup costs within 45 days after the receipt
of the bill shall be subject to a fine of not less than $50 nor more
than $1,000 per day for each day payment has not been made.
H.
Fire
lane violation: $50.
[Amended 12-10-2018 by Ord. No. 2018-27]
[Amended 4-22-2002 by Ord. No. 2002-07; 3-22-2004 by Ord. No. 2004-08; 12-8-2008 by Ord. No. 2008-48]
A.
Fire safety permit program. The following fees and
charges are hereby established:
[Amended 5-6-2002 by Ord. No. 2002-10; 12-8-2008 by Ord. No. 2008-48]
Excavation fees shall include the following:
[Amended 5-6-2002 by Ord. No. 2002-10; 12-8-2008 by Ord. No. 2008-48]
Street opening permit fees shall include the
following:
|
Road Class
| |||
|---|---|---|---|
|
Type of Opening
|
A
|
B
|
C
|
|
Near side
|
$200
|
$100
|
$50
|
|
Far side
|
$500
|
$250
|
$100
|
|
Longitudinal (minimum fee: $100)
|
$10/lin.ft.
|
$8/lin.ft.
|
$5/lin.ft.
|
|
Unimproved road and unimproved shoulders
|
$100
| ||
A.
License fee schedule. A license shall be issued after payment of a fee of $10 for each nonneutered cat and $7 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in § 40-15 will be subject to a delinquent fee of $2 for every month late.
[Amended 3-22-2004 by Ord. No. 2004-08; 12-6-2010 by Ord. No. 2010-29]
B.
Loss of license. If a license tag or sleeve has been
misplaced or lost, the licensing authority may issue a duplicate license
and/or registration sleeve for that particular cat at a fee of $1.
Fees for dogs and kennels shall include the
following:
A.
Individual subsurface sewage disposal systems.[1]
[Amended 5-6-2002 by Ord. No. 2002-10;3-22-2004 by Ord. No. 2004-08; 12-19-2005 by Ord. No. 2005-16]
(1)
The following fees and charges are hereby established:
(a)
A fee of $750 per proposed system shall be charged
for the following services (This fee shall include 10 hours of inspection
time; work which exceeds 10 hours shall be billed at a rate of $75
per hour.):
[Amended 12-6-2010 by Ord. No. 2010-29]
[1]
For the review of an application and plans for
a permit to locate, construct and install an individual subsurface
sewage disposal system to include design review and inspection.
[2]
For the review of an application and plans for
a permit to alter an existing individual subsurface sewage disposal
system due to renovations or a malfunction to include design review
and inspection.
[3]
For the processing of plans, communications
and on-site witnessing related to any preliminary, final or other
soil or percolation test for an individual subsurface sewage disposal
system or part thereof.
(b)
For the issuance or renewal of a license to
a person or corporation to locate and construct or alter an individual
subsurface sewage disposal system (annual fee): $25.
(c)
Repairs.
[Amended 12-6-2010 by Ord. No. 2010-29]
[1]
Minor repair permit. A fee of $75 shall be charged
for an application for a minor repair to an individual subsurface
sewage disposal system. This fee covers up to one hour of review and
inspection time. Additional time will be billed at a rate of $75 per
hour.
[2]
Repair permit. A fee of $375 shall be charged
for an application to repair an individual subsurface sewage disposal
system. This fee includes five hours of inspection time. Additional
work will be billed at a rate of $75 per hour.
[3]
Tank abandonment permit. A fee of $75 shall be charged for an application
to abandon a septic tank, cesspool or seepage pit.
(2)
All fees shall be paid at the Township municipal building
to the Health Officer by check or money order drawn to the order of
West Windsor Township.
(3)
Payment of all fees hereunder shall be guaranteed
by the applicant and/or the owner of the property on which such inspections
take place.
B.
Public bathing places.
(2)
Plan review fees. A plan review fee will be charged
for technical review of all new applications for public bathing places.
The fees are established as follows:
(a)
Plan review for a new facility consisting of
one pool/spa: $500.
[Amended 5-6-2002 by Ord. No. 2002-10; 3-4-2013 by Ord. No.
2013-06]
(b)
Charge for each additional pool/spa for facilities
with multiples: $100.
(c)
Plan review for renovations to existing public
bathing place: $300.
[Amended 5-6-2002 by Ord. No. 2002-10; 12-6-2010 by Ord. No. 2010-29]
C.
Retail food establishment license fees.[2]
(1)
License. All retail food establishments shall obtain
licenses from the West Windsor Township Division of Health, the cost
of which shall be $50.
[Amended 12-6-2010 by Ord. No. 2010-29]
(a)
Delinquent fees.
[1]
Delinquent annual renewal applications. An additional administrative
late fee of $100 will be charged for applications received by the
Township between the dates of February 1 and December 31 for renewal
of operational retail food establishments for the current licensing
year.
[2]
Delinquent temporary retail food establishments. An additional administrative
late fee of $50 will be charged for applications received by the Township
within seven calendar days of planned operation.
(2)
Inspection fee for food establishments with food preparation
areas.
(a)
In addition to the annual license fee, an annual
inspection fee shall be charged for food establishments with food
preparation areas, based on the size of the food preparation area
as follows:
[Amended 5-6-2002 by Ord. No. 2002-10; 12-6-2010 by Ord. No. 2010-29]
|
Square Feet
|
Fee
| |
|---|---|---|
|
Up to 200
|
$135
| |
|
201 to 400
|
$210
| |
|
401 to 600
|
$260
| |
|
601 to 800
|
$310
| |
|
801 to 1,000
|
$360
| |
|
Over 1,000
|
$410
|
(b)
If inspections must be made on Saturdays, Sundays,
legal holidays or after 5:00 p.m. because of the nature of the establishment,
the applicable inspection fee shall be multiplied by a factor of 1.5.
(3)
Inspection fee for retail food markets.
(a)
In addition to the annual license fee, an annual
inspection fee shall be charged for retail food markets, based on
the size of the food marketing area as follows:
[Amended 5-6-2002 by Ord. No. 2002-10; 12-6-2010 by Ord. No. 2010-29]
|
Square Feet
|
Fee
| |
|
Up to 1,000
|
$135
| |
|
1,000 to 2,000
|
$220
| |
|
2,001 to 3,000
|
$280
| |
|
3,001 to 4,000
|
$340
| |
|
4,001 to 5,000
|
$400
| |
|
Over 5,000
|
$460
|
(b)
If inspections must be made on Saturdays, Sundays,
legal holidays or after 5:00 p.m. because of the nature of the establishment,
the applicable inspection fee shall be multiplied by a factor of 1.5.
(5)
Exemption for nonprofit corporations. No corporation
organized under Title 15 of the New Jersey Statutes shall be required
to pay either the license or inspection fees set forth herein.
[Amended 12-6-2010 by Ord. No. 2010-29]
(6)
Inspection fee for temporary retail food establishments.
The fee for a retail food establishment operating for less than two
weeks, Monday through Friday, between the hours of 9:00 a.m. and 5:00
p.m., will be $15. The fee for establishments operating weekends,
evenings or holidays will be $30.
[Amended 12-6-2010 by Ord. No. 2010-29]
(7)
Plan review fees. Plan review fees shall be charged
as follows:
[Amended 5-6-2002 by Ord. No. 2002-10; 3-22-2004 by Ord. No.
2004-08; 3-4-2013 by Ord. No. 2013-06]
|
Food establishments. A plan review fee shall
be charged for the filing of any application for a food establishment.
The fee will be based upon the total square footage of the proposed
establishment as follows:
| |||
|
Square Feet
|
Fee
| |
|---|---|---|
|
Up to 400
|
$175
| |
|
401 to 800
|
$250
| |
|
Over 800
|
$300
|
(8)
Professional instruction: specialized food safety
training sessions will be held for individual establishments upon
request. The following fees are established:
(9)
Low-hazard temporary food establishment registration.
Temporary establishments which restrict their menus to prepackaged,
non-potentially hazardous foods may be exempted from licensing and
inspection fees by the Health Officer. A $25 registration fee will
be charged per event.
[Added 12-19-2005 by Ord. No. 2005-16]
D.
License fees for food and beverage vending.[3]
(1)
All license and permit fees for food and beverage
vending machines shall be paid to the Township of West Windsor on
or before January 31 of each year.
(2)
All such permits and licenses issued under the authority
of this section shall expire on January 30 of each year.
(3)
No license fee shall be required for any food or beverage
vending machine owned by any public school, church or religious organizations
or any nonprofit corporation or association of the State of New Jersey
within the Township of West Windsor.
(4)
New or additional coin-operated vending machines installed
during the year shall pay a license fee. There shall be no refund
for a portion of the license for any machine removed from the premises
during the year.
[Amended 3-22-2004 by Ord. No. 2004-08]
E.
Well permits.[4] The following fees and charges are hereby established
as follows:
F.
Community sewage disposal systems.[5] The following fees and charges are established.
[Amended 5-6-2002 by Ord.
No. 2002-10; 3-22-2004 by Ord. No. 2004-08; 12-6-2010 by Ord. No.
2010-29]
(1)
The fee for review of a proposed community sewage
disposal system by the administrative authority shall be $2,000, to
include a maximum of 10 realty improvements, plus $200 for each additional
realty improvement, payable at the time application for the permit
to locate, construct or alter the community sewage disposal system
is made.
(2)
The fee for witnessing a soil test by an approved
professional shall be $75 per hour.
(3)
The fee for site inspections shall be $75 per hour.
G.
Radon test. The fee for a radon test kit and consultation
shall be $30.
[Amended 5-6-2002 by Ord. No. 2002-10]
H.
File search. The fee for a file search by any interested
party regarding environmentally sensitive areas or properties shall
be $75. This fee does not include the cost of providing copies of
written documents.
I.
Body art
establishments. The following fees will be charged for issuance or
renewal of a license to operate a body art establishment. All annual
licenses shall expire December 31 in the year the license is issued.
Temporary licenses shall expire 24 hours from the date of issue.
[Added 12-6-2010 by Ord. No. 2010-29]
(1)
Licensing
fees.
|
Type of Establishment
|
Fee
| |
|---|---|---|
|
Tattooing
|
$500
| |
|
Permanent cosmetics
|
$500
| |
|
Body piercing
|
$500
| |
|
Ear piercing only
|
$100
| |
|
Combination procedure
|
$750
| |
|
Temporary
|
$1,000
|
(2)
Plan
review application fees. The following fees shall be charged for an
application for plan review for body art establishments.
(a)
Fixed facilities. A plan review fee of $500 will be charged for the
first procedure proposed; a fee of $125 per additional procedure.
A fee of $125 per procedure will be charged for applications to alter,
expand or renovate an existing body art establishment.
(b)
Temporary establishments. A plan review fee of $1,000 is established
for plan review of temporary establishments.
J.
Retail electronic smoking devices establishment. The annual fee for
an electronic smoking device establishment license shall be $1,500.
[Added 2-19-2019 by Ord.
No. 2019-01]
[Amended 3-22-2004 by Ord. No. 2004-08; 12-6-2010 by Ord. No. 2010-29; 3-4-2013 by Ord. No. 2013-06]
A.
An escrow fund shall be established by the Township
for the receipt of registration fees to be used in assisting to finance
the duties of the Township's Affordable Housing Committee as follows:
C.
Failure to pay required fees shall be subject to penalties
equal to 1 1/2% interest per month on unpaid fees plus any legal
and collection fees involved in the repayment of the required fee.
A.
Schedule of fees. The following fees are established
for the various services extended and material distributed by departments
of the Township:
[Amended 2-8-1999 by Ord. No. 99-03; 5-6-2002 by Ord. No. 2002-10]
(2)
Assessment search: not to exceed $10 (pursuant to
N.J.S.A. 54:5-13). Continuation search (charged per each year subsequent
to original search): $2.
(4)
Codified ordinances: $350.
(5)
Land Use ordinances, bound volume: $100.
[Amended 12-19-2005 by Ord. No. 2005-16]
(a)
Land Use supplements, yearly fee: $15.
(6)
Duplicate tax sale certificate: not to exceed $100
(pursuant to N.J.S.A. 54:5-52).
(7)
Easement modification agreement: $100.
(8)
Fence permit: $35.
[Amended 12-19-2005 by Ord. No. 2005-16]
(9)
Filed decision by Planning Board, Zoning Board of
Adjustment or Township Council: $25.
(10)
Flood hazard area certification: $50.
(11)
Home occupation permit: $50.
[Amended 12-19-2005 by Ord. No. 2005-16]
(12)
Maps:
(b)
Greenbelt Map: $12.
[Amended 12-19-2005 by Ord. No. 2005-16]
(c)
Master Plan: $75.
[Amended 12-19-2005 by Ord. No. 2005-16]
(d)
Sanitary Sewer Map: $12.
[Amended 12-19-2005 by Ord. No. 2005-16]
(e)
Site Location/Open Space Map (color): $25.
[Amended 12-19-2005 by Ord. No. 2005-16]
(f)
Street Map: $7.
[Amended 12-19-2005 by Ord. No. 2005-16]
(g)
Water Distribution Map: $12.
[Amended 12-19-2005 by Ord. No. 2005-16]
(h)
Zoning Maps: $12.
[Amended 12-19-2005 by Ord. No. 2005-16]
(i)
Tax Maps.
[1]
Tax Maps (full set) (twenty-four inch by thirty-six
inch format): $375.
[Amended 12-19-2005 by Ord. No. 2005-16]
[2]
Tax Maps (full set) (twelve-inch by eighteen-inch
format): $175.
[Amended 12-19-2005 by Ord. No. 2005-16]
[4]
Photocopy, for sizes over 11 inches by 17 inches:
$0.75 per square foot.
(13)
Marriage and civil ceremonies. In addition to any
fees that may be established for the issuance of a marriage or civil
union license, the following fee schedule is established for weddings
performed by the Township Mayor as follows:
[Added 5-5-2008 by Ord. No. 2008-06[4]]
(a)
There shall be a $3 fee for issuance of a marriage
or civil union license. The fee shall be deposited into the Township's
General Fund.
(b)
There shall be a $25 fee collected from all
applicants for a marriage or civil union license. This fee shall be
remitted to the New Jersey Department of Human Services.
(c)
There shall be a $100 fee charged to any persons
who have the Township Mayor solemnize the marriage or civil union.
The fee shall be deposited into the Township's General Fund.
(14)
Notarial service fee: $2 per signature. (Exempt from
this fee shall be vendors contracting to perform services or supply
goods to the Township.)
[Added 3-22-2004 by Ord. No. 2004-8[5]]
(16)
(17)
Planning Board agendas (yearly): $30.
(18)
Raffle license: same as set by state.
(19)
Service charge for checks returned due to insufficient
funds: $20.
[Amended 11-29-2004 by Ord. No. 2004-34]
(20)
Sewer ban exemption endorsement (single-family residence):
$20.
(23)
Subdivision certificate: $250.
[Amended 12-19-2005 by Ord. No. 2005-16]
(24)
Tape and CD duplication fee, per tape/CD: $7.
[Amended 12-19-2005 by Ord. No. 2005-16]
(25)
Tax and sewer rent payments:
[Added 12-17-2007 by Ord. No. 2007-23[9]; amended 12-6-2010 by Ord. No. 2010-29]
(a)
Processing fee for ACH payments: $2 per transaction.
(b)
Processing fee for credit card payments: 2.9% of transaction amount
(effective January 1, 2011).
[9]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection A(34) as Subsection A(27);
former Subsection A(25) as Subsection A(26); and former Subsection
A(26) through (33) as Subsection A(28) through (35), respectively.
(26)
Tax bill, duplicate: $1.
(27)
Tax sale certificate, duplicate: not to exceed $100
(pursuant to N.J.S.A. 54:5-52).
(28)
Tax search: not to exceed $10 (pursuant to N.J.S.A.
54:5-13).
(29)
Township Council agenda: $50 annually.
[Amended 12-19-2005 by Ord. No. 2005-16]
(30)
Township Council minutes, yearly subscription fee:
$200.
(31)
Township Council special meeting notice: $25 annually.
[Amended 12-19-2005 by Ord. No. 2005-16]
(32)
Vendors' permit (peddlers, hawkers, solicitors): $50.
(a)
SBI check for vendors: $18.
[Amended 12-19-2005 by Ord. No. 2005-16]
(33)
Zoning certificate: $100.
[Amended 12-19-2005 by Ord. No. 2005-16]
(34)
Zoning Board of Adjustment agendas (yearly): $15.
(35)
Zoning permit: $35.
[Amended 11-29-2004 by Ord. No. 2004-34; 12-19-2005 by Ord. No. 2005-16]
(36)
Grease control plan review fees.
[Added 12-29-2008 by Ord. No. 2008-51]
(a)
New establishments and existing establishments
with proposed renovations shall pay a plan review fee based on the
square footage of the establishment. Existing establishments submitting
an initial grease control plan to the Township shall not be required
to submit a fee.
[Amended 3-4-2013 by Ord.
No. 2013-06]
|
Size
(square feet)
|
Fee
| |
|---|---|---|
|
Up to 400
|
$175
| |
|
401 to 800
|
$250
| |
|
Over 800
|
$300
|
(b)
New multi-use properties shall submit a plan
review fee based on the number of proposed retail food establishments
discharging into the Township Sanitary Sewer from the property: $50
per establishment. Existing multi-use properties submitting an initial
grease control plan shall not be required to submit a fee.
(c)
Alteration to an approved grease control plan:
$100.
(37)
Rental of Schenck Farmstead restrooms and use of property to
erect an event tent. Residents of West Windsor Township or Township-based
organizations only:
[Added 3-31-2014 by Ord. No. 2014-02; amended 9-12-2016 by Ord. No. 2016-20]
B.
Exceptions. No fees shall be charged for any requested
information, reports, searches, etc., under this chapter if formally
requested by any federal, state, county or municipal agency or department
or if requested by any department, employee or appointee of the Township.
C.
Interest on unpaid taxes. Interest on unpaid taxes
or unpaid assessment for local improvements shall be charged at a
rate of 8% per annum on the first $1,500 of the delinquency and 18%
of any amount in excess of $1,500. Interest on unpaid taxes or unpaid
local improvements shall be completed from the date taxes or local
assessments become delinquent, except that no interest shall be charged
on any installment payment if payment of said installment is made
within 10 days after the date upon which the same becomes payable.
Parks and recreation fees shall be as set annually
by resolution of the Board of Recreation Commissioners.
[Amended 7-29-2002 by Ord. No. 2002-13]
A.
Application fee. Any person making application for
representation by a Municipal Public Defender with regard to any matter
before the West Windsor Municipal Court shall pay an application fee
of not more than $200, payable to the Township of West Windsor, to
the Municipal Court Administrator, at the time of the application.
[Amended 5-14-2007 by Ord. No. 2007-08]
B.
Waiver of fee. In accordance with N.J.S.A. 2B:24-17
and with guidelines promulgated by the New Jersey Supreme Court, the
Municipal Court may waive any required application fee. in whole or
in part, only if the court determines, in its discretion, upon a clear
and convincing showing by the applicant, that the application fee
represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
C.
Eligibility for services. Eligibility for services of the Township Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection D below. Need shall be measured as provided by law and in accordance with the guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Township Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant. and the defendant shall be obliged to engage his or her own counsel and to reimburse the Township for the cost of the services rendered to that time.
D.
Investigation of financial status. The Municipal Court
shall undertake an investigation of the financial status of each defendant
seeking representation and shall have the authority to require a defendant
to execute and deliver written requests or authorizations required
under applicable law to provide the Court with access to records of
public or private sources, otherwise confidential, as may be of aid
in the evaluation of eligibility. As provided by law, the court is
authorized to obtain information from any public record, office of
the state, or any subdivision or agency thereof on request and without
payment of fees ordinarily required by law.
E.
Financial obligations of parents or guardians. As
provided by N.J.S.A. 2B:24-11, whenever a person entitled to representation
by a Township Public Defender pursuant to this Act is under the age
of 18 years. the eligibility for services shall be determined on the
basis of the financial circumstances of the individual and the financial
circumstances of the individual's parents or legal guardians.
F.
Reimbursement to the Township. As provided by N.J.S.A.
2B:24-12, if the defendant has or reasonably expects to have means
to meet some part, though not all, of the costs of the services rendered,
the defendant shall be required to reimburse the Township and the
Township shall have a lien on any property to which the defendant
shall have or acquire an interest for the amount equal to the reasonable
value of the services rendered to a defendant pursuant to this act
as calculated at the same rate of the office of the Public Defender
bills clients at that time.
G.
Collection and settlement of claims. The Township
Attorney may do all things necessary to collect any money due to the
Township by way of reimbursement for services rendered by the Township
Public Defender. The Township Attorney may enter into arrangements
with any state or county agency to handle collections on a cost basis.
The Township Attorney shall have all of the remedies and proceedings
available for collection which are available for or upon the recovery
of a judgment in a civil action and shall also be permitted to collect
counsel fees and costs from the defendant. The Township Attorney is
authorized to compromise and settle any claims for services performed
whenever the financial circumstances of the person receiving the services
are such that, in the judgment of the township Attorney, the best
interest of the Township will be served by compromise and settlement.
H.
Establishment of fund. Fees collected pursuant to
this section shall be deposited in a dedicated fund administered by
the Chief Financial Officer of the Township. The fund shall be used
exclusively to meet the costs incurred in providing the services of
a Township Public Defender, including, when required, expert and lay
person investigation and testimony.
A.
Reports (other than Municipal Court discovery):
[Amended 5-6-2002 by Ord. No. 2002-10; 11-29-2004 by Ord. No. 2004-34]
B.
Municipal Court discovery requests:
[Amended 5-6-2002 by Ord. No. 2002-10; 11-29-2004 by Ord. No. 2004-34; 3-4-2013 by Ord. No. 2013-06]
(1)
Photocopy fee, letter size 8 1/2 by 11 or smaller:
$0.05 per page.
(2)
Photocopy fee, legal size 8 1/2 by 14 or larger: $0.07
per page.
(3)
Actual postage for any discovery sent by mail.
(4)
Photographs will be photocopied at the rates established
herein. If requests are made for duplicate photographs, the actual
cost of making the photographs shall be charged.
(5)
Duplication of video or audio tapes: $0.50 each.
(6)
On any item that cannot be photocopied on the Township
copy machine or not otherwise provided for in this schedule, the actual
cost incurred in making the copy shall be charged.
C.
Fingerprints (per card or application): $5.
E.
Videotape duplication: $0.50.
[Amended 3-4-2013 by Ord.
No. 2013-06]
F.
Visa letters and character references: $10.
G.
Audio tape duplication: $0.50.
[Added 5-6-2002 by Ord. No. 2002-10; 3-4-2013 by Ord. No.
2013-06]
H.
Police
officer extra work.
[Added 6-27-2022 by Ord. No. 2022-06]
(1)
Pursuant
to the Superior Officers Association (SOA) Agreement and the PBA Local
271 Agreement, police officers are permitted to engage in "extra work,"
which is defined as "services in the nature of special or private
police duty provided by employees in their off-duty hours to individuals,
groups, clubs, institutions and others who make payment for such services,
and which services the Township is not expected or obligated to provide
as a normal police function (e.g., traffic duty, security at private
parties or events, club or school dances, football games, etc.)."
(2)
No
employee shall be required or compelled to work extra work.
(3)
All
requests by prospective employers shall be submitted through the Office
of the Chief of Police, or his/her designee, within the Police Department.
The Township may engage a third-party intermediary to schedule extra
work assignments for police officers.
(4)
The
hourly cost shall consist of a special hourly rate agreed upon by
the Township and the recognized collective bargaining units to be
paid to officers working extra work assignments, plus a reasonable
administrative fee, which covers the administrative cost, overhead
and out-of-pocket expenses to the Township for providing the service,
including any fees owed to third-party contractors.
(5)
All
other details concerning extra work shall be as set forth in the operative
Superior Officers Association (SOA) Agreement and the PBA Local 271
Agreement.
I.
Concerts,
festivals/outdoor events, and carnivals.
[Added 4-8-2024 by Ord. No. 2024-06]
(1)
All
organizations that conduct or sponsor public events within the Township
of West Windsor shall utilize West Windsor police officers on-site
and equipment provided by the Township's Police Department. The requirement
for police on-site is at the discretion of the Township's Chief of
Police.
(2)
In
the following instances, West Windsor Township has specified minimum
staffing levels of required police presence, which may be modified
at the discretion of the Township's Chief of Police:
(a)
Concerts: minimum one officer (security) per 500 attendees anticipated
or one per 350 if alcohol is served or sold.
(b)
Festivals/outdoor events: minimum one officer (security) per 500
attendees anticipated or one per 350 if alcohol is served or sold.
(c)
Carnivals: minimum one officer (security) per 500 attendees anticipated
or one per 350 if alcohol is served or sold.
Sewer permit fees shall be as follows:
A.
Residential: $0.75 per square foot with a minimum
fee of $1,000 per dwelling unit, except for owners/occupants who are
exempt senior citizens.
[Amended 5-6-2002 by Ord. No. 2002-10]
(1)
For residential projects containing low- and moderate-income
dwelling units, the sewer hookup fee for the low- and moderate-income
dwelling units shall be reduced to $600 per dwelling unit. The fee
for market-rate units will be as noted above.
B.
Nonresidential: $0.75 per square foot with a minimum
fee of $2,500.
[Amended 5-6-2002 by Ord. No. 2002-10]
D.
[3]Clarksville Road-Everett Drive extension sewer reimbursement.
[Added 3-25-2002 by Ord. No. 2002-04]
(1)
The owners of all properties abutting the Clarksville
Road-Everett Drive sewer extension who will be connected to the sewer
extension shall pay the pro rata share of the cost of the construction
of the aforesaid extension based upon their proportionate flow as
a percentage of the total estimated flow, as calculated by the Township
Engineer.
[3]
Editor's Note: Former Subsection D, Assunpink Basin sewer
reimbursement, was repealed 4-25-2022 by Ord. No. 2022-04. This ordinance also
provided for the redesignation of former Subsection E as Subsection
D.
E.
Southfield
Road Pump Station and South Post Road Pump Station extensions and
upgrades sewer reimbursement.
[Added 4-25-2022 by Ord. No. 2022-04]
(1)
The
owners of all property who will be connected to the sewer system,
or provided with additional capacity within the system if already
connected, within the district served by the Southfield Road Pump
Station and South Post Road Pump Station, as shown on Exhibit A, attached
hereto and incorporated herein, shall each pay to the Township their
pro rata share of the costs of the aforesaid extensions and upgrades,
the documents showing such extensions and upgrades being on file in
the Office of the Township Engineer. Each share shall be based upon
the owner's proportionate flow as a percentage of the total estimated
flow capacity, as calculated by the Township Engineer. In the case
of a property already connected to the system and being provided additional
capacity, each share shall be based upon the proportionate increase
in flow as a percentage of total estimated flow capacity.
A.
Sewerage user service charge. The reasonable and necessary
costs of operation and maintenance of the sanitary sewerage system(s)
in and for the Township shall be borne by the users of the system(s)
through payment of an annual user service charge.
B.
COSTS
SANITARY SEWERAGE SYSTEM(S)
SERVICE YEAR
TOWNSHIP
USER
WELL RATE
WINTER QUARTER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
All sewerage systems which have been or may hereafter be
acquired or constructed or contracted for by the Township.
The one-year period beginning January 1 and ending December
31.
The Township of West Windsor.
The owner of a parcel of property containing a house or other
building or complex of buildings to which a sewer connection has been
or may be made or notification to hook up has been made, except for
those owners to whom specific variances have been granted by the Township.
(The users of the Jefferson Park Sewer System and Plant are specifically
excluded from this definition until January 1, 1980.)
A nominal water usage of 75 gallons per day per occupant,
which equates to 900 cubic feet per person per quarter.
A period of at least three months ending in January, February
or March.
C.
Determination of annual user service charge.
(1)
The annual service charge rate per 100 cubic feet
of sewage shall be determined by the Township for each service year
and shall be based on budgeted costs and anticipated sewage flow,
except that there shall be a minimum quarterly flow of 1,500 cubic
feet in calculating the charge.
(2)
The annual volume of sewage flow in hundreds of cubic
feet charged to each user shall be equal to:
(a)
Metered sewage flow, when use of such metering
has been expressly required or permitted by the Township and the necessary
meter is installed and maintained by the user.
(b)
Metered water flow allocated to such user, where
the amount so allocated shall be the lesser of:
[1]
The amount charged to the user during the most
recent four consecutive quarters, which shall be the spring, summer
and fall quarters of the previous year and the winter quarter of the
current service year.
D.
Determination of initial user service charge. The
initial user service charges shall be determined by the Township on
an estimated basis.
(1)
New residential users. The initial user service charge
shall be a flat rate based on the annual service charge rate for 3,000
cubic feet of sewage per quarter, until the following service year,
when sufficient billing information is available.
(2)
New nonresidential users. The initial annual service
charge shall be a flat rate based on the annual service charge rate
calculated by multiplying the building floor area by .06, until the
following service year, when sufficient billing information is available.
E.
Private water supply. In instances where neither sewage
flow nor allocated water flow is metered but the Township provides
sewerage service, then the annual user charge shall be determined
by either of the following procedures at the user's discretion:
(1)
Calculated quarterly usage based upon the well rate
multiplied by the number of occupants.
(2)
Winter quarter water usage based on readings of a water meter installed on the private water supply. A suitable water meter will be furnished by the Township and properly installed and maintained by the user. The user shall permit access to such meter by authorized Township representatives during reasonable hours of the day. After a meter is installed, charges will be calculated in accordance with Subsection D(1) hereof until the next service year.
F.
User service charges contested. In the event that
it is contested by the Township or by the user that the annual service
charge does not fairly reflect the amount of sewage discharged into
the sanitary sewer system, the method of calculating the service charge
may be adjusted accordingly by the Township on written application
of the aggrieved party after hearing on notice to the other party.
G.
Surcharges. Users disposing of waste containing higher
than normal concentrations of certain constituents shall pay for this
service. Such surcharges will be imposed for sewage constituents that
exceed those specified by the Stony Brook Regional Sewerage Authority.
The surcharges will be determined by the Township and will be sufficient
to reimburse the Township for the additional costs of handling such
wastes.
H.
Starting date for user charges. User service charges
shall begin either immediately upon issuance by the Township of a
certificate of occupancy or 60 days following the mailing to the user
by the Township of notification to hook up.
I.
User service charges payable semiannually. Service
charges shall be due and payable on March 1 and September 1 and shall
draw the same interest from the time they become due as taxes upon
real estate. Said charges shall be a lien upon the premises connected
until paid. In the event that any such charge shall remain unpaid,
such charge, with interest and costs in the event that the same exceeds
$5, shall be collected by means of the same remedies as provided by
law for collection of taxes on real estate. In the event that senior
citizen status or financial hardship is shown by the user and is certified
by the Director of Senior and Social Services, the Township may permit
payments to be made quarterly (March 1, June 1, September 1 and December
1).
J.
One water meter serving more than one dwelling unit. In the case of buildings for which there is one water meter for more than one dwelling unit, the individual unit owners shall be billed based upon the method of allocation of charges between the unit owners covered by the single meter that is set forth in the documents of the condominium association or homeowners' association for sewerage, if any, or, if not, for water charges. The aggregate amount to be divided among the unit owners shall be calculated in the manner set forth in Subsections C and D. The Tax Collector shall collect any charges due pursuant to Subsection D from individual owners billed prior to the effective date of this section, and no individual unit owner who has paid such charge shall be entitled to a refund therefor. Each applicant for development shall, in the public offering statement or other document approved by the Planning Board Attorney, notify purchasers of dwelling units in multi-unit buildings with single water meters of the manner in which they will be billed for their share of the sewer charges and shall notify the Tax Collector prior to issuance of the first certificate of occupancy for a multi-unit building with one water meter of the location of such building.
K.
For owners of properties located within West Windsor Township but
having sewer service provided by an entity outside of West Windsor
Township, other than the Stony Brook Regional Sewerage Authority,
the fee shall be the charges imposed by the entity providing the service
plus an additional charge of 10% imposed by West Windsor Township.
[Added 5-27-2014 by Ord. No. 2014-05]
[1]
Editor's Note: This section was originally
adopted as Sec. 14-4 of the Revised General Ordinances.
[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16; 12-4-2006 by Ord. No.
2006-17; 11-26-2007 by Ord. No. 2007-22; 5-17-2010 by Ord. No.
2010-10; 12-6-2010 by Ord. No. 2010-29; 8-4-2014 by Ord. No.
2014-15]
License fees for applications and for vehicles
for hire shall be as follows:
A.
For every automobile, taxicab or other vehicle for
hire for a new owner's license or transfer to another owner excluding
a transfer in writing (by deed or will) of an existing owner's license
to a family member of the owner: $1,000. For every automobile, taxicab
or other vehicle for hire for renewal or transfer to another vehicle
(excluding limousines) and renewal of an owner's license: $100 per
year. "Family member" means any living child, grandchild, spouse or
domestic partner, parents or grandparents that include relation by
blood or adoption.
B.
For each limousine service company or livery service
company license: $50 per company per year plus an additional $10 per
limousine per year.
C.
For each driver of a vehicle for hire: $100 per year.
D.
For each replacement vehicle owner's placard or driver's
license: $25 per year.
E.
For each proof of insurance letter for motor vehicle
registration: $25.
[Amended 4-19-1999 by Ord. No. 99-05[1]; 11-29-2004 by Ord. No. 2004-34; 12-18-2006 by Ord. No.
2006-20]
The following ranges of fees and charges are
hereby established for the Waterworks at West Windsor Community Pool.
A.
Membership fees:
(1)
Family: $375 to $500 per year.
(2)
Individual: $150 to $250 per year.
(3)
Senior citizen (all residents over the age of 62):
$110 to $175 per year.
(5)
Nonresident family: $500 to $700 per year.
(6)
Nonresident individual: $215 to $340 per year.
(7)
Nonresident senior (over the age of 62): $125 to $250
per year.
(9)
There will be an additional seventy-five-dollar fee
charged to each of the above family membership categories and an additional
fifty-dollar fee added to each individual, one parent/one child and
senior membership categories for registrations received after the
designated registration period. Registration period will be determined
on a yearly basis by the Manager of Recreation and Parks.
[Amended 12-6-2010 by Ord. No. 2010-29]
B.
Daily fees:
(1)
Weekday, adult or child over eight: $12 to $20 per
person.
(2)
Weekday, child age two to eight (under 48 inches):
$10 to $19 per person.
(3)
Weekday, senior citizen: $10 to $18 per person.
(4)
Weekday, all ages, after 5:00 p.m.: $9 to $17 per
person.
(5)
Weekend, adult or child over eight: $14 to $22 per
person.
(6)
Weekend, child age two to eight: $10 to $21 per person.
[Amended 1-27-2020 by Ord. No. 2020-01]
(7)
Weekend, senior citizen: $10 to $20 per person.
D.
Whalers Swim Team:
[Amended 12-6-2010 by Ord. No. 2010-29]
(1)
Swimming
only, member of pool: $150 to $200.
(2)
Diving
only, member of pool: $150 to $200.
(3)
Swimming
and diving, member of pool: $260 to $320.
[Amended 1-27-2020 by Ord. No. 2020-01]
(4)
Swimming
only, nonmember: to $300.
[Amended 1-27-2020 by Ord. No. 2020-01]
(5)
Diving
only, nonmember: $200 to $300.
(6)
Swimming
and diving, nonmember: $350 to $450.
(7)
There
will be an additional twenty-five-dollar fee charged to every individual
registering for swim or dive team after the designated registration
period. Registration period will be determined on a yearly basis by
the Manager of Recreation and Parks.
[Amended 1-27-2020 by Ord. No. 2020-01[5]]
[5]
Editor's Note: This ordinance also repealed former Subsection
D(8) and (9), regarding prices for various groups, which immediately
followed this subsection.
F.
Prior withdrawal. Members who withdraw prior to the
opening day of the season may be issued a refund only if the West
Windsor Division of Recreation and Parks is notified in writing at
least three weeks prior to opening day of the given year. An administrative
service fee of 20% will be imposed for all refunds granted. Absolutely
no refunds will be granted after the season opens.
G.
Return check policy. There will be a penalty fee of
$25 for each check returned by the bank for insufficient funds. To
maintain membership, payment must be made in cash or money order to
the "West Windsor Pool Utility" in the amount of the returned check
plus the penalty fee of $25.
H.
Pool rental
rates: $125 to $150 per hour not including staff. Staff rates will
be between $15 and $40 per hour. Staff needs will be determined by
Manager of Recreation and Parks.
[Added 1-27-2020 by Ord. No. 2020-01]
I.
Camp rental
rates: $200 to $400 per hour (includes staff).
[Added 1-27-2020 by Ord. No. 2020-01]
J.
Facility
fee: All rentals of the facility will be required to also pay a facility
fee of between $75 and $150 per rental
[Added 1-27-2020 by Ord. No. 2020-01]
[1]
Editor's Note: This ordinance was vetoed by
the Mayor 4-30-1999; the veto was overridden by the Council 5-3-1999.
[Amended 4-22-2002 by Ord. No. 2002-08]
A.
Any person or entity who damages property of the Township
of West Windsor as a result of a motor vehicle accident, including,
but not limited to road signage, curbs or other improvements, or who
necessitates the Department of Public Works to clean a site of the
motor vehicle accident shall be required to reimburse the Township
the entire cost of any expenses incurred by the Department of Public
Works related to such accident, including personnel, material and
equipment charges, within 45 days after the receipt of the bill for
such services, as prepared by the Director of the Department of Public
Works.
B.
Any person or entity who fails to reimburse the Township
for the entire amount of the Department of Public Works' costs associated
with a motor vehicle accident which they cause, within 45 days after
the receipt of the bill for such services and costs, shall be subject
to a fine of not less than $50 nor more than $1,000 per day for each
day payment has not been made.
[Added 10-15-2012 by Ord. No. 2012-15]
A.
Every applicant
for a license to maintain, operate or conduct a massage, bodywork
and somatic therapy establishment shall file an application with the
Municipal Clerk upon a form provided by the Clerk and pay a fee of
$500, which shall be nonrefundable, unless the applicant voluntarily
withdraws the application within five days of filing and can demonstrate
that it has not operated the business for which the application is
pending during said five-day period; in which event, $150 shall not
be refundable.
B.
Fingerprinting.
An additional fee for the amount set by the state (and subject to
change by the state) shall be submitted for processing of fingerprints.
[Added 10-25-2022 by Ord. No. 2022-18]
Fees for publicly accessible municipal electric vehicle supply/service
equipment (EVSE) usage shall be as follows:
[Added 12-11-2023 by Ord. No. 2023-25]
A.
(1)
Lead-safe
or lead-free certification: $50 per dwelling unit. This fee shall
include a $20 per-unit assessment in accordance with N.J.S.A. 52:27D-437.16(h).
B.
Lead-based
paint hazard inspection fees.
(1)
Initial
and periodic inspection fee: $200 base fee for a one-bedroom dwelling
plus additional $50 for each additional bedroom in the unit; or the
amount paid by the Township to a third-party lead evaluation contractor
plus a 12% administrative fee, whichever is greater.
(2)
Reinspection
fees: $150 base fee for a one-bedroom dwelling plus additional $50
for each additional bedroom in the unit; or the amount paid by the
Township to a third-party lead evaluation contractor plus a 12% administrative
fee, whichever is greater.
(3)
Inspection
fees shall not apply if the owner directly hires a private lead evaluation
contractor who meets the qualifications of the New Jersey Department
of Community Affairs prior to scheduling an inspection with the Township,
and the Township has not issued a notice requiring a Township-facilitated
inspection.
C.
Dust wipes:
$35 per sample.
D.
Fee for
checks returned for insufficient funds: $75 per check.
E.
Fees required
by this section are nonrefundable and nontransferable. Requests to
cancel a scheduled inspection must be submitted a minimum 48 business
hours in advance of the inspection, or fees shall be forfeited.
F.
In the event the Township enters into a professional services agreement with a third-party lead evaluation contractor to offer the Township-facilitated inspection option, and such agreement specifies a fixed fee structure, all fees shall be paid by the property owner directly to the contracted professional or as specified in the professional services agreement. Filing fees required by § 82-26A, collected by the contracted professional, shall be remitted to the Township as specified by the terms of the executed agreement.
[Added 3-26-2024 by Ord. No. 2024-05]
