[HISTORY: Adopted by the Township Council of the Township of Bridgewater as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 4.
Unfit buildings — See Ch. 65.
Fees — See Ch. 94.
Fire prevention — See Ch. 99.
Flood damage prevention — See Ch. 102.
Land use — See Ch. 126.
Water connections — See Ch. 210.
[Adopted 1-10-1977 by Ord. No. 77-1]
A. 
There is hereby established in the Township of Bridgewater, in the County of Somerset, a State Uniform Construction Code enforcing agency to be known as the "Office of the Township of Bridgewater Construction Code Official," consisting of a Construction Official, Assistant Construction Official, Building Subcode Official, Assistant Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Elevator Subcode Official and such subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
[Amended 8-6-1979 by Ord. No. 79-28;[1] 11-20-1989 by Ord. No. 89-25; 4-7-2014 by Ord. No. 14-04[2]]
[1]
Editor's Note: This ordinance further provided that the positions of Assistant Construction Official and Assistant Building Subcode Official were authorized pursuant to N.J.A.C. 5:23-4.38(b)iv.
[2]
Editor's Note: Section 1A of this ordinance established the position of Elevator Subcode Official, which shall function in the Office of Construction Code Official under the supervision and direction of the Construction Code Official.
B. 
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, Chapter 217, as amended in N.J.A.C. 5:23; provided that in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, Chapter 217, and N.J.A.C. 5:23 to hold each such position.
C. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances. Such office shall be at the Bridgewater Township Municipal Building, 505 Route 202-206 North, Bridgewater, New Jersey.
[Amended 5-15-1995 by Ord. No. 95-14[1]]
A. 
The Construction Board of Appeals for Bridgewater Township is hereby abolished.
B. 
Application for appeals from decisions by the enforcing agency shall be made directly to the Somerset County Construction Board of Appeals.
[1]
Editor's Note: Section 2 of this ordinance provided as follows: All references to the address of the Bridgewater Township Municipal Building are hereby changed to read 700 Garretson Road, Bridgewater, New Jersey.
[Amended 6-19-1978 by Ord. No. 78-15; 10-16-1978 by Ord. No. 78-26; 12-18-1978 by Ord. No. 78-46; 7-16-1979 by Ord. No. 79-26; 10-20-1980 by Ord. No. 80-36; 11-17-1980 by Ord. No. 80-39; 8-3-1981 by Ord. No. 81-24; 1-3-1983 by Ord. No. 83-2; 8-1-1983 by Ord. No. 83-20; 9-17-1984 by Ord. No. 84-23; 10-16-1989 by Ord. No. 89-24; 11-20-1989 by Ord. No. 89-25; 10-7-2002 by Ord. No. 02-17; 12-18-2006 by Ord. No. 06-48; 12-16-2010 by Ord. No. 10-43; 7-18-2011 by Ord. No. 11-17; 8-20-2012 by Ord. No. 12-19]
A. 
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (9) hereof and shall be paid before a permit is issued.
(1) 
The building subcode fee shall be:
(a) 
For combinations of renovations and additions, the sum of the fees are computed separately.
(b) 
For items not specifically addressed in the fee schedule, minimum permit fee will be $40 for residential permit and $85 for nonresidential.
(c) 
The fee for a certificate of occupancy shall be $56 for residential. The fee for a commercial or industrial certificate of occupancy shall be $150. The first temporary certificate of occupancy has no charge if the certificate of occupancy fee was paid at the time of permit issuance. The second temporary certificate and any subsequent requests for temporary certificates of occupancy shall have a fee of $30.
(d) 
Swimming pools: aboveground greater than 550 square feet is $145; all others: $75. In-ground greater than 550 square feet, the fee is $220; all others: $110.
(e) 
Seasonal pools, not permanent in nature regulated by UCC (24 inches or more in depth): the fee is $20.
(f) 
A change of contractor submission for residential: no charge; a change of contractor submission for commercial: $20.
(g) 
The new construction and additions fee for Use Groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, R-3, R-4, and U shall be in the amount of $0.039 per cubic foot of volume of buildings and structures.
(h) 
The fee for Use Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2 shall be $0.022 per cubic foot of volume.
(i) 
The fee for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), shall be $0.0012 per cubic foot with a maximum fee for such structures not to exceed $1,145.
(j) 
Fees for renovations, alterations and repairs or site construction associated with preengineered systems of commercial farm buildings, remanufactured construction and the external utility connection for premanufactured construction shall be based upon the estimated cost of work. The fee shall be in the amount of $35 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $26 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $22 per $1,000 of estimated cost above $100,000. For the purpose of determining estimated cost, the applicant may submit a contractor's bid, architect's bid or engineer's bid or a recognized estimating firm's cost data.
(k) 
Fees for tents in excess of 900 square feet or more than 30 feet in any dimension shall be $134.
(l) 
For sheds under 200 square feet or less, the fee is $60; over 200 square feet, the fee is $120.
(m) 
The fee for roofing or siding work completed on structures of Group R-3 or R-5 shall be $96.
[Amended 3-6-2017 by Ord. No. 17-04]
(n) 
Fees for retaining walls shall be as follows: for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure: $219; for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure: $110; for a newly constructed retaining wall of any size at other than a Class 3 residential structure: the basis for the fee shall be the cost of construction. This includes decorative or structural walls in excess of four feet.
(o) 
Variation fees shall be $594 for Class 1 structures; $120 for Class 2 and 3 structures. The fee for resubmission shall be $229 for Class 1 structures and $65 for Class 2 and 3 structures.
(p) 
The fee for a CCO shall be $120.
(q) 
The fee for a CCO granted pursuant to a change of use shall be $120.
(r) 
The fee shall be $96 for radon permits.
[Added 3-6-2017 by Ord. No. 17-04]
(s) 
The fee shall be $96 for pool fence permits.
[Added 3-6-2017 by Ord. No. 17-04]
(2) 
The electrical subcode fee shall be:
[Amended 3-6-2017 by Ord. No. 17-04]
(a) 
For the first block consisting of 50 receptacles, fixtures or devices, the fee shall be $53 for residential properties and $75 for nonresidential properties; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $9 for residential properties and $25 for nonresidential properties. For the purposes of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower or one kilowatt.
(b) 
The fee shall be $20 for: i) each motor or electrical device rated one hp or one kw to 10 hp or 10 kw; ii) each transformer or generator rated from one kw or one kva to 10 kw or 10 kva; iii) each replacement of wiring involving one branch circuit or part thereof; iv) each storable pool or hydro massage bath tub; v) each underwater lighting fixture; vi) each household electric cooking equipment rated up to 16 kw; vii) each fire, security or burglar alarm control unit; viii) each receptacle rated from 30 amperes to 50 amperes; ix) each light standard greater than eight feet in height including luminaires; and x) each communications closet.
(c) 
The fee shall be $30 for direct replacement of residential heating or air-conditioning systems as well as nonresidential heating or air-conditioning systems up to 10 tons. The fee shall be $75 for direct replacement of nonresidential heating or air conditioning systems over 10 tons.
(d) 
The fee shall be $75 for: i) each motor or electrical device rated from greater than 10 kw or 10 hp to 50 hp or 50 kw; ii) each service equipment, panelboard, switch board, switch gear, motor control center, or disconnecting means rated 225 amperes or less; iii) each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; iv) each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means; and v) each utility load management device.
(e) 
The fee shall be $140 for: i) each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; ii) each service equipment, panelboard, switch board, switch gear, motor control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and iii) for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva.
(f) 
The fee shall be $667 for: i) each motor or electrical device rated greater than 100 hp or 100 kw; ii) each service equipment, panelboard, switch board, switch gear, motor control center or disconnecting means rated greater than 1,000 amperes; and iii) each transformer or generator rated greater than 112.5 kw or 112.5 kva.
(g) 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub, or fountain shall be a flat fee of $75 which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles and heaters, etc., excepting panelboards, electric heat pumps, and underwater lighting fixtures. The fee shall be $15 for electric heat pumps. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection A(2)(b) through (f) above. The fee shall be $125 for each permanently installed commercial swimming pool or spa.
(h) 
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $34 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(2)(b) and (d) above.
(i) 
The fee for annual electrical inspection of commercial swimming pools, spas, or hot tubs shall be $60 per item.
(j) 
The fee charged for installation of solar panels from 1 kw to 50 kw is $67; panels from 50 kw to 100 kw, the fee is $134, panels above 100 kw, the fee is $667. The fee for combiners, combiner panels and metering equipment feeds associated with solar panels shall be in accordance with Subsections A(2)(b), (d), and (e) of § 62-3.
(3) 
The plumbing subcode fee shall be:
(a) 
Each residential fixture: $20; each nonresidential fixture: $40; residential minimum plumbing fee: $40; nonresidential minimum plumbing fee: $85. "Fixtures" include but are not limited to backwater valves, bathtubs, bidets, clothes washers, dishwashers, drinking fountains, floor drains, garbage disposers, floor sinks, hose bibs, soda-dispensing equipment, ice cream or yogurt makers, ice-making equipment, kitchen sinks, laundry tubs, lavatories, shower stalls, slop sinks, vent stacks, roof/overflow drains, urinals, utensil washers, vacuum breakers and water closets and any fixtures and appliances connected to the plumbing system, except for replacement of residential hot-water heaters which shall be $25 and for nonresidential water heaters, $85. Whirlpool tubs shall be $65.
(b) 
Nonresidential special fixtures: $85 each. "Special fixtures" include grease traps, water-cooled air-conditioning units, condensate pumps, dental chairs and related equipment, eyewashers, fixture or ejector pumps, water softeners, neutralizing devices, humidifiers, oil recovery tanks, oil and sand interceptors, sewer ejectors, sump pumps, removing septic tanks or pits, emergency showers, spas, hot tubs, tankless heaters, refrigeration units, steam boilers, hot-water boilers (excluding those for domestic water heating) gas piping, active solar systems and fuel oil piping.
(c) 
Residential special fixtures: $65 each. "Residential special fixtures" include grease traps, water-cooled air-conditioning units, condensate pumps, dental chairs and related equipment, eyewashers, fixture or ejector pumps, water softeners, neutralizing devices, humidifiers, oil recovery tanks, oil and sand interceptors, sewer ejectors, sump pumps, removing septic tanks or pits, emergency showers, spas, hot tubs, tankless heaters, refrigeration units, steam boilers, hot-water boilers (excluding those for domestic water heating) gas piping, active solar systems and fuel oil piping.
(d) 
Each residential oil or gas appliance, including but not limited to broilers, clothes dryers, coffee and tea urns, deep fryers, grills, ovens, radiant heaters, steam tables or kettles, log lighters and/or fireplaces: each fixture or device, $30.
(e) 
Each nonresidential oil or gas appliance, including but not limited to broilers, clothes dryers, coffee and tea urns, deep fryers, grills, ovens, radiant heaters, steam tables or kettles, log lighters and/or fireplaces: each fixture or device, $60.
(f) 
Backflow devices:
[1] 
Certificate issued only commercial quarterly testable backflow device shall be $260.
[2] 
Permit-required residential backflow devices for heating systems excluding sprinkler systems shall be $10.
[3] 
Permit-required commercial or nonresidential backflow devices: $85.
[4] 
Certificate issued only yearly testable backflow devices shall be $65.
(g) 
Swimming pool piping:
[1] 
Residential swimming pool piping, if it has a bottom suction inlet: $65.
[2] 
Nonresidential swimming pool suction piping: $100.
(h) 
Removal of any plumbing fixtures residential or commercial: $10 per item; capping off of water or sewer lines: residential, $60; nonresidential or commercial: $100.
(i) 
Testing of manholes: $100 per manhole if on private property.
(j) 
Connection to city water:
[1] 
Residential: $60.
[2] 
Industrial or commercial: $100.
(k) 
Lawn sprinklers.
[1] 
Underground lawn sprinkler system (residential): $40.
[2] 
Underground lawn sprinkler system (commercial): $75.
(l) 
Air conditioning.
[1] 
Central air conditioning (single-family): $40.
[2] 
Central air conditioning with heating (single-family): $80.
[3] 
Central air conditioning (industrial or commercial): $100.
[4] 
Central air conditioning with heating (commercial): $180.
(m) 
Sewer tie-ins.
[1] 
Sewer tie-in (residential): $65.
[2] 
Sewer tie-in (commercial): $200.
[3] 
Residential sewer tie-in with septic or holding tank removal or abandonment: $100.
[4] 
Commercial sewer tie-in with septic or holding tank removal or abandonment: $250.
(n) 
Underground tanks.
[1] 
Removal and installation of fuel oil piping up to and including 2,000 gallons: $65.
[2] 
Installation or removal of fuel oil piping over 2,000 gallons: $200.
(o) 
Gas piping, residential: $10 per outlet. Gas piping, commercial: $40 per outlet.
(4) 
The fee for a demolition or removal permit shall be: $96 for residential plus the current fees adopted by ordinance for plumbing, electric and fire; $184 for nonresidential plus the current fees adopted by ordinance for plumbing, electric and fire.
(5) 
The fee for a sign permit shall be:
(a) 
For a wall sign, $3 per square foot up to 100 square feet and anything above 100 square feet is $1.50 per square foot. A freestanding or pylon sign will be charged $6 for the first 100 square feet and anything above 100 square feet is $3 per square foot.
(6) 
The fees for asbestos hazard abatement shall be an administrative fee of $84. For each permit:
(a) 
An administrative fee of $84 for each certificate issued.
(b) 
Shall incorporate all rules and regulations listed for asbestos abatement as per N.J.A.C. 5:23-8.1.
(7) 
Elevator fees.
[Amended 5-5-2014 by Ord. No. 14-08]
(a) 
Elevator fees shall be as follows:
[1] 
Initial registration fee for each elevator device in any structure that is not of Group R-3, R-4, or that is not an exempted structure of Group R-2, shall be $100. A re-registration fee of $100 shall be required for each structure containing one or more elevator devices, upon change of ownership.
[2] 
The fees for plan review for elevator devices in structures of Group R-3, R-4, or R-5 and for elevator devices wholly within dwelling units in structures in Group R-2 shall be $92 for each device.
[3] 
The fees for plan review for elevator devices, in structures other than R-3, R-4, or R-5 and devices in structures of Group R-2 exempted above, shall be $480 for each device.
[4] 
The fee for registration of elevator devices shall be $100 and a re-registration fee will be due in the event of a change of ownership.
(b) 
The fees for witnessing acceptance tests and performing inspections on new and altered devices shall be as follows.
(c) 
Basic fees for elevator devices in structures not of Group R-3, R-4, or R-5 or in an exempted structure shall be as follows:
[1] 
Traction and winding drum elevators one to 10 floors: $448, and over 10 floors: $747.
[2] 
Hydraulic elevators: $398.
[3] 
Roped hydraulic elevators: $448.
[4] 
Escalators/moving walks: $398.
[5] 
Dumbwaiters: $99.
[6] 
Stairway chairlifts, inclined and vertical wheelchair lifts and man lifts: $99.
(d) 
Additional charges for devices equipped with the following features shall be as follows:
[1] 
Oil buffers, per unit: $79.
[2] 
Counterweight governor and safeties: $199.
[3] 
Auxiliary generator: $149.
(e) 
The fee for elevator devices in structures of Group R-3, R-4 or R-5 or otherwise exempt devices in structures in Group R-2 shall be $299. This fee shall be waived when signed statements and supporting inspection and an approved qualified agent or agency files acceptance test reports.
(f) 
The fee for performing minor inspections shall be $100.
(g) 
The fees for required routine and periodic tests for escalators in structures not of Group R-3, R-4, or R-5 or otherwise exempt in structures of Group R-2 shall be $211 for six-month routine inspection.
[Amended 8-7-2017 by Ord. No. 17-18]
(h) 
The fee for the one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be as follows:
[1] 
Traction and winding drum, one to 10 floors: $398; 10 floors or more: $478.
[2] 
Hydraulic elevators: $299.
[3] 
Roped hydraulic elevators: $398.
[4] 
Escalators/moving walks: $639.
[5] 
Dumbwaiters: $158.
[6] 
Man lifts, stairway chairlifts, inclined and vertical wheelchair lifts: $240.
(i) 
Additional yearly periodic inspection charges for elevators equipped with the following features shall be as follows:
[1] 
Oil buffers per item: $79.
[2] 
Counterweight governor and safeties: $158.
[3] 
Auxiliary power generator: $100.
(j) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
[1] 
Traction and winding drum elevators, one to 10 floors: $677; and 10 floors or more: $853.
[2] 
Hydraulic and roped hydraulic elevators, three-year inspection: $498; and five-year inspection: $299.
(k) 
The fee for any reinspection of an elevator device shall be set at $203 and shall be billed separately from the fees upon the issuance of a notice of violation necessitating a reinspection.
[Added 8-7-2017 by Ord. No. 17-18]
(8) 
The fire subcode fees shall be:
(a) 
Automatic sprinklers:
Number of Sprinkler Heads
Fee
1 to 20 heads
$120
21 to 100
$180
101 to 200
$300
201 to 400
$780
401 to 1,000
$1,020
Over 1,000
$1,440 plus fee for extra heads from above chart. Example: 1,125 heads equals $1,740 [$1,440 (over 1,000 heads) plus $300 (125 heads) equals $1,740]
(b) 
Standpipes, risers, FDCs, valves, dry pipe valves, pre-action, etc.: $240.
(c) 
Fire pumps: $300.
(d) 
Sprinkler alarms (up to five), backflow preventers, city or private water supply (pit): $120.
(e) 
Private, yard or wall hydrant: $180.
(f) 
Supply tank (up to 4,000 gallons): $300.
[1] 
Four thousand one to 10,000 gallons: $600.
[2] 
Above 10,000 gallons: $0.06 per gallon.
(g) 
Supply and/or underground piping: $100, plus $1 per foot over 100 feet (minimum $100).
(h) 
Special suppression systems:
[1] 
Clean agent (FM-200, Novec, etc.): $300.
[2] 
Wet/dry chemical (Ansul, etc.): $180.
[3] 
Fuel dispensing emergency cutoff: $120.
(i) 
Exhaust/ventilation:
[1] 
Residential hood exhaust system: $55.
[2] 
Commercial hood: $180.
[3] 
Commercial heat sensor: $120 (retrofit only to existing hood).
(j) 
Smoke control/evacuation system: $300.
(k) 
Generators residential fee is $60 and commercial fee is $150.
(l) 
Fire alarms:
[1] 
Residential system (up to 12 devices): $120 (plus $5 per additional device). (Replace/add up to two devices: $60.)
[2] 
Commercial systems (up to five devices): $120 (plus $5 per additional device).
(m) 
Fire alarm control panel: $120 (includes acceptance test).
(n) 
Controlled/delayed access egress door: $120.
(o) 
Acceptance test of any other devices: $120 (includes any device added to an existing F.A. system).
(NOTE: devices include any/all fire/smoke alarms, or detectors, supervisories and/or signal devices (smokes, heats, pulls, flows, tampers, low/high air, horn/strobes, bells, annunciators, etc.).
(p) 
Emergency, exit, egress lights: $120 for up to four devices plus $30 per additional device.
(q) 
Storage tanks (installation/removal of combustible, flammable or hazardous materials):
[1] 
Residential: $90.
[2] 
Commercial: $120.
(r) 
Appliances, gas, oil, solid fuel: $60.
(s) 
Fireplace: $60.
(t) 
Chimney liners: $60.
(u) 
Temporary trailers: $120.
(v) 
Incinerators: $460.
(w) 
Crematoriums: $460.
(x) 
Kiosks: $75.
(y) 
Temporary stores (no other work): $75.
(z) 
Demolition fees:
[1] 
Residential: $120.
[2] 
Commercial: $120 for structure, plus $120 for each of the following disciplines:
[a] 
Sprinkler (per floor or riser)/clean agent/kitchen or any alternative suppression system.
[b] 
Any system not listed.
[c] 
Fire alarm system.
[d] 
Any storage tanks (combustible/water/hazardous or other).
[e] 
For any system removal in a habitable building other than a residence, the fee shall be $120 per system.
(aa) 
Elevator recall, the fee is $120.
(bb) 
Variations.
Variation Fees
Resubmission Fees
Class 1 structure, $594
$229
Class 2 structure, $120
$65
Class 3 structure, $120
$65
(9) 
The fees for lead abatement shall be:
(a) 
The current fees as set by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:23-4.20 as adjusted downward to reflect the current third-party contracts and the fees contained therein posted in the Township Clerk's office and the Code Enforcement Office, plus an administrative cost of 46.5% of the current fee set by NJDCA (not the downward adjusted actual contract fee as set forth in the third-party contract between the Township and the third-party contracting entity) as authorized under N.J.A.C. 5:23-4.18(j) which permits "such amounts as may be sufficient to cover a proportionate share of administrative costs incurred by the local enforcing agency in connection with inspections performed by private agencies."
B. 
Substantial modification to the plan requiring plan re-review (resubmission) will be charged at the rate of $65 per hour per each subcode re-reviewed [as to § 62-3A(1), (2), (3), (7) and (8)].
C. 
For items not specifically addressed in the fee schedule, minimum permit fee will be $40 for residential permit and $85 for nonresidential [as to § 62-3A(1), (2), (3), (7) and (8)].
D. 
In accordance with N.J.A.C. 5:23-3.4, 5:23-3.11, 5:23-4.5, 5:23-5.2 through 5:23-5.5, 5:23-5.21, 5:23-5.22 and 5:23-5.25, the following fees shall be charged for replacement or installation of mechanical equipment, excluding electric, in existing R-3, R-4, and R-5 single-family dwellings. Mechanical equipment shall include but not be limited to heating equipment (hydronic or hot air), air conditioning, generators, and water heaters.
[Added 3-6-2017 by Ord. No. 17-04]
(1) 
Base mechanical equipment fee: $85.
(2) 
Additional fees in addition to base fee:
(a) 
Water heater: $25.
(b) 
Water heater with gas piping: $45.
(c) 
Tankless water heater: $85.
(d) 
Generator: $145.
(e) 
Boiler: $75.
(f) 
Boiler with gas piping: $125.
(g) 
Hot air furnace: $100.
(h) 
Hot air furnace with duct work: $140.
(i) 
Air conditioning: $40.
(j) 
Air conditioning with duct work: $80.
(k) 
Hot air furnace with air conditioning: $140.
(l) 
Hot air furnace with air conditioning and ductwork: $180.
(3) 
To the extent that this subsection conflicts with any other section of § 62-3 relating to replacement or installation of mechanical equipment in existing R-3, R-4, and R-5 single-family dwellings, exclusive of electric, this subsection shall govern.
[1]
Editor's Note: As to possible construction permit fee revisions and other fee schedules generally, consult Ch. 94, Fees.
[1]
Editor's Note: Former § 62-3.1, Mt. Laurel contributions, added 9-19-1985 by Ord. No. 85-28, was repealed 4-6-1992 by Ord. No. 92-9 and 1-14-1993 by Ord. No. 93-3. See now Art. II, Development Fees, of this chapter.
[Amended 7-18-2011 by Ord. No. 11-17]
Subject to the approval of the Mayor, the enforcing agency and the Board of Appeals may adopt rules for their internal regulation, not inconsistent with any specific provisions of law or regulation.
[Adopted 3-5-2026 by Ord. No. 26-01[1]]
[1]
Editor's Note: This ordinance also repealed former Article II, Development Fees, which consisted of §§ 62-5 through 62-17, adopted 1-14-1993 by Ord. No. 93-3 (originally adopted 4-6-1992 as Ord. No. 92-9, subject to review by the Council on Affordable Housing (COAH). Upon the completion of such review, these provisions were readopted as Ord. No. 93-3), as amended.
A. 
Purpose.
(1) 
This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.
B. 
Basic requirements.
(1) 
The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund.
(2) 
The municipality shall not spend development fees until the court has approved a plan for spending such fees.
C. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
(b) 
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential development.
(a) 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024 per P.L. 2024, c. 2, shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of this ordinance and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(d) 
No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.
D. 
Non-residential development fees.
(1) 
Imposition of fees.
(a) 
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
(b) 
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for non-residential development
(a) 
The non-residential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.
(b) 
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(3) 
Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(4) 
A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(5) 
If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.
E. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(2) 
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.
F. 
Appeal of development fees.
(1) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(2) 
A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024 per P.L. 2024, c. 2;
(b) 
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the municipal affordable housing program including but not limited to interest earned on fund deposits.
(3) 
The municipality shall provide the Division with written authorization, in the form of a triparty escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.
(4) 
Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:
(a) 
Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;
(b) 
Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;
(c) 
Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;
(d) 
Failure to submit accurate monitoring reports pursuant to this subchapter within the time limits imposed by the Act, this chapter, and/or the Division;
(e) 
Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law;
(f) 
Revocation of compliance certification or a judgment of compliance and repose;
(g) 
Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 7, and 8;
(h) 
Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.
(5) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.
(2) 
Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.
(3) 
At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very low-income households.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.
(b) 
Affordability assistance for very low income households may include producing very low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
(4) 
No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program including the costs to the municipality of resolving a challenge.
I. 
Monitoring.
(1) 
On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1st to December 31st through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024 statutory elimination per P.L. 2024, c. 4), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.
J. 
Ongoing collection of fees.
(1) 
The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of compliance certification or the good faith effort to obtain it.
(2) 
If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
K. 
Emergent affordable housing opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.