N.J. Admin. Code § 19:7-5.4
Current through Register Vol. 56, No. 11, June 3, 2024
Section 19:7-5.4 - Time of transportation development fee assessment(a) The applicant shall be required to pay a transportation development fee prior to the issuance of a zoning certificate by the NJMC. Zoning certificates shall not be issued without payment of the transportation development fee.(b) Payment for any fee shall be made as follows:1. The fee shall be paid either in a lump sum payment or in a series of annual payments with a payment schedule not exceeding 20 years.i. Annual payment plans are subject to a Payment Memorandum of Agreement (PMOA) between the property owner, applicant, and the NJMC.(1) The applicant shall record the PMOA in the county registrar's office. (A) Proof of county filing shall be submitted to the NJMC prior to zoning certificate approval.(B) County filing shall only be released upon completion of all remaining payments.ii. Annual payment plans shall include an interest rate equal to the U.S. Prime Rate plus one point or 100 basis points as determined at the close of business on the day prior to initializing the PMOA between the applicant and the NJMC.iii. The value of the annual payments shall be determined by the Annuity Formula, listed in Figure 5-2 below: | Figure 5-2 |
| Annuity Formula |
| A = F[i(1+i)<n>]/[((1+i)<n>)-1] |
| where: |
| A = Annual Payment |
| F = Transportation Development Fee |
| i = Interest Rate |
| n = Number of Years in Payment Plan |
iv. Annual payments are due yearly by the date of the original zoning certificate approval. (1) Payments not received in full by the date due shall be subject to a late payment charge as follows: (A) The late payment charge shall be equal to the daily interest on the value of the unpaid payment for the number of days the payment is late.(B) The interest rate shall be as specified in (b)1ii above.(2) Failure to make an annual payment within 30 days of receipt of a notice of late payment shall constitute a default and shall obligate the applicant and/or property owner to pay the balance of the transportation development fee in full.(3) Default in payment shall result in a lien being placed on the property by the NJMC as provided in this chapter.(4) Payments thereof shall be enforced within the same time and in the same manner and be the same proceedings as the payment of taxes is otherwise enforced under Title 54 of the Revised Statutes.(c) A transportation development fee shall be paid prior to zoning certificate approval as follows: 1. Any application that requires a revised zoning certificate after November 28, 2007 shall be subject to a Transportation Development Fee with the exception of signs, fences/gates, site improvements, tanks, antennae, transmission towers and associated utility structures, recycling and/or refuse areas, loading doors, compactor and concrete utility pads, fill/stockpile operations, salt storage areas, construction trailers, guard shacks, storage sheds with a floor area of less than 1,000 square feet, remediation activities, temporary uses, and external mechanical equipment.2. Any transportation development fee, assessed as per this subchapter, shall be adjusted upon the issuance of a revised zoning certificate.3. No credit shall be provided for any previously paid fees, except as provided for in 19:7-5.6.N.J. Admin. Code § 19:7-5.4
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (b)1, deleted "five-, 10-, or 20-year" preceding the second occurrence of "payment", and inserted "not exceeding 20 years"; and in (c)1, substituted "1,000" for "400".