Ordinance No. 06-09

Introduced: February 5, 2009
Public Hearing: March 5, 2009
Status: Adopted

An ordinance amending Section 15-91.2.A., Inspection Fees, of Article VII, Administration, Enforcement and Fees, of the Land Development Ordinance of the Township of Randolph to increase the inspection fee on site plans

WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq. (“MLUL”), grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and

WHEREAS, N.J.S.A. 40:55D-43(h) of the MLUL states that developers shall reimburse municipalities for all reasonable inspection fees and municipalities may require of developers a deposit for inspection fees in an amount not to exceed 5% of the cost of improvements on site plans and for subdivisions; and

WHEREAS, Section 15-91.2.A. of Article VII, Administration, Enforcement and Fees, of the Land Development Ordinance of the Township of Randolph states that there shall be an inspection fee of 2.5% of the estimated cost of improvements on site plans and an inspection fee of 5% of the estimated cost of the improvements for subdivisions; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Section 15-91.2.A., Inspection Fees, of Article VII, Administration, Enforcement and Fees, of the Land Development Ordinance of the Township of Randolph to increase the inspection fee on site plans to 5% of the estimated cost of improvements to be consistent with N.J.S.A. 40:55D-43(h) of the MLUL.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 15-91.2.A., Inspection Fees, of Article VII, Administration, Enforcement and Fees, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted and replaced by the following:

A. In addition to the fees set forth for the review of subdivision plans and site plans there shall also be an inspection fee of 5% of the estimated cost of improvements on site plans and for subdivisions as estimated by the Township Engineer and payable at the time of commencement of construction. This charge shall be for the purposes of defraying the costs of inspections of the installation of the improvements required by the Planning Board.

SECTION TWO. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION THREE. This Ordinance may be renumbered for codification purposes.

SECTION FOUR. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION FIVE. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Edward A. Metz, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 06-09

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 15-91.2.A., Inspection Fees, Of Article VII, Administration, Enforcement And Fees, Of The Land Development Ordinance of the Township of Randolph To Increase The Inspection Fee On Site Plans” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 5, 2009 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 5, 2009 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Section 15-91.2.A., Inspection Fees, of Article VII, Administration, Enforcement and Fees, of the Land Development Ordinance of the Township of Randolph to increase the inspection fee on site plans to 5% of the estimated cost of improvements to be consistent with N.J.S.A. 40:55D-43(h) of the MLUL, which states that developers shall reimburse municipalities for all reasonable inspection fees and municipalities may require of developers a deposit for inspection fees in an amount not to exceed 5% of the cost of improvements on site plans and for subdivisions.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey