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					                                  TOWNSHIP OF BYRAM
                                   COUNTY OF SUSSEX

                                ORDINANCE NO. 12 - 2009

AN ORDINANCE TO AMEND THE APPENDIX A; FEE SCHEDULE, TO THE CODE
                     OF BYRAM TOWNSHIP


Purpose Statement: The purpose of this Ordinance is to amend the Fee Schedule to
update changes in various fees with regard to OPRA, dog licenses, return check fees,
COAH, escrows for development, construction department fees, and sewer system fees.

NOW, THEREFORE, BE IT ORDAINED by the Byram Township Council that Appendix A;
Fee Schedule, is hereby amended as follows to the code of the Township of Byram:

§ 1. Appendix A, Chapter A287, Fees, is amended to the Code of the Township of Byram
as follows:

Appendix A, Chapter A287, Sections A287-2 through A287-8 shall be deleted and
replaced as amended with the following in its entirety:

§ A287-2. Planning Board fees.

A.       Planning Board fees shall be as follows:

Item                                            Fee                Code Location
N.J.S.A. 40:55D-70a Appeals                                     § 45-37A(1)(a)
     Residential                                $125
     Commercial                                 $125
     Industrial                                 $125
N.J.S.A. 40:55D-70b Interpretations                             § 45-37A(1)(a)
     Residential                                $325
     Commercial                                 $325
     Industrial                                 $325
N.J.S.A. 40:55D-70c Variances                                   § 45-37A(1)(a)
     Residential                                $150
     Commercial                                 $250
     Industrial                                 $250
N.J.S.A. 40:55D-70d Variances                                   § 45-37A(1)(a)




                                                                                       1
Item                                          Fee                       Code Location
    Residential                               $400
    Commercial                                $700
    Industrial                                $1,100
N.J.S.A. 40:55D-36 permits                                           § 45-37A(1)(a)
    Residential                               $125
    Commercial                                $325
    Industrial                                $325
N.J.S.A. 40:55D-76 permits                                           § 45-37A(1)(a)
    Residential                               $350
    Commercial                                $650
    Industrial                                $1,100
Additional escrow deposit if professional     $500
review is required
Escrow for new construction on a vacant lot   $1,000
Escrow Deposit for extension of variance      $150
approval
Preparation of certified list of adjacent     $0.25/name or $10,     § 45-37A(3)
property owners                               whichever is greater
                                                                     § 215-14
Escrow deposit for reviews under N.J.S.A.     $500                   § 45-37A(4)(a)
40:55D-70a, -70b, -70c, and -36
Escrow deposit for reviews under N.J.S.A.     $1,000                 § 45-37A(4)(a)
40:55D-70d and -76
Special Planning Board meeting fee            $1,000                 § 45-37A(5); § 215-
                                                                     16


Original submission of minor subdivision      $150                   § 45-37B
application
Each resubmission of a minor subdivision on   $75                    § 45-37B
original application or map which has
expired pursuant to N.J.S.A. 40:55D-47




2
Item                                              Fee                        Code Location
Preliminary plat, resubmission or substantial     $500, plus $100/lot     § 45-37B
amendment, provided that it encompasses the
same land as the original subdivision, and
provided that the resubmission is filed within
6 months of the disapproval of the original
submission
Final plat, original submission                   $250, plus $25/lot      § 45-37B
Final plat, resubmission or substantial           10% of original         § 45-37B
amendment, provided that it encompasses the       application, but not
same land as the original final submission,       less than $75
and provided that the resubmission is filed
within 3 years of preliminary approval
Initial submission of preliminary site plan       $1,000, plus $50/acre   § 45-37B
                                                  or part thereof
Amended site plan                                 $250, plus $25/acre     § 45-37B
                                                  or part thereof
Final site plan                                   $450                    § 45-37B
Minor site plan/site plan waiver                  $125
Extension of approval for site                    $75
plan/subdivision

B.       Subdivision and zoning fees.

         (1)      Subdivision and site plan review fees.

Item                                             Fee                      Code Location
Informal review of concept plan                  1/2 regular fee10        § 215-12
Obtaining a certificate or approval and/or       $10/lot                  § 215-13
release of a performance or maintenance
bond
Escrow deposits for residential
developments:
     1 unit                                      $500
     2 to 25 units                               $2,500
     26 to 100 units                             $4,500
     101 to 500 units                            $9,500
     501 to 1,000 units                          $17,000




                                                                                             3
Item                                         Fee                      Code Location
    1,000+ units                             $27,000
Escrow deposits for commercial/industrial
development not involving structures
    0 to 3 lots                              $2,000
    3 or more lots                           $4,000
Escrow deposits for commercial/industrial
development involving structures
    1,250 to 2,500 square feet               $1,000
    2,501 to 20,000 square feet              $2,000
    20,001+ square feet                      $3,500
    Each additional 20,000 square feet       $6,000
Residential development fee                  1-1/2% of equalized      § 215-62A
                                             assessed value for
                                             new residential
                                             development
Nonresidential development fee               2-1/2% of equalized      § 215-63A
                                             assessed value for
                                             nonresidential
                                             development
Floor area ratio variance                    6% of equalized          § 215-62B and § 215-
                                             assessed value for       63B
                                             development

        (2)       Zoning fees.

Item                                         Fee                      Code Location
Zoning permits:
    Zoning Permit                            $50                      § 240-71
    Review fee submitted with grading plan   $75                      § 240-11G(1)
    Resubmission of permit within 30 days    $75                      § 240-11G(1)
    of return of rejected grading plan6
    Escrow for inspections, professional     $1,000                   § 240-11G(2)
    fees or engineering work
VC Village Center concept review and         1/2 amount charged       § 140-80B(1)
escrow for concept review                    for formal application

§ A287-3. Animal control fees.



4
Animal control fees shall be as follows:

Item                                         Fee                   Code Location
Replacement of dog tag                       $1                  § 87-4G
Kennels:
    With 10 or fewer animals                 $50                 § 87-8E
    With 11 or more animals                  $100                § 87-8E
Pet shop                                     $50                 § 87-8E
Shelter or pound                             No fee              § 87-8E
Potentially dangerous dog license            $300                § 87-10F
License for spayed or neutered dog9          $12                 § 87-16A
Three year license for spayed or neutered dog $30
License for dog not spayed or neutered9      $151                § 87-16A
Three year license for dog not spayed or     $39
neutered
Late renewal of license9                     $5/dog/month        § 87-16B
Animal Control Authority Dog Pickup          $60                 § 87-16C
Animal Control Authority Cat Pickup          $60                 § 87-16C
24-hour boarding and care of impounded dog   $10/day             § 87-16D
24-hour boarding and care of impounded cat   $5/day              § 87-16D
Disposition of dog                           $120                § 87-16F
Disposition of cat                           $85                 § 87-16F

§ A287-4. Miscellaneous fees.

Miscellaneous fees shall be as follows:

Item                                         Fee                   Code Location
Alarm system registration                    $10/dwelling unit   § 80-3C
                                             $25 all others
                                             Maximum $50
Alcoholic beverages:
   Plenary retail alcohol consumption        $620                § 82-3A
   license



                                                                                   5
Item                                              Fee                      Code Location
    Plenary retail alcohol distribution license   $518                   § 82-3B
Amusement devices:
    Amusement or entertainment machines                                  § 85-4A(1)
    or devices
        First machine                             $25
        Each additional machine                   $2
    Pool or billiard table not operated by coin $25/table                § 85-4A(2)
    or slug
Returned check                                    $20/transaction        §§ 87-16H; 107-2
Private campground license                        $500, plus $1.25 per   §§ 104-1 and 104-2
                                                  site per year
Junkyards:
    Annual license                                $200/year              § 156-5
    Escrow                                        $750                   § 156-5
Quarries:
    Basic application fee                         $500                   § 189-8A
    Escrow fee for quarries                       $5,000                 § 189-8B
Licensing:
    Transfer license from one place to            $25                    § 164-7
    another (upon approval by resolution of
    the Township Council)
    License for foot peddler                      $25/year               § 164-13
    License for peddler from vehicle              $50/year               § 164-13
    Solicitor's or canvasser's license (only      $50/year               § 164-24
    for-profit organizations)
    Charitable and philanthropic solicitation     No fee                 § 164-34
    permit
Public records:
    Copies of printed materials (up to 11         $.010/page             § 187-1
    inches by 17 inches in size)
    Certified copy of vital statistics            $10
    Maps and plans                                                       § 187-2
        24 inches x 36 inches                     Cost incurred from
                                                  outside vendor



6
Item                                            Fee                    Code Location
        Larger than 24 inches x 36 inches       Cost incurred from
                                                outside vendor
        Color copies, 8.5 x 11 (single-sided)   $.50/page            § 187-2
        Color copies, 11 x 17 (single-sided)    $.75/page            § 187-2
    Special service charge for voluminous       Employee hourly      § 187-3A
    requests for every hour or part of          wage will apply
    exceeding three hours of labor to
    complete the request
    Copies of Zoning Ordinance                  $30
    Printed Master Plan                         $40
    Requests for documents/audio recordings     $.50/CD
on CD
    Zoning Map, large color                     $10
    Street Map, large                           $10
Road vacations:
    Escrow                                      $1,000
Application                                     $100
Seasonal sale permit                            $25/occasion         § 195-6
Taxicabs:
    Taxicab owner's license                                          § 222-4G
        Initial license                         $100
        Annual renewal                          $50
    Taxicab driver's license
        Initial license                         $25                  § 222-5A(2)
        Annual renewal                          $20                  § 222-5D


§ A287-5. Municipal Court fees.

Municipal Court fees shall be as follows:

Item                                            Fee                    Code Location




                                                                                       7
Item                                                Fee                        Code Location
Application for representation by Municipal         Amount necessary to     § 53-1
Public Defender8                                    pay costs of services
                                                    or $200, whichever is
                                                    less


§ A287-6. Construction Department fees.

A.        Moving of buildings fees.

Item                                                Fee                        Code Location
Bond for removal of building or structure           $5,0002                 § 99-3
Removal of building or structure from one lot       $15/$1,000 estimated    § 99-4
to another or to a new location on same lot         cost; minimum fee of
                                                    $65

B.        Uniform Construction Code fees.

(1)       Basic construction fee.

Item                                                Fee                        Code Location
Minimum fee                                         $65                     § 112-3B
Surcharge to provide for required training,         As set forth in         § 112-3C
certification and technical support programs        N.J.A.C. 5:23-4.19(b)
New construction:
      Buildings and structures of all use groups    $0.027/cubic foot       § 112-3D(1)
      and types as classified in Articles 3 and 4
      of the Building Subcode
      Use Groups A-1, A-2, A-3, A-4, F-1, F-        $0.020/cubic foot       § 112-3D(1)
      2, S-1, and S-2
      Structures on farms, including                $0.020/cubic foot       § 112-3D(1)
      commercial farm buildings under
      N.J.A.C. 5:23-3.2(d), used exclusively
      for storage of food or grain, or sheltering
      of livestock
      Additions                                     Computed for the        § 112-3D(2)
                                                    added portion on
                                                    same basis as for new
                                                    construction




8
Item                                             Fee                      Code Location
      Alterations (based on estimated cost of
      work):
          Not exceeding $100,000                 $24/$1,000 estimated   § 112-3D(3)
                                                 cost
          Above $100,000                         $20/$1,000 estimated   § 112-3D(3)
                                                 cost
      Combined renovations and additions         Sum of fees            § 112-3D(4)
                                                 computed separately
                                                 for additions and
                                                 alterations
Tank abandonment in place or tank removal        $75                    § 112-3D(5)
Inground pool and required fence                 $300                   § 112-3D(6)
Aboveground pool                                 $125                   § 112-3D(7)

(2)       Plumbing fixtures and equipment.

Item                                             Fee                       Code Location
Installation or replacement of plumbing          $15/fixture            § 112-3E(2)(a)
fixtures
Installation or replacement of plumbing          $75/appurtenance or    § 112-3E(2)(b)
appurtenance or special device                   device
      Cross-connections and backflow             $75/device3            § 112-3E(2)(b)[1]
      preventers subject to testing
      Annual test of cross-connections and       $75                    § 112-3E(2)(b)[2]
      backflow preventers
Installation or replacement of plumbing          $35                    § 112-3E(2)(c)
appliance
      Installation or replacement of             $15                    § 112-3E(2)(c)
      dishwashers, ice makers and instant hot
      water coils when installed in Use Groups
      R-3 and R-4, new construction, or a
      complete renovation
Installation of house or building sewer and/or   $75                    § 112-3E(2)(d)
water service pipe
Installation of lawn sprinkler system            $5/sprinkler head      § 112-3E(2)(e)
Installation or replacement of subsoil drains    $75/drain              § 112-3E(2)(f)




                                                                                            9
Item                                              Fee                       Code Location
Removal or abandonment in place of sewage         $75                    § 112-3E(2)(g)
disposal system or septic tank
Installation or replacement of roof drains        $75                    § 112-3E(2)(h)
and/or area drains
Gas line piping                                   $15/gas appliance      § 112-3E(2)(i)
                                                  connection
Installation or replacement of oil lines and/or   $75                    § 112-3E(2)(j)
oil tank piping
Radon mitigation, lead abatement, or              $24/$1,000 estimated   § 112-3E(2)(k)
asbestos abatement                                cost

(3)       Electrical fixtures and devices.

Item                                              Fee                      Code Location
Receptacles or fixtures:
      1 to 50                                     $65                    § 112-3F(1)
      Each additional 25                          $15                    § 112-3F(1)
Motor or electric device:
      1 hp to 10 hp                               $20                    § 112-3F(1)
      Greater than 10 hp to 50 hp                 $60                    § 112-3F(1)
      50 hp to 100 hp                             $120                   § 112-3F(1)
      Greater than 100 hp                         $560                   § 112-3F(1)
Transformers and generators:
      1 kw to 10 kw                               $20                    § 112-3F(1)
      Greater than 10 kw to 45 kw                 $60                    § 112-3F(1)
      45 kw to 112.5 kw                           $120                   § 112-3F(1)
      Greater than 112.5 kw                       $560                   § 112-3F(1)
Service panel, service entrance or subpanel:
      Less than or equal to 200 amperes           $92                    § 112-3F(1)
      Greater than 200 amperes to 1,000           $120                   § 112-3F(1)
      amperes
      Greater than 1,000 amperes                  $560                   § 112-3F(1)
Annual Pool Inspection                            $65




10
(4)       Fire protection and other hazardous equipment.

Item                                                Fee            Code Location
Sprinklers and detectors (smoke and heat):
      20 or fewer heads or detectors                $95         § 112-3G(1)
      21 to 100 heads or detectors                  $165        § 112-3G(1)
      101 to 200 heads or detectors                 $265        § 112-3G(1)
      201 to 400 heads or detectors                 $670        § 112-3G(1)
      401 to 1,000 heads or detectors               $950        § 112-3G(1)
Standpipe                                           $300 each   § 112-3G(2)
Preengineered system                                $295 each   § 112-3G(3)
Gas- or oil-fired appliance not connected to        $65 each    § 112-3G(4)
plumbing system
Kitchen exhaust system                              $75 each    § 112-3G(5)
Incinerator                                         $600 each   § 112-3G(6)
Crematorium                                         $600 each   § 112-3G(7)

(5)       Elevator devices.

Item                                                Fee            Code Location
Installation of a new elevator                      $300        § 112-3H(4)
Witnessing acceptance tests and performing
inspections:
      Traction and winding drum elevators:                      § 112-3H(4)(a)[1]
          1 to 10 floors                            $243
          Over 10 floors                            $405
      Hydraulic elevators                           $216        § 112-3H(4)(a)[2]
      Roped hydraulic elevators                     $243        § 112-3H(4)(a)[3]
      Escalators, moving walks                      $216        § 112-3H(4)(a)[4]
      Dumbwaiters                                   $54         § 112-3H(4)(a)[5]
      Stairway chair lifts, inclined and vertical   $54         § 112-3H(4)(a)[6]
      wheelchair and man lifts
Additional charges for the following features:
      Oil buffers                                   $43 each    § 112-3H(5)(a)




                                                                                    11
Item                                               Fee       Code Location
     Counterweight governor and safeties           $108   § 112-3H(5)(b)
     Auxiliary power generator                     $81    § 112-3H(5)(c)
Elevators in Use Group R-3 or R-4 or exempt        $162   § 112-3H(6)
R-24
Witnessing acceptance test and performing          $54    § 112-3H(7)
inspections of alterations
Tests and inspections for devices not in Use
Group R-3 or R-4 or otherwise exempt R-2
structures:
     Six-month inspections:
         Traction and winding drum elevators              § 112-3H(8)(a)[1]
             1 to 10 floors                        $151
             Over 10 floors                        $194
         Hydraulic elevators                       $108   § 112-3H(8)(a)[2]
         Roped hydraulic elevators                 $151   § 112-3H(8)(a)[3]
         Escalators or moving walks                $151   § 112-3H(8)(a)[4]
     One-year inspections:
         Traction and winding drum                        § 112-3H(8)(b)[1]
         elevators:
             1 to 10 floors                        $216
             Over 10 floors                        $259
         Hydraulic elevators                       $162   § 112-3H(8)(b)[2]
         Roped hydraulic elevators                 $216   § 112-3H(8)(b)[3]
         Escalators, and moving walks              $346   § 112-3H(8)(b)[4]
         Dumbwaiters                               $86    § 112-3H(8)(b)[5]
         Stairway chair lifts, inclined vertical   $130   § 112-3H(8)(b)[6]
         wheelchair and man lifts
     Additional annual charges for the
     following features:
         Oil buffers                               $43    § 112-3H(8)(c)[1]
         Counterweight governor and safeties       $86    § 112-3H(8)(c)[2]
         Auxiliary power generator                 $54    § 112-3H(8)(c)[3]
     Three-year or five-year inspections:



12
Item                                              Fee                       Code Location
          Traction and winding drum elevators                            § 112-3H(8)(d)[1]
              1 to 10 floors                      $367
              Over 10 floors                      $410
          Hydraulic elevators
              3-year inspection                   $270                   § 112-3H(8)(d)[2]
              5-year inspection                   $162                   § 112-3H(8)(d)[4]
          Roped hydraulic elevators
              3-year inspection                   $270                   § 112-3H(8)(d)[3]
              5-year inspection                   $162                   § 112-3H(8)(d)[5]

(6)       Certificates and other permits.

Item                                              Fee                       Code Location
Demolition permits:
      Demolition of structure less than 5,000     $75                    § 112-3I(1)
      square feet in area and 30 feet in height
      Demolition of one- or two-family            $75                    § 112-3I(1)
      residences and structures on farms,
      including commercial farm buildings
      under N.J.A.C. 5:23-3.2(d), used
      exclusively for storage of food or grain,
      or sheltering of livestock
      Demolition of structures in all other       $120/story             § 112-3I(1)
      groups
Permit to construct a sign                        $24/$1,000 estimated   § 112-3I(2)
                                                  cost
Certificates of occupancy:
      In general                                  10% of cost of new     § 112-3I(3)
                                                  construction permit
                                                  fee; minimum fee of
                                                  $120




                                                                                             13
Item                                               Fee                      Code Location
     One- or two-family structures less than       10% of cost of new    § 112-3I(3)
     5,000 square height in area and 30 feet in    construction permit
     height, and structures on farms, including    fee; minimum fee of
     commercial farm buildings subject to          $120
     N.J.A.C. 5:23-3.2(d), used exclusively
     for storage of food or grain, or sheltering
     of livestock
     Certificate granted pursuant to a change      $120                  § 112-3I(4)
     of use group
     Certificate of continued occupancy            $40                   § 113-7
     Temporary certificate of occupancy or         No fee
     certificate of approval
     Extension of Temporary certificate of         $65
     occupancy or certificate of approval
Certificate of compliance for new elevator         $85                   § 112-3I(7)
device
Review of building for compliance under                                  § 112-3I(8)
alternate systems and nondepletable energy
source provisions of Energy Subcode
     One- and two-family homes and for light       $200
     commercial structures having the indoor
     temperature controlled from a single
     point
     All other buildings                           $500
Application for a variation in accordance                                § 112-3I(9)
with N.J.A.C. 5:23-2.10
     Class 1 structures                            $200
     Class 2 and 3 structures                      $200
Resubmission of application for variation in                             § 112-3I(9)
accordance with N.J.A.C. 5:23-2.10
     Class 1 structures                            $200
     Class 2 and 3 structures                      $200
Annual construction permit based on number                               § 112-3I(10)(a)
of maintenance workers:
     1 to 25 workers (including foreman)           $425
     Each additional worker over 25                $165
Annual training registration                       $140/subcode          § 112-3I(10)(b)



14
Item                                             Fee                        Code Location
Certificate of smoke detector and carbon         $35
monoxide alarm compliance
Each additional inspection of smoke detector     $35
and carbon monoxide alarm compliance

(7)       Other Construction Department fees.

Item                                            Fee                      Code Location
Excavation permit                               $50, plus $10/hole       § 125-2C
Uniform Fire Code permit fees:                                           § 133-9
      Type 1                                    $25
      Type 2                                    $100
      Type 3                                    $200
      Type 4                                    $300
      Type 5                                    $1,000
Dredging permit                                 $0.01/estimated cubic    § 160-7
                                                yard of material to be
                                                removed; minimum
                                                fee of $100
Sewers                                          See § A287-9 below.
Soil removal:
      Soil removal application                  $100, plus $1/1,000      § 208-5
                                                yards or part thereof
                                                over 100,000 yards;
                                                maximum $1,0005
      Soil excavation inspections               Cost; maximum $507       § 208-10
Street excavation permit                        $50                      § 213-5
Driveway permit                                 $25 (nonrefundable)      § 213-12
Winter maintenance for streets in                                        § 213-35A
developments prior to acceptance by
Township
      Plowing                                   $1.00/running foot of
                                                street
      Each application of salt and/or sand      $1.00/running foot of
                                                street




                                                                                            15
§ A287-7. Police Department fees.

Police Department fees shall be as follows:

Item                                           Fee                        Code Location
Firearms initial cards                         $60.25
Firearms ID cards                              $5
Pistol purchase permits                        $2
Duplicate card (only if initial card was       $18
not issued by Byram Township)
Audiocassettes                                 Prevailing cost to
                                               Township
Reimbursement for services rendered by         Cost of services,          § 169-3
police, fire, or EMS services in response      including minimum
to leak or spill of hazardous material         response fee of $250


§ A287-8. Sewer system fees.

Sewer system fees shall be as follows:

Item                                                Fee                             Code Location
Application for Class A (residential) permit        $50                       § 201-5A
Application for Class B (commercial and             $100                      § 201-5A
industrial) permit
Required escrow for professional services           Minimum $500;             § 201-5B(10)
for Class B users                                   maximum $2,500
Connection permits for sewers (Class A)             $50                       § 201-17C
Connection permits for sewers (Class B)             $100                      § 201-17C
Grease interceptors:
     Class B users' license to construct and        $300, plus $500           § 201-56D(1)(c)
     operate a grease interceptor                   escrow deposit
Restoration fee for sewers                          $100, plus costs of       §§ 201-56G; 201-79
                                                    enforcement
Permit and inspection fee for users                 $50                       § 201-59B
requesting permission to alter or repair
public sewers (Class A or B)
Escrow fee for professional service fees            $2,500                    § 201-66D



16
Item                                            Fee                           Code Location
Closing of a sewer line or lateral to a         Cost plus 10%             § 201-85
building
Permit to reopen any sewer line or lateral to   $50, plus the actual      § 201-86
a building (Class A)                            costs incurred by the
                                                Township in the
                                                reopening of the line,
                                                and an additional 10%
                                                to cover
                                                administrative costs
Permit to reopen any sewer line or lateral to   $100, plus the actual     § 201-86
a building (Class B)                            costs incurred by the
                                                Township in the
                                                reopening of the line,
                                                and an additional 10%
                                                to cover
                                                administrative costs
Sewer user charges and maintenance fees
    Per EDU (commencing January 1,              $303.75                   § 201-76F
    2006)
    Class B units                                                         § 201-76G
        Single EDU                              Rate established in
                                                § 201-76F
        Multiple EDUs                           Rate established in
                                                § 201-76F multiplied
                                                by the total number of
                                                allocated EDUs
Sewer connection fee                            See § 201-81              § 201-81B
Fee for reopening line or lateral (Class A)     $50                       § 201-86
Fee for reopening line or lateral (Class B)     $100                      § 201-87

Severability.

If any part of this Ordinance is for any reason held to be invalid such decision shall not affect
the validity of the remaining portion of the Ordinance. Any Ordinance or portions thereof that
may be inconsistent with the ordinance is hereby repealed to the extent of the inconsistency.




                                                                                                17
Effective date.

This Ordinance shall take effect in the time and manner prescribed by law.


                                              BYRAM TOWNSHIP COUNCIL

Introduced: July 6, 2009        on
                                                            Adopted: July 20, 2009




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Motion
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Yes
No
Abstain
Absent




______                                                                          ________________________
DORIS FLYNN, TOWNSHIP CLERK                                                     JAMES OSCOVITCH, MAYOR


                                                        NOTICE

        NOTICE is hereby given that the above titled Ordinance was introduced
and passed on first reading at a meeting of the Township Council of the
Township of Byram, held at the Byram Township Municipal Building, Mansfield
Drive, Byram Township, New Jersey, on the 6th day of July 2009. The said
ordinance was further considered for final adoption at a meeting of the
Township Council of the Township of Byram, held at the Byram Municipal
Building, Mansfield Drive, Byram Township, New Jersey, on the 20th day of
July 2009 at 7:30 p.m. at which time all persons were given the opportunity to
be heard concerning said ordinance, and it was finally passed and adopted and
will be in full force in the Township according to law.

BY ORDER OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF BYRAM

DORIS FLYNN, TOWNSHIP CLERK




18
Notes:

1        Amount of fee forwarded to state: $1.20.
2        At least 10% of the bond shall be in cash or a certified check.
3        Testing is required every three months.
4        Fee shall be waived when signed statements and supportive inspection and acceptance
         test reports are filed by an approved qualified agent or agency in accordance with
         N.J.A.C. 5:23-2.19 and 5:23-2.20.
5        No fee shall be required where the proposed removal application shall be for less than
         500 cubic yards.
6        If the resubmission is made after more than 30 days, a new fee will be required.
7        The permittee shall also be responsible for the reasonable cost of reinspections required
         because of violations found in the course of regular inspections.
8        The Municipal Court may waive all or part of the application fee only if the applicant
         demonstrates, by clear and convincing proof, that the application fee represents an
         unreasonable burden on the applicant. The Municipal Court may permit the applicant
         to pay the application fee over a specific period of time not to exceed four months.
9        The owner or keeper of a "Seeing Eye" dog, service dog or hearing ear dog shall not be
         required to pay this fee.
10       In the event that the applicant shall, within six months thereafter, prepare and submit a
         formal application for development, the applicant shall receive full credit for all fees
         paid in connection with such informal review of a concept plan, which credit shall be
         applied against the base application fee due thereafter and payable upon the filing of
         such formal application.


§ A287-9. Recreation fees.

Recreation fees are to be established by annual resolution of the Township Council.




§ 2. Code amendments.

The following sections of the Township of Byram Code are amended as follows:

     1. Chapter 45, Planning Board, § 45-37, is amended as follows:

             a. Subsection A(1)(a) is amended to read as follows:

                 (a) Base application fees shall be payable to the Township of Byram for
                     applications to the Planning Board as hereinafter provided. Such payment
                     shall be made to the administrative officer with whom the application for
                     development or other application is filed at the time of filing of such
                     application. The fees shall be as set forth in Chapter A287, Fees.



                                                                                               19
            b. Subsection A(3) is amended to read as follows:

                 (3) Certified list of adjacent property owners. The fee for preparation of a
                     certified list of adjacent property owners, prepared pursuant to N.J.S.A.
                     40:55D-12c, shall be as set forth in Chapter A287, Fees.

            c. Subsection A(4)(a) is amended to read as follows:

                 (a) The initial deposit to be paid by an applicant for said review fee escrow
                     deposit for reviews under N.J.S.A. 40:55D-70a, 40:55D-70b, 40:55D-70c,
                     40:55D-36 and 40:55D-76 and for review of applications pursuant to
                     N.J.S.A. 40:55D-70d shall be as set forth in Chapter A287, Fees.

            d. Subsection A(5) is amended to read as follows:

                 (5) If requested by the applicant, in writing, special meetings of the Planning
                     Board may be held in the Byram Township Municipal Building or at such
                     other place within the Township as may be fixed by the Board upon such
                     date and at such hour as may be determined by the Board upon the
                     payment of a special meeting fee as set forth in Chapter A287, Fees, which
                     fee shall accompany the request for such special meeting. Such special
                     meeting fee shall be in addition to such base application fee or
                     supplemental base application fee and review fee escrow deposit which
                     may be otherwise applicable. The applicant will also be obliged to
                     indemnify and reimburse the Board from its review fee trust account for
                     the cost of publication of any required special notice and any other
                     reasonable costs which may be incurred by the Board with respect to such
                     special meeting, including the attendance fees for any required staff
                     professionals or consultants. Whether or not a special meeting shall be held
                     at the request of an applicant shall be within the sole discretion of the
                     Board.

            e. Subsection A(7) is amended to read as follows:

                 (7) Zoning permits. The fee for the issuance of a zoning permit shall be as set
                     forth in Chapter A287, Fees.

            f.   Subsection B is amended to read as follows:

                 B. Planning Board fees. All subdivision fees and fees for site plan application
                    are as set forth in Chapter A287, Fees.

     2. Chapter 45 Schedules A and B are deleted.

     3. Chapter 53, § 53-1, is amended to read as follows:

        § 53-1. Payment required.



20
   Any person applying for representation by the Municipal Public Defender of the
   Township of Byram shall pay an application fee as set forth in Chapter A287, Fees.

4. Chapter 80, § 80-3C is amended to read as follows:

   C. A registration fee as set forth in Chapter A287, Fees, shall be due and payable to
      the Township Clerk for dwelling units and for all applicants other than dwelling
      unit applicants at the time the registration form is completed. If two separate
      systems or a single system with two separate functions is involved, then separate
      fees shall be required for each such system or function, which fee in no instance
      shall exceed the fee set forth in Chapter A287, Fees.




                                                                                           21
     5. Chapter 82, § 82-3, is amended to read as follows:

        Fees for plenary retail consumption licenses and plenary retail distribution licenses
        shall be as set forth in Chapter A287, Fees.

     6. Chapter 85, § 85-4A, is amended to read as follows:

        A. Owner-operators and operators shall pay annual licensing fees to the Township of
           Byram as set forth in Chapter A287, Fees, for the following:
           (1) Amusement or entertainment machines or devices, except pool or billiard
               tables not operated by the insertion of a coin, slug, token, plate, disc or key,
               owned by the owner-operator or leased by the operator.
           (2) Pool or billiard tables not operated by the insertion of a coin, slug, token, disc
               or key.

     7. Chapter 87, Animals, is amended as follows:
           a. Section 87-4G is amended to read as follows:

                G. If a registration tag or sleeve is misplaced or lost, a duplicate may be
                   obtained for a fee as set forth in Chapter A287, Fees.

            b. Section 87-8E is amended to read as follows:

                E. License fees. The annual license fees for kennel and pet shop licenses shall
                   be as set forth in Chapter A287, Fees.

            c. Section 87-10F is amended to read as follows:

                F. The dog owner shall pay a fee as set forth in Chapter A287, Fees, for the
                   potentially dangerous dog license and each annual renewal thereof.

            d. Section 87-16 Subsections A through F are amended to read as follows:

                A. Dog license fee. Any person who applies for a new or renewal license shall
                   pay an annual fee as set forth in Chapter A287, Fees. The license shall be
                   valid only for the animal and owner for which it is issued; licenses are not
                   transferable.
                B. Late renewal fee. All dog licenses shall be renewed during April of each
                   year. Renewals which are not applied for within the month of April shall be
                   charged an additional late fee as set forth in Chapter A287, Fees,
                   commencing May 1 of each year. Dogs licensed for the first time in Byram
                   Township after May 1 shall not be subject to a late renewal fee.
                C. Pickup fee. When the Animal Control Authority picks up an animal that
                   has run loose, the owner shall pay a pickup fee as set forth in Chapter
                   A287, Fees, in addition to any other costs or fines which may be imposed.
                D. Boarding fee. A fee as set forth in Chapter A287, Fees, shall be paid for
                   boarding and maintenance for each twenty-four-hour period, or part
                   thereof, during which an animal is impounded.



22
           E. Medical services. The owner shall pay the cost of all medical services
              rendered to a seized/impounded animal at the rates established and
              customarily charged by the veterinarian/hospital.
           F. Euthanasia and disposal fee. A fee shall be paid for euthanasia and
              disposition of an animal as set forth in Chapter A287, Fees.

       e. Section 87-16H shall is amended to read as follows:

           H. Returned check fee. A fee as set forth in Chapter A287, Fees, shall be paid
              for each check returned for insufficient funds.

8. Chapter 99, Moving of Buildings, shall be amended as follows:
      a. Section 99-3 is amended to read as follows:

           § 99-3. Bond required.
           The applicant shall file with the Office of Planning and Development a bond, at
           least 10% of which shall be in cash or certified check, in amount as set forth in
           Chapter A287, Fees, with sureties satisfactory to the Office of Planning and
           Development, conditioned for the payment of any damage or injury to the trees,
           streets or other Township property along the designated route and for the
           replacement of any trees or other Township property destroyed by the moving.

       b. Section 99-4 is amended to read as follows:

           § 99-4. Fees.
           The fee for a permit for the removal of a building or structure from one lot to
           another or to a new location on the same lot shall be as set forth in Chapter
           A287, Fees. The building shall be placed on its foundation within eight months
           of the date of the permit or the permit shall expire.

9. Chapter 104, §§ 104-1 and 104-2 are amended to read as follows:

   § 104-1. License required; fee.
   No person shall operate a private campground as defined in Chapter 11 of the State
   Sanitary Code without first having obtained a license therefor, which shall be effective
   for the period April 1 to November 1 and shall bear a license fee as set forth in Chapter
   A287, Fees.

   § 104-2. Fee per site.
   In addition to the fee provided for the above, the owner of the land upon which a
   private campground is operated shall pay to the Township Clerk a fee per site as set
   forth in Chapter A287, Fees. The aggregate license and fee per site shall be paid to the
   Township Clerk at the time of issuance of the annual license.




                                                                                          23
     10. Chapter 107, § 107-2, is amended to read as follows:

         § 107-2. Service charge; payment required prior to further transactions.
         Whenever a check payable to any account of the Township of Byram is returned for
         insufficient funds, a service charge as set forth in Chapter A287, Fees, shall be added to
         the account. The service charge shall be paid and credited before any other payment on
         the account is accepted and credited.

     11. Chapter 112, § 112-3, is amended to read as follows:

         § 112-3. Fees.
         Fees as set forth in Chapter A287, Fees, shall apply as follows:
         A. The fee for plan review shall be 20% of the amount to be charged for a new
             construction permit.
         B. There shall be a minimum fee for a basic construction permit covering any or all of
             building, plumbing, electrical or fire protection work.
         C. In order to provide for the training and certification and technical support programs
             required by the act, the enforcing agency shall collect a surcharge fee to be based
             upon the volume of new construction or the value of construction for other types of
             construction within the municipality. Said fee shall be accounted for and forwarded
             to the Bureau of Housing Inspection. This fee shall be in the amount as set forth in
             N.J.A.C. 5:23-4.19(b). For the purpose of calculating this fee, volume shall be
             computed in accordance with N.J.A.C. 5:23-2.28.
         D. The basic construction fee shall be the sum of the parts computed on the basis of
             the volume or cost of construction, the number of plumbing fixtures and pieces of
             equipment, the number of electrical fixtures and devices, the number of sprinklers,
             standpipes and detectors (smoke and heat), at the unit rates provided herein plus
             any special fees.
             (1) Fees for new construction shall be based upon the volume of the structure,
                  which shall be computed in accordance with N.J.A.C. 5:23-2.28 for the
                  following:
                  (a) Buildings and structures of all use groups and types of construction as
                       classified and defined in Articles 3 and 4 of the building subcode.
                  (b) Use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2.
                  (c) Structures on farms, including commercial farm buildings under N.J.A.C.
                       5:23-3.2(d), used exclusively for the storage of food or grain, or the
                       sheltering of livestock.
             (2) Fees for additions shall be computed on the same basis as for new construction
                  for the added portion as set forth in Subsection D(1) above.
             (3) Fees for renovations, alterations and repairs shall be based upon the estimated
                  cost of the work. For the purpose of determining estimated cost, the applicant
                  shall submit to the Construction Official such cost data as may be available
                  produced by the architect or engineer of record, or by a recognized estimating
                  firm or by the contractor. A bona fide contractor's bid, if available, shall be
                  submitted. The Construction Official shall make the final decision regarding
                  estimated cost.




24
   (4) Fees for combination renovations and additions shall be computed as the sum
       of the fees computed separately in accordance with Subsection D(2) and (3)
       above.
   (5) Tank abandonment in place or tank removal.
   (6) Inground pools and required fence.
   (7) Aboveground pools.
E. Plumbing fixtures and equipment.
   (1) Definitions.
       (a) For the purpose of computing fees, plumbing fixtures shall include but not
            be limited to stacks, lavatories, kitchen sinks, slop sinks, sinks, urinals,
            water closets, bathtubs, shower stalls, laundry tubs, floor drains, washing
            machine connections, hose bibs and similar fixtures.
       (b) Plumbing appurtenances shall include but not be limited to devices, a
            manufactured device, or an on-the-job assembly of component parts, which
            is an adjunct to the basic piping system and plumbing fixtures, pressure-
            reducing valves, backflow prevention devices, backwater valves, vacuum
            breakers, grease traps, interceptors and similar devices.
       (c) Plumbing appliances shall include but not be limited to hot water boilers,
            hot water heaters, tankless heaters, heat exchangers, water storage tanks,
            solar panels, water pressure booster systems, sump pumps, dishwashers, ice
            makers, instant hot water coils, sewerage ejectors, garbage disposal units,
            sterilizers, aspirators, water-cooled air-conditioning units, water
            conditioners and similar equipment.
   (2) Fees. Fees shall be established for the following:
       (a) Installation or the replacement of a plumbing fixture.
       (b) Installation or replacement of a plumbing appurtenance and/or special
            device and for backflow preventers that do not require ongoing inspections,
            including:
            [1] Cross connections and backflow preventers that are subject to testing,
                 requiring re-inspection every three months; and
            [2] Fees when devices are broken down and tested (once annually).
       (c) Installation or replacement of a plumbing appliance and, when installed in
            Use Group R-3 and R-4 in new construction or a complete renovation that
            is not considered an ordinary repair, for dishwashers, ice makers and
            instant hot water coils.
       (d) Installation of a house or building sewer and/or a water service pipe.
       (e) Installation of a lawn sprinkler system.
       (f) Installation or replacement of subsoil drains.
       (g) Removal or abandonment in place of a sewage disposal system and/or
            septic tank.
       (h) Installation or replacement of roof drains and/or area drains.
       (i) Gas line piping.
       (j) Installation or replacement of oil lines and/or oil tank piping.
       (k) Radon mitigation, lead abatement or asbestos abatement.
F. Electrical fixtures and devices.
   (1) Fees shall be established for the following:
       (a) Receptacles or fixtures. For the purpose of computing this fee, receptacles
            or fixtures shall include lighting outlets, wall switches, fluorescent fixtures,



                                                                                         25
                 convenience receptacles or similar fixture, and motors or devices of less
                 than one horsepower or one kilowatt.
            (b) Motors or electric devices.
            (c) Service panels, service entrances or subpanels.
            (d) Transformers and generators greater than 45 kilowatts and less than or
                 equal to 112.5 kilowatts.
        (2) For the purpose of computing these fees, all motors except those in plug-in
            appliances shall be counted, including control equipment, generators,
            transformers and all heating, cooking or other devices consuming or generating
            electrical current.
     G. Fire protection and other hazardous equipment: sprinklers, standpipes, detectors
        (smoke and heat), preengineered suppression systems, gas- and oil-fired appliances
        not connected to the plumbing system, kitchen exhaust systems, incinerators and
        crematoriums. Fees shall be established as follows:
        (1) In computing fees for heads and detectors, the number of each shall be counted
            separately and two fees, one for heads and one for detectors, shall be charged.
        (2) For each standpipe.
        (3) For each preengineered system.
        (4) For each gas- or oil-fired appliance not connected to the plumbing system.
        (5) For each kitchen exhaust system.
        (6) For each incinerator.
        (7) For each crematorium.
     H. Elevator devices. Fees set forth in Chapter A287, Fees, shall apply as follows:
        (1) Elevators in the Township of Byram shall be installed and inspected pursuant
            to N.J.A.C. 5:23-12 et seq.
        (2) All elevator devices shall be registered with the State Department of
            Community Affairs. All fees for registration shall be paid to the Department of
            Community Affairs at the time of registration. Fees shall be in the amounts as
            set forth in N.J.A.C. 5:23-12.1 et seq.
        (3) All plan review for the installation of new elevators shall be done pursuant to
            N.J.A.C. 5:23-12.1 et seq.
        (4) The Township of Byram's fee for the installation of a new elevator device shall
            be as set forth in Chapter A287, Fees, which chapter shall also set forth fees for
            witnessing acceptance tests and performing inspections of the following:
            (a) Elevator devices in structures not in Use Group R-3, or an exempted R-2
                 structure, including:
                 [1] Traction and winding drum elevators:
                 [2] Hydraulic elevators.
                 [3] Roped hydraulic elevators.
                 [4] Escalators, moving walks.
                 [5] Dumbwaiters.
                 [6] Stairway chair lifts, inclined and vertical wheelchair and man lifts.
        (5) Additional charges shall be established for the following:
            (a) Oil buffers.
            (b) Counterweight governor and safeties.
            (c) Auxiliary power generators.
        (6) There shall be a fee for elevator devices in structures in Use Group R-3, R-4 or
            otherwise exempt R-2 structures. This fee shall be waived when signed



26
         statements and supportive inspection and acceptance test reports are filed by an
         approved qualified agent or agency in accordance with N.J.A.C. 5:23-2.19 and
         5:23-2.20.
     (7) There shall be a fee for witnessing acceptance tests and performing inspections
         of alterations.
     (8) There shall be fees for routine and periodic tests and inspections for elevator
         devices in structures not in Use Group R-3, R-4 or otherwise exempt R-2
         structures.
         (a) There shall be a fee for the six-month routine inspection of the following
              elevator devices:
              [1] Traction and winding drum elevators.
              [2] Hydraulic elevators.
              [3] Roped hydraulic elevators.
              [4] Escalators, moving walks.
         (b) There shall be a fee for the one-year periodic inspection and witnessing of
              tests of elevator devices, which shall include the six-month routine
              inspection of elevator devices, including the following:
              [1] Traction and winding drum elevators.
              [2] Hydraulic elevators.
              [3] Roped hydraulic elevators.
              [4] Escalators, moving walks.
              [5] Dumbwaiters.
              [6] Stairway chair lifts, inclined and vertical wheelchair and man lifts.
         (c) Fees shall be established for additional yearly periodic charges for elevator
              devices equipped with the following features:
              [1] Oil buffers.
              [2] Counterweight governor and safeties.
              [3] Auxiliary power generators.
         (d) There shall be a fee for three-year or five-year inspection of the following
              elevator devices:
              [1] Traction and winding drum elevators.
              [2] Hydraulic elevators, three-year inspection.
              [3] Roped hydraulic elevators, three-year inspection.
         (e) A certificate of compliance shall be issued for each elevator device
              inspected.
I.   Certificates and other permits. Fees shall be established for the following:
     (1) Demolition or removal permits.
     (2) Permits to construct a sign.
     (3) Certificates of occupancy.
     (4) Certificates of occupancy granted pursuant to a change of use group.
     (5) Certificates of continued occupancy.
     (6) There shall be no fee for a temporary certificate of occupancy and for a
           certificate of approval.
     (7) There shall be no fee for a certificate of compliance issued for each elevator
           device inspected on a routine periodic basis. There shall be a fee for a
           certificate of compliance for a new elevator device.




                                                                                       27
             (8)  There shall be a fee for plan review of a building for compliance under the
                  alternate systems and nondepletable energy source provisions of the Energy
                  Subcode.
            (9) There shall be a fee for an application for a variation in accordance with
                  N.J.A.C. 5:23-2.10.
            (10) 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, employed by the facility, and who are primarily engaged in work
                  that is governed by a subcode. Managers, engineers and clerks 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. Prior to the issuance of the annual
                  permit, a training registration fee shall be submitted by the applicant to the
                  Department of Community Affairs, Construction Code Element, Training
                  Section, along with a copy of the construction permit (Form F-170). Checks
                  shall be made payable to "Treasurer, State of New Jersey".
         J. All fees collected pursuant to this chapter are nonrefundable.

     12. Chapter 125, § 125-2C, is amended to read as follows:

         C. Each application shall be accompanied by a fee as set forth in Chapter A287, Fees.

     13. Chapter 133, § 133-9, is amended to read as follows:

         § 133-9. Permit fees.
         The permit fees established by the Uniform Fire Code shall be as set forth in Chapter
         A287, Fees.

     14. Chapter 156, § 156-5A, is amended to read as follows:

         A. The application is for renewal and is accompanied with the annual license fee and
            deposit as set forth in Chapter A287, Fees. Any remaining balance shall be returned
            to the licensee within 45 days of issuance or denial of the license.

     15. Chapter 160, § 160-7, is amended to read as follows:

         § 160-7. Fees.
         Each application shall be accompanied by a fee as set forth in Chapter A287, Fees. This
         fee is imposed to defray the cost and expenses incurred in processing the application for
         a dredging permit and in providing for supervision of dredging activities.

     16. Chapter 164, Licensing, is amended as follows:

             a. Section 164-7 is amended to read as follows:

                   § 164-7. Transferability; fee.
                   Every license shall apply only to the person to whom it was issued and shall
                   not be transferable to another person. Licenses may be transferred from place



28
            to place in cases where the licensed activity is conducted at a fixed location,
            but only with the approval, by resolution, of the Township Council. The fee for
            the transfer of a license from place to place shall be as set forth in Chapter
            A287, Fees.

        b. Section 164-13 is amended to read as follows:

            § 164-13. Fees.
            The license fee for a peddler on foot or for a peddler from a vehicle shall be as
            set forth in Chapter A287, Fees. No portion of the fee shall be prorated for any
            part of the year.

        c. Section 164-24 is amended to read as follows:

            § 164-24. Fees.
            The fee for a solicitor's or canvasser's license shall be as set forth in Chapter
            A287, Fees. Nonprofit or eleemosynary organizations are exempt from the
            payment of this fee.

17. Chapter 169, § 169-3, is amended to read as follows:

    § 169-3. Reimbursement for services of recovery company, towing company or
    technical assistance.
    Any person or entity responsible for a fire, leak or spill of hazardous material must
    provide reimbursement for the cost of services rendered by any recovery company,
    towing company or other assistance summoned by the Police Department, Fire
    Department or emergency management coordinator to handle the incident. Such
    reimbursement shall include a minimum response fee as set forth in Chapter A287,
    Fees.

18. Chapter 187, Public Records, is amended as follows:

        a. Section 187-1 is amended to read as follows:

            § 187-1. Basic copying charges.
            Copying charges for single-sided photocopies of printed materials (8 1/2 inches
            by 14 inches) shall be as set forth in Chapter A287, Fees.

        b. Section 187-2 is amended to read as follows:

            § 187-2. Special service charges.
            Fees for maps and plans and color copies (single-sided) shall be as set forth in
            Chapter A287, Fees.

        c. Section 187-3A is amended to read as follows:

            A. Whenever the nature, format, manner of collation, or volume of a
               government record embodied in the form of printed matter to be inspected,



                                                                                                29
                     examined or copied is such that the record cannot be reproduced by
                     ordinary document-copying equipment in ordinary business size, or
                     involves an extraordinary expenditure of time and effort to accommodate
                     the request, a reasonable special service charge as set forth in Chapter
                     A287, Fees, will be added.

     19. Chapter 189, § 189-8, is amended to read as follows:

         § 189-8. Application and escrow fees.
         A. Application fees shall be as set forth in Chapter A287, Fees.
         B. An escrow fee shall be established as set forth in Chapter A287, Fees, to be used by
             the Township to cover the cost of review of the application and all inspections
             required by this chapter. The applicant will be responsible for the payment to the
             Township officials of all inspection and review fees at their posted current rates.
             The applicant shall replenish the escrow account to the required balance within 30
             days of being advised that the balance in the account is $2,500 or less. The
             applicant will pay all bills for fees and costs within 30 days of receipt of a bill from
             the Township. Any funds remaining in the escrow after completion of all
             inspections and review of the application or expiration of a quarry license,
             whichever is applicable, shall be returned to the applicant without interest.

     20. Chapter 195, § 195-6, shall be amended to read as follows:

         § 195-6. Permit fee.
         The permit fee shall be as set forth in Chapter A287, Fees, and shall be administered by
         the Township Clerk.

     21. Chapter 201, Sewers, shall be amended as follows:

             a. Section 201-5A is amended to read as follows:

                 A. Applications shall be submitted with a fee as set forth in Chapter A187,
                    Fees.

             b. Section 201-5B(10) is amended to read as follows:

                 (10) For Class B users, required funds for an escrow account to pay for
                      professional service fees shall be deposited with the Township. The
                      amount of the escrow deposit shall be based on the degree of complexity
                      of said application. The fees are set forth in Chapter A287, Fees. In the
                      event that additional funds are necessary to complete the review of the
                      application, the applicant will be required to replenish the escrow
                      account in an amount sufficient to cover said costs.

             c. Section 201-17C is amended to read as follows:

                 C. The application shall state the location and character of the work to be
                    performed, the person granted permission to perform such work, the time



30
         limit for completion of the work, the general character of the wastes which
         are or may be discharged into the sewer in question and any other pertinent
         information or conditions. The permit application shall be supplemented by
         any plans, specifications or other information considered to be pertinent by
         the Township. A permit and inspection fee as set forth in Chapter A287,
         Fees, shall be paid to the Township at the time the application is filed. Any
         additional costs incurred by the Township in processing the application
         will be borne by the applicant.

d. Section 201-56D(1)(c) is amended to read as follows:

     (c) Together with an application fee and escrow deposit for inspections and
         engineering review as set forth in Chapter A287, Fees. The applicant shall
         pay the Township any additional fees incurred for those purposes within 15
         days of receiving an invoice. Any funds remaining after completion of the
         review and issuance of a license shall be promptly refunded to the
         applicant.

e. Section 210-56D(2)(d) is amended to read as follows:

     (d) Together with an application and inspection fee as set forth in Chapter
         A287, Fees.

f.   Section 201-56G is amended to read as follows:

     G. Termination of service. Sewer service may be discontinued upon 10 days'
        written notice by the Township where a grease interceptor system has been
        found to be inadequate in size, or blockage has occurred more than once, or
        the system is not in place or in use. If the user fails to eliminate the
        impermissible discharge and service is discontinued it will only be restored
        after an inspection to confirm that the installation, maintenance, upgrade
        and/or repair of the grease interceptor system has been satisfactorily
        completed and the flow parameters comply with § 201-56B above, and the
        user has paid a restoration fee as set forth in Chapter A287, Fees, plus all
        costs of enforcement as required by § 201-102.

g. Section 201-59B is amended as follows:

     B. All users requesting permission to alter or repair any public sewer,
        manhole or appurtenance of the local sewer shall make written application,
        pursuant to Article III, to the Township Manager upon forms available at
        the Municipal Building. A permit and inspection fee as set forth in Chapter
        A287, Fees, shall be paid to the Township at the time that said application
        is filed.




                                                                                   31
            h. Section 201-66D is amended to read as follows:

                 D. Required funds for an escrow account to pay for professional service fees
                    shall be deposited with the Township. The amount of the escrow deposit
                    shall be based on the degree of complexity of said application. The
                    minimum fee and a maximum amount established by the Township for
                    these purposes is set forth in Chapter A287, Fees. In the event that
                    additional funds are necessary to complete the review of the application,
                    the applicant will be required to replenish the escrow account in an amount
                    sufficient to cover said costs.

            i.   Section 201-76F and G are amended to read as follows:

                 F. The sewer use charge and maintenance fee per EDU shall be as set forth in
                    Chapter A287, Fees.

                 G. Class B charges. The annual sewer user charge and maintenance fee for all
                    sewage discharged from units designated herein as Class B shall be as set
                    forth in Chapter A287, Fees.

            j.   Section 201-79 is amended to read as follows:

                 § 201-79. Discontinuance of service to Class B users; reconnection fee.
                 If a bill remains unpaid for a period of 30 days or more after it is sent, it shall
                 be deemed delinquent, and, upon 10 days' written notice to the property
                 owners, service may be discontinued. If service is thus discontinued, it will not
                 be restored until all unpaid bills, statutory interest and a reconnection fee as
                 sets forth in Chapter A287, Fees, are paid.

            k. Section 201-85 is amended to read as follows:

                 § 201-85. Fee for closing line or lateral.
                 The fee for the closing of a sewer line or lateral to a building shall be as set
                 forth in Chapter A287, Fees.

            l.   Section 201-86 is amended to read as follows:

                 § 201-86. Fee for reopening line or lateral.
                 The fee for a permit to reopen any sewer line or lateral to a building shall be as
                 set forth in Chapter A287, Fees.

     22. Chapter 208, Soil Removal, shall be amended as follows:

            a. Section 208-5 is amended to read as follows:

                 § 208-5. Fees and deposits.
                 Each application shall be accompanied by the deposit of a fee as set forth in
                 Chapter A287, Fees, which shall be used to cover the cost of examining the



32
           application, hearings or other processing. No fee shall be required where the
           proposed removal application shall be for less than 500 cubic yards. If an
           application is denied, the fee deposited shall be returned after deducting actual
           engineering or legal fees incurred by the Township in the course of processing
           the application. If the application is granted, the applicant shall pay the
           reasonable cost of engineering or legal services incurred by the Township
           which exceeds the original deposit.

       b. Section 208-10 is amended to read as follows:

           § 208-10. Inspections.
           Each such operation shall be inspected by the Township Engineer at least once
           in each calendar year and a written report shall be made of such inspection. The
           permittee shall pay the cost of such inspection and any reinspections required
           because of violations found in the course of regular inspections. The fees for
           such inspections and reinspections shall be set forth in Chapter A287, Fees.

23. Chapter 213, Streets and Sidewalks, shall be amended as follows:

       a. Section 213-5 is amended as follows:

           § 213-5. Fees.
           Fees must be paid when the application is made. The applicant shall be charged
           a fee as set forth in Chapter A287, Fees.

       b. Section 213-12 is amended to read as follows:

           § 213-12. Permit required; fee.
           No person shall create, construct or put in a driveway over or across a drainage
           ditch serving any street or public road without first applying, in writing, for a
           permit from the Superintendent of Public Works. The application shall be
           signed by the owner of the property on which the driveway is to be located and
           shall have annexed thereto a simple, but legible, plan or sketch showing where,
           how and in what manner the driveway will be constructed over or across the
           drainage ditch and what materials will be used in permanently preserving
           drainage space and courses underneath the point where the driveway shall cross
           over the drainage ditch and connect up with the right-of-way. A nonrefundable
           permit fee as set forth in Chapter A287, Fees, shall accompany each
           application.

       c. Section 213-35A is amended to read as follows:

           A. Upon the installation of street improvements by a developer and prior to
              acceptance by the Township, and where properties adjacent to said streets
              contain occupied dwellings, the developer shall be responsible for the
              maintenance of said streets, including but not limited to maintaining the
              streets free of snow and ice. In the opinion of the Director of Public Works,
              if a developer has not kept any streets in his control free and clear of ice



                                                                                          33
                    and snow within a reasonable time after any storm, then the Township shall
                    be authorized to plow or treat said streets for snow and ice, and such
                    plowing or treatment shall no be considered an acceptance of the roadways.
                    If the Township shall plow or treat the snow and ice, the developer shall
                    pay a fee to the Township for plowing and application of salt and/or sand
                    as set forth in Chapter A287, Fees, which fee shall be paid by the developer
                    within 10 days of the submission of a statement to the developer.

     24. Chapter 215, Subdivision and Site Plan Review, shall be amended as follows:

            a. Section 215-13 is amended to read as follows:

                § 215-13. Certificate of approval and release of bond.
                The fee for obtaining a certificate of approval and/or release of a performance
                bond or a maintenance bond shall be as set forth in Chapter A287, Fees, for
                each lot shown on the plat for which such certificate of approval and/or release
                is sought.

            b. Section 215-14 is amended to read as follows:

                § 215-14. Fee for list of adjacent property owners.
                The fee for preparation of a certified list of adjacent property owners, prepared
                pursuant to N.J.S.A. 40:55D-12(c), shall be as set forth in Chapter A287, Fees.

            c. Section 215-16 is amended to read as follows:

                § 215-16. Special meetings.
                If requested by the applicant, in writing, special meetings of the Planning
                Board may be held in the Byram Township Municipal Building or at such other
                place within the Township as may be fixed by the Board upon such date and at
                such hour as may be determined by the Board upon the payment of a special
                meeting fee as set forth in Chapter A287, Fees, which fee shall accompany the
                request for such special meeting. Such special meeting fee shall be in addition
                to such base application fee or supplemental base application fee and review
                fee escrow deposit which may be otherwise applicable. The applicant will also
                be obliged to indemnify and reimburse the Board from its review fee trust
                account for the cost of publication of any required special notice and any other
                reasonable costs which may be incurred by the Board with respect to such
                special meeting, including the attendance fees for any required staff
                professionals or consultants. Whether or not a special meeting shall be held at
                the request of an applicant shall be within the sole discretion of the Board.

            d. Section 215-62 is amended to read as follows:

                § 215-62. Residential development fees.
                A. Within the Township of Byram, developers shall pay a development fee as
                    set forth in Chapter A287, Fees, for new residential development, provided
                    no increased density is permitted.



34
            B. If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(5), then the
               additional residential units realized (above what is permitted by right under
               the existing zoning) will incur a bonus development fee as set forth in
               Chapter A287, Fees, rather than the development fee set forth in
               Subsection A above. However, if the zoning on a site has changed during
               the two-year period preceding the filing of the "d" variance application, the
               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 "d" variance application. The fee shall be based on the
               equalized assessed value for each unit.

       e. Section 215-63 is amended to read as follows:

            § 215-63. Nonresidential development fees.
            A. Developers within the Township of Byram shall pay a fee as set forth in
                Chapter A287, Fees, for nonresidential development.
            B. If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(4), then the
                additional floor area realized (above what is permitted by right under the
                existing zoning) will incur a bonus development fee as set forth in Chapter
                A287, Fees, rather than the development fee set forth in Subsection A
                above. However, if the zoning on a site has changed during the two-year
                period preceding the filing of the "d" variance application, the floor area
                for the purposes of calculating the bonus development fee shall be the
                highest floor area permitted by the right during the two-year period
                preceding the filing of the "d" variance application.

       f.   Schedule A is deleted in its entirety.

25. Chapter 222, Taxicabs, is amended as follows:

       a. Section 222-4G is amended to read as follows:

            G. License term; fees. A taxicab owner's license shall be valid for the
               remainder of the calendar year in which it is issued. The license fee shall be
               as set forth in Chapter A287, Fees, payable upon the filing of the
               application for the issuance or renewal of the license.

       b. Section 222-5A(2) is amended to read as follows:

            (2) The application shall be accompanied by a fee for the initial license period
                as set forth in Chapter A287, Fees.

       c. Section 222-5D is amended to read as follows:

            D. Term of license, fees. An initial license to drive a taxicab shall be valid for
               the remainder of the calendar year in which it is issued. A taxicab driver's
               license may be renewed annually, unless it has been revoked or suspended,
               upon the payment of a fee as set forth in Chapter A287, Fees.



                                                                                            35
     26. Chapter 240, § 240-11G, is amended to read as follows:

          G. Fees and costs.
             (1) There shall be paid at the time of submittal of the grading plan a review fee as
                 set forth in Chapter A287, Fees. Within 30 days of the return of the rejected
                 grading plan. a fee as set forth in Chapter A287, Fees, shall be paid for each
                 resubmission. If the resubmission is made after more than 30 days, a new fee
                 will be required.
             (2) In addition to the review fee, the applicant shall submit a deposit as set forth in
                 Chapter A287, Fees, to be put in escrow to defray the cost of inspections, legal
                 or professional review, or engineering work. If the deposit does not cover said
                 costs, then additional fees will be required. Failure to do so shall stay the
                 issuance of a certificate of occupancy. Any remaining moneys shall be returned
                 to the applicant.

§ 3. Severability.

If any part of this Ordinance is for any reason held to be invalid such decision shall not affect
the validity of the remaining portion of the Ordinance. Any Ordinance or portions thereof that
may be inconsistent with the ordinance is hereby repealed to the extent of the inconsistency.


§ 4. Effective date.

This Ordinance shall take effect in the time and manner prescribed by law.


                                             BYRAM TOWNSHIP COUNCIL

Introduced: July 6, 2009                                   Adopted:
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Motion
2nd
Yes
No
Abstain
Absent

______                                                                         ________________________
DORIS FLYNN, TOWNSHIP CLERK                                                    JAMES OSCOVITCH, MAYOR




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                                        NOTICE


NOTICE is hereby given that the above entitled Ordinance was introduced and passed first
reading at the meeting of the Township Council of the Township of Byram on the 22nd day of
January, 2008. The said Ordinance was further considered for final passage at a meeting of the
Township Council on the 4th day of February at which time all persons present were given an
opportunity to be heard concerning the same. It was finally passed and adopted and will be in
full force in the Township according to law.




                                                BYRAM TOWNSHIP


                                        DORIS FLYNN, TOWNSHIP CLERK




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