New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY MEADOWLANDS COMMISSION › Chapter 4 - DISTRICT ZONING REGULATIONS › Subchapter 4 - ADMINISTRATION › Section 19:4-4.20 - Fees and escrow deposits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  application shall be accompanied by such fees as specified in N.J.A.C.
				  19:4-11.
(b) Whenever, in the
				  opinion of the Chief Engineer, the operations or activities to be conducted on
				  a site may violate applicable regulations, the NJMC may require the deposit in
				  escrow of not more than $ 25,000, to be held for a period of one year after the
				  date of issuance of occupancy certification. The escrow account may be used by
				  the NJMC to employ a qualified technician or technicians to perform
				  investigations, measurements, and analyses to determine whether or not the
				  applicable regulations are, in fact, being violated and may pay reasonable fees
				  for such services out of the aforementioned escrow deposit, regardless of the
				  outcome of the investigation. If the reasonable fees of such technician or
				  technicians exceed the amount of any available escrow deposit, and if a
				  violation of any applicable regulation is discovered, the fees may be recovered
				  as a penalty in the same manner as, and in addition to, the penalties specified
				  in 19:4-4.2 1. Escrow deposits or
				  remainders of the escrow shall be returned, without interest, to the depositors
				  at the expiration of the escrow period. If violation of the applicable
				  regulations is discovered and no escrow deposit is being retained by the NJMC,
				  the fees for technicians to perform investigations, measurements, and analysis
				  to determine whether such violation was taking place may be recovered as a
				  penalty in the same manner as, and in addition to, the penalties specified in
				  19:4-4.2 1.
(c) A performance bond or letter of credit
				  may be required for fill applications submitted and approved in accordance with
				  19:4-8.1 6 in an amount equal to
				  an estimate of the cost for the completion and stabilization of the fill, plus
				  10 percent. The cost estimate shall be signed and sealed by a New
				  Jersey-licensed professional engineer and shall be approved by the
				  NJMC.
(d) Whenever conditions are
				  imposed on an approval, a deposit in escrow, or other performance guarantee
				  satisfactory to the NJMC and sufficient to meet the cost of implementing such
				  conditions, may be imposed on the applicant. If such conditions are not
				  implemented in accordance with the approval in which the conditions were
				  imposed, the escrow deposit or performance guarantee may be utilized by the
				  NJMC to implement the conditions. If the cost of such implementation exceeds
				  the amount in the escrow deposit or other acceptable performance guarantee, the
				  amount in excess shall be assessed against the property upon which the
				  conditions were placed, at the time of implementing said conditions, and a
				  notice of lien upon the subject property shall be filed in the Office of the
				  County Clerk. If the cost of implementation is less than the escrow deposit,
				  the NJMC shall refund the difference to the applicant. If the applicant
				  implements the conditions within the one-year period, the escrow deposit shall
				  be returned to the applicant forthwith.