Title
Dept./ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Refund
Purpose: To refund overpayment of funds for construction permit fees.
Entity Name: 188 Custer Ave., LLC
Entity Address: 606 Ocean Road, Suite E, Point Pleasant, New Jersey 08742
Amount: $4,546.00
List of Property:
(Address/Block/Lot/Ward)
188 Custer Avenue/Block 3604/Lot 60/South Ward
Additional Information:
Certification of Funds in the amount of $4,546.00.
(Permit #20-CP-001521: 188 Custer Avenue, Newark, New Jersey 07108)
body
WHEREAS, 188 Custer Ave, LLC, 606 Ocean Road, Suite E, Point Pleasant, New Jersey 08742, submitted an application to the Uniform Construction Code Office (the “UCC Office”) dated September 9, 2020, for a Construction Permit to perform new construction of warehouse property located at 188 Custer Avenue, Newark, New Jersey 07108; and
WHEREAS, 188 Custer Ave., LLC, paid a relevant fee in the amount of Four Thousand Five Hundred and Forty-Six Dollars and Zero Cents ($4,546.00), (which consists of Plan Review Fees and Construction Permit Fees), as per the attached Construction Permit Document relating to Permit #20-CP-001521; and
WHEREAS, the permit for the construction, specifically, Permit #20-CP-001521, for 188 Custer Ave., Newark, New Jersey 07108, Block 3604, Lot 60, was voided by the Construction Official because, when calculating fees for duct work, the customer put in an incorrect amount (adding an extra 0 to the volume of the new structure), which the building technical section calculation reflected. This was based on the new building area being 3,784 square feet and the volume of new structure being incorrectly reflected as 37,840 cubic feet, which resulted in an overcharge; and
WHEREAS, 188 Custer Ave., LLC, has completed all work and is ready to sell the property, but is requesting that permit fees be re-calculated based on the error and a refund issued for the overpaid amounts; and
WHEREAS, 188 Custer Ave., LLC, has made a timely application to the UCC Office for a refund of the overpaid fees; and
WHEREAS, it is the determination of the Construction Official of the Department of Engineering, on behalf of the City of Newark, that the permit issued to and paid for by 188 Custer Ave., LLC, is voidable and a partial refund in the amount of Four Thousand Five Hundred Forty-Six Dollars and Zero Cents ($4,546.00), against Permit #20-CP-001521, dated September 9, 2020 may be issued.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Director of the Department of Finance is hereby authorized to issue a refund check in the amount of Four Thousand Five Hundred Forty-Six Dollars and Zero Cents ($4,546.00) to 188 Custer Ave., LLC, 606 Ocean Road, Suite E, Point Pleasant, New Jersey 08742 against fees paid towards Permit #20-CP-001521, dated June 16, 2020.
2. The Construction Official of the Uniform Construction Code Office, Department of Engineering, on behalf of the City of Newark is hereby authorized to make appropriate entries to reflect the partial refund made.
3. The State of New Jersey Uniform Construction Code Regulations, N.J.A.C. 5:23-4.18(a), governing the refund of application fees provides that the Construction Permit Fees, of which Plan Review Fees forms are part, shall be returned to the applicant when there is an overcharge.
4. Attached is a Certification of Funds from the Director of the Department of Finance, which states: (1) that there are sufficient funds in the amount of Four Thousand Five Hundred Forty-Six Dollars and Zero Cents ($4,546.00), for the purpose set forth herein above; and (2) that the line appropriation which shall be charged is as follows:
Business Unit Department Division/Proj. Account # Bud. Ref.
NW026 38750 B2021
5. The Construction Official for the Department of Engineering, shall file a fully executed copy of this Resolution, in the Office of the City Clerk.
STATEMENT
This Resolution authorizes the Director of the Department of Finance to issue a refund check made payable to 188 Custer Ave., LLC, 606 Ocean Road, Suite E, Point Pleasant, New Jersey 08742, in the amount of $4,546.00, against fees paid towards Permit #20-CP-001521.