Title
Dept./ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Refund
Purpose: Refund monies for construction permit fees.
Entity Name: Morris Doremus Avenue Associates Urban Renewal, LLC
Entity Address: 350 Veterans Boulevard, Rutherford, New Jersey 07070
Amount: $595,401.00
List of Property:
(Address/Block/Lot/Ward)
173-269 Doremus Avenue/Block 5016.01/Lot 10/East Ward
Additional Information:
Certification of Funds in the amount of $595,401.00.
(Permit #20-CP-001362; 173-269 Doremus Avenue, Newark, New Jersey 07105)
body
WHEREAS, Morris Doremus Avenue Associates Urban Renewal, LLC, 350 Veterans Boulevard, Rutherford, New Jersey 07070, submitted an application to the Uniform Construction Code Office (the “UCC Office”) dated June 16, 2020, for a Construction Permit to perform new construction of warehouse property located at 173-269 Doremus Avenue, Newark, New Jersey 07105; and
WHEREAS, Morris Doremus Avenue Associates Urban Renewal, LLC, paid a relevant fee in the amount of One Million Sixteen Thousand One Hundred and Sixty-Four Dollars and Zero Cents ($1,016,164.00), (which consists of Plan Review Fees and Construction Permit Fees), as per the attached Construction Permit Document relating to Permit Number 20-CP-001362; and
WHEREAS, the permit for the construction, specifically, Permit #20-CP-001362, for 173-269 Doremus Avenue, Newark, New Jersey 07105, Block 5015.01, Lot 10, was voided by the Construction Official because, when calculating fees for storage facilities, there is a 20’ height cap, however, the building technical section did not reflect this calculation. It was based on the total height of 52’6, which resulted in overcharge. Therefore, Morris Doremus Avenue Associates Urban Renewal, LLC, is continuing to conduct work associated with this project, but is requesting that permit fees are recalculated based on the 17,024,920 cubic feet volume and a refund be issued for such overpaid amounts. Morris Doremus Avenue Associates Urban Renewal, LLC, made a timely application to the UCC Office for a refund of the fees paid; 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 Morris Doremus Avenue Associates Urban Renewal, LLC, is voidable and a partial refund in the amount of Five Hundred Ninety-Five Thousand, Four Hundred and One Dollars and Zero Cents ($595,401.00), against Permit #20-CP-001632, dated June 16, 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 Five Hundred Ninety-Five Thousand Four Hundred and One Dollars and Zero Cents ($595,401.00) to Morris Doremus Avenue Associates Urban Renewal LLC, 350 Veterans Boulevard, Rutherford, New Jersey 07070 against fees paid towards Permit #20-CP-001632, 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 states, the Construction Permit Fees of which Plan Review Fees forms a part, shall be returned back to the applicant due to 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 Five Hundred Ninety-Five Thousand,Four Hundred and One Dollars and Zero Cents ($595,401.00) 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 B2020
5. A fully executed copy of this resolution, shall be filed in the Office of the City Clerk by the Construction Official for the Department of Engineering.
STATEMENT
This resolution authorizes the Director of the Department of Finance to issue a refund check made payable to Morris Doremus Avenue Associates Urban Renewal, LLC, 350 Veterans Boulevard, Rutherford, New Jersey 07070, in the amount of $595,401.00, against fees paid towards Permit #20-CP-001632.