New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 18 - APPLICATION FEES
Section 7:7A-18.2 - Adjustment of application fees
Universal Citation: NJ Admin Code 7:7A-18.2
Current through Register Vol. 56, No. 24, December 18, 2024
(a) When, based on budget considerations, the Department determines to adjust the application fees established in this subchapter for the upcoming State fiscal year (which runs from July 1 to June 30), the Department shall:
1. Prepare an Application Fee Adjustment
Report, in accordance with (b) below; and
2. Publish a notice of administrative change
in the New Jersey Register that:
i. States
that the Application Fee Adjustment Report is available on the Department's
website at http://www.nj.gov/dep/landuse;
and
ii. Sets forth the adjusted
application fees determined as provided at (b) below.
(b) In the Application Fee Adjustment Report, the Department shall:
1.
Project the total amount of money required to fund the program in the upcoming
State fiscal year. This projection shall consider the following:
i. The number and type of Department staff
required to perform each activity for which fees are charged and the projected
total salaries of those staff for the upcoming State fiscal year;
ii. The total cost of fringe benefits for
those Department staff, calculated as the projected total salaries of those
staff multiplied by a percentage set by the New Jersey Department of the
Treasury that reflects costs associated with pensions, health benefits,
workers' compensation, disability benefits, unused sick leave, and the
employer's share of FICA;
iii.
Indirect costs attributable to those Department staff, calculated as the total
salaries and fringe benefits for those staff multiplied by a percentage known
as the indirect cost rate. The indirect cost rate is negotiated annually with
the U.S. Environmental Protection Agency and is the total of the Department's
costs for management and administrative costs applicable to multiple cost
objectives (including but not limited to, indirect management and
administrative salary and non-salary costs, applicable fringe benefits,
building rent, and the Department's share of the Statewide Cost Allocation
Plan) divided by total Department direct salaries plus applicable fringe
benefits; and
iv. Projected
operating costs attributable to those Department staff, including, but not
limited to, costs for postage, telephone, travel, supplies, and data system
management;
2. Project
the total amount of revenue expected to be received from application fees in
the upcoming State fiscal year. This projection shall consider the following:
i. The number and type of applications
received in previous State fiscal years;
ii. Any trend toward increasing or decreasing
construction activities in regulated areas and such trend's impact, if any, on
the number and type of applications anticipated for the upcoming State fiscal
year;
iii. Other data concerning
economic trends reasonably likely to influence the number and type of
applications anticipated for the upcoming State fiscal year; and
iv. The application fees in effect at the
time such projection is made;
3. Project the total amount of money to be
available from sources other than application fees, such as State
appropriations or Federal grants, for the upcoming State fiscal year;
4. Subtract the amounts in (b)2 and 3 above
from the amount in (b)1 above. The remainder is the projected fee revenue
shortfall for the upcoming State fiscal year; and
5. Divide the projected fee revenue shortfall
in (b)4 above by the total amount of revenue expected to be received from
application fees in (b)2 above to determine the fee adjustment factor. The
amounts of the adjusted application fees for the upcoming State fiscal year
shall be obtained by increasing the existing fees by the fee adjustment
factor.
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