[Amended 12-2-2015 by Ord. No. 543-2015]
Whenever any application shall be made to the Township Committee,
the Planning Board or the municipal utilities authority for any franchise,
permit, variance, approval, license or renewal thereof, the person
or entity seeking such thing shall be required to deposit moneys to
be held in escrow by the treasurer of the Township of Weymouth, or
by the treasurer of the municipal utilities authority in that case,
in accordance with the provisions of this chapter. Such escrows shall
be utilized to pay the cost of any professional fees incurred for
review of and/or testimony concerning an application for development
or permit submitted by an applicant as provided for herein and herein
below.
[Amended 6-19-1996 by Ord. No. 344-96; 9-3-2003 by Ord. No.
408-2003]
Subject to the provisions set forth herein, each applicant,
shall, prior to its application being ruled complete pursuant to the
provisions of any law or ordinance applicable to the application being
made, submit the following sums to be held in escrow:
Residential Development
(number of units)
|
Escrow To Be Posted
|
---|
1
|
$500
|
2 to 3
|
$750
|
4 to 10
|
$1,000
|
11 to 25
|
$2,000
|
26 to 100
|
$2,500
|
101 to 500
|
$5,000
|
501 to 1,000
|
$7,500
|
Over 1,000
|
$10,000
|
Commercial/Industrial Development Application Not Involving
Structures
(acres)
|
Escrow To Be Posted
|
---|
0 to 15
|
$3,500
|
15+
|
$5,000
|
Commercial/Industrial Development Application Involving
Structures Total Floor Plan
(square feet)
|
Escrow To Be Posted
|
---|
0 to 1,000
|
$750
|
1,001 to 2,500
|
$1,000
|
2,500 to 20,000
|
$2,000
|
20,001+
|
$5,000
|
A. Within 45 days after the filing of an application with the board,
committee or authority, as the case may be, the applicant shall, in
conjunction with appropriate representatives of the staff of the Township
of Weymouth and the entity to whom the application is submitted, review
said application for development and permit to determine whether the
escrow amount set forth above is adequate. In conducting such review,
the following criteria shall be considered:
(1) The presence or absence of public water and/or sewer servicing this
site.
(2) Traffic impact of the proposed development.
(3) Infrastructure impact of the proposed development.
(4) Impact of the proposed development on existing aquifer and/or water
quality.
(5) Environmental considerations, including all considerations that need
to be reviewed under the terms of the comprehensive management plan
of the Pinelands Commission, soil conservation regulations, requirements
of the master plan of the municipality, and other factors, including
but not limited to geological, hydrological and ecological considerations
for the site and the use or uses contemplated.
Upon completion of said review and within said forty-five-day
period, the entity to whom the application is submitted shall adopt
a resolution specifying whether the escrow amount specified above
is sufficient, excessive or insufficient. In the event that the Board
shall determine the said amount is excessive, it shall in the resolution
specify the amount that shall be deemed sufficient, including a specification,
if appropriate, that no escrow be posted. In the event that it shall
be determined that the amount specified above is insufficient, the
resolution shall specify and shall further set forth the amount required
to be posted in light of the criteria specified herein, and a resolution
shall expressly delineate the areas of concern and shall set forth
the amounts of money felt to be necessary to properly review the application
being submitted.
No application for development shall be deemed complete until
such time as the applicant shall have posted with the Township of
Weymouth in cash, certified check or money order the amount of escrow
deposit determined by the said entity.
All such escrow funds shall be deposited in an account separate
from the general account of the municipality or the authority to whom
the application is being made and shall be denominated "Escrow deposit
of ____________________." The account shall be an interest-bearing
account and shall be maintained in a bank that is officially designated
as a depository institution of Weymouth Township or the Weymouth Township
Municipal Utilities Authority, as the case may be. The funds shall
be deposited in this account, pending completion and review of the
sufficiency or insufficiency of the escrow amount and shall be so
held during the time in which the development application is pending
and being reviewed, to be utilized by the appropriate reviewing entity
to pay the costs of any professional fees incurred by the entity for
review and/or testimony in connection with the particular application
for development including service charges, if any, levied by the bank
holding said escrow. All sums not actually so expended shall be refunded
to the applicant within 60 days after the date of the final determination
of approval and acceptance by the appropriate entity reviewing the
application or the certification of completion of the project by the
appropriate entity, whichever is later. Certification by the appropriate
official or entity that said application has been finally determined
and/or completed shall not be unreasonably refused or delayed. In
the event that a refund is to be made to the applicant pursuant to
this section, the municipality shall make the refund with interest
earned upon the said amount deposited by the applicant and not utilized
in the review process.
This chapter shall not apply to applications to open streets. Street opening applications shall be controlled by Chapter
200, Streets and Sidewalks.