Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
The Evesham Township Council hereby declares that the provisions set forth in this article are general provisions which apply to site plan, subdivision, planned and general development applications submitted pursuant to Chapter 127, Site Plan Review; Chapter 135, Subdivision of Land; Chapter 160, Zoning; and Chapter 161, Zoning Modifications and Additional Requirements, of the Code of the Township of Evesham. The Evesham Township Council also declares that numerous provisions of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., apply to site plan, subdivision, general development and planned development applications and are incorporated herein by reference thereto, and hereby declares that the subdivision, site plan review and planned and general development process may be subject to said provisions, as well as other areas of relevant law. For purposes of this article, the provisions set forth in the following sections shall apply to planned development applications submitted pursuant to the MLUL and/or the Code of the Township of Evesham.
Whenever a term, word or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1 et seq., or in Chapter 160, Zoning, of this Code, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase as found in said statute, or in this Code, unless a contrary intention is clearly expressed from the context of this chapter.
Not later than seven days after submission of the application for a site plan or minor or major subdivision to the Planning Board Secretary, the applicant, where required pursuant to N.J.S.A. 40:27-6.3, shall submit a copy of the application and all supporting documentation to the Burlington County Planning Board for review and approval. The applicant shall then promptly certify to the Planning Board Secretary that such submission has been properly made.
A developer, as a condition for approval of a subdivision or site plan, shall pay his pro rata share of the cost of providing only reasonable and necessary street improvements, and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development, but necessitated or required by construction or improvements within such subdivision or development. The Board shall determine the reasonableness of and necessity for such improvements and shall also determine such pro rata share as follows:
A. 
The total cost thereof shall be estimated by the Board Engineer.
B. 
The Board shall next consider the circulation plan and comprehensive utility service plan elements of the Master Plan and shall ascertain:
(1) 
The benefit accruing to the proposed subdivision or site plan by the improvements and/or facilities.
(2) 
The benefit accruing to lands outside of the property limits of the subdivision or development.
C. 
The Board shall determine said pro rata share by establishing a ratio between the benefit accruing to the proposed subdivision or site plan and the total benefit accruing by reason of the improvements and/or the facilities and applying it to the total cost.
D. 
The final cost of the completed improvements and/or facilities shall be ascertained by the Board Engineer, who shall advise the Board and the developer of the final cost. The estimated pro rata share shall be modified by the actual final cost and appropriate adjustments made.
E. 
The standards established to determine such pro rata share shall not be altered subsequent to preliminary approval to apply to such subdivision or site plan.
F. 
Where a developer pays, under protest, the amount determined as his pro rata share, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
G. 
Such payment shall be made by a deposit of cash, and the developer shall agree to make additional payment upon determination of the actual cost, if there is any. Such payment shall be made within 30 days of the determination by the Board of the pro rata share, unless otherwise directed by the Board.
H. 
The developer and the Board may enter into an agreement providing for payment of the full cost of the required off-tract improvements by the developer with a provision for future reimbursement for an agreed time as the improvements shall be utilized by others.
I. 
The Board shall act within the applicable period for approval of the application by the Board.
A. 
If the Evesham Master Plan or Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision or site plan or a planned development or a general development plan, the Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or site plan and required for final approval.
B. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval, as the case may be, caused by the reservation.
C. 
In the event that the developer claims an entitlement to such just compensation, he or she shall present a claim therefor with the Township Council within 30 days after the Board shall have made such reservation. The Township Council shall meet with the developer in an attempt to agree upon said figure and the method of payment. In the event that there is no such agreement, the Township Council shall set forth its position in a resolution, and the developer shall then be entitled to institute legal action for a judicial determination as to the amount of just compensation and/or the method of payment. In the event of agreement on said figure and the method of payment, the Township Council shall adopt a resolution memorializing the agreement and implementing payment as part of the approval process and shall submit a copy of such resolution to the developer and the Board Secretary.
A. 
The Planning Board, when acting upon applications for preliminary site plan or subdivision approval or minor subdivision approval, shall have the power to grant such exceptions from the requirements for site plan and subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision and site plan review, if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Township Council hereby designates the administrative officer for the purpose of issuing the certificate of approval as set forth in N.J.S.A. 40:55D-56.
A. 
Prior to the granting of final approval by the Board, the developer shall file a written request with the Township Clerk requesting the Township of Evesham to enforce the provisions of Title 39 of the New Jersey Revised Statutes on all streets and roads in the subdivision which are open to or used by the public. The provisions of Title 39 shall be made applicable to said streets and roads at the discretion of the Township and with the approval of the Commissioner of Transportation of New Jersey.
B. 
This section shall apply to any site plan, subdivision, planned development, general development or any new type of development classification hereinafter authorized to be undertaken in the Township of Evesham involving roads open or to be opened to the public.
A. 
Except as provided in Chapter 127, Site Plan Review, before the recording of final subdivision plat or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the Board may require and the Township Council shall accept in accordance with the standards adopted hereinafter for the purpose of assuring the installation and maintenance of on-tract improvements:
(1) 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate, including street, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
(a) 
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(2) 
Provision for a maintenance guarantee to be posted with the Township Council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
B. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
C. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
D. 
Release or reduction of performance guarantee.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) 
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(3) 
The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(a) 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.
(4) 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(a) 
If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(5) 
In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
E. 
If any portion of the required improvements is rejected, the Board may require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
F. 
Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.
G. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
H. 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
I. 
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the Board, provided that such improvements have been inspected and have received final approval by the Township Engineer. The acceptance of the aforementioned dedication shall not occur until all requirements of Chapter 2 have been complied with, said acceptance to be in accordance with the provisions of Chapter 2 of the Evesham Township Code.[1]
[1]
Editor's Note: Former Ch. 2, Acceptance of Property, of the Evesham Township Code, was repealed 6-15-1999 by Ord. No. 43-11-98.
J. 
In all multifamily housing developments where the improvements will be owned by or be the responsibility of a condominium corporation, homes association or other similar association comprised of the owners or residents, the developer must post a maintenance guaranty covering such improvements; and the Township shall release the performance bond covering such improvements only after the owners or residents assume effective control of the condominium corporation or association (assuming the performance bond is otherwise entitled to be released under N.J.S.A. 40:55D-53 and applicable Township ordinances at that time).
At the time of submitting an application for a conditional use permit, zoning variance, site plan approval, general development plan approval, mixed use overlay district approval or for subdivision approval, the applicant shall comply with the following:
A. 
The applicant shall deposit a sum of money as calculated in this section in escrow to provide for the payment of the cost of professional services rendered with respect to review of plans and applications and the inspection of required improvements, in accordance with the following regulations:
(1) 
Complete application; escrows. At the time of the submission of an application for development, the applicant shall submit all the required application and escrow fees as calculated in this section. The failure to pay the required escrow fees, either initially or upon demand as hereinafter provided, shall be adequate grounds to deem an application incomplete.
(2) 
Approval; plan review fees; condition of resolution. The failure to pay plan review fees upon demand shall be grounds to deny an approval to an application. In the event an approval is granted, said approval shall be subject to the condition that the applicant shall pay any and all plan review escrow fees, said condition to be set forth in the resolution. The failure to pay the plan review fees in accordance with this section after approval shall be grounds to revoke the approval by the appropriate Board upon notice to and a hearing for the applicant.
(3) 
Approval; inspection escrows. Funds to be utilized to pay for professional services rendered with respect to the installation of and inspection of improvements shall be paid to the Township for deposit in escrow prior to the signing of plans and the disturbance of soil and/or the issuance of the first construction permit, whichever comes first. The developer shall replenish the inspection escrows on the demand of the Township as hereinafter set forth in this section. The failure to pay the inspection fees shall be grounds to revoke the approval by the Planning Board upon notice to and a hearing for the applicant. For purposes of this section, the appropriate Board approval shall be deemed to be "prior approval" as defined in the Uniform Construction Code. This subsection shall be a condition of any approval and shall be set forth in the resolution of approval.
(4) 
The regulations set forth herein shall be set forth in the form of an agreement for execution by the applicant and submittal at the time of the application. The failure to submit the form of the agreement shall be grounds for determining that the application is incomplete. By way of said agreement, the applicant shall agree with the Township to pay all application fees, professional charges and any other costs or fees related to the processing in review of his or her application, including, but not limited to, the cost of site inspections and appeals by the applicant, if necessary.
B. 
The applicant shall pay all application fees and the applicant shall deposit a certain sum in cash with the Secretary of the Planning Board and/or Zoning Board of Adjustment to be placed in an escrow account by the Township pursuant to Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1) to cover the cost of professionals employed by the Planning Board and/or Zoning Board of Adjustment to make reviews and inspections of the applications and plans submitted as well as site inspections, if necessary, in accordance with the following schedule:
[Amended 10-6-2009 by Ord. No. 13-10-2009; 9-16-2014 by Ord. No. 23-9-2014; 2-17-2015 by Ord. No. 1-2-2015]
(1) 
Conditional use.
(a) 
Application fee: $200.
(b) 
Escrow fee:[1]
[1]
Editor's Note: So in original.
(2) 
Zoning variance.
(a) 
Application fee:
[1] 
Variance under N.J.S.A. 40:55D-70c: $150.
[2] 
Variance under N.J.S.A. 40:55D-70d: $250.
(b) 
Escrow fee:
[1] 
Variance under N.J.S.A. 40:55D-70c: $600.
[2] 
Variance under N.J.S.A. 40:55D-70d: $2,500.
(3) 
Interpretation of ordinance or appeal of Zoning Officer's interpretation.
(a) 
Application fee: $150.
(b) 
Escrow fee: $1,000.
[1] 
Additional escrow will be required if the services of the planner or the engineer are required.
(4) 
Minor site plan.
(a) 
Application fee: $250.
(b) 
Escrow fee: $2,500.
(5) 
Informal review. The initial escrow fee shall be 20% of the fee required under this chapter based on the type of application.
(a) 
Professional staff review meeting: $1,250 ($250 per professional).
(6) 
Major site plan, preliminary.
(a) 
Application fee: $450.
(b) 
Escrow fee: $3,000 plus $50 per residential unit; $3,000 plus $0.10 per gross square foot of building area for nonresidential buildings.
(7) 
Major site plan, final.
(a) 
Application fee: $450.
(b) 
Escrow fee: $3,000 plus $30 per residential unit; $3,000 plus $0.05 per gross square foot of building area for nonresidential buildings.
(8) 
Minor subdivision.
(a) 
Application fee: $250.
(b) 
Escrow fee: $4,000.
(9) 
Major subdivision, preliminary.
(a) 
Application fee: $450.
(b) 
Escrow fee: $5,000 plus $100 per lot.
(10) 
Major subdivisions final.
(a) 
Application fee: $450.
(b) 
Escrow fee: $5,000 plus $50 per lot.
(11) 
Amendments to previous approvals.
(a) 
Application fee: same as the original application classification.
(b) 
Escrow fee: 50% of escrow fee applicable as if it were a new application.
(12) 
Request for extension of approvals.
(a) 
Application fee: $150.
(b) 
Escrow fee: $1,500.
(13) 
Reviews performed by Township personnel.
[Added 5-25-2016 by Ord. No. 10-5-2016]
(a) 
Engineer fee: $115/hour to $135/hour.
(b) 
Planner fee: $95/hour to $115/hour.
C. 
In the event that an application is denied, certified incomplete or withdrawn by the applicant, and the application is subsequently resubmitted or a second application is submitted by the same applicant for the same use and on the same site as the original application within 60 days of the denial, incomplete certification or withdrawal, then a new escrow amount must be submitted with such application in accordance with the above schedules (with the exception of the application fee). Should an application be refiled after the application has been denied without prejudice, a new application fee must be submitted. Upon receipt of a formal, written request, the Board reviewing the application may recommend to the Township Council that the unencumbered balance of the original escrow be refunded to the applicant or credited toward the escrow amount required for any subsequent application or resubmitted application.
D. 
Sums not utilized in the review and inspection process or other costs of administration shall be returned to the applicant. If additional sums should be deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.
E. 
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for professional services employed by the Township to review applications for development, for municipal inspection fees in accordance with N.J.S.A. 40:55D-53 or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this chapter, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township receiving the money shall deposit it in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more that 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
F. 
The chief financial officer of the Township shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The Township approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection B of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed 100% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, or each of the professionals, by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.
(1) 
If the Township requires of the developer a deposit toward anticipated municipal expenses for these professional services, the deposit shall be placed in an escrow account pursuant to Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1). The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be established by ordinance. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with Subsection h of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).
G. 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service; and for each date the services performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the chief financial officer of the Township on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the Township. If the services are provided by a Township employee, the Township employee shall prepare and submit to the chief financial officer of the Township a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an information copy of all vouchers or statements submitted to the chief financial officer of the Township simultaneously to the applicant. The chief financial officer of the Township shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less; or on a monthly basis, if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the Township or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order to work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
H. 
The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the Township and the approving authority, and to the relevant Township professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the chief financial officer of the Township within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.
I. 
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that area reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
J. 
If the Township retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
K. 
Appeals.
(1) 
An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvement, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Township Engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that, if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
The County Construction Board of Appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the Township or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the Township, the approving authority, and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
(3) 
The County Construction Board of Appeals shall provide rules for its procedure in accordance with this section. The Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4) 
During the pendency of any appeal, the Township or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The chief financial officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
[Added 12-3-2002 by Ord. No. 40-11-2002]
The Township of Evesham Land Development Checklist in the form set forth in Appendix A to this chapter is hereby adopted. Applicants to all Boards governed by this chapter shall be required to complete the Checklist and submit same with all other application requirements.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
Any person who commences construction with respect to a site plan or a subdivision without Board approval or, once said approval has been granted, commences construction in violation of the conditions of said approval shall be punishable as provided in Chapter 1, General Provisions, Article I, of this Code. Each day that the violation occurs shall be deemed to be a separate violation.
In the Pinelands Area of Evesham Township, all applications for development approval reviewed under this article shall comply with the development standards of Chapter 160, Zoning, of the Code of the Township Evesham and also shall comply with the review procedures of Chapter 15, Land Use Administration, of the Code of the Township of Evesham.