[Amended 2-15-1982 by Ord. No. 82-2; 4-6-1987 by Ord. No. 87-1; 3-20-1989 by Ord. No. 89-6; 4-5-1993 by Ord. No. 93-2]
B.
Procedure.
[Added 9-6-1996 by Ord. No. 96-11]
(1)
The application fees and escrow fees recited hereinabove
as minimums must accompany the application. An application shall not
be deemed complete until the application fee and escrow fee required
have been paid. The Planning Board shall exercise its discretion in
establishing the figure required for the escrow fund in the event
that the project will require more time for review than has been provided
for by the figures recited hereinabove or the project is of a nature
that is not expressly included in one of the aforementioned categories.
(2)
Application fees and escrow fees must be submitted
in separate checks payable to "Woolwich Township." The escrow fee
shall be forwarded to the Chief Financial Officer of Woolwich Township
for deposit into a developer's escrow account. The application fee
shall be deposited into the Planning Board account until the end of
the month, at which time the moneys in said account shall be submitted
to the Treasurer of Woolwich Township for deposit into the general
account of Woolwich Township.
(3)
The escrow fee shall be retained in order to cover
the cost of any professional services rendered to Woolwich Township,
the Woolwich Township Planning Board or the Woolwich Township Board
of Adjustment for review of applications for development, review and
preparation of documents, inspection of improvements or other purposes
permitted pursuant to the provisions of N.J.S.A. 40:55D-1 et seq.
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 of construction. Review fees shall be charged only
in connection with an application for development presently pending
before the Planning Board or Board of Adjustment 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. If Woolwich Township, the Woolwich
Township Planning Board or the Woolwich Township Board of Adjustment
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 the Planning Board
or the Board of Adjustment shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Township, Planning Board or Board of Adjustment
shall not bill the applicant or charge the deposit or the escrow account
for any such services.
(4)
The Township shall be reimbursed for all payments
to independent consultants in accordance with N.J.S.A. 40:55D-53.2.
If the salary, staff support and overhead for a municipal professional
are provided by the Township, the charge shall be the maximum permitted
pursuant to the provisions of N.J.S.A. 40:55D-53.2. 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.
(5)
All escrow funds shall be utilized by the appropriate
Board to pay the cost of any professional fees incurred by the Board
for review and/or testimony. The term "professional," as used herein,
shall include the services of a duly licensed engineer, surveyor,
planner, attorney, appraiser or other expert who would provide professional
services to ensure that an application complies with the standards
set forth in Township ordinances and experts whose testimony may be
solicited to give further information to the approving Board in any
area addressed by any of applicant's experts.
(6)
The following closeout 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 appropriate Board 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,
to the approving Board 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 within 30 days and shall send
a copy simultaneously to the applicant. The Chief Financial officer
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. To facilitate the release of escrow, an applicant shall
submit a signed escrow release voucher with the development application.
(7)
The Chief Financial Officer shall make all of the
payments to professionals for services rendered to the municipality
or approving Board 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). 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-fourth-hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer on a monthly basis
in accordance with schedules and procedures established by the Chief
Financial Officer. If the services are provided by a Township employee,
the Township employee shall prepare and submit to the Chief Financial
Officer a statement containing the same information as required on
a voucher on a monthly basis. The professional shall send an informational
copy of all vouchers or statements submitted to the Chief Financial
Officer simultaneously to the applicant. The Chief Financial Officer
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 shall
provide the applicant with a notice of the insufficient escrow or
deposit balance. In order for 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 Township 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.
(8)
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 Township in reviewing
applications for development, review and preparation of documents,
inspection of improvements 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 Township professional or consultant or the cost
of the installation of improvements estimated by the Municipal 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, the 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 professional's voucher,
the applicant shall file his appeal within 60 days from receipt of
the Township 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.[1]
[1]
Editor's Note: Original Section 8.02 containing
fees and Section 8.03, Remedies and Penalties, were deleted 4-5-1993
by Ord. No. 93-2.
