AGREEMENT TO PAY FEES
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This Agreement made and entered on this _____ day of _____,
_____, between the Township of Upper Deerfield, a municipal corporation
of the State of New Jersey, and _______________, hereafter referred
to as "applicant" or "developer," is made upon the following terms
and conditions:
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1.
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Agreement to Pay Fees. Applicant/Developer hereby covenants
and agrees to pay all charges imposed by the Township of Upper Deerfield
in connection with the application of development which is being filed
herewith. Such fees include but are not limited to application fees,
attorney's review fees, engineer's review fees, planner's review fees,
outside consultant fees, if any, court stenographer fees, copy costs,
and postage.
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2.
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Escrow Deposit. The Township of Upper Deerfield hereby acknowledges
receipt of $_____, said sum being a cash deposit to be placed in an
escrow account established by the Township of Upper Deerfield to cover
the cost of the aforementioned review fees. Such sums shall be charged
periodically as fees and charges accrue, and the balance of the escrow
sum, if any, after all charges and fees have been paid shall be returned
to the applicant/developer.
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3.
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Additional Payments. The applicant/developer agrees to pay any
additional sum required to pay charges and fees not covered by the
escrow deposit within 15 days after receipt of billing by the Township
of Upper Deerfield. The applicant understands and agrees to pay such
sums notwithstanding any dispute as to the reasonableness of fees
or charges. Payment shall not constitute a waiver of the right to
challenge the reasonableness of the charges and fees as set forth
below.
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4.
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Contest of Reasonableness. The applicant agrees that the reasonableness
of any fee or charge may be challenged by and appropriate legal action
may be brought within 45 days from the date the applicant receives
notice that additional fees are due and owing to the Township of Upper
Deerfield. Efforts to resolve any dispute as to the reasonableness
of fees shall be undertaken in accordance with N.J.S.A. 40:55D-53.2a
and, if such resolution cannot be achieved, then the applicant can
appeal to the County Construction Board of Appeals in accordance with
N.J.S.A. 52:27D-127.
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5.
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Disposition of Required Deposit. All sums paid as deposits for
escrow fees under this ordinance shall be deposited and applied in
accordance with N.J.S.A. 40:55D-53.1.
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6.
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Fees to be charged. The hourly rates for professionals under
this agreement to be paid from the escrow under this agreement shall
be as follows:
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A.
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Planning Board Solicitor: $125 hourly.
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B.
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Township Planner: $125 hourly.
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C.
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Township Engineer: $125 hourly.
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D.
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Planning Board Engineer: $125 hourly.
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E.
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Stenographer fees: at cost.
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`
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F.
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Outside professionals — including but not limited to traffic
engineers, environmental, architectural, archeological or historical
experts or others: at cost.
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Any other fees for professionals or services needed in order
to review an application not set forth herein shall be established
by the Planning Board by resolution.
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