An applicant shall notify, in writing, the governing body, with
copies to the Chief Financial Officer, the Planning Board and the
professional, whenever the applicant disputes the charges made by
a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall within a reasonable
time 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 pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to 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 copies
of the appeal to the municipality, Planning Board and any professional
whose charges are 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 N.J.S.A. 40:55D-53.2(c), 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 N.J.S.A. 40:55D-53.2(c).
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.