There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Borough of Palmyra a Planning Board of nine members
consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment. One Class IV member may be a member
of the Board of Education.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of the office, whichever occurs first.
B.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such term shall be evenly distributed over the first
four years after their appointment as determined by resolution of
the governing body; provided, however, that no terms of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
C.
All terms shall run from January 1 of the year in which the appointment
was made.
The governing body may appoint two alternate members for Class
IV members who shall meet the qualifications of Class IV members.
Alternate members shall be designated by the Mayor at the time of
their appointment as "Alternate No. 1" and "Alternate No. 2." The
terms of the alternate members shall be for two years commencing from
January 1 of the year of their appointment, except that the terms
of the alternate members shall be such that the terms of not more
than one alternate member shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate member
first appointed exceed two years. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
Pursuant to the authority granted by P.L. 1975, c. 291, commonly
cited and referred to as the "Municipal Land Use Law," N.J.S.A.40:55D-1
et seq., as amended by P.L. 1994, c. 186, the Planning Board of the
Borough of Palmyra shall consist of nine members and shall exercise
to the same extent and subject to the same restrictions all of the
power of the Zoning Board of Adjustment. See Ordinance No. 1996-17.[1]
[1]
Editor's Note: Said ordinance is on file in the Borough offices.
Pursuant to N.J.S.A. 40:55D-25c(1), the Class I and III members
of such Planning Board shall not participate in the consideration
of applications for development which involve relief pursuant to Subsection
d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70d).
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A.
To make and adopt and from time to time amend a Master Plan for the
physical development of the Borough, including any areas outside its
boundaries which in the Board's judgment bear essential relation to
the planning of the Borough, in accordance with the provisions of
N.J.S.A. 40:55D-28, and to adopt an Official Map pursuant to N.J.S.A.
40:55D-32.
B.
To administer the land subdivision provisions of this code, those
portions dealing with condominium projects and the design and site
plan review provisions of this code in accordance with the provisions
of said code and the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1
et seq.).
C.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
F.
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning Board
by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant variances pursuant to Section
57c of c. 291, Laws of New Jersey 1975,[1] from lot area, lot dimensional, setback and yard requirements.
Whenever relief is requested pursuant to this subsection, notice of
a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
H.
To hear and decide applications for a conditional use. The term "conditional
use" shall mean a use permitted in a particular zoning district only
upon the showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this code. All uses contained in this code
designated as "special exceptions" shall be considered to be conditional
uses.
I.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
J.
Additional powers.
(1)
The Planning Board shall have such powers as are granted by N.J.S.A.
40:55D-70 to a board of adjustment and by law, including but not limited
to, the power to:
(a)
Hear and decide, by majority vote, appeals where it is alleged
by the appellant that there is error in any other requirement, decision
or refusal made by an Adiministrative Officer based on or made in
the enforcement of this chapter.
(b)
Hear and decide, by majority vote, requests for interpretation
of the Zoning Map or this code, or for decisions upon other special
questions upon which such Board is authorized by this code to pass.
(c)
Grant, by majority vote, a variance from the strict application
of the zoning regulations where by reasons of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any regulation in this code would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon,
the developer of such property, except that if the applicant requires
subdivision, site plan or conditional use approval by the Planning
Board, the request for a variance under these circumstances shall
be acted on by the Planning Board in conjunction with the subdivision,
site plan or conditional use application, provided that not more than
one lot is involved in the variance request. In no case shall a variance
be granted under this subsection to allow a structure or use in a
district restricted against such structure or use.
(d)
Grant a variance to allow a structure or use in a district against
such structure or use in particular cases and for special reasons,
but only by the affirmative vote of at least five members of the full
authorized membership of the Board.
(2)
No variance or other relief may be granted under the provisions of
this subsection unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and this code.
(3)
Any application under any subsection of this section may be referred
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Planning Board shall act.
Any variance from the terms of this chapter hereafter granted
by the Planning Board permitting the erection or alteration of any
structures, or permitting a specified use of any premises, shall expire
by limitation unless such construction or alteration shall have been
actually commenced on each and every structure permitted by said variance,
or unless such permitted use has actually been commenced within 12
months from the date of publication of notice of the decision; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Planning Board to the governing body, or to a court of competent
jurisdiction, until the termination in any manner of such appeal or
proceeding.
A.
Minor subdivisions. Minor subdivision approval shall be granted or
denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision, is filed by the developer with the County Recording Officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
B.
Preliminary approval of major subdivisions and site plans.
(1)
Upon submission of a complete application for subdivision of 10 or
fewer lots or a complete application for a site plan of 10 or fewer
acres, the Planning Board shall grant or deny preliminary approval
within 45 days of the date of such submission or within such further
time as may be consented to by the developer. Upon submission of a
complete application for a subdivision of more than 10 lots or submission
of a complete application of a site plan of more than 10 acres, the
Planning Board shall grant or deny preliminary approval within 95
days of the date of such submission or within such further time as
may be consented to by the developer; otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision
or site plan.
(2)
A public hearing shall be held at the preliminary approval stage
for subdivision. Applicants shall be guided by the notice and hearing
requirements as set forth in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. No hearings will be held with respect to minor subdivisions
or site plans at either the preliminary or final approval stages.
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary
powers before the granting of a variance, the Planning Board shall
grant or deny approval of the application within 95 days after submission
by the developer of a complete application or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute approval
of the application, and a certificate of the Adiministrative Officer
as to the failure of the Planning Board to act shall be issued on
the request of the applicant.
(2)
All applications to the Planning Board for a hearing and decision
on a conditional use shall be in accordance with the procedures, fee
structure, forms and evidentiary requirements set forth in this code
with respect to special exceptions.
D.
Final approval.
(1)
Application for final subdivision approval and final site plan approval
shall be granted or denied within 45 days of submission of a complete
application or within such further time as may be consented to by
the applicant.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of the signing of the plat.
A.
Applications for development within the jurisdiction of the Planning
Board pursuant to the provisions of c. 291, P.L. 1975, shall be filed
with the Secretary of the Planning Board. For the purpose of all filings
or other communications pertaining to the Planning Board of the Borough
of Palmyra, the Secretary of the Planning Board shall be the Administrative
Officer of said Board with the sole exception being the obligation
to furnish a list of property owners. The submission of all applications
shall be in accordance with the procedures set forth in the existing
developmental ordinances. The only changes in procedure with respect
to said ordinances will be as required under the provisions c. 291,
P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The design and site plan requirements of this code of the Borough
of Palmyra shall be interpreted to pertain to preliminary approval
of site plans only. When the applicant has obtained a preliminary
approval of his site plan or preliminary approval with conditions
of the site plan, the applicant shall file an application for final
site plan approval. A fee of $25 shall be paid, together with this
application. The applicant's plan shall be in accordance with the
criteria set forth in the Design and Site Plan Review requirements
of this code and shall set forth those conditions and requirements
imposed by the Planning Board at the time of preliminary approval.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV. The Board shall select a Secretary and
Assistant Secretary who may be members of the Board or municipal employees.
There is hereby created the office of Planning Board Attorney.
The Board may annually appoint and fix the compensation of or agree
upon the rate of compensation of the Board Attorney, who shall be
an attorney other than the Municipal Attorney.
A.
The Planning Board may annually employ or contract for the services
of experts and other staff and services as it may deem necessary.
The staff of the Board may include, but shall not be limited to, a
Clerk or Administrative Clerk. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
B.
Board Engineer. The Planning Board shall have the power, right and
responsibility to employ a licensed professional engineer, who may
but need not be the Borough Engineer, to advise the Board as to engineering
matters. Said appointee shall be answerable and responsible to the
Board. The term of such appointment shall be an annual appointment.
The Board Engineer shall be the advisor on engineering matters to
the Board he represents. The review, inspection and approval of all
construction made pursuant to any plats or plans approved by the Board
shall be the sole responsibility and duty of the Borough Engineer
or consultant as designated by the Borough.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member or alternate member of the Planning Board shall act
on any matter in which he has, either directly or indirectly, any
personal or financial interest. Whenever any such member shall disqualify
himself from acting on a particular matter, he shall not continue
to sit with the Board on the hearing of such matters nor participate
in any discussion or decision relating thereto.
A.
Meetings of the Planning Board shall be scheduled no less often than
once a month, and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et. seq.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for her as provided for in the
rules of the Board.
A.
Rules. The Planning Board may make rules governing the conduct of
hearings before such bodies, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths or issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witness and documents presented by the parties,
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.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof upon request to any interested party at his expense.
Hearings shall be required with respect to submission of a preliminary
plat for major subdivision and all applications to the Planning Board.
Whenever a hearing is required on an application for development,
the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality or in a newspaper of general circulation in the
municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located with 200 feet in
all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which the
applicant's land is located. Such notice shall be given by serving
a copy thereof on the owner as shown on the current tax duplicate
or his agent in charge of the property or by mailing a copy thereof,
by certified mail, to the property owner at the address as shown on
the current tax duplicate. A return receipt is not required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its President, a
Vice President, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located with 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owner of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the
County Planning Board of all hearings on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to Section 6b of c. 291, P.L. 1975.
G.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in a sum not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners of lands within this Borough to whom the applicant is required to give notice pursuant to § 158-62B of this chapter.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which resolution shall include
findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or, if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Borough Clerk who shall make
a copy of such filed decisions available to any interested party upon
payment of a fee calculated in the same manner as those established
for copies of other public document in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board. The applicant
shall pay an additional fee of $10 at the time of submission of his
initial application to cover this cost. Said notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or, if it is shown that taxes of assessments
are delinquent on said property, any approvals or other relief granted
by either Board shall be conditioned upon either the prompt payment
of such taxes or assessments or the making of adequate provision for
the payment thereof in such manner that the municipality will be adequately
protected.
The fees as required shall be continued until amended, with
the addition of those fees contained in this code. In the event that
an application contains a request for subdivision, variance and/or
site plan approval, the appropriate fee for each application made
and approval requested shall be submitted. Any charges made against
any escrow account by any professional on behalf of the Borough shall
be charged against the escrow at the same rate that said employee
charges the Borough or as specified by ordinance, whichever is lower.
In no event shall any charge against an applicant's escrow exceed
the rate of billing which that particular Borough professional charges
the Borough or the rate at which said person receives remuneration
from the Borough. Said charges shall be made in accordance with a
statement of fees and billing filed by each such professional employee
with the Borough. A statement setting the rate for Borough filling
when the professional employee is engaged will be adequate. Said statement
shall be held to be operative and in effect until supplanted by a
new statement of fees and charges filed by the professional and accepted
by the Borough. A copy of said statement or schedule shall be available
to each applicant upon request.
A.
Expiration of approvals.
(1)
Any approval from the terms of any developmental ordinance of the
Borough of Palmyra, including but not limited to this code, those
ordinances dealing with excavation and floodplain regulation[1] and Chapter 226, Soil Removal, shall expire unless construction shall have been actually commenced or completed in accordance with the provisions set forth below.
(2)
Any variance, conditional use permit, special exception, special
use permits interpretation of this code, decision with respect to
appeal from a decision of the Construction Official or other appropriate
official or any other construction official or other appropriate official,
or any other approval or decision under the Land Development Ordinances
of this Borough other than subdivision and site plan approvals shall
expire unless construction or alteration shall have been actually
commenced on each and every structure permitted by said approval or
unless such permitted use has actually been commenced within one year
from the date of approval by the approving authority.
(3)
Any subdivision or site plan approval shall expire within three years
from the date of preliminary plat approval if no application has been
filed for final approval or extension of the preliminary plat approval
granted by the approving authority in accordance with the provisions
of this chapter set forth below. If final plat approval has been granted,
this provision with respect to preliminary plat approval shall be
inapplicable, and the expiration of approval shall be governed as
is set forth below with respect to final plats.
(4)
Any subdivision or site plan approval shall expire within two years
from the date of final plat approval unless construction shall have
been actually commenced on those improvements, whether on-tract, off-tract,
on-site or off-site, required as part of the approval, as a condition
of the approval or shown on the plan presented for approval or plan
revised in accordance with the approval. Said improvements shall include
but not be limited to streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyors' monuments as required
by the Map Filing Law, 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 plan only, other on-site improvements
and landscaping. If the performance bond covering any of the above
improvements expires prior to the two-year period following final
plat approval without completion of the aforesaid improvements covered
by the bond, the approval shall expire with the expiration of the
bond.
B.
Extension of time period for approval. Any approval requiring an
improvement as is set forth above shall last for the life of the performance
bond and any extension of said bond. All improvements must be completed
during the effective life of the performance bond or the approval
shall expire. Any approval may be extended by resolution of the approving
authority. Any extension of preliminary or final approval of a site
plan or subdivision by the approving authority, pursuant to the Municipal
Land Use Law, shall automatically extend those time periods for expiration
of approvals as are set forth above.
C.
Completion of construction. All improvements set forth above must
be completed during the effective life of the performance bond guaranteeing
that improvements or the approval shall expire. Those improvements
which must be commenced during a period of time following approval
as is set forth above shall be completed in accordance with the building
permit or construction permit issued by the state or municipality,
within the time period set forth by such permit or the law authorizing
such permit, requiring continuation of work upon the premises, building
or use. A cessation of construction for a six-month period shall be
prima facie evidence of intent to abandon, at which time the approval
shall expire without hearing or notice unless the permit has been
renewed.
D.
Previously approved applications, uses and plans. Any previous approval
granted by the Zoning Board of Adjustment, the Planning Board or the
governing body of the Borough of Palmyra, wherein no construction
of the use approved or the improvements required by the approval has
commenced, shall expire on July 2, 1980, unless an extension is granted
by the interpretation of one of the provisions set forth in this section.
An appeal authorized under the provision of N.J.S.A. 40:55D-17
from any final decision of the Planning Board may be taken to the
governing body, provided that such appeal shall be made within 10
days of the date of publication of such final decision of the Planning
Board. Such appeal shall be made in accordance with the provisions
of N.J.S.A. 40:55D-17.
Immediately upon filing the notice of appeal with the Borough Clerk, the entity taking the appeal to the governing body pursuant to § 158-69 above shall deposit in escrow the sum of $50. The amount placed in escrow shall be up in an escrow fund to be placed with the Borough Treasurer. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect or make recommendations with respect to the appeal and the documents submitted therewith. Services to be paid out of the escrow fund shall include but not be limited to legal, engineering, planning, accounting and processing fees. The fees to be charged shall be made in accordance with a statement of fees filed by each professional employee with the Borough Clerk. If at any time the escrow fund shall be deemed by the Borough Treasurer to be insufficient to cover the actual or anticipated expenses with respect to the professional review, said funds shall be subject to increase on demand. If at any time it becomes evident that the escrow is or will be insufficient to cover the expenses of the Borough's professional personnel, the appellant shall increase the fund as required by the Borough. Sums not utilized in the review process shall be returned to the appellant. No decision shall be rendered by the governing body with respect to an appeal unless the escrow fund is sufficient to cover the actual or anticipated expenses with respect to the professional review.
