[Ord. No. 2008-13 § I]
Each application for development or appeal shall be accompanied
by payment of a nonrefundable application fee.
[Ord. No. 2008-13 § I]
In addition to the foregoing nonrefundable application fees,
all applicants for development shall establish one or more escrow
accounts with the municipality to cover all anticipated professional
and expert review and consultation fees and services of the municipality,
including testimony and costs of certified reporters and transcripts,
associated with the review and processing of the application. The
escrow fees shall be required for all applications for development,
and also for appeals pursuant to the Greenwich Township Driveway Ordinance.
A separate escrow account shall be established for inspections by
the Municipal Engineer of developments under construction.
[Ord. No. 2008-13 § I]
At the time of submitting an application for development and
periodically thereafter, the applicant shall make an initial deposit
to the escrow account in the amounts hereinafter provided and shall
execute an escrow agreement. The escrow agreement shall be in a form
prescribed by the Chief Financial Officer. All application fees and
escrow deposits must be paid prior to certification that the application
is complete. In the event that the amounts required to be posted by
this chapter are not sufficient to cover the municipality's estimated
anticipated professional charges associated with the application,
the Chief Financial Officer shall request additional escrow funds.
[Ord. No. 2008-13 § I]
After development approval and prior to commencement of any
construction or issuance of any certificate of occupancy, the applicant
shall enter into a development agreement/performance guarantee agreement
with the municipality and deposit to the review escrow account a continuing
deposit sufficient to pay for anticipated professional services in
connection with the development agreement.
[Ord. No. 2008-13 § I]
The Municipal Chief Financial Officer shall advise the administrative
officer of all escrow deposits made by any applicant, and the amount
thereof. If an escrow account or deposit contains insufficient funds
to enable the municipality 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,
10 days, 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.
[Ord. No. 2008-13 § I]
The escrow associated with each application shall be replenished
whenever the original escrow is reduced by charges or anticipated
charges against the account to 35% or less of the original amount.
The Chief Financial Officer shall notify the applicant to replenish
the escrow, and the applicant shall upon request deposit up to 100%
of the original escrow account. In addition to all of the above, if
the Chief Financial Officer shall determine that the estimated anticipated
cost of professional review and services exceeds any of the foregoing
amounts, the Chief Financial Officer shall require such additional
amounts as shall be required to cover such expenses. No further consideration,
review, processing or inspection shall be performed by or on behalf
of the Board until the additional escrow has been paid.
[Ord. No. 2008-13 § I;
amended by Ord. No. 2014-02]
The applicant may request an accounting of the expenses or fees
paid by him for professional review in writing to the administrative
officer. The applicant shall be responsible for any costs incurred
by the municipality in having its professional and administrative
staff prepare an accounting of the fees expended.
In the event the applicant believes the fees charged to be unreasonable,
the applicant shall pay such fees under protest, the Land Use Board
shall hear and decide at a public hearing whether such fees are reasonable
and the applicant may appeal the decision of the Land Use Board to
the municipal governing body provided the applicant shall provide
the governing body with that portion of the transcript of the Land
Use Board hearing on fees, at the applicant's cost, and the appeal
shall be on the record made before the Board. The governing body shall
consider the appeal in accordance with the provisions of N.J.S.A.
40:55D-17.
[Ord. No. 2008-13 § I]
An applicant or developer initiating a land use application
for development shall remain responsible for payment and replenishment
of all escrow deposits for professional application reviews or improvement
inspections in connection with such development, and for the construction
of all required improvements and related responsibilities, notwithstanding
any change or partial change in the ownership of the property which
is the subject of the application for development, unless and until
a new or amended escrow agreement and performance guarantee agreement
and/or maintenance agreement is entered into by the municipality,
the withdrawing applicant/ developer and the substituting applicant/developer,
and until a substituted performance and/or maintenance guarantee acceptable
to the municipality has been posted by the substituting applicant/developer
and accepted by the municipality.
[Ord. No. 2008-13 § I]
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the municipality for professional services employed
by the municipality to review applications for development, for municipal
inspection fees in accordance with subsection h of Section 41 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-53) or to satisfy the guarantee requirements
of subsection a of Section 41 of P.L. 1975, c. 291 (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 section, shall continue
to be the property of the applicant and shall be held in trust by
the municipality. Money deposited shall be held in escrow. The municipality
receiving the money shall deposit it in a banking institution or savings
and loan association in this state 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 municipality 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 municipality 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 municipality 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 municipality shall retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses.