See also Chapter 19 for Environmental Impact Statement Requirements.
[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]
Type of Application
First Check Nonrefundable Application Charge
Second Check Applicant's Escrow Fund
1.
Informal (conceptual) review
$200 per meeting*
$1,500 (if professional review requested by the applicant)
2.
Subdivisions
Boundary line change or merger of portions of adjoining properties
$400
$1,500
Minor
$200, plus $250 per lot
$1,500 per lot
Preliminary major
$500, plus $200 per lot
$1,000 plus $400 per lot; minimum $3,000
Final major
$500, plus $100 per lot
$400 plus $150 per lot; minimum $1,500
3.
Site Plans
Site plan waiver
$200
$1,000
Minor
$350, plus $0.05 per square foot of proposed new building area, plus $0.01 per square foot of site area to be disturbed
$1,500
Preliminary major
$350, plus $0.10 per square foot of proposed new building area, plus $0.03 per square foot of site area to be disturbed
If the gross floor area of the building is 100,000 square feet or less-$2,000, plus $10 per 1,000 square feet of lot area, plus $10 per square foot of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet-$2,000, plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of the building.
Final major
50% of preliminary major site plan fee
If the gross floor area of the building is 100,000 square feet or less-$2,000, plus $3 per 1,000 square feet of lot area, plus $3 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet-$2,000,000, plus $1 per 1,000 square feet of lot area, plus $1 per 100 square feet of gross floor area of the building.
4.
Variances
a.
Appeal (N.J.S.A. 40:55D-70a)
$300 per meeting
$1,500
b.
Appeal (N.J.S.A. 40:55D-70b)
$300 per meeting
$1,500
c.
(1)
Bulk variance 40:55D-70c existing lots
$300, plus $100 per variance
$3,000
(2)
Bulk variance 40:55D-70c with site plan or subdivision
$300, plus $100 each additional variance
$3,000
d.
Use variance (N.J.S.A. 40:55D-70d)
$500
$3,000
5.
Permit for not abutting public street (N.J.S.A. 40:55-36)
$500
$3,000
6.
Extensions and amendments of approvals
a.
Application for extension of prior approval
$500 per meeting
$1,500
b.
Application for amendment to prior approval
$500 per meeting
$1,500
7.
On-tract and off-tract improvements
N/A
5% of the cost of the improvement
8.
Development agreement
N/A
$2,000
9.
Deposit for certified shorthand reporter
N/A
$300 per meeting
*
The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development, provided the application for development submitted is substantially the same as the concept plan.
[Ord. No. 2008-13 § I]
a. 
The applicant shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the developer shall deposit for the inspection fees an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
b. 
The municipal boards and governing body and the professionals employed by the boards or the municipality shall not review, act upon or consider any plan until such time as the initial fees and escrows are paid in full and the Township professionals shall not commence reviewing the application until he is advised that the fees and escrows have been paid.
[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.