[Added 2-27-85 by Ord. No. 0-6-85[1]]
[1]
Editor's Note: This ordinance also renumbered former Art. VI as Art. VII and §§ 40-43 through 40-50 as §§ 40-47 through 40-54.
A. 
The schedule of fees as set forth are nonrefundable and are to pay for the administrative costs incurred by the Township in processing applications.
B. 
The escrow accounts as set forth below are to pay the cost of professional review by the Engineer, Solicitor and other professionals employed by the approving authority to review and make recommendations on an application for development.
C. 
At the time of submitting an application to the Planning Board Secretary or designee, the applicant shall be required to execute an escrow agreement with the approving authority to cover all necessary and reasonable costs incurred for the technical and professional review. The amounts specified for escrow are estimates which shall be paid prior to certification of a complete application. In the event an additional amount is required for more than the amount specified in the escrow agreement, the applicant shall pay all additional sums required prior to being permitted to proceed further in the approval process.
[Amended 3-27-91 by Ord. No. 0-6-91; 7-21-98 by Ord. No. 0-14-98]
D. 
Escrows.
[Added 7-21-98 by Ord. No. 0-14-98]
(1) 
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in Section 40-44. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill. It is expressly understood that no work shall be performed on any application unless and until the escrow deposit amount posted satisfies the conditions of this section and N.J.S.A. 40:55D-1 et seq.
(2) 
Scope of reimbursed services. The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to: drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals.
(3) 
Deposit of escrow funds: refunds. Deposits received from any applicant in excess of five thousand dollars ($5,000.) shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professsionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. All escrow deposits shall be placed in a banking institution or Savings and Loan Association in the State of New Jersey insured by an agency of the Federal Government, or in any other fund or depository approved for such deposits by the State of New Jersey. The interest bearing account shall be 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 one hundred dollars ($100.) for the year. If the amount of interest exceeds one hundred dollars ($100.), the 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 for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third percent (33 1/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within ninety (90) days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
(4) 
Payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter (1/4) increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to (1) the applicant and (2) the municipal agency for whom said services were performed.
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are one thousand dollars ($1,000.) or less, or on a monthly basis if monthly charges exceed one thousand dollars ($1,000.). 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 ten (10) business 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.
(5) 
Payments requirement prior to issuance of permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
(6) 
Close out procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within thirty (30) days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five (45) days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.
(7) 
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with State agency is necessary due to the effect of State approvals on the subdivision or site plan.
(8) 
Inspection Fees.
[Amended 6-26-18 by Ord. No. O.2018-015]
(a) 
The obligor shall reimburse the Township for reasonable inspection fees paid the Township Engineer for the foregoing inspection of improvements.
(b) 
The developer shall post the inspection fees in escrow in an amount:
[1] 
Not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five percent (5%) of the cost of bonded improvements that are subject to a performance guarantee; and
[2] 
Not to exceed five percent (5%) of the cost of private site improvements that are not subject to a performance guarantee.
(c) 
If the Township determines that the amount in escrow for the payment of inspection fees, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(9) 
Substitution of professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
(10) 
An estimate of improvement cost shall be prepared by the Township Engineer in order to determine the amount of the performance guaranty, which shall be reviewed and have the approval of the Township Solicitor as to both form and amount prior to the issuance of any permits.
[Amended 6-26-18 by Ord. No. O.2018-015]
(11) 
Appeal.
(a) 
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing the applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.1. 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 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 a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher required by subsection 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 (6) 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.
(b) 
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(c) 
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
[Amended 3-27-1991 by Ord. No. O-6-91; 2-25-1997 by Ord. No. O-2-97; 7-21-1998 by Ord. No. O-14-98; 4-24-2007 by Ord. No. O-11-07; 2-19-2008 by Ord. No. O-07-08; 6-24-2008 by Ord. No. O-24-08; 6-24-2008 by Ord. No. O-30-08; 9-9-2008 by Ord. No. O-30-08; 5-25-2010 by Ord. No. O-2010-017; 6-26-2012 by Ord. No. O-2012-021; 6-24-2014 by Ord. No. O-2014-016; 11-24-2015 by Ord. No. O-2015-022; 4-23-2019 by Ord. No. O-2019-011; 4-23-2019 by Ord. No. O-2019-011; 3-8-2022 by Ord. No. O-2022-007; 3-26-2024 by Ord. No. O-2024-007; 4-22-2025 by Ord. No. O-2025-009]
A. 
Site plan review.
(1) 
Minor site plan.
(a) 
Application fee: $425.00
(b) 
Initial Escrow: $5,000.00
(2) 
(Reserved)
(3) 
Major site plan, preliminary.
(a)
Application fee:
$750.00
(b)
Initial escrow:
$750.00 per acre or fraction thereof which is the subject of the site plan or affected by the site plan submitted for review, with a minimum of $7,000.00 for legal, engineering and planning review for a major site plan application.
(c)
Tax Map and GIS database update fees:
Refer to § 40-44Q
(4) 
Major site plan, final.
(a)
Application fee:
$750.00
(b)
Initial escrow:
$500.00 per acre or fraction thereof which is the subject of the site plan or affected by the site plan submitted for review, with a minimum of $5,000.00 for legal, engineering and planning review for a major site plan application.
(c)
Tax Map and GIS database update fees:
Refer to § 40-44Q
(5) 
Amended or resubmitted site plan.
(a) 
Amended or resubmitted minor site plan.
Application fee: $100.00
Initial escrow: A fee of twenty-five percent (25%) of the original escrow amount.
(b) 
Amended or resubmitted major site plan.
Application fee: $250.00
Initial escrow: The applicant shall deposit a sum sufficient to bring the balance in the escrow account to its originally required escrow deposit.
B. 
Subdivision review.
(1) 
Minor subdivision.
(a)
Application fee:
$425.00
(b)
Escrow:
The applicant shall deposit $4,000.00 for legal and engineering review.
(c)
Tax Map and GIS database update fees:
Refer to § 40-44Q
(2) 
Major subdivision, preliminary.
(a)
Application fee:
$750.00 (nine (9) lots or less).
$1,000.00 (ten (10) lots or more).
(b)
Escrow:
$3,000.00 plus $350.00 per lot.
(3) 
Major subdivision final.
(a)
Application fee:
$500 (nine lots or less).
$750 (10 lots or more).
(b)
Escrow:
$3,000, plus $150 per lot
(c)
Tax Map and GIS database update fees:
Refer to § 40-44Q
(4) 
Resubmitted or amended subdivision.
(a) 
Amended or resubmitted minor subdivision.
[1] 
Application fee: $100.00
[2] 
A fee of twenty-five percent (25%) of the original escrow amount.
(b) 
Amended or resubmitted major subdivision.
[1] 
Application fee: $250.00
[2] 
The applicant must deposit a sum sufficient to bring the balance in the escrow account to its originally required escrow deposit.
C. 
Variance application fees.
(1) 
N.J.S.A. 40:55D-70a: $350.00
(2) 
N.J.S.A. 40:55D-70b: $350.00
(3) 
N.J.S.A. 40:55D-70c: $350.00
(4) 
N.J.S.A. 40:55D-70d: $350.00 with an initial escrow of a minimum of $2,500.00 for legal, engineering and planning review for a use variance application.
D. 
Department of Municipal Utilities Review escrow pursuant to Section 221-6.2 and/or Section 284-40.1: $5,000.00
E. 
Extension of prior approvals.
Application fee: $250.00.
Escrow fee: $1,000.00.
F. 
Specialized expert testimony. When the applicant intends to present specialized expert testimony which is beyond the expertise of the staff and consultants serving the approving authority, the applicant shall be required to increase the escrow account by a minimum of one thousand dollars ($1,000.) for each such expert who will testify, in order to enable the approving authority to hire expert consultants to review this testimony.
G. 
Conditional uses.
(1) 
Any conditional use requiring a site plan shall pay the same fees and escrows as in a major site plan.
(2) 
Any conditional use not otherwise requiring a site plan or subdivision approval:
(a) 
Application fee: two hundred fifty dollars ($250.)
(b) 
Escrow amount: $1,500.00 for legal, engineering and planning review.
(3) 
Tax Map and GIS database update fees: refer to § 40-44Q.
H. 
Forestry permits. See Section 296-74.
I. 
Waiver of a formal site plan.
Applicant appearing before Planning Board or Zoning Board of Adjustment to seek a waiver of formal site plan, either minor or major.
(a)
Application fee:
$250.00
(b)
Initial escrow:
$2,500 for legal and engineering review
J. 
Discussions on agenda.
Any Township expenses incurred will be the responsibility of the person requesting the discussion.
Fee: $100.00
K. 
Informal concept review.
Application fee: $1,000.00
Escrow fee: $1,000.00
L. 
Amended resolution.
(For extension): $250.00
M. 
(Reserved)
N. 
Zoning permits.
(1) 
Residential: $30.
(2) 
Commercial: $50.
(3) 
Engineering escrow fee: for grading inspection of single-family dwelling ($500 00) or per each townhouse unit ($250.00).
O. 
Change of use review.
(1) 
Application fee: $300.00
(2) 
Initial escrow: $350.00 per acre or fraction thereof which is the subject of the site plan or affected by the site plan submitted for review, with a minimum of $1,500.00 for legal, engineering and planning review for a change of use application.
(3) 
(Reserved)
P. 
Planned Unit Development (PUD).
(1) 
Application for Preliminary or Final PUD Approval:
(a) 
Application fee: $1,500.00
(b) 
Initial escrow: $750.00 per acre or fraction thereof which is the subject of the site plan and/or subdivision or is affected by the site plan and/or subdivision submitted for review, with a minimum of $37,500.00 for legal, engineering and planning review.
(2) 
Application for Amended PUD Approval:
(a) 
Application fee: $750.00
(b) 
Initial Escrow: $15,000.00 for legal, engineering and planning review.
Q. 
Tax Map and GIS database updates.
(1) 
Any applicant and/or developer for any approval which may result in the creation of any new lots, revision of any existing lots, and/or any other alterations to the tax map/GIS database, shall be responsible for paying all reasonable charges incurred by the Township in updating/revising/altering said tax map/GIS database, These costs shall include, but not be limited to, update to the GIS database, revisions to existing tax map plates, creation/addition of new tax map plates, appropriate revisions to the Key Map(s), reprographic services for applicable Township, county and state submission copies, as well as any reasonable shipping and handling fees involved. These costs shall be in accordance with the fee schedule as defined in § 40-44A through Q(2).
(2) 
Prior to the Township signing final plan of lots or deed, including applicants filing a deed of consolidation, the applicant and/or developer shall be required to make a deposit with the Township as hereinafter provided and execute an escrow agreement to defray the costs to the Township of all necessary and reasonable costs incurred for the express purpose of updating/maintaining the tax maps/GIS database, as directed by the Tax Assessor. All escrow fees must be posted in accordance with the fee schedule as defined in § 40-44A through Q(2).
(a) 
$75 per lot minor subdivisions (five lots or less).
(b) 
$30 to $50 per lot for major subdivision and condominium unit(s) dimensioning and detailing (six lots or more), further broken down as follows:
[1] 
$65 per lot for six to 25 lots.
[2] 
$45 per lot for 26 to 75 lots.
[3] 
$40 per lot for 76 to 125 lots.
[4] 
$35 per lot for 126 to 175 lots.
[5] 
$30 per lot for 176 or more lots.
[6] 
$50 per lot or per change for each lot/tax map revision due to deed discrepancies, lot line adjustments, easement detailing, ownership labeling, acreages calculation and labeling street name changes and other minor revisions.
(c) 
$800 per commercial site plan.
(d) 
$1,000 per condominium site plan plus $20 per unit for residential condominium projects.
(e) 
$1,000 for printing/plotting of final deliverables, as outlined herein.
(3) 
All approved applicants must supply a map of the new subdivision or new lot in a scale suitable for inclusion the Township tax map/GIS database. Said map must be submitted in both electronic and hardcopy formats and must be compliant with all current New Jersey map filing law guidelines. All electronic files must be submitted in their native file format, which is in accordance with the N.J.A.C. 13:40-8.1A and the current NJDEP GIS Mapping and Digital Data Standards. All electronic file submissions must also confirm to the Township electronic files submission ordinance. All escrow fees shall be posted in accordance with the fee schedule as defined in § 40-44A through Q(2).
R. 
Zoning verification letter: $50.00 per parcel.
[Amended 3-27-91 by Ord. No. 0-6-91]
The Planning Board Secretary or designee shall maintain an itemized account for each application and shall upon the request of the applicant, supply a copy of said account.
A. 
No construction, including clearing of any lands, buildings, structures, site improvements (whether on site or off site) or other work, shall be commenced on any site for which an approval is required pursuant to this chapter until an inspection escrow in the amount not to exceed, except for extraordinary circumstances, the greater of five hundred dollars ($500.) or five percent (5%) of the cost of improvements, which cost shall be determined in accordance with N.J.S.A. 40:55D-53.4. Such cost shall be estimated by the engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the engineer's estimate to the construction board of appeals established pursuant to N.J.S.A. 52:27D-127.
[Amended 2-27-96 by Ord. No. 0-2-96]
B. 
For those developments for which the reasonably anticipated fees are less than ten thousand dollars ($10,000.), fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer, shall be fifty percent (50%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the engineer for inspection, the developer shall deposit the remaining fifty percent (50%) of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand dollars ($10,000.) or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five percent (25%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the engineer for inspection, the developer shall make additional deposits of twenty-five percent (25%) of the reasonably anticipated fees. The engineer shall only perform inspections when the Board Secretary to the Planning Board or Zoning Board, after having received the engineer's estimate on fees for such inspection, certifies that sufficient monies are on deposit to cover the costs of the inspection. The engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
[Amended 3-27-91 by Ord. No. 0-6-91; 2-27-96 by Ord. No. 0-2-96]
C. 
The inspection escrow shall be deposited by the Planning Board Secretary or designee in an account for such purposes under the sole control of the Township. Said inspection escrows may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept so as to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer, or such other officials designated including the Township Attorney, for preparation of bond-reduction resolutions, approval of guaranties, and other related services.
[Amended 3-27-91 by Ord. No. 0-6-91]
D. 
Upon certification by the Planning Board Secretary or designee that the inspection escrow account funds have been expended and that reasonable inspection costs and expenses remain, the developer shall be required to deposit such additional inspection fees in the inspection escrow account as may be reasonably required to complete the balance of the inspection during the course of construction. Failure to post and maintain the current balances of the inspection escrow pursuant hereto will subject the developer to a stop-construction order and/or suspension of construction permits and/or no issuance of certificates of occupancy.
[Amended 3-27-91 by Ord. No. 0-6-91]
E. 
At the time of the final performance guaranty reduction, the developer may request the return of any excess inspection escrows. The Township shall then retain seven percent (7%) of the amount of the maintenance guaranty for inspection prior to release of the maintenance guaranty, and the balance, if any, shall be returned to developer.
[Added 4-25-00 by Ord. No. 0-8-2000]
A. 
Disabled person shall be defined as a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416), or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), or is rated as having a sixty percent (60%) disability or higher pursuant to any Federal law administered by the United States Veteran's Act. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees shall be considered as having a central visual acuity of 20/200 or less.
B. 
No person shall be charged a construction permit fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained therein.
C. 
The Planning Board or Zoning Board shall waive application fees as same relate to construction, reconstruction, alteration or improvements designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained therein. In the discretion of the Planning staff, escrows for professional fees also may be waived for this purpose.
D. 
A disabled person, or a parent or sibling of a disabled person, shall not be charged for a permit for any reasonable and necessary construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit for such disabled person.
E. 
Effective date. This section shall be made effective retroactive to March 1, 2000. Any fees paid since that date for improvements to property for individuals with disabilities shall be refunded.