The application fee as set forth hereinabove is a flat fee to cover direct administrative expenses and other than professional services and is nonrefundable. The escrow account as set forth hereinabove is established to cover the cost of professional services, including but not limited to engineering, professional planning, stenographic shorthand reporting, legal, landscape consulting by landscape architects or other professionals, if appropriate, and other expenses connected with the review of submitted materials, the related hearing process and follow-up thereto, including costs incurred during any review of a concept plan. The applicant shall execute an escrow agreement to authorize payment of said expenses.
Sums not utilized in the review process shall be returned to the applicant within a reasonable period of time after the Finance Officer certifies that all professional services to be paid by escrow funds have been completed and billed. Unless the applicant otherwise requests, unexpended escrow deposits for concept reviews shall be credited against deposits due upon the filing of an application for development. If additional fees or escrow funds are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the account as required by the Planning Board or Zoning Board of Adjustment. Payment shall be due from the applicant within 15 days of receipt of the notice. If at the time of the hearing, the applicant is in default of any required escrow payments or fees, the board of jurisdiction may deny the application. At the request of the applicant, the municipal finance officer shall provide the applicant with a statement of all escrow fees received, a list of amounts charged to the escrow account, and the amount of the current balance in the account. Whether or not specifically so stated, the current payment of all escrow fees which become due shall be a condition of the approval of any application.
Where applicable, no construction permit or certificate of occupancy shall be issued until all escrow charges have been paid. All escrow charges which are due and owing shall become a lien upon the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the municipality. The municipality shall have the same remedies for the collection thereof with interest, cost and penalties as it has by law for the collection of taxes upon real estate. The applicant shall be responsible for all costs of collection of unpaid fees, including reasonable attorneys' fees. All escrow fees shall be administered by the municipality in accordance with the provisions of N.J.S.A. 40:55D-53.1.
Requests for waivers or modifications of application fees or escrow deposits shall be made to the Princeton Council and may be granted for good cause shown, such as, but not limited to, economic hardship, governmental relations, or in the interests of justice.