[Adopted 4-1-1985 by Ord. No. 85-2; amended 3-4-1991 by Ord. No. 91-1; 4-1-1996 by Ord. No. 96-2]
[Amended 10-6-2008 by Ord. No. 2008-5]
Escrow shall be deposited with the Township to cover the cost of any professional 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 P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Prior to an application being ruled complete, the following sum(s) shall be submitted, of which "fees" shall be paid to the Township and "deposits" shall be held in escrow:
A. 
Subdivision:
(1) 
Minor subdivisions.
(a) 
Application fee: $300.
(b) 
Review deposit: $500 for professional review, including the map revisions required by the subdivision.
(2) 
Preliminary major subdivision.
(a) 
Application fee: $500.
(b) 
Review deposit: $1,500 for professional review, plus $200 per lot.
(3) 
Final major subdivision.
(a) 
Application fee: $500.
(b) 
Review deposit: $1,500 for professional review, plus $200 per lot.
B. 
Conditional use:
(1) 
Application fee: $300.
(2) 
Review deposit: $500.
C. 
Site plan review:
(1) 
Minor site plan review.
(a) 
Application fee: $300.
(b) 
Review deposit: $1,000.
(2) 
Preliminary major site plan review.
(a) 
Application fee: $300.
(b) 
Review deposit: $1,000.
(3) 
Final major site plan review.
(a) 
Application fee: $300.
(b) 
Review deposit: $1,000.
D. 
Variance pursuant to:
(1) 
N.J.S.A. 40:55D-70c (bulk variance):
(a) 
Application fee:
[1] 
Application fee: $300 (residential).
[2] 
Application fee: $300 (commercial).
(b) 
Review deposit.
[1] 
Review deposit: $500 (residential).
[2] 
Review deposit: $1,000 (commercial).
(2) 
N.J.S.A. 40:55C-70d (use variance):
(a) 
Application fee:
[1] 
Application fee: $300 (residential).
[2] 
Application fee: $300 (commercial).
(b) 
Review deposit.
[1] 
Review deposit: $500 (residential).
[2] 
Review deposit: $1,000 (commercial).
E. 
Requests pursuant to N.J.S.A. 40:55D-35 and/or 40:55D-36 and the Township ordinance adopted in accordance therewith (street access):
(1) 
Application fee: $300.
(2) 
Review deposit: $500.
F. 
Appeals, if permitted, arising from a variance granted pursuant to N.J.S.A. 40:55D-70d, to the governing body in accordance with N.J.S.A. 40:55D-17:
(1) 
Application fee: $200.
(2) 
Review deposit: $500.
G. 
Any other appeals and/or applications permitted to be made to the Planning Board, inclusive of those made pursuant to N.J.S.A. 40:55D-70a and b, not described above:
(1) 
Application fee: $300.
(2) 
Review deposit: $500.
The municipality shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55-53.2. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
Whenever a term is used in this article which is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in the definition of such term in such statute, unless a contrary intention is clearly expressed from the context of this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-3 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All escrow funds shall be utilized by the Planning Board to pay the cost of any professional fees incurred by the Board for review and/or testimony. The term "professional," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to ensure that an application complies with the standards set forth in Township ordinances and experts whose testimony may be solicited to give further information to the Planning Board in any area addressed by any of the applicant's experts.
The following close-out procedure shall apply to all deposits in escrow accounts established under the provisions of P.L. 1975, c. 291 (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 escrow and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (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 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 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the applicant along with the final accounting. To facilitate the release of escrow, applicants are requested to submit a signed escrow release voucher with the development application.
No subdivision plat or deed, or site plan, shall be signed, nor shall any zoning permits, based on variances or interpretations of Chapter 115, Land Development, Part 3, Zoning, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:
A. 
All bills for reimbursable services have been received by the municipality from professional persons rendering services in connection with such applications; and
B. 
The applicant has reimbursed the municipality the excess by which the amount of the bills exceeds the amount escrowed. The applicant shall place on the record its agreement to be bound by the provisions of the Township's escrow ordinances.
No professional personnel submitting bills to the Township under this article shall charge for any of the services referred to therein at any higher rate or in any different manner from that which would normally be charged to the municipality for similar work. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment for services be delayed pending reimbursement of the Township by an applicant.
A. 
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 P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution.
B. 
Each payment charged on 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, the date(s) the service was performed, the number of hours spent performing the service, 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 of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.
C. 
The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and a cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform the required application reviews or improvement inspections, the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on a development or the application, the applicant shall within a reasonable time period 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 inspection shall be made and charged back against the replenishment of funds.
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 services rendered for the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period 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 under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to Section 15 of P.L. 1991, c. 256 (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 charge is the subject of the appeal. An applicant shall file an appeal within 45 days of receipt of the informational copy of the professional's voucher required by Subsection c of Section13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the professional's voucher, then the applicant shall file his appeal within 60 days of receipt of the municipal statement of activity against the deposit or escrow account required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six 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. 
The County Construction Board of Appeals is required to provide rules for the procedure by which it will hear such appeals, and by which it must render and file a decision thereon. An applicant who wishes to bring an appeal before the County Construction Board of Appeals should contact said Board for information regarding its rules and procedures.
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 normal course; and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plat or site plans, the reduction or release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal of this type described in this section has been filed or is pending. 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 the charges 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 the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
All ordinances, or parts of ordinances, which are inconsistent with the provisions of this article are hereby repealed to the extent of their inconsistency.