Whenever a term is used in this chapter which
is defined in c. 291, P.L. 1975,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 3-25-1980; amended 3-31-1992]
A.
Performance guaranties.
(1)
"Performance guaranty" means any security which may
be accepted by the township, which shall be limited to letters of
credit and cash as permitted by N.J.S.A. 40:55D-53.5, 40:55D-53.3,
40:55D-6, 40:55D-53 and other applicable laws.
[Amended 4-25-1995]
(2)
It may be required as a condition of approval of an
application for development or the issuance of a zoning permit that
a performance guaranty shall be posted by the applicant to guarantee
the installation of improvements. Whenever the posting of a performance
guaranty in favor of the municipality is required, the amount thereof
shall not exceed 120% of the cost of installation, which cost shall
be estimated by the Municipal Engineer based on documented construction
costs for public improvements prevailing in the general area of the
township in accordance with N.J.S.A. 40:55D-53 or other applicable
section of the Municipal Land Use Law. The developer may appeal the
Municipal Engineer's estimate to the governing body. The governing
body shall decide the appeal within 45 days of receipt of the appeal,
in writing, by the Municipal Clerk.
(3)
Upon the substantial completion of all required improvements
and connection of the same to the public system, the obligor may request
of the Township Committee, in writing, an approval of the improvements
and a release of the performance guaranty pursuant to the provisions
of N.J.S.A. 40:55D-53.
(4)
If any portion of any required improvements is rejected
by the township and the township is forced to complete such improvements
with the proceeds of the performance guaranty, such completion of
improvements shall not be subject to the bidding requirements of the
Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1
et seq.
(5)
Right to require performance guaranties prior to final approval. The reviewing municipal body may require an applicant to post guaranties with the township as a condition of preliminary site plan, preliminary subdivision or conditional use approval, in accordance with § 15-38.1 of the Code of the Township of Hampton. Said guaranties may be required as a condition of preliminary subdivision approval or preliminary site plan approval if municipal property, roads or drainage or county roads or drainage is affected by an improvement to be undertaken prior to final approval.
(6)
Obligation of developer to remove snow and ice from
subdivision streets and site plan streets. The applicant shall furnish
the following as a condition of preliminary subdivision approval:
[Added 6-28-1994]
(a)
A letter from the applicant agreeing to remove
all snow and ice from any street in said development upon which a
residence has been constructed within eight hours of daylight after
the same shall fall or be formed thereon as a continuing obligation
until such time as any such street or streets have been accepted by
the Township of Hampton.
(b)
The applicant shall post a performance guaranty
in a form acceptable to the Township Committee, either a letter of
credit, a performance bond or, if the applicant chooses, cash in the
amount of $1,000 guaranteeing the applicant's obligation to remove
snow and ice from new streets in the subdivision prior to their acceptance
as township streets by the Township Committee as set forth in the
preceding subsection. If the applicant fails to remove the snow and
ice as aforesaid, the township may remove the snow and ice and charge
the applicant or the performance guaranty for the cost thereof.
B.
Upon substantial completion of all required appurtenant
utility improvements and the connection of the same to the public
system, the obligor may notify the Township Committee in writing of
such completion or substantial completion as provided for in N.J.S.A.
40:55D-53d, and, after inspection and report of the Municipal Engineer,
the Township Committee may approve, partially approve or reject the
improvements. Where partial approval is granted, the bond of the obligor
may be reduced, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
C.
Maintenance guaranties.
(1)
"Maintenance guaranty" means any security which may
be accepted by the township for the maintenance of any improvements
required as a condition of approval of an application for development
or for the issuance of a zoning permit pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., which shall be limited to letters
of credit and cash as permitted by N.J.S.A. 40:55D-53.5,
40:55D-53.3, 40:55D-6, 40:55D-53 and other applicable laws.
[Amended 4-25-1995]
(2)
Whenever the posting of a maintenance guaranty is
required pursuant to the terms of the Land Subdivision or Site Plan
Review Chapters, said guaranty shall be posted for a period not to
exceed two years after the final acceptance of the improvement in
an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53. In the event
that other government agencies or public utilities automatically will
own the utilities to be installed or the improvements are covered
by a performance or maintenance guaranty to another governmental agency,
no maintenance guaranty shall be required by the municipality for
such utilities or improvements.
(3)
If any correction or reconstruction of any such improvement
is necessary and is to be performed by the township with the proceeds
of any maintenance guaranty, the cost thereof shall not be subject
to public bidding requirements under the Local Public Contracts Law,
provided that no public funds are expended.
[Added 3-25-1980; amended 9-26-1995]
The applicant shall reimburse the township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes provided for under the provisions of N.J.S.A. 40:55D-1 et seq. and in § 56-6 of the Hampton Township Code.
[Added 7-31-1984; amended 10-10-1989]
A developer, as a condition of approval of an
application for development, may be required to pay impact fees or
a pro rata share of the cost of providing only reasonable and necessary
street improvements, transportation improvements, water facilities,
sewage facilities, drainage facilities, educational facilities, open
space, recreational facilities, cultural facilities, fire protection
facilities and general municipal or public facilities and easements
therefor located outside the property limits of the development but
reasonably related to construction or improvements within the development
as set forth herein.
A.
Improvements to be constructed at the sole expense
of the developer. In cases where an off-tract improvement or improvements
are reasonably related to construction or improvements within the
development and where no other property owners receive a special benefit
thereby, the reviewing municipal board shall require the developer,
as a condition of approval, at the developer's sole expense, to provide
for and construct such improvements as if such were on tract improvements
in the manner provided hereafter and as otherwise provided by law.
B.
Contributions by developer toward required off-tract
improvements.
(1)
In cases where an off-tract improvement or improvements
are reasonably related to construction or improvements within the
development and where the Planning Board determines that properties
outside the development will also be benefited by the improvements,
such determination shall be made by the reviewing municipal board,
in writing. Such resolution or determination of the board shall specify
the off-tract improvement or improvements which are reasonably related
to construction or improvements within the development and the terms
and conditions which shall be imposed upon the developer to ensure
the successful and reasonable implementation of the same. General
criteria to be considered by the reviewing municipal board include
the total cost of the off-tract improvement, the benefits conferred
and the needs created by the development, the population and land
use projections for the general area of the developer's property and
other areas to be served by the off-tract improvement, the estimated
time for construction and the condition and periods of usefulness
of the improvement, which periods may be based in part upon the criteria
of N.J.S.A. 40A:2-22. In addition, the need to protect the health,
safety and general welfare of the township and the area should be
considered as well as the township development ordinances and Master
Plan. The board may seek the assistance of the Board Attorney, Engineer
and any other consultants, qualified experts or township officials.
(2)
In the event that the reviewing municipal board determines
that one or more improvements constitute off-tract improvements, the
Board shall notify the Township Committee, specifying the Board's
recommendation relative to the estimated cost of the same, the developer's
prorated share of the cost and possible methods or means to implement
the same, including but not limited to performance and maintenance
guaranties, cash contributions, development agreements, construction
by the developer or construction by the township.
(3)
The reviewing board shall not grant final approval
on the development until all aspects of such conditions have been
mutually agreed upon by both the developer and the Township Committee
and a written resolution to that effect by the Township Committee
has been transmitted to the reviewing municipal board.
C.
Methods of construction. When the recommendation of
the reviewing municipal board is received by the Township Committee
together with estimates of the cost of construction, the Township
Committee shall then decide whether the off-tract improvement is to
be constructed by the township as a general improvement; by the township
as a local improvement; by the applicant solely; or by the applicant
under a formula providing for partial reimbursement by the township
for benefits to properties other than the development.
D.
Methods of implementation.
(1)
Performance and maintenance guaranties. The reviewing
municipal board may require a performance guarantee and/or maintenance
guarantee to insure the construction of an off-tract improvement as
a condition of approval of the development.
(2)
Developer's agreement. The reviewing municipal board
may require as a condition of approval a developer's agreement to
be entered into between the applicant and the Township Committee governing
the installation of improvements within and outside of the development,
including off-tract improvements. Said agreement shall be approved
as to form by the reviewing municipal board, Board Attorney and Board
Engineer. The agreement shall specify the manner of construction of
the improvements, the amount of cash contributions and amount and
form of performance and maintenance guaranties, the timing of the
installation and payment of contributions and the posting of performance
guaranties and maintenance guaranties and other appropriate obligations
of the parties.
(3)
Cash contributions; method of payment. Where a cash
contribution is required by this chapter, such contributions shall
be deposited with the Treasurer of the township with a copy of the
applicant's transmittal letter forwarded to the Township Committee,
the Township Engineer and the Planning Board. Any and all moneys received
by the Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where the township has
received funds from a developer for the purpose of providing facilities,
the township shall deposit those funds in an interest-bearing bank
account until used. If the township has not expended those funds in
10 years after collection, the funds shall be returned to the developer
with accrued interest pursuant to N.J.S.A. 40:55D-53.1, upon application
of the developer for the return of the funds.
(4)
Cash contributions when not required. Cash contributions
for off-tract improvements shall not be required under the following
conditions:
(a)
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the township.
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-tract improvement
provided.
(c)
Where the applicant, where permitted by the
reviewing municipal board, undertakes the improvement in lieu of the
township, subject to standards and other conditions as may be imposed
by the board and Township Committee.
(5)
Pro rata formula for determining applicant's share
of off-tract improvements. Where an off-tract improvement is required,
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
(a)
Streets; circulation improvements. Street widening,
alignment, corrections, channelization of intersections, constructions
of barriers, new or improved traffic signalization, signs, curbs,
sidewalks, trees, utility improvements not covered elsewhere and the
construction of new streets and other similar street or traffic improvements.
The applicant's proportionate share shall be in the ratio of the estimated
peak-hour traffic generated by the proposed property or properties
to the sum of the present deficiency in peak-hour traffic capacity
of the present facility and the estimated peak-hour traffic generated
by the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(b)
Water distribution facilities. Water distribution
facilities, including the installation of new water mains, the extension
of existing water mains, the relocation of such facilities and the
installation of other appurtenances associated therewith. The applicant's
proportionate cost shall be in the ratio of the estimated daily use
of water from the property and properties in gallons to the sum of
the deficiency in gallons per day for the existing system or subsystem
and the estimated daily use of water for the proposed development.
The ratio thus calculated shall be increased by 10% for contingencies.
(c)
Sanitary sewage distribution facilities. Sanitary
sewage distribution facilities, including the installation, relocation
or replacement of collector and interceptor sewers and the installation,
relocation or replacement of other appurtenances associated therewith.
The applicant's proportionate cost shall be in the ratio of the estimated
daily flow in gallons to the sum of the present deficient capacity
for the existing system or subsystem and the estimated daily flow
from the proposed project or development. In the case where the peak-flow
period for the proposed development may occur during the peak-flow
period for the existing system, the ratio shall be the estimated peak-flow
rate from the proposed development in gallons per minutes to the sum
of the present peak-flow deficiency in the existing system or subsystem
and the estimated peak-flow rate from the proposed development. The
greater of the two ratios thus calculated shall be increased by 10%
for contingencies and shall be the ratio used to determine the cost
to the applicant.
(d)
Wastewater Management Plan.
[Added 8-14-1990[1]]
[1]
The Water Quality Planning Act, N.J.S.A. 58:11A-1
et seq., as well as the New Jersey Department of Environmental Protection
Regulations, N.J.A.C. 7:15-1 et seq., require that Hampton Township
adopt a Wastewater Management Plan. This plan should be included in
the Township Master Plan pursuant to N.J.S.A. 40:55D-28(b)(5). The
funding of said plan, together with any revisions thereto, should
be fairly allocated among developers of land who are to benefit from
said study.
[2]
A Wastewater Management Plan escrow account
is hereby created. Said account is to be permanent in nature and to
be used for the payment of the preparation of the original Wastewater
Management Plan and any revisions thereto.
[3]
All developers of land in Hampton Township who
anticipate, or who may be reasonably expected to construct an on-site
disposal system treating 2,000 gallons or more per day or expect to
apply for connection to a public sewer system or intend to propose
a package plant for their property or propose alternative methods
of on-site wastewater disposal, shall participate in the funding of
the Wastewater Management Plan.
[4]
All developers as aforesaid are to contribute
to the Wastewater Management Plan account the sum of $1 per gallon
of anticipated daily wastewater discharge.
[5]
After the completion of the original Wastewater
Management Plan, any developer who wishes to supplement and amend
the plan may apply to do so at his own cost and expense in lieu of
a contribution to the Wastewater Management Plan escrow account calculated
as set forth above.
[6]
Those developers who previously made payments
to Hampton Township for the purpose of funding this original Wastewater
Management Plan may apply for a refund of their pro rata share of
any excess moneys generated from the initial funding of the plan,
after the original plan is completely paid for, including all administration
expenses to the township.
[7]
The funds in question shall be administered
by the township in accordance with N.J.S.A. 40:55D-53.1.
[1]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection D(5)(d) through (k) as D(5)(e)
through (l), respectively.
(e)
Stormwater and drainage improvements, including
installation, relocation or replacement of transmission lines, culverts,
catch basins and the installation, relocation of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system, measured in cubic feet per second,
to the sum of the existing peak flow in cubic feet per second deficient
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. The applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Planning Board.
(f)
Recreational facilities and/or open space. The
requirements contained herein shall apply to all residential developments.
The purpose of this section is to ensure that adequate open space
and recreational facilities are provided within residential developments
in the township. Each residential development greater than 10 lots
or multifamily development greater than 10 units shall be required
to provide 0.0105 acre per person of park/playground area within the
development. The reviewing municipal board shall determine the population
density based upon the multipliers developed from the United States
Department of Commerce, Bureau of the Census, United States Census
of Population and Housing, 1980, and reproduced in the new Practitioners
Guide for Fiscal Impact Analysis, Robert W. Burchell, David Listokin
and William R. Dolphin (New Brunswick: Center for Urban Policy Research,
Rutgers, The State University, 1985), and its revisions.
[1]
Within each park/playground area, active recreational
facilities shall be provided. The nature and type of the active recreational
facilities to be provided shall be in accordance with the Recreation,
Park and Open Space Standards and Guidelines, as published by the
National Recreation and Park Association, and by such demographic
studies as may be provided by the applicant, which studies shall project
the numbers and ages of children and adults likely to populate the
development. Notwithstanding anything herein to the contrary, each
park/playground area shall contain playground apparatus suitable for
use for preschool children. For each park/playground area created
within the development, the developer shall create a homeowners' association
or some other means acceptable to the reviewing municipal board for
the development to control and maintain the park/playground area.
[2]
The applicant, subject to a showing based upon
competent evidence that the inclusion of the park/playground area
would be inappropriate for the proposed development, may, as an alternative,
contribute the fair market value of the cost for the development of
such park/playground area. The fair market value shall be determined
by the sum of the fair market value of the land on which the park/playground
area would be located after subdivision or site plan approval, together
with the costs of construction of said park/playground area, including
grading, drainage, landscaping and cost of apparatus. Said contribution
shall be contributed to a fund established by the township, which
fund will be a separate and exclusive account specifically established
for the purpose of creating open space and recreational facilities
within the township. Said funds shall be administered by the Township
Committee.
[3]
The township shall be authorized to acquire
such lands as they may deem necessary and appropriate to provide adequate
open space and recreational facilities within the township. The township
shall be required to keep books and records of all transactions and
activities.
(g)
Fire protection facilities. The purpose of this
section is to ensure that adequate fire protection facilities are
provided within residential developments.
[1]
Each residential development greater than six
lots or multifamily development greater than four units shall be required
to install a fire protection system, including fire hydrants and water
mains within the development. In the event that there is no public
water system available in the area, the improvement shall be installed
and available for connection at such time a public water facility
is constructed or connected to a well on or off the tract. The fire
prevention system shall meet the requirements of the National Board
of Fire Underwriters and shall be approved by the Township Engineer
or Board Engineer.
[2]
Special fire-fighting equipment or apparatus.
In the event that the proposed development requires special fire-fighting
equipment and/or apparatus, the developer shall either purchase or
install the same for the development. As an alternative, if the purchase
or installation within the development is inappropriate for the proposed
development, the developer shall contribute the fair market value
of the cost of said equipment or apparatus to the township. The contribution
shall be deposited in a fund established by the township, which fund
shall be a separate and exclusive account specifically established
for the purpose of purchasing and maintaining fire-fighting facilities,
equipment and apparatus. Said fund shall be administered by the Township
Committee. The township shall be required to keep books and records
of all transactions and activities with regard to said account.
(h)
Watercourses. Where a development is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
with the lines of such watercourse and such further width or construction
as both will be adequate for the purpose of the township or other
entity as designated by the reviewing municipal board.
(i)
General municipal facilities. (Reserved)
(j)
Cultural facilities. (Reserved)
(k)
Educational facilities. (Reserved)
(l)
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract improvement
which shall be borne by the developer, the reviewing municipal board
shall also determine the pro rata share of the cost to be borne by
other owners of lands which will be benefited by the proposed improvements,
if any.
E.
Impact fees. For the purpose of this section, impact
fees means cash or in-kind payments required to be paid by a developer
as a condition of approval of a development for the developer's proportional
share of the cost of providing new or expanded reasonable and necessary
public improvements located outside the property limits of the development,
but reasonably related to the development based upon the need for
the improvement created by and the benefits conferred upon the development.
[1]
Editor's Note: Former § 15-38.4,
Right to require guaranties prior to approval, added 7-31-1984, was
repealed 3-31-1992.
[Added 7-31-1984]
The reviewing township board shall have the
power to require the developer to submit a developer's agreement setting
forth the following:
All sections of the Land Subdivision Ordinance,
Zoning Ordinance, Site Plan Review Ordinance or any other ordinance
of the Township of Hampton which contain provisions contrary to the
provisions of this chapter shall be and are hereby, to the extent
of such inconsistency, repealed.
Pursuant to the provisions of c. 291, P.L. 1975,
Section 81, the substantive provisions of the existing Land Subdivision
Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the
Township of Hampton and the development regulations set forth therein
shall continue in full force and effect for a period of six months
from the effective date of said Act or until the township exercises
the authority delegated by said Act to regulate development, whichever
occurs first.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Article IV of this chapter.
This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the Township of Hampton."
[Amended 8-26-1986]
The Township Clerk shall file with the County
Planning Board copies of all ordinances of the township relating to
land use, such as subdivision, zoning and site plan review ordinances
and all amendments thereto. In accordance with the provisions of N.J.S.A.
40:55D-16, development regulations, except for the Official Map, shall
not take effect until a copy thereof shall be filed with the County
Planning Board. A zoning ordinance or amendment or revision thereto
which, in whole or in part, is inconsistent with or not designed to
effectuate the land use plan element of the Master Plan shall not
take effect until a copy of the resolution required by N.J.S.A. 40:55D-76(2)
shall be filed with the County Planning Board.
[Added 7-31-1984]
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged by the courts to be
invalid, such adjudication shall apply only to the section, paragraph,
subdivision, clause or provision so adjudged, and the remainder of
this chapter shall be deemed valid and effective.
[Added 9-22-1989]
A.
Procedures.
(1)
Any developer requesting a zone change shall file
with the Township Clerk such a request and simultaneously deposit
with the Township Clerk an escrow amount for fees as hereinafter set
forth.
(2)
The Township Clerk shall thereupon notify the Township
Committee, in writing, of the zone change request and, thereupon,
forward copies of the request in narrative form and an accompanying
map to the Planning Board for its review and recommendation on the
request. Upon receipt of said request, the Secretary to the Planning
Board shall send a copy of said zone change request to Planning Board
members, the Planning Board Attorney and the Township Engineer.
(3)
The Planning Board shall thereafter conduct a public
hearing and render a decision on the zone change request and, thereupon,
forward its recommendation to the Township Committee.
(4)
Upon receipt by the Township Committee of the recommendation
of the Planning Board, the Township Committee shall schedule a public
hearing on the zone change request.
(5)
The developer shall publish notice in the official
township newspaper, and the developer shall provide private notice
to the owners of all real property shown on the current Tax Maps of
the township within 200 feet all directions of the property which
is the subject of such a hearing at least 10 days prior to the hearing.
Notice shall also be given to Clerks of adjoining municipalities within
200 feet.
B.
Fees. The fee to be charged for a zone change request
shall be determined in the following manner:
(1)
The developer, when filing a zone change request,
shall reimburse the township for the cost of professional services
in connection with the review of said zone change request, including
but not limited to shorthand reporting and transcripts, review, inspection
and reports of the Township Engineer, professional planner, Township
Attorney, Planning Board Attorney and any other professionals whose
services are deemed necessary with respect to the review of the zone
change request.
(2)
All moneys required under this section shall be deposited
by the Township Clerk in the township's escrow account, and the Township
Treasurer shall set up a ledger page in the name of the developer.
All disbursements to professional consultants or experts required
to review the zone change request shall be charged against the developer's
escrow account The amount of the initial deposit to the escrow account,
to be remitted at the time of the submission of the zone change request
by the developer, shall be $750. The developer shall also pay a nonrefundable
application fee of $250.
(3)
Any of the aforesaid escrow deposit remaining in the
escrow account upon completion of the review procedure shall be returned
to the developer.
(4)
In the event that the funds in the escrow account
shall become depleted prior to the completion of the review procedure
and additional funds are needed to cover the cost of processing said
zone change request, the developer shall deposit sufficient additional
funds. In order to expedite the processing of all zone change requests,
the Township Clerk shall notify the developer immediately upon the
depletion of funds in the escrow account or as soon as an insufficiency
of funds becomes evident or is expected.
(5)
No township agency shall review and/or take action
on a zone change request unless all fees and deposits required in
the manner described above shall have been deposited by the developer
with the Township Clerk.
(6)
All bills submitted to a township agency by the stenographer,
professional planner, Township Attorney, Planning Board Attorney or
other professionals containing charges to be applied against the developer's
escrow account established pursuant to this section shall specify
the services performed in relation to the individually identified
zone change request for which the charges have been incurred.
(7)
Unit charges, i.e., per diem or hourly fees, inspection
or expert testimony charges, levied by the stenographer, professional
planner, Township Attorney, Planning Board Attorney or other professionals
for services rendered in connection with a zone change request may
not exceed those unit charges contracted for and/or approval by the
township agency for services by said professionals.
(8)
A periodic accounting of all funds to be withdrawn
by the township from the escrow account shall be submitted by the
Township Clerk to the developer at least 10 days prior to withdrawal
of said funds. Within said 10 days, the developer shall have the opportunity
to request, in writing, a hearing by the appropriate township agency
with respect to the reasonableness of the intended charges against
the escrow account. In the event that the developer requests such
a hearing, no withdrawal shall be made from the escrow account until
the township agency shall have ruled on the appeal. If the township
agency finds in favor of the developer, the withdrawals from the escrow
account shall be adjusted accordingly. If no objection is filed within
10 days, the funds shall be withdrawn from the escrow account and
transferred to the township general funds.
