[Added 4-7-1987 by Ord. No. 2192 ; amended 8-6-1996 by Ord. No. 2492]
A. Escrow for professional review. In addition to application fees required by this chapter, an applicant for development for approval of a subdivision, site plan, planned development, conditional use, zoning variance, rezoning or other forms of development application authorized or required by ordinance or statute shall be required to establish an escrow account with the township's costs and expenses for professional service in connection with the review of an application for development.
B. Professional services contemplated under this section shall include but shall not be limited to the following:
(1) Township Engineer or consulting engineer.
(2) Construction Code Official.
(3) Board Attorney.
(4) Professional planners, consultants and advisors to the Planning Board or the Zoning Board of Adjustments.
(5) Any other professional or other expert hired or engaged by the Planning Board or the Board of Adjustment to aid and assist such Board in reviewing, evaluating and acting upon a development application when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the township.
C. Escrow for inspection of improvements. In addition to the escrow account required under Subsection A above, an applicant for development shall be required to establish an escrow account with the township to cover fees and costs payable to the township for municipal engineering inspections of such improvements which the Planning Board or the Board of Adjustments may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. An applicant shall execute an agreement with the Township, on a form to be provided by the township and approved by the Township Attorney, whereby the applicant shall become obligated to pay for fees and costs of municipal engineering inspections.
D. Exception. The Board having jurisdiction over a development application shall have the right, by resolution, to waive escrows required by this chapter in connection with any development application.
A. The initial amount of the escrow account required under
B. The amount of the escrow account to be established under
A. Escrow deposits shall be placed in an escrow account by the Township Chief Financial Officer and shall be maintained in accordance with the provisions of N.J.S.A. 40:55D-53.1.
B: The Township Chief Financial Officer shall make all payments to professionals for services rendered to the township and/or board having jurisdiction for review of applications for development, review and preparation of documents, inspections of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq.
C. Fees or charges payable from escrows shall be based upon a schedule established by resolution of the township governing body and shall be subject to the limits provided in N.J.S.A. 40:55D-1 et seq.
D. Payments charged against an escrow account shall be pursuant to vouchers submitted by the professionals to the Township Chief Financial Officer on a form provided by the Chief Financial Officer and in a manner consistent with the provisions of N.J.S.A. 40:55D-53.2.c. Vouchers shall be submitted on a monthly basis. If services have been provided by a township employee, the township employee shall prepare and submit to the Chief Financial Officer a statement containing the same information as required on a voucher. Statements shall be submitted on a monthly basis. Informational copies of all vouchers or statements submitted to the Chief Financial Officer shall be sent simultaneously to the applicant.
E. If an escrow account established under this chapter contains insufficient funds to enable the township or the board having jurisdiction over the application to perform required application reviews or improvement inspections, the Township 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 post a deposit to the account in an amount to be agreed upon by the township or the board having jurisdiction over the application.
F. In the case of escrows for professional review, at such time as the board having jurisdiction over an application has granted final approval and has signed the subdivision plat or site plan, or, in the case of escrows for inspection of improvements, at such time as improvements have been approved in accordance with N.J.S.A. 40:55D-53, the applicant, the professionals whose services have been utilized in connection with the application and the Township Chief Financial Officer shall follow the "close-out" procedures with respect to the escrow account as provided in N.J.S.A. 40:55D-53.2d.
A. Except as permitted under
B. Subject to the provisions of N.J.S.A. 40:55D-53.2.:
(1) No application shall be given final approval until such time as the applicant has deposited all escrow funds required under this chapter.
(2) No permits for construction shall be issued until an escrow account has been established to cover municipal engineering inspections and until the applicant has executed an agreement with the township in accordance with
(3) If an applicant fails to pay any amounts due under this chapter, the township shall have the right to deny the issuance of any construction permits, stop construction or withhold the issuance of a certificate of occupancy until such time as all amounts due under this chapter have been paid to the Township.
All fees and charges for professional services and inspection services payable to the Township under this chapter shall draw the same interest from the time they become due and payable as taxes upon real estate in the Township and shall be a lien upon the premises for which a development application has been made. The Township shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for the collection of taxes upon real estate.
A. If the final total square footage (of a building or buildings in a development application) is unknown, escrows and fees payable therefrom shall be based upon the maximum floor area permitted in the zoning district for which such application is made.
B. For site plans involving expansion, additions and modifications or a change of use of an existing building, escrows and fees payable therefrom shall be calculated on square footage area of the expansion, addition, modification or change of use only.
C. Applications involving site improvements only and no expansion, addition, modification or change of use shall be required to deposit only the minimum escrow established under this chapter.
If any section, clause or provision of this chapter or the application thereof is held invalid for any reason, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid section, clause or provision or application and, to that end, the provisions of this chapter are severable.
[Added 8-6-1996 by Ord. No. 2492; amended 10-4-2005 by Ord. No. 2923]
Fees shall be as follows:
