7.

*For project not related to an application for subdivision or site plan approval.

Each deposit for professional service fees shall be held in escrow by the township in an account separate from the general funds of the township and separately identified. The escrow account shall be in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The township treasurer 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. All interest earned on any account shall be retained in the account until paid over as hereinafter provided.

Every person who renders professional services to be paid by an applicant pursuant to the provisions of this subsection shall submit a voucher to the township for such services setting forth the name of the applicant, the nature of the services, the hourly rate and any disbursements. After review and approval by the township administrator, all such vouchers shall be forwarded to the township treasurer.

Prior to any payment of a voucher from an escrow account for professional service fees, the township treasurer shall cause a copy of the voucher to be sent by certified mail, return receipt requested, to the applicant named in the voucher. Within ten (10) days of the receipt of a voucher, the applicant may file written objections to payment with the township treasurer and township clerk requesting a hearing thereon before the township committee. Otherwise, the voucher shall be paid from the appropriate escrow account. Any hearing shall be held within twenty (20) days after the receipt of the request by the township clerk. Written notice of the hearing shall be given by the township clerk to all parties in interest. At the conclusion of the hearing the township committee may determine to approve payment of the voucher as submitted, or the township committee may determine to approve payment of the voucher as modified with the consent of all parties in interest. If the township committee shall determine to approve payment of the voucher as submitted over the objection of the applicant, the township committee shall authorize such payment by a resolution adopted at its next regular meeting, which resolution shall set forth findings of fact and conclusions.

Upon request an applicant may at any time obtain complete information from the township treasurer as to the status of his escrow account for professional service fees, including deposits and payments from the account.

Deposits for professional service fees shall be made in an escrow account prior to the performance of the professional services which the deposit is intended to cover.

Whenever a payment is made from an applicant's escrow account for professional services rendered in connection with a proposed development application, the applicant shall make such further deposit as may be necessary to restore the balance in the applicant's escrow account to the full amount of the initial deposit. Such further deposit shall be made within ten (10) days of the date of the mailing by certified mail, return receipt requested, of a notice to the applicant setting forth the amount necessary to restore the escrow account to the amount of the initial deposit. No further professional services shall be performed with respect to the applicant's proposed development until the required further deposit is made. In the event that the applicant fails to make the required further deposit within ten (10) days of the mailing of the written notice, the applicant shall be deemed to have granted an extension of time within which the planning board may act with respect to the application, such extension being for the period of time beyond the ten (10) days until the required further deposit is received, provided, however, that if the required further deposit is not made within thirty (30) days of the date of the mailing of the written notice, the planning board shall deem the application abandoned and shall adopt a resolution denying the application.

Whenever the interest earned on any escrow account for professional services shall exceed $100 in any calendar year, the township treasurer shall pay to the applicant who deposited the funds 66 2/3% of the interest earned during that calendar year, and the remaining 33 1/3% of such interest shall be paid over to the township for administrative expenses. Such payments shall be made within thirty (30) days after the termination of the calendar year in which the interest was earned or upon the termination of the account in the event that the escrow account shall be terminated prior to the end of the calendar year. Whenever the interest earned is no more than $100 in any calendar year, all of such interest shall remain in the account until the termination of the account, at which time all such interest shall be paid over by the township treasurer to the township for administrative expenses.

After payment for all professional services in connection with an application for development has been made, the township treasurer shall refund to the applicant all monies in the escrow account, including interest which the applicant is entitled to receive. The copies of the vouchers for professional services previously forwarded to the applicant shall constitute an accounting to the applicant on the use to which all deposits to the escrow account were put. After the interest in the account which the township is entitled to receive has been paid over to the township, the escrow account shall be terminated. The provisions of this paragraph regarding termination of an escrow account shall not be applicable if the escrow account is being used or will be used for purposes of satisfying the requirements of section 13-15.

All required fees shall be paid by check drawn to the order of the Township of Mendham. For fees in excess of $250 a certified check or bank cashier's check may be required.

All filing fees set forth in subsection 13-14.1 shall be paid at the time of the filing of the application or appeal.

The fees required by subsections 13-14.4 for verification and 13-14.5 for transcripts and copies of documents shall be paid prior to the receipt of the documents requested.

The fee under subsection 13-14.6 for a stenographic record and transcription shall be paid within 20 days after the township submits a statement to the applicant or appellant.

Deposits for technical review fees and for technical inspection fees shall be made prior to the performances of services by the professional experts or consultants.

All permits, determinations, resolutions or certificates of approval are subject to the payment of all required fees and no application shall be deemed to be complete nor shall any final action be taken by the planning board, zoning board of adjustment or the township committee, as the case may be, until proof has been submitted that the required fees in connection with the application for development or appeal have been paid to the township.

Except as otherwise specifically provided, fees paid to the township are not refundable in whole or in part.

A developer shall pay to the township fees equal to the expenses incurred by the township with respect to

a. the inspection of all improvements constructed or installed by the developer in accordance with the terms and conditions of subdivision and/or site plan approval, except such improvements as will be automatically owned by public utilities or other governmental agencies;

b. the testing of materials or construction work performed by the developer on all improvements subject of inspection under a. above in the event that such testing is deemed necessary by the township;

c. the analyses or tests to determine compliance by the developer with any monitoring standards established by the terms and conditions of subdivision and/or site plan approval; and

d. the inspection of improvements constructed and installed by the developer and subject of inspection under a. above for purposes of determining compliance with any maintenance obligations of the developer.

The improvements constructed or installed to meet the requirements of subdivision or site plan approval which are the subject of inspection include but are not necessarily limited to the following: pavement subgrade, base course pavement, surface or top course pavement, curbing, sidewalks, storm drainage facilities, sanitary sewerage facilities, street signs, topsoil and erosion protection, grading, landscaping and monuments

Whenever feasible, a developer shall give notice at least 24 hours in advance of the undertaking of any work which is the subject of inspection. Overtime inspection will not be provided unless special arrangements are made prior to the overtime period.

Inspection fees shall be calculated at hourly rates established by a schedule adopted and from time to time amended by resolution of the township committee, which schedule shall be maintained in the office of the township clerk for public inspection. The hourly rate established for inspection fees shall not exceed the hourly rate charged to the township for the inspection of improvements of a similar nature made by the township.

Inspection costs shall be reasonable expenses for analyses and tests by a recognized qualified firm plus 15% for administration.

At the time of the grant of final subdivision or site plan approval, or prior to the commencement of any work on subdivision or site plan improvements if such work is undertaken before final approval, the developer shall make an initial deposit with the township based upon the reasonably anticipated inspection fees and costs. The initial deposit shall be as hereinafter provided with the estimated cost of improvements being based upon documented construction costs for public improvements prevailing in the general area of the township.

For those developments for which the reasonably anticipated inspection fees and costs are less than $10,000, the developer may elect to make an initial deposit on only fifty percent (50%) of the reasonably anticipated inspection fees and costs, provided that when the amount on deposit drops to ten percent (10%) of the reasonably anticipated inspection fees and costs the developer shall deposit the balance with the township.

For those developments for which the reasonably anticipated inspection fees and costs are $10,000 or more, the developer may elect to make an initial deposit of only twenty-five percent (25%) of the reasonably anticipated inspection fees and costs, provided that whenever the amount on deposit drops to ten percent (10%) of the reasonably anticipated inspection fees and costs the developer shall make a further deposit of no less than twenty-five percent (25%) of the reasonably anticipated inspection fees and costs.

Each deposit for inspection fees and costs shall be held in escrow by the township in an account separate from the general funds of the township and separately identified by the name of the developer. The escrow account shall be in a banking institution or savings and loan association in this State insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The township treasurer shall notify the developer in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. All interest earned on any account shall be retained in the account until paid over as hereinafter provided.

The township engineer or any person who renders inspection services to be paid by a developer pursuant to the provisions of this subsection shall submit a voucher to the township for such services setting forth the name of the developer, the nature of the services, the hourly rate and any disbursements. After review and approval by the township administrator, all such vouchers shall be forwarded to the township treasurer.

Prior to any payment of a voucher from an escrow account for inspection fees or costs, the township treasurer shall cause a copy of the voucher to be sent by certified mail, return receipt requested, to the developer named in the voucher. Within ten (10) days of the receipt of a voucher, the developer may file written objections to payment with the township treasurer and township clerk requesting a hearing thereon before the township committee. Otherwise, the voucher shall be paid from the appropriate escrow account. Any hearing shall be held within twenty (20) days after the receipt of the request by the township clerk. Written notice of the hearing shall be given by the township clerk to all parties in interest. At the conclusion of the hearing the township committee may determine to approve payment of the voucher as submitted, or the township committee may determine to approve payment of the voucher as modified with the consent of all parties in interest. If the township committee shall determine to approve payment of the voucher as submitted over the objection of the developer, the township committee shall authorize such payment by a resolution adopted at its next regular meeting, which resolution shall set forth findings of fact and conclusions.

Upon request a developer may at any time obtain complete information from the township treasurer as to the status of his escrow account for inspection fees and costs, including deposits to and payments from the account.

The calculation of reasonably anticipated inspection fees and costs for a particular development shall not establish a maximum amount which may be required to be paid to the township by the developer for inspection fees and costs. Upon request by the township treasurer the developer shall make such a further deposit or deposits as may be necessary to cover further necessary inspection fees and costs. Each request shall be reasonable in regard to the nature and scope of the inspection or tests which may be necessary.

A deposit for inspection fees and costs shall be made in an escrow account prior to the performance of the services which the deposit is intended to cover, and inspection services shall not be performed unless sufficient funds therefor are on deposit in the escrow account.

Whenever the interest earned on any escrow account for inspection fees and costs shall exceed $100 in any calendar year, the township treasurer shall pay to the developer who deposited the funds 66 2/3% of the interest earned during that calendar year, and the remaining 33 1/3% of such interest shall be paid over to the township for administrative expenses. Such payments shall be made within thirty (30) days after the termination of the calendar year in which the interest was earned or upon the termination of the account in the event that the escrow account shall be terminated prior to the end of the calendar year. Whenever the interest earned is no more than $100 in any calendar year, all of such interest shall remain in the account until the termination of the account, at which time all such interest shall be paid over by the township treasurer to the township for administrative expenses.

After payment for all inspection fees and costs in connection with a development has been made, the township treasurer shall refund to the developer all monies in the escrow account which the developer is entitled to receive. The copies of the vouchers for inspection fees and costs previously forwarded to the developer shall constitute an accounting to the developer on the use to which all deposits to the escrow account were put. After the interest in the account which the township is entitled to receive has been paid over to the township, the escrow account shall be terminated.

Inspection shall not relieve the developer from the obligation of performing all work strictly in accordance with the plans, specifications or standards therefor or the obligation of performing work in a workmanlike manner using first-class materials. Unless the township committee shall have approved the construction and installation of any improvement by resolution, any improvement not meeting applicable plans, specifications or standards shall be replaced, reconstructed or repaired by the developer despite any previous oversight or error in inspection.

In the event that final approval is granted by sections, then the provisions of this subsection shall be applied on a section by section basis.

The respective periods of time within which approvals must be granted or denied to complete applications for development are set forth in Chapter XIV, Planning Board, and Chapter XV, Zoning Board of Adjustment.

The Mendham Township Application Checklist consists of Sheets 1 through 5 and Appendices 1 through 6 as follows: