3. Non-residential preliminary site plan approval

4 Non-residential final site plan one third (1/3) of the original escrow fee paid at time of preliminary application

5. Applications before the Planning Board and the Zoning Board of Adjustment other than those listed in parts 1 through 4 above as follows: a) (c) variance not relating to a deck, shed or fence--$500.00; b) (c) variance relating to a deck, shed or fence$250.00 c) use variance - residential at the same rate as established for preliminary subdivision approvals before the Planning Board, d) use variance - non-residential at the same rate as established for preliminary site plan approvals before the Planning Board, e) all other applications listed in Section 17.11.1.F - $ 1,000.00.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18-02.

E.Any application involving more than one of the categories set forth above shall pay an application fee equal to the sum of the individual fees and shall require an escrow deposit equal to the sum of the individual escrow amounts.

F. A developer shall pay the required application fee and shall make the required escrow deposit before the application shall be deemed complete and before he shall be permitted to appear before the Planning Board or Zoning Board of Adjustment.

G.Additional escrow funds may be required when the escrow account has been depleted to twenty (20) percent of the original escrow amount The official designated by the Township Committee shall notify the appropriate board when escrow funds have been so depleted Professionals and non-professionals being paid from escrow funds shall notify the board as to additional costs anticipated to be incurred and the board shall notify the developer as to the amount of additional funds to be deposited. No further action shall be taken by the board until such deposit has been made

H. Escrow deposits shall be placed in an interest-bearing account by the official designated by the Township Committee and the same shall be administered in accordance with the requirements of N J.S.A. 40 55D-53 1

I. All disbursements to consulting professionals and applicable charges from Township or Board employed professionals and non-professionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account

J.All bills submitted by consulting professionals relative to said applications shall specify the services performed for individual applications and the time expended relative thereto The bill shall set forth the hourly billing amount which will be the amount charged to the Township pursuant to the consultants' contract

K.All charges by Township employed professionals and non-professionals shall specify the services performed for individual applications and the time expended relative thereto. Where the Township is entitled to reimbursement for the services rendered by its employees pursuant to statute the hourly billing rate shall be equal salary rate for such employee which shall be calculated as one thirty-fifth (1/35) of that employee's weekly compensation. The attorney's time shall be billed at his contract rate with the Board and the Clerk's time shall be billed at thirty-five ($35.00) dollars per hour.

**Webmasters Note: The previous 17.11.2K has been amended as per Ordinance No. 7-00.

L. The Township shall supply the developer with an accounting of escrow funds within (90) ninety days after the appropriate Board has taken official action on the application.

M. All sums not actually expended shall be refunded to the applicant within ninety (90) days after the appropriate board has taken official action.

N. Any resolution of approval adopted by the Planning Board or the Zoning Board of Adjustment shall contain a condition that all fees and escrow sums required under this Article have been paid in full before the Board officers may sign any plan, map or deed.

O.No developer shall be required to pay an escrow fee for the affordable housing units which it is required to construct under this Ordinance

P. Upon submitting an application for the amendment, modification. or deletion of any term or condition of any prior approval of an application by the Planning Board or Zoning Board of Adjustment with regard to the property which is the subject of the application, the developer shall deposit with the Township an escrow deposit to be expended in accordance with this section which shall be established at an initial amount equal to 50% of the amount required to be deposited under Paragraph D above In the event the developer seeks to simultaneously amend the provisions of a preliminary and final action of the applicable Board, the deposit shall be the higher of the deposits provided for above in Paragraph D but the developer shall not be required to deposit an amount equal to the sum of the individual escrow amounts The deposit shall, however, remain subject to the provisions of Paragraphs G through 0 inclusive, of this Article

A.Upon final approval of any site plan and before a Building Permit may be issued, the developer shall deposit with the Township an amount equal two (2) percent of the cost of all site work not to exceed twenty thousand ($20,000 00) dollars, inclusive of public improvements, as estimated by the Township Engineer to cover costs incurred by the Township for inspection during construction of the site work.

B. Upon final approval of any subdivision and before any work may he commenced in connection with such approval the developer shall deposit with the Township an amount equal to nine (9) percent of the estimated costs of all public improvements up to a total cost of ten thousand ($10,000.00) dollars plus seven (7) percent of the cost of improvements between ten thousand ($10,000.00) dollars and fifty thousand ($50,000 00) dollars and two (2) percent of the cost of public improvements in excess of fifty ($50,000 00) dollars, as such costs are estimated by the Township Engineer, to cover the cost incurred by the Township for inspection during construction of such improvements.

C. All sums not actually expended shall be refunded to the applicant within ninety (90) days after the final inspection.

D. There shall be no inspection fees for affordable housing units constructed under the terms of this Ordinance

All payments or deposits required by the provisions of this Article shall be made by check or money order payable to the Township of Berkeley Heights. Application fees and escrow deposits shall be made by separate check.

All application fees and escrow deposits set forth in this Article shall apply to applications before the Planning Board or the Zoning Board of Adjustment as appropriate after construction (e.g. street lighting or fire hydrant service), any advance deposit, initial payment, or other fee which will, in accordance with ail adopted policy of such utility company, result in a lower periodic service fee for such service.