[HISTORY: Adopted by the Township Committee of the Township of Weymouth 2-19-1986 by Ord. No. 266-86 (Ch. VIII, Sec. 8-6, of the 1980 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 200.
[Amended 12-2-2015 by Ord. No. 543-2015]
Whenever any application shall be made to the Township Committee, the Planning Board or the municipal utilities authority for any franchise, permit, variance, approval, license or renewal thereof, the person or entity seeking such thing shall be required to deposit moneys to be held in escrow by the treasurer of the Township of Weymouth, or by the treasurer of the municipal utilities authority in that case, in accordance with the provisions of this chapter. Such escrows shall be utilized to pay the cost of any professional fees incurred for review of and/or testimony concerning an application for development or permit submitted by an applicant as provided for herein and herein below.
[Amended 6-19-1996 by Ord. No. 344-96; 9-3-2003 by Ord. No. 408-2003]
Subject to the provisions set forth herein, each applicant, shall, prior to its application being ruled complete pursuant to the provisions of any law or ordinance applicable to the application being made, submit the following sums to be held in escrow:
Residential Development
(number of units)
Escrow To Be Posted
1
$500
2 to 3
$750
4 to 10
$1,000
11 to 25
$2,000
26 to 100
$2,500
101 to 500
$5,000
501 to 1,000
$7,500
Over 1,000
$10,000
Commercial/Industrial Development Application Not Involving Structures
(acres)
Escrow To Be Posted
0 to 15
$3,500
15+
$5,000
Commercial/Industrial Development Application Involving Structures Total Floor Plan
(square feet)
Escrow To Be Posted
0 to 1,000
$750
1,001 to 2,500
$1,000
2,500 to 20,000
$2,000
20,001+
$5,000
A. 
Within 45 days after the filing of an application with the board, committee or authority, as the case may be, the applicant shall, in conjunction with appropriate representatives of the staff of the Township of Weymouth and the entity to whom the application is submitted, review said application for development and permit to determine whether the escrow amount set forth above is adequate. In conducting such review, the following criteria shall be considered:
(1) 
The presence or absence of public water and/or sewer servicing this site.
(2) 
Traffic impact of the proposed development.
(3) 
Infrastructure impact of the proposed development.
(4) 
Impact of the proposed development on existing aquifer and/or water quality.
(5) 
Environmental considerations, including all considerations that need to be reviewed under the terms of the comprehensive management plan of the Pinelands Commission, soil conservation regulations, requirements of the master plan of the municipality, and other factors, including but not limited to geological, hydrological and ecological considerations for the site and the use or uses contemplated.
Upon completion of said review and within said forty-five-day period, the entity to whom the application is submitted shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine the said amount is excessive, it shall in the resolution specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that it shall be determined that the amount specified above is insufficient, the resolution shall specify and shall further set forth the amount required to be posted in light of the criteria specified herein, and a resolution shall expressly delineate the areas of concern and shall set forth the amounts of money felt to be necessary to properly review the application being submitted.
No application for development shall be deemed complete until such time as the applicant shall have posted with the Township of Weymouth in cash, certified check or money order the amount of escrow deposit determined by the said entity.
All such escrow funds shall be deposited in an account separate from the general account of the municipality or the authority to whom the application is being made and shall be denominated "Escrow deposit of ____________________." The account shall be an interest-bearing account and shall be maintained in a bank that is officially designated as a depository institution of Weymouth Township or the Weymouth Township Municipal Utilities Authority, as the case may be. The funds shall be deposited in this account, pending completion and review of the sufficiency or insufficiency of the escrow amount and shall be so held during the time in which the development application is pending and being reviewed, to be utilized by the appropriate reviewing entity to pay the costs of any professional fees incurred by the entity for review and/or testimony in connection with the particular application for development including service charges, if any, levied by the bank holding said escrow. All sums not actually so expended shall be refunded to the applicant within 60 days after the date of the final determination of approval and acceptance by the appropriate entity reviewing the application or the certification of completion of the project by the appropriate entity, whichever is later. Certification by the appropriate official or entity that said application has been finally determined and/or completed shall not be unreasonably refused or delayed. In the event that a refund is to be made to the applicant pursuant to this section, the municipality shall make the refund with interest earned upon the said amount deposited by the applicant and not utilized in the review process.
This chapter shall not apply to applications to open streets. Street opening applications shall be controlled by Chapter 200, Streets and Sidewalks.