[HISTORY: Adopted by the Township Committee
of the Township of Mansfield by Ord. No. 2-76, as amended through Ord. No. 4-88
(§ 2-13 of the 1975 General Ordinances). Subsequent amendments
noted where applicable.]
There is hereby created a fund or account to
be known or designated as the "Township of Mansfield Trust Account."
Disbursement from this account shall be made by checks signed by the
Treasurer and countersigned by the Mayor and Clerk after approval
by the Township Committee.
Whenever any person, firm or corporation has
agreed, or is otherwise required to reimburse the Township of Mansfield
for costs, expenses or fees of any kind or character, all sums paid
by any such third person to the Township of Mansfield shall be deposited
in the trust account herein established. Funds received from such
third persons may be to cover such things as the following enumerated
costs, expenses or fees but are not limited thereto: the costs of
preparing and publishing any notice, ordinance or resolution; costs
of mailing notices required pursuant to the provisions of any law
or ordinance; legal fees of the municipal attorney or the attorney
for the Planning Board or any other local agency incurred by reason
of preparation of papers, ordinances, attendance at conferences or
other services, the fees of the Township Engineer incurred by reason
of making inspections required by the Township Committee, Planning
Board or other official body or made pursuant to the provision of
any ordinance, or for the preparation of plans or other services required
by the Township; fees of the Township planning consultant for consultations
or special planning work required in connection with any proposed
development of land within the Township and the fees, expenses or
charges or the estimated pro rata costs to the Township for any services
rendered by any Township official or employee, all as directed by
the Township Committee under circumstances where the Township is entitled
to be reimbursed for the costs, expenses and charges incurred by it
in connection therewith.
Except where there is a specific ordinance requirement
as to the amount of any deposit, the Township Committee shall, by
resolution, detail the services to be performed by any of the Township
officials, or employees and shall obtain an estimate of the costs
of such services, and of all other charges or costs which may be involved.
The resolution shall provide the sum which shall be deposited by the
third person, firm or corporation as agreed with the Township Committee,
and all terms and conditions relating thereto. The amount, upon receipt,
shall be deposited in the trust account and shall be disbursed therefrom
only as may be directed by the Township Committee.
Upon deposit of the sum as directed by the Township
Committee in the trust account, the officers or employees of the Township
who have been so designated or directed may proceed to perform such
services or incur such costs or expenses as may be necessary for carrying
out of the contemplated purposes, and thereafter, upon receipt of
proper vouchers and approval by the Township Committee, the costs,
expenses or fees for which vouchers have been submitted and approved
shall be paid out of the trust account. Any funds remaining after
the payment of all costs, expenses or fees in connection with any
particular matter or project may be returned to the person, firm or
corporation depositing the funds. Should there be insufficient funds
in the trust account to pay all such expenses, charges or fees the
Township Treasurer and/or Clerk shall immediately notify the depositor
and require that additional funds sufficient to pay all such expenses,
charges or fees be immediately deposited with the Township of Mansfield.
A.
Whenever an amount of money in excess of $5,000 shall
be deposited by an applicant with the Township for professional services
employed by the Township to review applications for development, for
Township inspection fees or to satisfy performance guarantee requirements,
the money, until repaid or applied to the purposes for which it is
deposited, including the applicant's portion of the interest earned
thereon, except as otherwise provided in this section, shall continue
to be the property of the applicant and shall be held in trust by
the Township. Money so deposited shall be held in escrow by depositing
the same in the trust account established by this section. The Township Treasurer
shall deposit the money 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. The Township shall
not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the Township Treasurer annually
or at the time the deposit is repaid, or applied to the purposes for
which it is deposited, as the case may be; except that the Township
shall retain for administrative expenses a sum equivalent to 33 1/3%
of such interest which shall be in lieu of all other administrative
and custodial expenses. It is the intent of this subsection to comply
with N.J.S.A. 40:55D-53.1.
B.
In the event there are any amendments to the above
statute, this section shall be deemed amended to comply with the statute.
