In addition to the initial fees or charges as elsewhere set
forth, the municipal agency shall require escrow deposits in accordance
with the Administrative Code of the Township. The Chief Financial
Officer (CFO) shall make all of the payments to professionals for
services rendered to the Township or approving authority for review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes under the provisions
of N.J.S.A. 40:55D-1 et seq. The application review and inspection
charges shall be limited only to professional charges for review of
applications for development, review and preparation of documents
and for inspection of improvements for developments under construction
and for review by outside consultants when an application is of a
nature beyond the scope of the expertise of the professionals of the
Township. The only cost to be added to any such charge shall be actual
out-of-pocket expenses of such professionals or consultants, including
typical and normal expenses incurred in processing applications and
inspecting improvements. No applicant shall be charged for any municipal,
clerical or administrative functions, overhead expenses, meeting room
charges or any of the municipal costs and expenses except as specifically
provided by statute, nor shall any municipal professional add such
charge to the bill. Charges for professionals employed by the Township
shall be billed pursuant to the provisions of N.J.S.A. 40:55D-53.2.
The Township shall be entitled to reimbursement for the review
of applications, both as to completeness and content; for review and
preparation of documents; for review of compliance with approval conditions;
for correspondence relating to the foregoing; and for other related
purposes.
Deposits in excess of $5,000 shall be held by the CFO in a special
interest-bearing account. Upon receipt of and approval of authorized
bills, the CFO may pay same from the account. The Township shall not
be required to refund interest which does not exceed $100 for the
year. If the interest exceeds $100, the entire amount of interest
shall be refunded annually to the applicant or applied for the purposes
of the escrow. The Township may retain one-third of the interest for
administrative and custodial expenses. All sums not actually expended
shall be returned within 90 days after the final action of the municipal
agency or the Township relating to an application or approval upon
certification of the Board Secretary that the application and all
contingencies are complete.
No permits or certificates of occupancy may be issued with respect
to any approved application until all bills for reimbursable services
have been received by the Township from professionals rendering services
in connection with the application and payment has been made.
All professional charges for review of an application for development,
review and preparation of documents and/or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application pending or the improvement being constructed. Review
charges shall only be charged with respect to a pending application,
request by an applicant for modification or amendment or review of
approval or improvements and/or conditions of approval. A professional
shall not charge for review of items which are subject to approval
by any state agency and not under Township jurisdiction except to
the extent necessary to consult with the state.
Inspection fees shall be charged only for actual work shown
on the approved plan, amendment or modification or for inspection
of improvements and/or conditions of approval. Inspections must be
reasonable and necessary to check progress and quality of work.
The Township shall be responsible for the payment of fees to
any substituted professional necessary to familiarize the substitute
with the application, improvements or conditions of approval. The
escrow shall not be billed for such time and fees.
The cost of the installation of improvements for N.J.S.A. 40:55D-53
shall be estimated by the Township Engineer based on documented construction
costs for public improvements prevailing in the general area of the
Township. The developer may appeal the estimate to the County Construction
Board of Appeals pursuant to N.J.S.A. 52:27D-127.