The Planning Board shall also have the following powers and duties:

A. To make and adopt and from time to time amend a Master Plan for the physical development of the township, including any areas outside its boundaries, which in the board's judgment bear essential relation to the planning of the township, in accordance with the provisions of N.J.S.A 40 55D-28

B. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

C.To assemble data on a continuing basis as part of a continuous planning proem.

D.To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend the same to the governing body

E. To consider and make report to the governing body within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of NJ S A. 40.55D-26a, and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of NJ S A 55D-26a

F.To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

A. A Zoning Board of Adjustment is hereby reestablished pursuant to N.J.S.A 40 55D-69 et seq., consisting of seven (7) regular members who are residents of the Township of Holland appointed by the governing body to serve for terms of four (4) years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment, provided that the initial term of no member shall exceed four (4) years. Thereafter the term of each member shall be for four (4) years. Nothing in this Article shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.

B. There shall also be appointed by the governing body two (2) residents of the township, who shall serve as alternate members of the Board for a term of two (2) years. They shall be designated by the governing body at the time of appointment as 'Alternate No I' and 'Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member shall vote, Alternate No. 1 shall vote. [Amended 3-679; 4-15-80 by Ord No. 80-6]

C.No member of the Zoning Board of Adjustment may hold any elective office or position under the township

D.A vacancy occurring otherwise than by expiration of term shalt be filled for the unexpired term only.

E.Any member, after a public hearing if he requests one, may be removed by the governing body for cause. 'Cause' shall be deemed to include, but not be limited to, absence by a member, without reasonable excuse and prior notice thereof to the Chairman, from three (3) consecutive regular or special meetings or absence, without reasonable excuse and prior notice thereof to the Chairman, from three (3) regular or special meetings within any six-month period [Amended 327-79]

The Board of Adjustment shall have such powers as are granted by law to

A.Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance.

B. Hear and decide, by majority vote, requests for interpretation of the Zoning Map or the Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance or this Part 2 to pass.

C. Variance. [Amended 9-15-87 by Ord. No. 1987-8]

(1) Extent

(a) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of a Zoning Ordinance regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon, the developer of such property, grant, upon an application of such regulation relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship

(b) Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from a Zoning Ordinance regulation

(2) No variance from those departures enumerated in N.J.S.A. 40.55D-70d shall be granted under this subsection, and the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to N J S A. 40.55D-60

D. Special cases. [Amended 4-15-80 by Ord No. 80-6; 9-15-87 by Ord. No. 1987-8]

(1) In particular cases and for special reasons, grant a variance to allow departure from Zoning Ordinance regulations to permit

(a) A use or principal structure in a district restricted against such use or principal structure.

(b) An expansion of a nonconforming use.

(c) Deviation from a specification or standard pertaining solely to a conditional use.

(d) An increase in the permitted floor area ratio as defined in N.J.S.A. 40-55D-4.

(e) An increase in the permitted density as defined in N J.S A 40 55D-4, except as applied to the required lot area for a lot or lots for detached one- or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision

(2) A variance under this subsection shall be granted only by affirmative vote of at least five (5) members.

E.Grant direction pursuant to NJ S A. 40 55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A 40 55D-32.

F. Grant direction pursuant to N.J.S.A 40-55D-36 for issuance of a permit for a building or structure not related to a street

No variance or other relief may be granted under the provisions of this Article unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.

Any application under any subsection of this Article may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act

The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or not later than one hundred twenty (120) days after the submission of a complete application for development to the Board of Adjustment. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

In the granting of variances, pursuant to N J S A 40 55D-70c and d, the approving authority may condition the variance granted on the obtaining of a building permit or zoning permit within one (1) year or other reasonable time specified thereafter.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members Both Boards shall select a Secretary and may select an Assistant Secretary who may be members of the Board or municipal employees.

There is hereby created the office of Planning Board Attorney and the office of Attorney to the Zoning Board of Adjustment Each Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective Board Attorney who shall be an attorney other than the Municipal Attorney. The Planning Board and the Zoning Board of Adjustment may also employ or contract for the services -of experts and other staff and services as they may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use

Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter

No member or alternate member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto

A. Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

B. No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of a quorum except where a specified portion of the full authorized membership is required by statute. (N.J.S.A. 40.55D-34 and 55D-70d.) [Amended 4-15-80 by Ord. No. 80-6]

C.All regular meetings and all special meetings shall, as required by law, be open to the public Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231 of the Laws of New Jersey 1975.40

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.

A. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter

B.Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A 2A-67A-1 et seq., shall apply. [Amended 9-6-77]

C. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

D.Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense

E. A member of a municipal agency who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording. [Added 4-15-80 by Ord. No. 80-6]

Upon written request of an applicant, the Township Clerk shall, within seven (7) days, make and certify a list from the current tax duplicates of the township of names and addresses of owners to whom the applicant is required to give notice pursuant to N.J.S.A 40 55D 12b A fee of ten dollars ($10 ) shall be paid to the township for such list

A. [Amended 4-4-84 by Ord. No. 84-3] A public hearing shall be held on each application for development, other than for applications requiring only minor subdivision or minor site plan approval, or both. All public hearings shall be scheduled by the approving authority on reasonable notice to the applicant All public hearings on applications for development shall follow the requirements of the Municipal Land Use Law," which are in part as follows:

(1) Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the hearing date during normal business hours in the office of the Township Clerk.

(2) The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means

(3) Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include the findings of facts and conclusions based thereon. [Amended 4-15-80 by Ord. No. 80-6]

B.Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

C. Resolution or memorialization. [Amended 4-15-80 by Ord. No. 80-6]

(1) The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final forty-five (45) days of the applicable time period for rendering a decision on the application for development, within forty-five (45) days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

(2) The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency-, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon

(3) Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection D

D.A copy of the decision shall be mailed by the approving authority within ten (10) days of the date of the decision to the applicant or, if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

E. All notices of hearings shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street addresses, if any, or by reference to lot and block numbers, as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents, for which approval is sought, are available for public inspection.

F. [Amended 4-15-80 by Ord. No. 80-6] All of the following notices shall be the responsibility of the applicant and shall be given at least ten (10) days prior to the hearing date established by the approving authority.

(1) Public notice of the hearing shall be given by publication in the official newspaper of the municipality, if there he one, or in a newspaper of general circulation in the municipality.

(2) Notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within two hundred (200) feet in all directions of the property which is the subject of such hearing. This notice shall be given by either serving a copy thereof on the property owner as shown on the said current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate

(3) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

(4) Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

(5) Notice shall be given by personal service or certified mail to:

(a) The County Planning Board where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary.

(b) The Commissioner of Transportation where the hearing concerns an application for development of property adjacent to a state highway.

(c) The Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds one hundred fifty (150) acres or exceeds five hundred (500) dwelling units, and the notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.

G.The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.

A.All the provisions of the Zoning Ordinance' shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use

B.All developments which require subdivision or site plan approval shall comply with all the design and performance standards, including conditions imposed by the approving authority, as shown on the approved plat and/or included in the resolution adopted by the approving authority.

A. Filing Fees.

The developer shall, at the time of filing a submission, pay the following Filing Fees to the Township by certified check, bank money order or good check. Proposals involving more than one (1) use shall pay a Filing Fee equaling the sum of the Filing Fees for the component elements of the plat or submission. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance shall pay a Filing Fee equal to the sun of the Filing Fee for each element:

(1) Informal (conceptual) review: seventy-five dollars ($75.), which may be waived by the Planning Board in the event of minimal discussion or consideration, and the fees so paid shall, as required by the Municipal Land Use Law, be a credit toward fees for review of an application involving the development.

(2) Minor subdivision approval: one hundred dollars ($100.) plus one hundred dollars ($100.) per lot.

(3) Major subdivision approval.

(a) Preliminary plat; five hundred dollars ($500.).

(b) Final plat: one hundred fifty dollars ($150.).

(4) Site plan approval.

(a) Minor site plan approval: one hundred fifty dollars ($150.).

(b) Preliminary major site plan- five hundred dollars ($500.)

(c) Final major site plan: one hundred fifty dollars ($150.).

(d) As to any application for site plan approval of a development involving a well or wells under the circumstances described in Sees. 10035H(2), (3) or (5) or 100-73H(2), (3) or (5), a fee of five hundred dollars ($500.) (in addition to the foregoing fee) shall be paid at the time the application for preliminary approval is submitted.

(5) Variances, etc.

(a) Hear and decide appeals, map interpretations, and other matters under N.J.S.A. 40:55D-70a. or b.: one hundred fifty dollars ($150.).

(b) Hardship or other Subsection c variance: two hundred fifty dollars ($250.).

(c) Use or other Subsection d variance: three hundred fifty dollars ($350.).

(d) Construction permit in conflict with official Map or construction permit for lot not related to a street; two hundred fifty dollars ($250.).

(6) Conditional uses: three hundred fifty dollars ($350.).

(7) Appeal to Township Committee. Any appeal to the Township Committee shall be accompanied by a fee of four hundred dollars ($400.). The appellant shall arrange for the transcript, as provided by N.J.S.A. 40:55D-17c. and 40:55D-10, the cost of the transcript to be paid for by the appellant.

B. Review Fees Escrow Deposits.

The Filing Fees hereinabove set forth are based upon normal services required for processing applications for development and include among other expenses the services of the approving authority secretary or clerk in handling the application. Such Filing Fees are not intended to cover the following costs (also hereinafter called Review Costs: (i) The cost of the technical reviews of the application by experts such as the Township Engineer, the Township planning consultant, and any other professional experts and consultants, whose review, study, research and reports and/or testimony are deemed necessary by the approving authority in order to assure compliance with applicable laws, ordinances, rules and regulations, and (ii) The charges of the approving authority attorney and costs of certified shorthand reporter taking down proceedings at approving authority meetings, associated with the review or processing of the application. In addition to the foregoing Filing Fees, each applicant for development approval shall establish one or more escrow accounts with the Township to cover Review Costs associated with the review and processing of the application. A Review Fee, equivalent to the total of the Review Costs which are finally determined as hereinafter provided, is hereby established.

At the time of submitting an application for development and periodically thereafter, the applicant shall deposit to the escrow account the amounts hereinafter provided which are designed to cover the Review Fee, and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the approving authority. All Filing Fees and the required applicant.

Initial escrow deposit must be paid prior to certification that the application is complete. In the event that the amounts required to be posted by this subsection are not sufficient to cover the Review Costs, the approving authority shall request additional escrow funds, in accordance with the procedure hereinafter set forth, which shall be paid by the

The initial deposit to an for Review Costs shall be in an amount calculated as follows:

(1) Informal (conceptual) review: one hundred dollars ($100.) per lot.

(2) Minor subdivision approval- five hundred dollars ($500.) per lot.

(3) Major subdivision, preliminary plat: four hundred dollars ($400.) per lot or unit, minimum $4,000.

(4) Major subdivision, final plat: five hundred dollars ($500.) plus one hundred eighty ($180.) per lot or unit; minimum $1,800.

(5) Conditional uses, and hardship or other subsection c. variances: one thousand dollars ($1,000.).

(6) Minor site plan: three hundred fifty dollars ($350.).

(7) Preliminary major site plan: two hundred fifty dollars ($250.), plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of building for all levels.

(8) Final major site plan: two hundred fifty dollars ($250.), plus $1.00 per 1,000 square feet of lot area, plus $1.00 per 100 square feet of gross floor area of building for all levels.

(9) Hearing on appeal pursuant to N.J.S.A. 40:55D-70a or b.: seven hundred fifty dollars ($750.).

(10) Hardship or other subsection c. variance: one thousand dollars ($2,000.).

(11) Use or other subsection d. variance: two thousand dollars ($2,000.).

(12) Construction permit in conflict with official map or construction permit for lot not related to street: one thousand dollars ($1,000.) per lot.

*(Lot area is defined as either the minimum lot size permitted in the zone where approval is being sought or the total lot area in the property under consideration if further subdivision is not possible.)

The escrow deposit shall be utilized for Review Fees which are based upon the Review Costs. The professional services constituting the Review Costs shall be calculated in accordance with the actual time required for the review, study, research, report and/or testimony, at rates established by a schedule of professional fees adopted and from time to time amended by resolution of the Township Committee, when requested by the Planning Board or Board of Adjustment of the Township. This schedule shall be maintained in the office of the Township Clerk as well as the Office of the administrative officer of the Township Planning Board and Board of Adjustment for public inspection.

The approving authority shall review all Review Costs to be assessed to an escrow account as determined in accordance with the aforementioned schedule of professional fees, as well as the need therefor. In making such review, the approving authority shall consider the following criteria as they apply to the particular application:

(1) The presence or absence of public water and/or sewer servicing the site.

(2) Environmental considerations, including but not limited to geological, hydrological and other ecological factors.

(3) Traffic impact of the proposed development.

(4) Impact of the proposed development on existing aquifer and/or water quality.

(5) Changes in the application which require additional review.

(6) Length of time of hearings and other meetings reasonably required to process the application.

(7) Amount of time involved in the professional review and report, and the reasonableness of the charges for such.

If the approving authority determines the costs are reasonable, such costs as so determined shall constitute part of the Review Fee, and the approving authority shall forward its determination to the Township Treasurer who shall withdraw such amount from the escrow account and pay over the same to the Township. All professionals, certified shorthand reporters, and other persons, engaged by any approving authority in connection with the application and whose services are to be paid from an escrow account, shall submit vouchers for all fees and expenses for their services to the approving authority for approval, itemized by application, after which the voucher shall be forwarded to the Township Clerk and paid in the regular manner.

C. Inspection Escrow Deposits.

The construction and final inspection escrow deposit (hereinafter called Inspection Deposit) is intended to cover the cost of engineering inspection services by the Township Engineer, required during the course of the construction of subdivision or site plan improvements. The Inspection Deposit shall be used to pay for these services from the commencement of construction (date of pre-construction conference shall be commencement of construction) until said improvements have been 100 percent completed and any required maintenance period has expired, or in the case of a subdivision, until all improvements have been 100 percent completed, the maintenance period has expired, and any improvements to be accepted into the municipal system have been so accepted.

The initial Inspection Deposit shall be in an amount calculated as follows:

The foregoing initial Inspection Deposit shall be paid to the Township (or provided for as stated below) at the following time:

(1) In all events, actually paid before the commencement of construction of the development for which the particular approval was given;

(2) If said construction has not actually commenced by the time of said final approval, then either (1) actually paid before final approval of the particular application for development; or (ii) included in the calculation of the performance guarantee cost estimate and a guarantee of the payment thereof prior to said construction included in the terms of the performance guarantee, in which event the deposit shall actually be paid prior to the commencement of said construction.

D. Administration of Escrow Deposits

The provisions of this Subsection D. shall apply to both Review Fees and Inspection Deposits.

Each escrow deposit shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. Review Fees escrow deposits shall be in -an account separate from Inspection Deposits. The 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.

All interest earned on any account shall be retained in the account until paid over as hereinafter provided.

The escrow deposit and account associated with each application shall be replenished whenever the original escrow deposit is reduced by payments and approved charges against the account to 35% or less of the original amount. The Township Treasurer, or the Treasurer or approving authority administrative officer in the case of a Review Fees escrow deposit, shall notify the applicant to replenish the escrow, and the applicant shall upon request deposit up to loot of the original escrow account. In addition to all of the above, if the Township Treasurer, or the Treasurer or said administrative officer in the case of a Review Fees escrow deposit, shall determine that the approved additional estimated cost exceeds any of the foregoing amounts, the Treasurer or administrative officer (as the case may be) shall require such additional amounts as shall be required to cover such expenses. No further consideration, review, processing or inspection shall be performed by or on behalf of the approving authority until the additional escrow has been paid.

In the event the applicant believes any amount charged or to be charged to his escrow deposit is unreasonable, the applicant may file a written objection with respect thereto with the administrative officer in the case of a Review Fees escrow deposit or with the Township Treasurer in the case of a Inspection Deposit, in which event a detailed explanation of the Review Costs or inspection costs (as the case may be) so charged, or to be charged, will be provided for the applicant. If the applicant was sent written notice that such amount was so charged or would be so charged, he shall file such written objection within 10 days after such written notice was sent to him. The applicant may within 5 days after the administrative officer or Treasurer forwards such detailed statement, request (by notice in writing received by the approving authority secretary or clerk in the case of a Review Fees escrow deposit or by the Township Treasurer in the case of an Inspection Deposit) that a hearing to be held by the approving authority in the case of a Review Fees escrow deposit or by the Township Committee in the case of an Inspection Deposit, on notice to the applicant and the approving authority or Township Committee, to review the propriety of the payment from the escrow account.

The applicant may also, in the case of a Review Fees escrow deposit, within 10 days after the decision of the approving authority following the hearing, appeal its decision to the Township Committee by written notice of appeal received within such time by the Township Clerk. The appellant shall provide the Township Committee with that portion of the transcript of the Planning Board or Board of Adjustment hearing on the matter, at the appellant's cost, and the appeal shall be on the record made before the Board.

The approving authority or Township Committee shall hold any hearing it conducts (as provided for above in this subsection) within 30 days of receiving the request for such hearing. A decision of the reviewing body, following such hearing shall be embodied in a resolution containing findings of fact and conclusions. The Township Committee, when acting as an appellate body from a decision of the approving authority, may affirm, or alter, the approving authority's decision.

If any Review Fees escrow amount is unexpended upon final and unconditional approval (or denial), said amount shall be returned to the applicant or, at the developer's request, applied to the next phase. If any Inspection Deposit amount is unexpended after the expiration of the time period described at the end of the first paragraph of subsection C. of this Section, said amount shall be returned to the developer.

The Township Treasurer shall pay to the applicant at the termination of the escrow account 2/3 of the interest earned on any such account where the amount(s) deposited into the account (exclusive of interest) exceeds $5,000, with the remaining 1/3 of such interest being paid over to the Township. The Township shall retain all interest earned on an escrow account where the amount(s) deposited into the account (exclusive of interest) do not exceed $5,000. After the completion of the review of an application for development by the approving authority, whether preliminary or final, or upon the withdrawal of an application (or the conclusion of the informal discussion if the deposit was made for that purpose and is not to be credited toward an application for development), and after all Review Costs have been paid from the escrow account for such application, the Township Treasurer shall refund to the applicant all deposit monies remaining in the account together with the interest, if any, which the applicant is entitled to receive. After the interest which the Township is entitled to receive is paid over to the Township, the escrow account shall be terminated.

E. Payment of Fees Required.

All permits, determinations, resolutions, or certificates of approval are subject to the payment of all required fees, including the Filing Fee(s) stated above and the Review Fee (which is the aggregate of the finally determined Review Costs). No application shall be deemed complete until the required Filing Fee(s) , and the required initial escrow deposit amounts, have been paid to the Township. The full payment of the proper Filing Fee(s), the Review Fee(s) as finally determined, any fees required under Section 100-147.1 and 100147.2, and (where appropriate to the particular application) the Construction and Final Escrow Deposits, are required conditions for the approval of an application for development, and action to approve such application shall not be taken until such full payment has been made."