**Webmasters Note: The previous chart has been amended as per Ordinance No. 05-8.

§45-39. Continuing adequacy of professional review escrow account.

During administration of land use applications, if it appears that the actual costs incur-red by the township in administrative review response to the application submitted exceed, or are anticipated to exceed the balance of funds on deposit in the professional review escrow account, the applicant shall be so notified, in writing, by either the Chief Financial Officer of the township or the Secretary to the land use board before which said application is pending, whereupon the applicant shall be required to pay such additional amounts as are reasonably anticipated to be sufficient for the purposes of completing the administration of the application. Failure of the applicant to remit the additional required deposit within 15 days of the date of the written request to do so shall render the application incomplete, and no further proceedings or actions shall be taken thereon by either the Planning Board or Zoning Board of Adjustment until there shall be compliance with the request.

§45-40. Inspection fees.

A. Engineering inspection fees for site improvements undertaken pursuant to approved subdivisions or site plans are limited, except in extraordinary circumstances, to the greater of $500 or 5% percent of the estimated cost of the improvements, which costs shall be determined by the Township Engineer, based upon documented construction costs for public improvements prevailing in the general area of the township.

B. "Extraordinary circumstances" shall be deemed to mean those circumstances attending the undertaking and completion of improvements to a site which is the subject of an approved subdivision or site plan which include, but are not limited to an unusually protracted schedule or duration of completion of improvements; excessive delays between construction activities requiring inspections; and unusual number of delays or interruptions in the construction schedule; construction not in accordance with applicable requirements requiring replacement or reconstruction of unsatisfactory items; failure of the developer or his contractor to provide adequate advance notice to the Township Engineer of the scheduling of the construction of improvements; construction work not taking place as scheduled as noticed to the Township Engineer; and other types of delays in completing the sequence of construction resulting in additional site inspections by the Township Engineer beyond what would normally be expected.

§45-41. Payment of professional service vouchers.

If at the conclusion of administration of a particular land development application, the funds remaining on deposit in the professional review escrow account to the credit of the applicant are not adequate to pay the amount of outstanding vouchers for professional services rendered in administrative review response to the application and the applicant has refused or neglected to pay such additional amounts due, for a period of 90 days from the date of a written request to do so, the Chief Financial Officer of the township shall be authorized to pay such vouchers out the general fund, whereupon the Township Attorney shall be authorized to institute legal proceedings against the applicant for collection of such funds.

§45-42. Special meetings.

A. Special professional meeting. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board's engineer, planner or attorney. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Chairperson of the Board attorney. If the request is directed to one of the Board's professionals, the professional shall notify the Chairperson, in writing, of the time and place of the meeting.

B. Special Planning Board or Zoning Board of Adjustment meeting. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Board Chairperson.

C. Special meetings as defined above shall be of no more than three-hour duration. The applicant shall post the required fee as defined in § 45-38F into the professional review escrow account for such meeting prior to or at the commencement of the meeting. The time of the Board's professionals required to prepare for, attend, and follow up after such special meeting shall be charged against the applicant's professional review escrow account. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting.

§45-43. Apportionment of professional consultant fees for attendance at board meetings.



A. The charges for services of the Board engineer, attorney and planning consultant for attendance at Board meetings are rendered in administrative review response to an applicant or application for development on the Board agenda, shall be apportioned on a pro rata time basis to each applicant or application appearing on the agenda of any such meeting and the professional services vouchers rendered by each such Board professional shall be itemized and apportioned to each separate matter appearing on the agenda.

B. The charges apportioned to an applicant or development application shall be charged against the professional review escrow account required to be posted by the applicant.

C. Charges for professional services rendered to the Board for attendance at all regular and special meetings, or any portion thereof, and all other professional services which do not related directly to an applicant or development application shall be charged against and paid from the township general fund with funds budgeted by the Planning Board or Zoning Board of Adjustment.

§45-44. Engagement of outside consultants.

In the event that either the Planning Board or Zoning Board of Adjustment deems it advisable or necessary to engage the services of professional consultants other than the Planning Board or Zoning Board of Adjustment engineer, attorney or planner to assist either the Planning Board or Zoning Board of Adjustment in the review and administration of a land use application or to render reports, advice and recommendations with respect thereto, the Board reviewing such land use application shall make the determination as to its intention to engage the services of such consultant and shall so advise the applicant in writing. The Board shall obtain from such professional consultant an estimate of the cost of the services to be rendered and the applicant shall be so advised, whereupon the applicant shall be required to post with the Secretary of the Board funds in the amount of such estimate which shall be deposited in the developer's professional review escrow account. In the event that the applicant fails to deposit the estimated funds, the application shall be deemed to be incomplete at that point and the applicant shall be so advised in writing and no further proceedings or action shall be taken by the Board until such additional funds have been deposited.

§45-45. Exclusivity of fees.

The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the township to cover the costs of furnishing copies, ordinances, list of property owners, transcripts or the inspection of buildings or improvements in conjunction with the issuance of construction permits or occupancy permits.

§45-46. Interest on deposits.

In the event that any fees paid by an applicant into the professional review escrow account shall exceed $5,000, such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40-55D-53. 1. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1 The township shall maintain records of all fees paid in accordance with generally accepted accounting principles.

§45-47. Rates of compensation.

A. The township shall make all payments to professionals for services rendered to the township for review of applications for development, review and preparation of documents, inspection of improvements and all other purposes enabled under the provisions of N.J.S.A. 40:55D-1 et seq. All deposits required of a developer for anticipated expenses for such professional services shall be placed in an escrow account subject to administration and the provisions of N.J.S.A. 40:55D-53.1.

B. All payments charged to such escrow account shall be made pursuant to vouchers from the professionals rendering services thereto, which shall state the hours devoted to the service, the hourly rate and any expenses incurred.

C. The township shall render a written final accounting to the applicant for development on the uses to which the escrow deposit was put. Thereafter the township shall, upon written request from a developer, provide copies of the vouchers to that developer.

D. For all professionals, other than those whose salary, staff support and overhead are provided by the township, the charge to the escrow account shall be at the same rate and in the same manner as for all other work of the same nature by the professional employed by the township.

CHAPTER 123 DEFINITIONS