A. The applicant shall at the time of filing a submission pay the following nonrefundable fees to the Town of Hammonton. Proposals involving more than one use or application type shall pay a fee equal to the sum of the fee for each element. Fees shall be paid by cash or certified check.
B. The application fees stated below are nonrefundable. Escrow funds not used may be returned to the applicant upon his request.
C. The escrow fees shall be paid to the board and shall be held in escrow to cover the costs of professional services and board review, including engineering and legal or other incidental costs.
D. The applicant, as a condition of submission, shall agree in writing to pay all reasonable and necessary costs for professional review of the application and plans for inspection of required improvements and for other professional and secretarial services required by this application.
E. The applicant shall also agree that upon notification of the need for additional escrow funds, said moneys will be immediately paid.
F. Form of agreement to be executed by applicant/developer. All applications submitted to the Planning Board or Zoning Board of Adjustment of the Town of Hammonton shall include a fully executed agreement to pay fees, the form of which is as follows:
[Added 2-26-2001 by Ord. No. 1-2001]
AGREEMENT TO PAY FEES
THIS AGREEMENT, made and entered on this _________day of _____________, 20____ by and between the Town of Hammonton, a Municipal Corporation of the State of New Jersey (hereinafter "TOWN") and (hereinafter "APPLICANT/DEVELOPER") is made upon the following terms and conditions:
1. AGREEMENT TO PAY FEES: APPLICANT/DEVELOPER hereby covenants and agrees to pay all charges and fees imposed by TOWN in connection with the Application for Development filed contemporaneously herewith. Such fees include but are not limited to application fees, attorney's review fees, environmental study review fees, engineer's review fee, planner's review fees, court stenographer fees, copy costs and postage.
2. ESCROW DEPOSIT: The TOWN hereby acknowledges receipt of $ , said sum being a cash deposit to be placed in a Town escrow account to cover the cost of the aforementioned review fees. Such sum shall be charged periodically as fees and charges accrue, and the balance of the escrow sum, if any after all charges and fees have been paid, shall be returned to APPLICANT/DEVELOPER.
3. ADDITIONAL PAYMENTS: The APPLICANT/DEVELOPER agrees to pay any additional sum required to pay charges and fees not covered by the escrow deposit within 15 days after receipt of billing by the TOWN. The APPLICANT/DEVELOPER understands and agrees to pay such sum notwithstanding any dispute as to the reasonableness of fees and charges. Payment shall not constitute a waiver of the right to challenge the reasonableness of charges and fees as set forth hereinbelow.
4. CONTEST OF REASONABLENESS: APPLICANT/DEVELOPER agrees that the reasonableness of any fee or charge may be challenged by an appropriate legal action brought within 45 days from the date that the APPLICANT/DEVELOPER escrow deposit balance is returned or 45 days from the date the APPLICANT/DEVELOPER receives notice that additional payments are requested to pay charges and fees not covered by the escrow deposit. APPLICANT/DEVELOPER understands and agrees that the aforesaid procedure shall be the sole and exclusive method of challenging the reasonableness of charges and fees and hereby waives any longer statute of limitations.
5. NOTICE: APPLICANT/DEVELOPER agrees that all notices or refunds to the APPLICANT/DEVELOPER shall be mailed to the following address:
6. COLLECTION: Should the APPLICANT/DEVELOPER fail to pay any sum required to be paid hereunder when due, TOWN shall be entitled to pursue all remedies at law or equity. Interest shall accrue at the rate of 18% per annum simple interest on all sums unpaid after the due date. The TOWN may collect a reasonable attorney's fee, which shall not be less than $300, should litigation for the purpose of collecting any sum be commenced.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their hands the date first above written.
TOWN OF HAMMONTON APPLICANT/DEVELOPER
Signature Signature
Project Name:
Project Location:
Applicant/Developer Name:
Applicant/Developer Address:
Applicant/Developer Federal I.D. Number:
Applicant/Developer Social Security Number:
Bill to (name and address if different from above):
Name:
Address:
Phone: ____________________ (Business) ______________________ (Other)
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