(A) Application escrow.
(1) All fees other than application fees, inspection escrows and miscellaneous fees shall be escrow fees to pay the services of any professional personnel employed by the reviewing board or the Township Committee to process, review, inspect, study or make recommendations to such reviewing board or the Township Committee concerning the nature and substance of the applicant's application and/or to pay the services of any such professional personnel and the costs and expenses incurred by such professional personnel, the reviewing board and/or the Township Committee to create, amend or modify, including, but not limited to, the costs and expenses to draft, finalize and publish, the official Tax Map and/or Zoning Map of the township, which creation, amendment and/or modification is necessitated by the approval of the applicant's application.
(2) If during the existence of this escrow account the balance of funds held by the township shall be insufficient to cover vouchers submitted by the professionals, the applicant shall deposit additional sums with the township to voucher the amount of the deficit and the anticipated amount to cover all remaining work within 10 days after receipt of written notice from the township of the amounts owed. In the event that an applicant fails to deposit the additional escrow moneys as required within the time set forth in this subsection, the township, through its agents and employees, shall take whatever action it deems necessary in order to compel the payment of the escrow amount. In addition, the professional personnel may take any action individually as they deem necessary to satisfy the vouchers submitted. Notwithstanding the foregoing, any applicant who does not deposit such additional escrow moneys within 30 days after receipt of written notice from the township of the amounts owed shall be charged a late fee equal to 10% times the amounts owed from the date such sums were due pursuant to such notice until paid in full (including all accrued late fees). No permit, approval or certificate shall be issued to any applicant or property owner by the reviewing board, Zoning Officer, Township Committee, Township Clerk or any other agency of the township unless all amounts owed pursuant to this section by such applicant or owner or with respect to the subject property are paid in full.
(3) All excess moneys in the escrow account will be returned, at the time of final release of maintenance guaranties for improvements completed as part of the development approval, to the applicant with a statement of money expended against the account. If at any time prior to final approval the applicant elects to withdraw his request for approval and abandon the project, any moneys remaining in the escrow account, after all proper charges have been paid, will be returned to the applicant with a statement of money expended against the account.
(B) Inspection escrows. The cost of all inspections by the Township Engineer shall be the responsibility of the applicant, and the applicant shall deposit the necessary inspection fees with the township prior to the issuance of a building permit or zoning permit. The inspection escrow shall be in addition to the amount of any required performance or maintenance guarantees, application fees and application escrows and shall consist of a sum equal to the greater of $500 or 5% of the total cost of the improvements as determined pursuant to § 156.030 above. If the calculated amount of inspection escrows is $10,000 or greater, the applicant shall have the right to deliver the inspection escrows to the township in four installments, the initial amount deposited being not less then 25% of the calculated escrow amount. When the balance held in the escrow drops to 10% of the calculated amount due to the fact that escrowed funds have been paid to the Township Engineer for invoiced inspections which have occurred, the applicant shall make additional deposits of 25% of the calculated amount. The Township Engineer shall not perform any inspection if insufficient funds to pay those inspections are not on deposit. Funds which are unexpended after 90 days of the issuance of a certificate of occupancy or a certificate of conformance shall be returned to the applicant upon request, in writing, to the reviewing board. The applicant shall immediately pay upon demand all additional site inspection costs as are necessary and reasonable.
(Ord. 945-99, passed 9-13-99)