The duty of enforcing and administering the provisions of these land development and zoning chapters is hereby conferred upon the zoning officer who shall have such powers as are conferred upon him or her by ordinance, statute or may be reasonably implied. Nothing herein shall prevent the township's chief financial officer from enforcing those provisions having to do with the required payment and maintenance of such fees and escrow deposits required of applicants who have filed applications for development or other forms of relief.

(Ord. 18-2003 § 3; prior code § 12-4)

The construction official shall examine or inspect any plans, buildings or premises to insure they are not in violation of this title. Applications for zoning permits shall be made in the manner established by the construction official.

(Prior code § 12-11.1)

A zoning permit issued by the zoning officer stating that the project complies with the township ordinance requirements shall be required prior to the erection or structural alteration of any building, structure or portion thereof, and prior to the use or change in use of a building or land, and prior to the change or extension of a non-conforming use, and prior to the erection, creation or alteration of a sign at a cost in excess of two hundred dollars ($200.00).

(Ord. 11-2003 (part))

Application for permit shall be in writing to the zoning officer on such forms that may be furnished by the Township of East Greenwich. Such application shall contain all information necessary for the zoning administration officer to ascertain whether the proposed erection, alteration, use, or change complies with the provisions of this title.

(Ord. 11-2003 (part))

Permits shall be granted or refused within ten (10) days after the written application has been filed with the zoning officer. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the zoning officer of such completion. No permit shall be considered complete or permanently effected until the zoning officer has certified that the work has been inspected and approved as being in conformity with the provisions of this title and other applicable ordinances.

(Ord. 11-2003 (part))

A.

Fees for permits shall be paid in accordance with a fee schedule adopted by the township committee and all such fees shall be paid into the township treasury.

B.

Each applicant for an appeal, conditional use, or variance shall at the time of making application, pay a fee in accordance with the fee schedule set forth in Section 16.04.030 below.

(Ord. 11-2003 (part))

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building or structure or land is used in violation of this title or any regulations made pursuant thereto, the zoning officer or other township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violations, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in and about such premises.

(Ord. 11-2003 (part))

A.

Applications. It is provided that fees shall be due and payable for the making of applications to the planning board and/or the zoning board of adjustment, made pursuant to the respective powers of such boards and in accordance with the schedule contained herein.

B.

Payment Procedure. All fees hereby required shall be paid by the applicant to the secretary or clerk of the board to whom application is made and shall be payable at the time of the making and filing of the application. All fees collected by such officer shall be payable, together with a report of same, to the township treasurer monthly. The report shall contain the date received, the nature of the application indicating any serial number of the action and by whom paid.

C.

Transcripts of Hearings. In the event that a transcript of any hearing from which an appeal is taken is required to be filed with the body hearing the appeal, the applicant shall make a minimum deposit of one hundred dollars ($100.00) on account for the cost of the transcript to be supplied. Such sum shall be credited toward the actual cost, as determined. Any required excess charge shall be first satisfied before the transcript is released. Any excess of deposit shall be returned to the applicant when the transcript is delivered. The deposit shall be made with the secretary or clerk of the body from which the transcript is requested.

D.

Board of Education Exempt from Fees. The East Greenwich Township Board of Education and the Kingsway Regional School District Board of Education are hereby exempt from any fees listed herein, pursuant to the provisions of N.J.S.A. 40:55D-8.d.

E.

Schedule of Fees and Escrow Minimums. The fees required for applications or services are as follows:

E.

Combined Application. Unless otherwise specified herein, a combination of the above applications shall require the combined amounts of fees provided for each individual application.

F.

Resubmission. In the event that an application is denied, certified incomplete or withdrawn by the applicant and the application is subsequently resubmitted or a second application submitted by the same applicant for the same use and on the same site as the original application within sixty (60) days of the denial, incomplete certification or withdrawal, then a new escrow amount must be submitted with such application in accordance with the above schedules, with the exception of the application fee escrow. Should an application be refiled after the application has been denied without prejudice, no new application fee need be submitted. Upon receipt of a formal, written request, the board reviewing the application may recommend to the township committee that the unencumbered balance of the original escrow be refunded to the applicant or credited toward the escrow amount required for any subsequent application or resubmitted application.

G.

Specialized Expert Testimony. When the applicant intends to present specialized expert testimony which is beyond the expertise of the staff and consultants serving the approving authority, the applicant shall increase the professional review escrow account by a minimum of five hundred dollars ($500.00) for each such expert who will testify, in order to enable the approving authority to hire expert consultants to review this testimony.

H.

General Provisions. Fees, as set forth above, are nonrefundable and are to cover the administrative costs incurred by the township in processing applications. The escrow accounts are to pay the cost of professional review by the engineer, solicitor, planner and other professionals employed by the boards to review and make recommendations on an application for development. At the time of submitting an application, the applicant may be required to execute an escrow agreement to cover all necessary and reasonable costs incurred by the technical and professional review with the boards in a form approved by the board attorney. The amounts specified for escrow are estimates which shall be paid prior to certification of a complete application. In the event that more than the amounts specified for escrow are required to pay the reasonable costs incurred, the applicant, prior to being permitted to take the next step in the approval procedure, receive final approval or in any event prior to obtaining occupancy or building permits for any element of the project, shall pay all additional sums required. In the event that the amounts posted are more than those required, the excess funds shall be returned to the applicant within fourteen (14) days of the issuance of final approval or a certificate of occupancy for the project.

(Ord. 18-2003 § 2; Ord. 33-2001, 2001; prior code § 12-11.2)

(Ord. 16-2009, Exh. A; Ord. No. 8-2017, §§ 1, 2, 12-26-2017)

Each applicant and/or developer for any approval which results in the creation of any new lots shall be responsible for paying all reasonable charges incurred by the township engineer in amending the tax map.

(Ord. 19-2003)

The zoning officer shall hear and decide any request for interpretation of the zoning map or zoning chapter, or in regard to any other special questions on which the board is authorized to act. The township's chief financial officer shall interpret the rules and regulations given herein with respect to the payment of fees, escrow deposits and escrow procedures.

(Ord. 18-2003 § 4; prior code § 12-11.3)

The township's chief financial officer, or his or her designee, shall make all of the payments to professionals for services rendered to the planning board for review of applications for development, review and preparation of documents, inspection of improvements or such other purposes as are set forth under the provisions of N.J.S.A. 40:55D-1 et seq. (the MLUL). The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction, and for review by outside consultants, when an application is of a nature beyond the scope of expertise of the in-house staff professionals normally utilized by the Township of East Greenwich. The only cost that shall be added to any such charges shall be the actual out-of-pocket expenses of such professionals or consultants, including normal and typical 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 normally incurred as a part of the township's day-to-day operations, except as provided for specifically by statute, nor shall a township professional add any such charge to his or her bill.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 6)

The Township of East Greenwich and the planning board of East Greenwich Township, shall be entitled to reimbursement for the review of applications, both as to completeness and as to content; for review and preparation of documents such as, but not limited to, drafting resolutions, developer's agreements, and necessary correspondence with an applicant or the applicant's professionals.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 7)

Deposits received from any applicant in excess of five thousand dollars ($5,000.00) shall be held by the chief financial officer of the township in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the chief financial officer may use such funds to pay the bills submitted by such professionals or experts. The township shall not be required to refund an amount of interest paid on an escrow deposit made by an applicant, which does not exceed one hundred dollars ($100.00) for the year. If the amount of interest exceeds one hundred dollars ($100.00), the entire amount shall belong to the applicant and shall be refunded to said applicant by the township annually, or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the township may retain administrative expenses in a sum equivalent to no more than thirty-three and one-third (33 ⅓) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within ninety (90) days after a final decision is made by the planning board, on an application for relief filed with the board, upon certification by the chair of the board, or the board secretary, that such application has been finally decided.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 8)

A.

Payments Charged to Escrow Accounts. Each payment charged to an escrow deposit for review of an application, review and preparation of documents and inspection of improvements, shall be made pursuant to a voucher submitted from the professional, which voucher shall identify the personnel performing the services, and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the chief financial officer, or his or her designee, on a monthly basis in accordance with the schedule and procedures established by the chief financial officer. The professionals shall send an informational copy of all vouchers or statements submitted to the chief financial officer simultaneously to (1) the applicant; and (2) the planning board, as applicable.

B.

Escrow Account Statements. The chief financial officer shall prepare and send to the applicant a statement, which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges are one thousand dollars ($1,000.00) or less, or on a monthly basis if monthly charges exceed one thousand dollars ($1,000.00). If an escrow account or deposit contains insufficient funds to enable the township or the planning board to perform the required application reviews or improvement inspections, the chief financial officer shall provide the applicant with a notice of insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period, but in no case more than fifteen (15) days from the date of the notice of insufficient escrow or deposit balance, post a deposit to the account in an amount to be agreed upon by the township, or the planning board, and the applicant. If no agreement is met, then the amount to be replenished shall equal one-half of the original amount deposited, as set forth herein. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

C.

Escrow Account Deficiencies. In the event that any deficiency exists in any escrow or deposit account for a period greater than thirty (30) days from the date of the notice sent by the chief financial officer notifying the applicant of an insufficient escrow or deposit balance, as provided for herein, then the township or the planning board, as the case may be, shall be authorized to institute collection proceedings against the applicant in order to cure any such deficiency, and such proceedings shall incorporate all legal fees and other costs associated with such action, to the maximum extent permitted by law.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 9)

No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the township from professional personnel rendering services in connection with such application, and payment has been made to said professional personnel.

(Ord. 18-2003 § 10)

A.

Jurisdiction. The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. (the MLUL). They shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53 of the MLUL, in the case of improvement inspection escrows and deposits.

B.

Notice by Applicant. The applicant shall send a written notice by certified mail to the chief financial officer of the township, with a copy to the planning board, that the application and/or improvements are complete or finished. After receipt of such notice, the chief financial officer shall notify each professional involved with the application that they should render a final bill to the chief financial officer within thirty (30) days with a copy of the same being sent simultaneously to the applicant.

C.

Final Accounting. The chief financial officer shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five (45) days of the receipt of all final bills submitted by the professionals involved. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the applicant along with the final accounting.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 11)

All professional charges for a review of an application for development, review and preparation of documents, or inspection of improvements, shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the planning board, or in regard to an informal review of a potential application as before either board, or upon review of compliance with the conditions of approval, or a review of requests for modification or amendment made by an applicant. A professional shall not review items which are subject to approval by any state or county governmental agency to the extent that jurisdiction for such an item resides solely with said agency, except to the extent that consultation with any such agency is necessary due to the effect of such agency approvals on the subdivision or site plan.

(Ord. 18-2003 § 12)

(Ord. 01-2008)

Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.

(Ord. 18-2003 § 13)

If the Township of East Greenwich, or the planning board, as the case may be, retains a different professional or consultant in the place of a professional or consultant originally responsible for a development application review, or inspection of improvements, the township, or the planning board, as appropriate, shall be responsible for all of the time spent and expenses incurred of the new professionals in order for them to become familiar with the application or project. Furthermore, neither the township, nor the planning board, shall bill the applicant, or charge the applicant's deposit or escrow account, for any such services.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 14)

The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-33 shall be estimated by the township engineer based on documented construction costs for the public improvements prevailing in the general area of the township. The developer may appeal the township engineer's estimate to the Gloucester County Construction Board of Appeals, as such appeal process is established by and set forth in N.J.S.A. 52:27D-127.

(Ord. 18-2003 § 15)

A.

Notice of Appeal by Applicant. An applicant shall notify the township committee in writing of any appeal as to charges against an applicant's escrow or deposit account, with copies to the chief financial officer, the planning board, and the applicable professional acting on behalf of the township, or the planning board, against whom the appeal is being taken, whenever the applicant disputes the charges made by a professional for a service rendered to the township in reviewing applications for development, review and preparation of documents, inspection of improvements, or such other charges made pursuant to N.J.S.A. 40:55D-53.2. The township committee (or its designee in the case of assignment of responsibility directly to the planning board) shall, within a reasonable period of time, attempt to resolve any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the Gloucester County Construction Board of Appeals, as established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit made by an applicant, by any professional or consultant working on behalf of the township or its boards, or the cost of installation of improvements estimated by the township engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his or her authorized agent shall submit the appeal in writing to the Gloucester County Construction Board of Appeals. The applicant or his or her agent shall simultaneously send a copy of the appeal to the township committee, the planning board and the professional whose charges are the subject of the appeal. An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher for services rendered as required by N.J.S.A. 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his or her appeal within sixty (60) days from receipt of the township's statement of activity against the deposit or escrow account required under N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months, to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually, but shall provide specific evidence as to those charges that give rise to the appeal of alleged excessive or inaccurate charges.

B.

Rules and Procedures. Appeals taken before the Gloucester County Construction Board of Appeals shall be taken in accordance with the rules and procedures established by said board of appeals.

C.

Pendency of Appeals. During the pendency of any appeal, the Township of East Greenwich and its planning board, as the case may be, shall continue to process, hear and decide any application for development or to inspect a development in the normal course of such hearings or inspections, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit, because an appeal has been filed or is pending under this subsection. Nothing herein, however, shall preclude the township from exercising its rights under Sections 16.04.080(B), and (C), and 16.04.090 herein, with respect to any deficiencies in an applicant's escrow or deposit account. The chief financial officer may pay charges out of the appropriate escrow account or deposit maintained on an applicant's behalf, for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer shall reimburse the deposit or escrow account in the amount of any such disallowed charge, or refund the amount directly to the applicant. If a charge is disallowed after payment to a professional or a consultant who is not an employee of the township, the professional or consultant shall reimburse the township in the amount of any such disallowed charge.

D.

Appeal Provisions are Jurisdictional. The appeal provisions set forth herein in this section are jurisdictional, to the extent that such provisions provide for a remedy of relief of the first resort, which must be exhausted prior to any appeals to a court of law.

(Ord. 23-2007 § 4 (part): Ord. 18-2003 § 16)

Copies of all applications and resolutions along with the minutes of regular or special meetings shall be maintained by the secretary. The minutes shall include the names of persons appearing and addressing the agency and of the persons appearing by attorney, the action taken by the agency and the findings, if any, made by it and reasons therefor. The minutes and other records shall thereafter be available for public inspection during normal business hours at the office of the township clerk. Any interested party shall have the right to obtain copies of the minutes upon payment of a reasonable fee for the reproduction of the minutes.

(Ord. 18-2003 § 1 (part); prior code § 12-11.4)

Every application for development shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application. If it is shown that taxes or assessments are delinquent, any approvals or other relief shall be conditional upon payment of such taxes or assessments.

(Ord. 18-2003 § 1 (part); prior code § 12-11.5)

Any person who violates any provision of these land development chapters, upon conviction by a court of competent jurisdiction, shall be subject to a fine not exceeding the sum of one thousand dollars ($1,000.00) and/or be imprisoned for ninety (90) days. Each day's continuance of a violation shall constitute a separate offense.

(Ord. 18-2003 § 1 (part); prior code § 12-11.6)