Obligation to pay application fees and professional fees incurred during the course of review. Applicants submitting the applications set forth herein shall pay such application fees as are due and all reasonable costs for professional services, including engineering, legal, planning, and other, incurred by the Township in connection with the review and approval by the Planning Board or zoning board of adjustment, including review by any advisory Township committee or commission such as the historic preservation commission of the applications set forth herein or by the Township Council of any aspect thereof, including an appeal, including costs incurred during any informal review of a concept plan by such board and review to assure that the conditions of approval have been satisfied. Such professional services may be by Township employees or consultants retained by the Township on a general basis or retained specially for an application by the board of jurisdiction or the Township. In conjunction with payment of such professional fees, the applicant shall make an escrow deposit in the amount and manner set forth herein and shall execute an agreement in a form provided by the Township obligating itself to pay such fees. The application fee is a flat fee to cover direct administrative expenses and in nonrefundable.

Amount of fees and escrow deposits due. Each applicant shall, no later than ten days after submitting an application, submit to the Township treasurer in cash or by certified check or money order the following sums as application fees and escrow deposits together with a fully executed escrow agreement in the form provided by the Township. Completeness review shall not commence until the application fees and escrow deposit have been paid. Where one application for development includes more than one approval request, the sum of the individual required fees shall be paid.

Inspection fees.

Miscellaneous.

Escrow deposits.

Payment of additional fees incurred during the course of review for which escrow deposit is insufficient. Upon the funds in the escrow account being reduced to 30% of the amount initially deposited, the appropriate board's designated official shall after notification by the treasurer forthwith bill the applicant for any charges for professional services it being the intent of this section that such 30% be retained in the escrow account until any refunds are due. The appropriate board's designated official shall also bill the applicant forthwith for any professional services covered by this section whether or not funds have been refunded pursuant to paragraph f thereof. Payment is due within 15 days of receipt of such bill.

Failure to pay amounts due. If the applicant has failed to pay any amounts due under this section, the Township may: (1) stop construction until such amounts and penalties equal to an interest payment on unpaid bills of 1 1/2% per month plus Township legal fees and collection charges necessary to collect any unpaid bills are paid; (2) deny the issuance of any construction permits or certificates of occupancy if such amounts are due and payable; (3) deem any approval conditioned by the board of jurisdiction on applicant's payment of any amounts under this section to be null and void as though the board of jurisdiction had denied such application on the date of conditional approval; (4) through the board of jurisdiction, deny the application. In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs, and penalties as it has by law for the collection of taxes upon real estate. The applicant shall be responsible for all costs of collection of unpaid escrow fees, including attorneys fees at standard rates and all costs. The board of jurisdiction may deny the application if the applicant has failed to pay any amounts due under this section.

Unexpended escrow funds. All unexpended escrow funds shall be refunded to the applicant within a reasonable time after the last building permit is issued or such earlier time as the chief financial officer certifies that all professional services to be paid by escrow funds have been completed and billed. The refunding process will be in accordance with the guidelines and procedures established by the division of local government services in effect at that time. In no event, however, shall the application fees required pursuant to this section be refunded.

Fee for inspection of constructed improvements.

Itemized bills. A monthly itemized bill for fees not paid from escrowed funds will be forwarded to the applicant when the escrow amount has been reduced to less than 30% of the amount initially deposited, it being the intent of this section that 30% of such amount be retained in the escrow account until the inspections are completed. Payment is due within 15 days of receipt of such bill. Interest at the rate of 1 1/2% per month shall be charged on all payments not received within 15 days of receipt of the bill. All unexpended escrow funds shall be returned to the applicant within a reasonable time after receipt of written request of the applicant, and the Township engineer certifies that the inspections have been completed, and the release of escrow funds approved.

Use of performance bonds. Any performance bond, letter of credit or other guarantee provided by an applicant shall provide that the Township may, in its sole and absolute discretion, apply any funds available from any such performance bonds, letter of credit or other guarantee posted by the applicant against the amount owed hereunder by providing applicant ten days prior written notice of the Township's intent to draw against the performance bond, letter of credit or guarantee. If the Township shall draw against the performance bond, letter of credit or other guarantee, the applicant shall replenish said draw within 10 days of written notice. Failure to restore funds shall be a default and the Township shall have, in addition to any others, all rights set forth in paragraph g hereof.

Waiver for lower income housing. Notwithstanding any other provision of this section, a waiver of all Township subdivision and site plan escrow fees and building permit and certificates of occupancy fees shall be granted by the approving Township agency for all housing units being provided by the applicant for low and moderate income families.

Deposit of escrow funds. The Township treasurer shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1, and shall charge the administration fee permitted thereunder to defray the cost of administrating said account.