No person/applicant shall erect, construct or structurally alter any building unless a zoning office permit has been issued and obtained from the Zoning Officer (the administrative officer, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1) who shall be appointed by and serve at the pleasure of the Mayor and Council.

Any person/applicant who seeks to erect, construct or structurally alter any building shall deposit an escrow with the Zoning Office in an amount not to exceed $500. Such amount shall be used to pay any professionals for their review of such person's/applicant's application to erect, construct or structurally alter any building. Such escrow shall continue to be the property of the person/applicant and not the Borough. Depending on the complexity of the application, if any funds remain after the completion of review, such funds shall be returned to the person/applicant. Such escrow shall be in addition to any required Borough subcode fees. This subsection shall only be applicable to applications to the Zoning Office that are not subject to review by the Borough Unified Planning Board.

Prior to the commencement of any on-site construction, there shall be executed and delivered to the Mayor and Borough Council a developer's agreement between the applicant and the Borough of Keyport incorporating all of the terms and conditions of final approval, except that such developer's agreement shall not be required for the following:

The Borough Unified Planning Board shall have the right to specifically require a developer's agreement notwithstanding the exceptions set forth in Subsections b.1., b.2., or b.3. herein above.

The developer's agreement shall be drawn by the Borough Attorney and shall be executed by the applicant. Legal fees incurred by the Borough associated with the preparation and negotiation of the developer's agreement shall be paid by the applicant in accordance with the fees established in Subsection a. herein above.

The developer's agreement shall be recorded against the affected properties by the Borough Attorney. Legal fees and recording fees incurred by the Borough associated with the recording of the developer's agreement shall be paid by the applicant in accordance with the fees established in Subsection a.