Class I: The Mayor or the Mayor's designee in the absence of the Mayor.

Class II: One of the officials of the Township of Millstone, other than a member of the Township Committee, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV or alternate members of the Board.

Class III: A member of the Township Committee to be appointed by it.

Class IV: Six other citizens of the Township of Millstone to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there are among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purposes of this paragraph, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office.

Alternate Members.

The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

All Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

To make, adopt and amend the Township Master Plan in accordance with N.J.S.A. 40:55D-28 et seq. and periodically reexamine pursuant to N.J.S.A. 40:55D-89 and 89.1, the Master Plan and development regulations contained in this chapter for the physical development of the Township including any areas outside the boundaries, which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the land subdivision and site plan review regulations of the Township of Millstone in accordance with the provisions of this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

To approve conditional use applications in accordance with and pursuant to N.J.S.A. 40:55D-67.

To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

To assemble data on a continuing basis as a part of a continuous planning process.

To annually prepare a program of municipal capital improvement projects projected over a term of six years and amendments thereto, and recommend same to the Township Committee.

To consider and make a report to the Township Committee, within 35 days after referral, as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.

When reviewing applications for approval of subdivision plats, site plan or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

To hear appeals pursuant to Article 17, Riparian Zone Ordinances, § 35-17-1.6.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.

To comply with Chapter 2, Article 8, § 2-70, of the Revised General Ordinances of the Township of Millstone.

Application. The application shall be filed with the Secretary of the Planning Board and shall include information with respect to the following:

Required Findings by the Planning Board. Prior to recommending the granting of a conditional use permit, the Planning Board shall require that the conditional use requested meets the following minimum general criteria:

Review.

Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of the Planning Board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.

Preliminary Approval of Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission of a completed application or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.

Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 35-3-1.8h, of this section, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

Final Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat, unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.

It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter or any term, clause, sentence or word hereof and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.

The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and impressed upon it by Statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent Statutes in such case made and provided, and in compliance with Chapter 2, Article 8, § 2-70, of the Revised General Ordinances of the Township of Millstone, and shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeal or application may properly be filed with the Board for its decision thereon.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Township of Millstone affected by any decision of the Administrative Officer. Each appeal shall be taken within the 20 days prescribed by the Statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken.

Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Superior Court of New Jersey on notice to the officer from whom the appeal is taken and on due cause shown.

Any approved variance from the terms of this chapter hereafter granted by the Zoning Board of Adjustment pursuant to either N.J.S.A. 40:55D-70c or d of the Municipal Land Use Law shall expire within 12 months of the adoption of the resolution memorializing such approval unless construction of each and every structure within the subject development has commenced within the twelve-month time period, except in accordance with the following:

In the instance where an applicant elects to submit a separate application for a variance pursuant to N.J.S.A. 40:55D-70 d and a subsequent application for any required approval of a subdivision, site plan or conditional use, the subsequent application for the subdivision, site plan and or conditional use shall be filed with the Board of Adjustment within 12 months of the adoption of the resolution memorializing the approval of the subject variance or the subject variance shall be deemed to have expired.

The Board of Adjustment shall have such powers as are granted by law to:

No variance or other relief may be granted under the provisions of this subsection unless the variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations.

Any application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The Zoning Board of Adjustment shall, in addition to the powers specified in § 35-3-2.10, have power given by law to:

The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of the Municipal Land Use Law, N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to § 35-3-2.10a4 of this chapter.

The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt a resolution reporting its findings on zoning provisions which were the subject of variance requests and its recommendations for zoning amendments or revisions, if any. The Board of Adjustment shall send copies of the report and resolution to the Township Committee and Planning Board.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process or for lack of a quorum.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of a quorum, except as otherwise required by any provision of N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17, 40:55D-26, 40:55D-70.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.

Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Hearing Recordings and Transcripts. Each Board shall provide for the verbatim recording of the hearings by stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense. The Board, in furnishing a transcript or tape of the proceedings to an interested party at his/her expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street, address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.

List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer, the Township Tax Assessor, shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee of $0.25 per name, or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 35-3-3.6a2 of this section. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h and § 35-3-3.6a7(b) of this chapter. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding.

Voting Conditions. A member of the Planning Board or Board of Adjustment who was absent for one or more of the meetings at which a hearing was held or was not a member of the Board at that time, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent or was not a member, and certifies in writing to the Board that he has read such transcript or listened to such recording.

Resolutions. Each decision on any application for development shall be set forth in writing as a resolution of the Board. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:

Distribution of Decision. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or if represented, then to his attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such services. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision calculated in the same manner as those established for copies of other public documents in the Township.

Notice of a hearing on an amendment to the zoning regulations and Zoning Map proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given at least 10 days prior to the hearing by the Township Clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.

A notice pursuant to this section shall state the date, time, and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office.

Notice shall be given by: 1) serving a copy thereof of the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or 2) mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a vice President, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to units owners, co-owners, or homeowners on account of such common elements or areas.

The Township Clerk shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.

In the event that a developer has, in the judgment of the Township Engineer, committed a material breach of the terms of its approval, and thereby threatens the public health, safety or welfare, the Engineer shall notify the developer immediately in writing, specifying the breach, the remedy the Township Engineer believes necessary and the time within which the breach is to be cured.

The Township Engineer shall cause a copy of the notice to be served on the developer by personal service at the job site on a representative, employee, agent or contractor of the developer and by causing a copy to be sent to the developer's address as shown in the developer's agreement or, if there be none, as shown on the application for approval.

In the event that the developer has not cured the breach within the time specified the Township Engineer may, at the next regular or special Planning Board meeting of which the developer has been given notice, cause a hearing to be held as to whether the developer should be found to have breached the terms of the approval as described above. In the event that the

Board finds that the developer has breached the terms of any approvals the Board may declare that the approvals are suspended. The notice of the hearing before the Board may be given to the developer at the same time as the initial notice of breach.

The hearing before the Planning Board shall be conducted procedurally in the same manner pursuant to statute as a hearing on an application for development. It shall be the obligation of the Board Engineer to establish by a preponderance of the evidence that the developer has breached the terms of the approval and that the breach constitutes an immediate threat to public safety and welfare. The developer may present such evidence and argument as are relevant to the consideration of the Planning Board.

In the event that the Planning Board finds a material breach and votes to suspend approvals previously given, the Board shall notify all Township agencies of the suspension. Thereafter all Township agencies shall cease to undertake any inspections or permit review procedures based on the approved status of the development, nor shall any further activities be allowed on site which are not essential for public safety to stabilize the site during the suspension.

The Board resolution of suspension shall specify:

In the event that the developer does not complete the curative work within a month, weather permitting, the Board may recommend to the Township Committee such litigation as may be necessary in order to seek permanent relief against the developer.

The escrow fees required by the Fee Schedule shall be for the purpose of reimbursing the Township for direct fees, costs, charges and expenses of professional consultants retained by or on behalf of the Township, its boards, commissions or agencies in reviewing, testifying, and/or assisting the Township in processing applications pursuant to this chapter and/or assisting the Township in the evaluation, planning and proper design of municipal services and facilities in order to meet the needs of the proposed project.

The escrow fees required by the Fee Schedule shall be deposited with the Township at the time the initial development documents are submitted and shall remain in an interest bearing escrow account in accordance with N.J.S.A. 40:55D-53.1. Whenever the amount of fees paid to the Township pursuant to the Fee Schedule, or any cash performance or maintenance guarantees posted with the Township by the applicant/developer, shall exceed $5,000, the Township shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of the interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Township may retain for administrative expenses not more than 33 1/3% of that entire interest amount.

Professional and Staff Charges, Costs and Method of Determination. The Township shall make all of the payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon the Fee Schedule adopted herewith. 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 review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The Township shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection b of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a professional are provided by the Township, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying 1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by 2) the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when the fees are not reimbursed or otherwise imposed by on applicants or developers.

Escrow Payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements, shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service is performed, the hours spent to one-quarter increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer simultaneously to the applicant. 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. The information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If the escrow account or deposit contains insufficient funds to enable the Township approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the 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 post a deposit to the account in an amount to be agreed upon by the municipal approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Escrow Close-Out Procedures. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and 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 as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. 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 developer along with the final accounting.

Professional Charges. All professional charges for 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 approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. 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.

If the Township retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such service.

Township Engineer to Estimate Cost of Installation of Improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127.

Applicant Notification on Dispute of Escrow Charges; Appeals; Rules; Regulations. An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., the governing body, or its designee, shall within a reasonable time period attempt to reembodied any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2. 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.

Processing During Appeals. During the pendency of any appeal, the Township or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing or subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any approval or permit because an appeal has been filed or is pending under this section. The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or 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.

Schedule. Fees for the development applications and related development activities are hereby adopted in accordance with the attached Fee Schedule, Schedule 1.