Certified Mail Receipts for notice requirement.

Affidavit of Proof of Service by individual who performed mailing certified.

Affidavit of publication from newspaper.

The applicant for any development for 15 or greater residential units or 10,000 or greater square feet of non-residential building area shall participate in a technical review meeting involving representatives from the City Departments/Divisions of Planning and Zoning, Engineering, Traffic and Signals, and Water and Sewer.

Participation in the technical review meeting shall be a mandatory action prior to the application being deemed complete. The meeting will be scheduled within 45 days of the submission of the application materials unless an extension is requested by the applicant and agreed to by the city.

The purpose of the technical review meeting shall be to evaluate the feasibility of the project from an infrastructure, engineering, and design standpoint to identify potential structural impediments and to ensure consistency with the NZLUR and Master Plan.

Six sets of site plan drawings which are submitted as a part of a preliminary site plan application shall include a cover sheet, a boundary and topography survey map and a site detail plan, the details of which shall comply with Section 41:15-8-6. Six sets of the site plan are required unless stated otherwise in this Title.

The site plan drawings shall be prepared in the size of 24 inches by 36 inches or 30 inches by 42 inches. The sites which cannot be accommodated within the 30 inches by 42 inches, the plan may be drawn at a smaller scale; however, the selection of such scale shall require prior consultation and approval by the Board staff. Two copies of eleven by seventeen-inch size sets shall be required.

The cover sheet and site plan detail sheet information may be combined on one sheet in those cases where the required information can be effectively and clearly shown.

All drawings shall be numbered in sequential fashion and properly identified.

Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with other required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

The preliminary submission shall be made at least 30 days prior to the regularly scheduled meeting of the Board.

Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less, and 10 dwelling units or less, within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.

Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Secretary of the Board as to the failure of the Board to act shall be issued on request of the applicant.

If any substantial modification is proposed or required after preliminary approval has been granted, an application for such modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with application for final approval. In either case, notice pursuant to N.J.S.A. 40:55D-1 et seq. shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which: (a) increases the density of development; (b) increases the square footage of buildings; (c) proposes a different use; (d) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to, noise, glare and increased drainage runoff; or (e) materially changes a required element of the development plan.

If the Central Planning Board or the Zoning Board of Adjustments required any substantial amendment in the layout or design of improvements proposed by the developer, that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Central Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.

Preliminary approval of a major site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted.

Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time period permitted for either of the two approvals.

Final site plan drawings shall include any changes or modifications required by the Board while granting preliminary approval, and the additional information required hereunder pursuant to this section and Section 41:15-8-2.

Six sets of copies of the site plan duly revised shall be required for the final submission.

Digitial Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with other required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

The final submission shall be made at least 20 days prior to the regularly scheduled meeting of the Board.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Central Planning Board as to the failure of the Board to act shall be issued on request of the applicant.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval, for any section of the development which is granted final approval.

Whenever the Board grants any extension of final approval pursuant to the preceding paragraph, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before: (a) what would otherwise be the expiration date of final required approval; or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to the preceding paragraphs.

Conditions Binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.

Failure to Maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements and landscaping are to be installed by, and/or dedicated and maintained by the City, County or another party under the terms of approval granted by the Board. Such required improvements shall include, but not limited to, parking improvements, buffer zones, drainage facilities, exterior lighting, and landscaping. Failure of any responsible party to install and/or maintain the required improvements or landscaping shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth herein.

The Board shall grant or deny an application for conditional use approval within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. If relief is requested pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny within 120 days of submission of a complete application or within such further time as consented by the applicant.

The Board shall approve or deny a conditional use application simultaneously with any accompanying site plan application. The longest time for action by the Board, whether it be for conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.

In approving a conditional use, a time limit of one year from the date of the approval shall be set within which the owner shall secure a construction permit; otherwise the approval shall be null and void. The Board may, for good cause shown, extend the period for securing a construction permit for an additional period not exceeding six months.

The conditions for approval shall be those specifically set forth above as well as the applicable area and yard requirements listed in each zoning district, the parking and buffer requirements set forth above and all other applicable design requirements provided in this Chapter.

A survey of the site shall be performed by a New Jersey licensed surveyor pursuant to N.J.S.A. 45:8.

A title block pursuant to N.J.A.C. 13:40-5 in bottom right corner listing street addresses, block and lot numbers, and land area.

Bearings to the nearest 10 seconds and distances to the nearest hundredth for all property lines. It shall indicate true north or magnetic north.

The location of any existing monuments used for the survey. The areas of the site in square feet and acres to the nearest hundredth.

Existing site elevations and contour lines at two-foot intervals. If an assumed datum is used, its locations, should be clearly indicated.

The natural site characteristics such as streams, drainage ways, lakes, existing vegetation, marsh vegetation, etc.

Location, size and nature of existing buildings, structures, and impervious areas.

Locations and dimensions of existing rights of way/easements deed restrictions on survey or plan.

A legend indicating all symbols used on survey sheet.

Lot area in square feet.

Utility locations.

A detailed textual project description on the cover sheet of the plans to include, but not limited to:

Statement of whether or not the site is located in a flood hazard area and if so how mitigated.

A listing of all variances, conditional use approvals and all other municipal, County, State, Federal and other (e.g., PVSC) permits required, applied for and/or received, as well as the date and requirements of such (if none required, state same), in chart form showing the requirement, project provisions and whether variances or waivers are needed.

A locational key map at a scale of one inch equals 1,000 feet with a north directional arrow, a graphic scale, the names of all streets and rights-of-way within a 3,000-foot radius of the site.

The street address and block and lot numbers of the site as shown on the current City tax map and the zoning designation of the property in the title block at the bottom right corner of the cover page.

Block Diagram of 200 feet radius labeled with zoning, buildings, footprints, land uses and fire hydrants shown.

A title bock pursuant to N.J.A.C. 13:40-5.

North Arrow.

Cross section of proposed site characteristics, retaining walls, and slopes on plans.

Proposed building locations, building dimensions, construction types, and building setbacks on plans.

Fencing, type and height, gates if proposed.

Retaining walls, type and height, if proposed.

Adjacent streets shown on plans with direction arrows to show traffic flow.

Details of all paving, walls, curbs, handicapped features, etc. on plans.

Facilities for the storage and collection of refuse and recyclable materials for the site including details of walls or fences used for screening purposes as well as measures to assure protection from infestation of rats and vermin, etc. Provisions for collection of refuse shall also be provided.

Proposed demolition activities (indicated in dashed lines) on a separate page on plans.

The locations, species name, common name, mature height, planting height or caliper, and quantities of all proposed and existing plantings, maintenance statement and planting details. Existing live trees over three inches caliper shall be preserved.

The location, type and height of all existing and proposed exterior on-site, pole and building mounted and adjacent right-of-way lighting, with isolux contours of illumination showing effects in buildings, sidewalks, parking areas, signs and any spillover effects, etc.

The construction details of all proposed fixtures shall be illustrated.

Lighting design shall conform to the current Illuminating Engineering Society Lighting Handbook.

Location and dimensions of any vacated or intended to be vacated streets and nature of all easements and rights-of-way.

Names and width of all adjacent streets showing directions of vehicular traffic flow and all utilities within existing streets.

A layout of all on-site traffic and/or off-site parking arrangements, including circulation patterns for pedestrians and vehicular traffic and measurements for all driveways, travel ways and parking spaces.

Measurements for curb widths and driveway spacing.

Walkway depictions on plans with information about pavement types and curbing.

Vehicular circulation depictions for trucks.

On-site loading/drop-off/pick-up areas identified and with measurements.

Company vehicle/trucks, number owned by company if any.

Provision for handicapped persons such as parking facilities accompanied with easy accessibility through sidewalks and ramps, housing units, etc., as required by the Barrier-Free Design Regulations (N.J.A.C. 5:23).

Storm drainage calculations (sanitary flow and run-off calculations) with details on retention facilities, elevations and flow direction.

Grading plan.

Percolation test result for storm water drainage seepage pits or drywells.

Utility connections plan with diameters for all service and public lines (or for the reuse of existing buildings, a statement of plans signifying if existing utility connections are to be used otherwise a utility plan is required for new construction).

The location, type, size, inverts, and slope of all sanitary utilities such as grease traps, oil separators, clean outs, manholes, monitoring points, or any other appurtenances required.

Utility pole locations.

Mechanical and HVAC location and type.

Water meter setting diagrams.

Finished floor elevations and the datum upon which these are based.

Indicating heights, colors, exterior materials and finishing details, including but not limited to walls, windows, and fenestrations.

Signage plan detailing type, illumination method, location, material, colors, measurements, installation method.

Individual room measurements showing width and depth of each room in feet, building measurements showing width and depth of building, unit measurements, units labeled.

Room labels including number of bedrooms.

For residential projects, a table with number of units, bedroom count and square footage range.

Drywell profiles, street tree plantings, curb cuts profiles, fence details, traffic details, sign details, retaining wall details, sidewalk and curb details, handicap ramp details, pavement restoration details.

The applicant shall submit a completed City of Newark Central Planning Board/Zoning Board of Adjustment application with the payment of the required fee, as provided in Section 41:15-12-2.

Six sets of site plan drawings, which would otherwise be submitted as part of a preliminary site plan application, shall include a cover sheet, a boundary and topography survey map and a site detail plan, the details of which shall comply with Section 41:15-8-2.

The site plan drawings shall be prepared in the size of 24 inches by 36 inches or 30 inches by 42 inches. For sites which cannot be accommodated within the 30 inches by 42 inches, format, the plan may be drawn at a smaller scale; however, the selection of such scale shall require prior consultation and approval by the Zoning Board of Adjustment. Two copies of 11 inch by 17 inch plans shall be required.

The cover sheet and site plan detail sheet information may be combined on one sheet in those cases where the required information can be effectively and clearly shown.

All drawings shall be numbered in sequential fashion and properly identified.

Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with the rest of the required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

The preliminary submission shall be made 30 days prior to the regularly scheduled meeting of the Board.

Survey Map.

Plot Plan.

Building Elevations.

Floor Plans.

That departure by the proposed development from zoning regulations, otherwise applicable to the subject property, conforms to Title XLI, Zoning and Land Use Regulations, of the Revised General Ordinances of the City of Newark;

That the proposals for maintenance and conservation of the common open space are supported, and the amount, location and purpose of the common open space are adequate;

That provisions through the physical design of the proposed development for public services control other vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents, if said open space is not dedicated to the City. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the City.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Director of Engineering or the Secretary of the Central Planning Board may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Central Planning Board may modify the terms of the original notice as to deficiencies and may give reasonable extension of time, not to exceed 65 days within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Board, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any right to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Central Planning Board or the Director of Engineering shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Central Planning Board at which hearing such organization and the owners of the development shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain the open space in reasonable condition, the City shall cease to maintain the open space at the end of the year. If the Director shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the City may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Central Planning Board shall constitute a final administrative decision, subject to judicial review.

The cost of such maintenance by the City shall be assessed by the Director of Engineering prorated against the properties within the development that have a right of enjoyment of the common open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on these properties and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

The list prepared by the Director of the Department of Engineering, shall state, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Director of the Department of Engineering shall identify each improvement determined to be completed and satisfactory together with a recommendation as to the amount of the reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee pursuant to Subsection 1 above.

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.

If the Director of the Department of Engineering fails to send or provide the list and report as requested by the obligor pursuant to Section 41:15-8-13, Subsection 6, above, within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Director of the Department of Engineering to provide the list and report within a stated period of time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Director of the Department of Engineering for inspection, the developer shall deposit the remaining 50% of the inspection fees.

For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the inspection fees. When the balance on the deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Director of the Department of Engineering for inspection, the developer shall make additional deposits of 25% of the inspection fees.

The Director of Engineering and the Secretary of the Central Planning Board shall be notified in writing 72 hours before the commencement of construction of any development which has received final site plan approval. This notification shall be sent by the applicant.

Two copies of the approved final site plan shall remain at the construction site during the entire construction period until a certificate of occupancy has been issued and all requirements of the plan have been complied with.

The sign(s) shall be posted no less than 10 calendar days prior to the date of the public hearing and shall not be removed by the applicant until the hearing is closed;

The sign(s) shall be firmly secured to the ground or structure to prevent vandalism and shall be along the most visible portion of street frontage. The sign(s) shall be erected in a manner so as to be visible to traffic moving in both directions. Signs must be posted within five to 15 feet of the property line. If there is more than one street frontage of the parcel, one sign for each street frontage shall be posted;

Sign Design and Content. The sign(s) shall comply with the following sign design requirements:

The applicant is responsible for submitting a signed affidavit along with two photos of the posted sign(s) to the appropriate approval Board Secretary. One photo shall show the contents of the sign; the second photo shall show the sign posted in front of the property. An applicant who fails to display the sign or prove that the sign was displayed shall result in a delay in application processing.

Applicant shall complete the following affidavit and mail or deliver it to: Newark Planning Office, 920 Broad Street, Room 112, Newark, New Jersey, no later than five days after the sign posting. The signed affidavit shall contain the following elements:

A resolution adopted at a meeting held within the time period in N.J.S.A. 40:55D-1 et seq. for action by the Board on the application for development; or

A memorializing resolution adopted pursuant to N.J.S.A. 40:55D-10g. at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.

There shall be a non-refundable fee for applications to the Newark Central Planning Board, Zoning Board of Adjustment, as provided by law and established herein. The fees provided for shall be non-refundable and are for purposes of offsetting the administrative and clerical costs of running these Boards.

Applicable Fees. Every application for review or hearing before the Zoning Board of Adjustment, or the Central Planning Board shall be initially accompanied by a check for $150. Balance due will be determined upon Division of City Planning Staff's review in accordance with the amount(s) as provided in Fee Table I and based upon the initial submission package. If future submissions result in additional fees, such will be calculated at that time. This balance will be due within 30 days of issuance of the first review checklist. If not received within 30 days, review will cease until payment is submitted.

Copies of resolutions rendered by either the Zoning Board of Adjustment or the Central Planning Board shall be available to any person requesting them at their sole cost and expense. Any applicant shall receive a copy of the decision rendered at no additional cost. Minutes of either the Board of Adjustment or the Central Planning Board shall also be available on request to any person or applicant at their sole cost and expense. Amounts charged shall be as provided for in the City's ordinance regulating photocopy and documents fees.

Performance guarantees may be required by the Zoning Board of Adjustment or the Central Planning Board pursuant to N.J.S.A. 40:55D-53 separate from application fees.

Application fees (Table 15-1).

Certified list of names and addresses of owners of property located within 200 feet of property which is the subject of a hearing: $10.

Certificate certifying approval of a subdivision application: $10.

BOARD - Refers to the Central Planning Board, Board of Adjustment and/or Landmarks and Historic Preservation Commission.

APPLICATION - Refers to the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-1 et seq.

PROFESSIONAL PERSONNEL OR PROFESSIONAL SERVICES, AS USED HEREIN - Shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, inspector, appraiser or other expert who would provide professional services to ensure an application complies with the standards set forth in this chapter and any other expert who provides testimony on a subject matter testified to by any of the applicant's experts.

All the terms defined within Title XLI, Chapter 41:2, "Definitions," and Title XLI, Chapter 41:15 "Site Plan Procedures," are incorporated herein.

Professional charges for review of applications:

Review and preparation of documents;

Inspections of developments under construction; and

Review by outside consultants, when the application is outside the scope of the expertise of the professionals normally used by the municipality.

Subject to the provisions of subsection 8 below, "Conditions and requirements," each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof:

Escrow fees shall be deposited and disbursed pursuant to the provisions of N.J.S.A. 40:55D-53.1. Escrow accounts shall be replenished by the applicant as required by N.J.S.A. 40:55D-53.2(c). Charges to the escrow account shall be made in accordance with N.J.S.A. 40:55D-53.2(c).

If the approving agency is requested to have a special meeting by the applicant and decides to do so, the applicant shall have professional fees deducted from the escrow account per this section. Professionals attending meetings may bill at the rate of four hours minimum which may be distributed over one applicant or multiple applicants who so requested the special meeting. If the planning consultant is requested by the applicant to review the application prior to formal submission of the application, the fee shall be $150 for each consultation, which shall be deposited in the escrow account.

The sums hereinabove set forth are estimates and, during its review of an application for development, the approving Boards may determine that such sums are sufficient, excessive or insufficient, based upon the following criteria: The presence or absence of public water and/or sewer servicing the site.

In the event that the approving Board shall determine said amount is excessive, it shall, upon the prior written request of the applicant and by resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by subsection 10.a below. In the event that the approving Board shall determine the amount specified above is insufficient, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Said additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.

No subdivision plat or deed or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:

If the amount of the deposit exceeds the actual cost as approved for payment by the Governing Body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by subsection 10.a below. The Chief Financial Officer shall determine the position of all escrow accounts and, where additional funds are required, it shall be the obligation of the Chief Financial Officer to notify the applicant, pursuant to N.J.S.A. 40:55D-53.2(c). Within a reasonable time, the applicant must post a deposit to the escrow account in an amount agreed upon by the City or Board and the applicant, pursuant to N.J.S.A. 40:55D-53.2(c). At the time of filing the application for development, the applicant shall execute an escrow agreement containing the terms set forth herein.

When a deposit is in an amount of money in excess of $5,000 the municipality shall not be required to refund an amount of interest paid on this deposit when the interest does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to the developer by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.

A written request from the Department of Economic and Housing Development, Office of Planning and Zoning (on behalf of the Planning Board or the Zoning Board of Adjustment, as the case may be), that the applicant has met the necessary requirements for the full release of the Performance Guarantee; and.

A Certification from the City Engineer that the bonded improvements are complete and satisfactory.