Palmyra City Zoning Code
ARTICLE VII
Planning Board
§ 158-44 Establishment; composition.
There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Borough of Palmyra a Planning Board of nine members consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. One Class IV member may be a member of the Board of Education.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 158-45 Terms.
A.
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 the office, whichever occurs first.
B.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no terms of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided.
C.
All terms shall run from January 1 of the year in which the appointment was made.
§ 158-46 Alternates.
The governing body may appoint two alternate members for Class IV members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years commencing from January 1 of the year of their appointment, except that the terms of the alternate members shall be such that the terms 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 member first appointed exceed two years. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 158-47 Vacancies.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 158-48 Exercise of powers of Zoning Board of Adjustment.
Pursuant to the authority granted by P.L. 1975, c. 291, commonly cited and referred to as the "Municipal Land Use Law," N.J.S.A.40:55D-1 et seq., as amended by P.L. 1994, c. 186, the Planning Board of the Borough of Palmyra shall consist of nine members and shall exercise to the same extent and subject to the same restrictions all of the power of the Zoning Board of Adjustment. See Ordinance No. 1996-17.[1]
[1]
Editor's Note: Said ordinance is on file in the Borough offices.
§ 158-49 Consideration of variance applications restricted to certain members.
Pursuant to N.J.S.A. 40:55D-25c(1), the Class I and III members of such Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70d).
§ 158-50 Powers and duties generally.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28, and to adopt an Official Map pursuant to N.J.S.A. 40:55D-32.
B.
To administer the land subdivision provisions of this code, those portions dealing with condominium projects and the design and site plan review provisions of this code in accordance with the provisions of said code and the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).
C.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning process.
E.
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 governing body.
F.
To consider and make report to the governing body 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 governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant variances pursuant to Section 57c of c. 291, Laws of New Jersey 1975,[1] from lot area, lot dimensional, setback and yard requirements. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
H.
To hear and decide applications for a conditional use. The term "conditional use" shall mean a use permitted in a particular zoning district only upon the showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this code. All uses contained in this code designated as "special exceptions" shall be considered to be conditional uses.
I.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
J.
Additional powers.
(1)
The Planning Board shall have such powers as are granted by N.J.S.A. 40:55D-70 to a board of adjustment and by law, including but not limited to, the power to:
(a)
Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any other requirement, decision or refusal made by an Adiministrative Officer based on or made in the enforcement of this chapter.
(b)
Hear and decide, by majority vote, requests for interpretation of the Zoning Map or this code, or for decisions upon other special questions upon which such Board is authorized by this code to pass.
(c)
Grant, by majority vote, a variance from the strict application of the zoning regulations where by reasons of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in this code would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, except that if the applicant requires subdivision, site plan or conditional use approval by the Planning Board, the request for a variance under these circumstances shall be acted on by the Planning Board in conjunction with the subdivision, site plan or conditional use application, provided that not more than one lot is involved in the variance request. In no case shall a variance be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
(d)
Grant a variance to allow a structure or use in a district against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least five members of the full authorized membership of the Board.
(2)
No variance or other relief may be granted under the provisions of this subsection unless such 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 this code.
(3)
Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
§ 158-51 Expiration of variance.
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced within 12 months from the date of publication of notice of the decision; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
§ 158-52 Time limits.
A.
Minor subdivisions. Minor subdivision approval 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 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 Municipal Engineer and the Municipal 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.
B.
Preliminary approval of major subdivisions and site plans.
(1)
Upon submission of a complete application for subdivision of 10 or fewer lots or a complete application for a site plan of 10 or fewer acres, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission 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 or submission of a complete application of a site plan of more than 10 acres, 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 or site plan.
(2)
A public hearing shall be held at the preliminary approval stage for subdivision. Applicants shall be guided by the notice and hearing requirements as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. No hearings will be held with respect to minor subdivisions or site plans at either the preliminary or final approval stages.
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, 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 Adiministrative Officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
(2)
All applications to the Planning Board for a hearing and decision on a conditional use shall be in accordance with the procedures, fee structure, forms and evidentiary requirements set forth in this code with respect to special exceptions.
D.
Final approval.
(1)
Application for final subdivision approval and final site plan 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.
(2)
Final approval of a major subdivision shall expire 95 days from the date of 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.
§ 158-53 Procedure for filing applications.
A.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975, shall be filed with the Secretary of the Planning Board. For the purpose of all filings or other communications pertaining to the Planning Board of the Borough of Palmyra, the Secretary of the Planning Board shall be the Administrative Officer of said Board with the sole exception being the obligation to furnish a list of property owners. The submission of all applications shall be in accordance with the procedures set forth in the existing developmental ordinances. The only changes in procedure with respect to said ordinances will be as required under the provisions c. 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The design and site plan requirements of this code of the Borough of Palmyra shall be interpreted to pertain to preliminary approval of site plans only. When the applicant has obtained a preliminary approval of his site plan or preliminary approval with conditions of the site plan, the applicant shall file an application for final site plan approval. A fee of $25 shall be paid, together with this application. The applicant's plan shall be in accordance with the criteria set forth in the Design and Site Plan Review requirements of this code and shall set forth those conditions and requirements imposed by the Planning Board at the time of preliminary approval.
§ 158-54 Organization.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board shall select a Secretary and Assistant Secretary who may be members of the Board or municipal employees.
§ 158-55 Attorney.
There is hereby created the office of Planning Board Attorney. The Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Board Attorney, who shall be an attorney other than the Municipal Attorney.
§ 158-56 Experts and staff.
A.
The Planning Board may annually employ or contract for the services of experts and other staff and services as it may deem necessary. The staff of the Board may include, but shall not be limited to, a Clerk or Administrative Clerk. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
B.
Board Engineer. The Planning Board shall have the power, right and responsibility to employ a licensed professional engineer, who may but need not be the Borough Engineer, to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board. The term of such appointment shall be an annual appointment. The Board Engineer shall be the advisor on engineering matters to the Board he represents. The review, inspection and approval of all construction made pursuant to any plats or plans approved by the Board shall be the sole responsibility and duty of the Borough Engineer or consultant as designated by the Borough.
§ 158-57 Rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 158-58 Conflicts of interest.
No member or alternate member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matters nor participate in any discussion or decision relating thereto.
§ 158-59 Meetings.
A.
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B.
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.
C.
No action shall be taken at any meeting without a quorum being present.
D.
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-1 et. seq.
§ 158-60 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for her as provided for in the rules of the Board.
§ 158-61 Rules governing hearings.
A.
Rules. The Planning Board 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 this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witness and documents presented by the parties, and the provisions of the County and Municipal Investigations Law. P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
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.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof upon request to any interested party at his expense.
§ 158-62 Notice requirements for hearings.
Hearings shall be required with respect to submission of a preliminary plat for major subdivision and all applications to the Planning Board. Whenever a hearing is required on an application for development, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper of the municipality or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located with 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy thereof, by certified mail, to the property owner at the address as shown on the current tax duplicate. A return receipt is not required. 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.
C.
Notice of all hearings on applications for development involving property located with 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owner of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the County Planning Board of all hearings on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to Section 6b of c. 291, P.L. 1975.
G.
All notices hereinabove specified in this section 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.
H.
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I.
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 and 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 Municipal 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.
§ 158-63 List of property owners furnished.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in a sum not to exceed $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 of lands within this Borough to whom the applicant is required to give notice pursuant to § 158-62B of this chapter.
§ 158-64 Decisions.
A.
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B.
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 service. A copy of the decision shall also be filed in the office of the Borough Clerk who shall make a copy of such filed decisions available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public document in the municipality.
§ 158-65 Publication of decisions.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board. The applicant shall pay an additional fee of $10 at the time of submission of his initial application to cover this cost. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 158-66 Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board 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 such application; or, if it is shown that taxes of assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 158-67 Fees and escrows.
The fees as required shall be continued until amended, with the addition of those fees contained in this code. In the event that an application contains a request for subdivision, variance and/or site plan approval, the appropriate fee for each application made and approval requested shall be submitted. Any charges made against any escrow account by any professional on behalf of the Borough shall be charged against the escrow at the same rate that said employee charges the Borough or as specified by ordinance, whichever is lower. In no event shall any charge against an applicant's escrow exceed the rate of billing which that particular Borough professional charges the Borough or the rate at which said person receives remuneration from the Borough. Said charges shall be made in accordance with a statement of fees and billing filed by each such professional employee with the Borough. A statement setting the rate for Borough filling when the professional employee is engaged will be adequate. Said statement shall be held to be operative and in effect until supplanted by a new statement of fees and charges filed by the professional and accepted by the Borough. A copy of said statement or schedule shall be available to each applicant upon request.
§ 158-68 Development approvals.
A.
Expiration of approvals.
(1)
Any approval from the terms of any developmental ordinance of the Borough of Palmyra, including but not limited to this code, those ordinances dealing with excavation and floodplain regulation[1] and Chapter 226, Soil Removal, shall expire unless construction shall have been actually commenced or completed in accordance with the provisions set forth below.
(2)
Any variance, conditional use permit, special exception, special use permits interpretation of this code, decision with respect to appeal from a decision of the Construction Official or other appropriate official or any other construction official or other appropriate official, or any other approval or decision under the Land Development Ordinances of this Borough other than subdivision and site plan approvals shall expire unless construction or alteration shall have been actually commenced on each and every structure permitted by said approval or unless such permitted use has actually been commenced within one year from the date of approval by the approving authority.
(3)
Any subdivision or site plan approval shall expire within three years from the date of preliminary plat approval if no application has been filed for final approval or extension of the preliminary plat approval granted by the approving authority in accordance with the provisions of this chapter set forth below. If final plat approval has been granted, this provision with respect to preliminary plat approval shall be inapplicable, and the expiration of approval shall be governed as is set forth below with respect to final plats.
(4)
Any subdivision or site plan approval shall expire within two years from the date of final plat approval unless construction shall have been actually commenced on those improvements, whether on-tract, off-tract, on-site or off-site, required as part of the approval, as a condition of the approval or shown on the plan presented for approval or plan revised in accordance with the approval. Said improvements shall include but not be limited to streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments as required by the Map Filing Law, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plan only, other on-site improvements and landscaping. If the performance bond covering any of the above improvements expires prior to the two-year period following final plat approval without completion of the aforesaid improvements covered by the bond, the approval shall expire with the expiration of the bond.
B.
Extension of time period for approval. Any approval requiring an improvement as is set forth above shall last for the life of the performance bond and any extension of said bond. All improvements must be completed during the effective life of the performance bond or the approval shall expire. Any approval may be extended by resolution of the approving authority. Any extension of preliminary or final approval of a site plan or subdivision by the approving authority, pursuant to the Municipal Land Use Law, shall automatically extend those time periods for expiration of approvals as are set forth above.
C.
Completion of construction. All improvements set forth above must be completed during the effective life of the performance bond guaranteeing that improvements or the approval shall expire. Those improvements which must be commenced during a period of time following approval as is set forth above shall be completed in accordance with the building permit or construction permit issued by the state or municipality, within the time period set forth by such permit or the law authorizing such permit, requiring continuation of work upon the premises, building or use. A cessation of construction for a six-month period shall be prima facie evidence of intent to abandon, at which time the approval shall expire without hearing or notice unless the permit has been renewed.
D.
Previously approved applications, uses and plans. Any previous approval granted by the Zoning Board of Adjustment, the Planning Board or the governing body of the Borough of Palmyra, wherein no construction of the use approved or the improvements required by the approval has commenced, shall expire on July 2, 1980, unless an extension is granted by the interpretation of one of the provisions set forth in this section.
§ 158-69 Appeals from Planning Board to governing body.
An appeal authorized under the provision of N.J.S.A. 40:55D-17 from any final decision of the Planning Board may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
§ 158-70 Escrow deposit required to cover appeal expenses.
Immediately upon filing the notice of appeal with the Borough Clerk, the entity taking the appeal to the governing body pursuant to § 158-69 above shall deposit in escrow the sum of $50. The amount placed in escrow shall be up in an escrow fund to be placed with the Borough Treasurer. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect or make recommendations with respect to the appeal and the documents submitted therewith. Services to be paid out of the escrow fund shall include but not be limited to legal, engineering, planning, accounting and processing fees. The fees to be charged shall be made in accordance with a statement of fees filed by each professional employee with the Borough Clerk. If at any time the escrow fund shall be deemed by the Borough Treasurer to be insufficient to cover the actual or anticipated expenses with respect to the professional review, said funds shall be subject to increase on demand. If at any time it becomes evident that the escrow is or will be insufficient to cover the expenses of the Borough's professional personnel, the appellant shall increase the fund as required by the Borough. Sums not utilized in the review process shall be returned to the appellant. No decision shall be rendered by the governing body with respect to an appeal unless the escrow fund is sufficient to cover the actual or anticipated expenses with respect to the professional review.