Purpose. Pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicants for development before the Township's land use board are required to establish and maintain an escrow account so as to cover professional fees incurred by the land use board for review of the applicant's plan for development. At times, applicants for development fail to maintain said escrow accounts resulting in the applicant receiving the benefit of the services provided by the board's professionals in requiring the municipality to attempt to collect funds way of a civil proceeding at great cost and expense to the taxpayers. It is the intention of this subsection to establish a municipal ordinance violation for failure of an applicant for development to maintain an escrow account and to be notified to do so, establishing penalties with respect thereto.

Failure to Maintain Appropriate Escrow Account. Any applicant for development before the Plumsted Township Land Use Board who is required by ordinance to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so by the Township of Plumsted, shall be considered to have violated the terms and conditions of this subsection. A certification from a Township's chief financial officer and/or assistant treasurer, that an applicant for development was provided notice, by way of regular mail and certified mail with a return receipt that their escrow account was deficient, and that thirty (30) days have elapsed since notice was sent by way of regular mail to the applicant for development and said escrow account had not been replenished during that period of time shall constitute prima facie evidence that the applicant for development has violated the terms of this subsection.

Penalty. Any person or entity who violates the terms and conditions of this subsection shall be subject to a fine no less than two hundred fifty ($250) dollars and no more than one thousand ($1,000) dollars for each such violation. Each separate day that a violation continues, meaning for each separate day that the escrow account remains deficient, shall be considered a separate and distinct violation.

Editor's Note: See also § 15-15, Escrow Funds.