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Plumsted City Zoning Code

§ 15-15

ESCROW FUNDS. 1

[Ord. 6/12/89, § 1; Ord. #90-19; Ord. #92-13; Ord. #2005-18, § I]
Escrow funds required to be deposited for the planning board, zoning board of adjustment and site plan committee.
a. 
General.
1. 
In addition to the submission of application filing fees (which are charged to cover general Township administrative costs), as set forth hereinbefore, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this section.
2. 
Said escrow funds shall be utilized to cover the municipal costs of professional and non-professional services incurred during the development review process. Professional and non-professional fees and salaries incurred in connection with but not limited to review of plans, consultation, site inspections, written report and resolution preparation, meeting attendance, general preparation, research, testimony and other work performed by the board planner, board attorney, municipal attorney (for review acceptance, any enforcement if necessary of performance maintenance surety), municipal engineer, health officer, assistant or the assistant to the municipal engineer, and other professional consulting services as may be required due to the nature of the application, shall be paid from escrow funds. Township may utilize escrow funds for all costs associated with bond release and bond reduction expenses, as well as any fees associated with and required for generation of tax maps, street maps and house numbering within Plumsted Township.
b. 
(Reserved)
c. 
Procedural Requirements.
1. 
An applicant to the site plan committee or other review committee shall deposit all escrow funds called for in the within section before the applicant's appearance before that committee. An applicant appearing initially before the planning board or the zoning board of adjustment shall deposit all escrow funds called for in the within section before said appearance. No meeting or hearing with the applicant shall be held by the said boards or committees until all escrow funds and required fees have been deposited in accordance with this section. The escrow sums must be in the form of cash, certified check, or money order. All deposits of escrow funds shall be made to the Township administrative official.
2. 
Additional escrow funds may be required when the escrow has been depleted to 20 percent of the original escrow amount. The Township shall notify the appropriate board when escrow funds have been so deleted. Professionals and non-professionals being paid from escrow funds shall notify the board or other review committee as to additional costs anticipated to be incurred. The board or other review committee shall not take any further action on the application until adequate additional fees have been deposited by the applicant with the Township.
3. 
Escrow deposits shall be placed in an interest bearing account and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.4.
4. 
All disbursements to consulting professionals and applicable charges from Township employed professionals and non-professionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow amount.
5. 
All bills submitted by consulting professionals relative to said applications shall specify the services performed for individual applications and the time expended relative thereto. The bill shall also set forth the hourly billing amount which will be the amount charged to the Township pursuant to the consultant's contract.
6. 
All charges by Township employed professionals and non-professionals, enumerated hereinabove, shall specify the services performed for individual applications and the time expended relative thereto. The hourly billing rate for Township employed professionals and non-professionals shall be one thirty-fifth of their weekly compensation, plus 30 percent, to reimburse the Township for the benefits supplied to the said employee.
7. 
The Township shall provide the applicant with an accounting of escrow funds within 90 days after the appropriate board has taken action on the applications.
8. 
All sums not actually expended shall be refunded to the applicant within 90 days after the appropriate board has taken action on the application.
9. 
No resolution approving any development application which is subject hereto shall be passed by either the planning board or the zoning board of adjustment until all fees and escrow sums required hereunder have been paid in full.
d. 
Every person or entity requesting a refund or a reduction of an escrow account shall provide proof that there are no delinquent property taxes or assessments due on the property in which they are requesting the refund or reduction.
[1]
Editor's Note: See also Subsection 15-12.2, Escrow Account to be Maintained by Applicant and Subsection 15-12.3, Fees.