The following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (hereinafter referred collectively as "the Board"). The fee denoted as "application fee" shall be nonrefundable and shall be used solely to cover the administrative and overhead costs associated with the processing of the application. The fee denoted as "escrow review fee" shall be utilized exclusively to cover the cost of professional reviews of the application by the engineers, planners, attorneys and other professionals retained by the respective reviewing Board and other reviewing agencies of the Township. No application may be deemed complete until all applicable nonrefundable application fees and escrow review fee deposits have been paid. Both the applicant and the landowner shall sign the escrow replenishment agreement, which provides, in part, that in the event there is a failure to replenish the escrow account in accordance with the terms of the agreement, the Township has the right to withhold the zoning permit or the issuance of a certificate of occupancy until the deficiency is paid, and if the escrow review fees are not paid within 30 days of the billing date, the Township shall have the right to lien the property in the amount of the deficiency.

All volunteer fire and first aid squads located within the Township of Toms River serving the residents of the Township of Toms River which are holders of tax-exempt status under the Federal Internal Revenue Code of 1954 [26C U.S.C. § 501(c) or (d)] and the Toms River Regional Board of Education, the Toms River Municipal Utilities Authority, The Board of Fire Commissioners (Toms River Township District Number 1 and 2), any municipal agency, the County of Ocean, the State of New Jersey and the federal government or any of their agencies are hereby exempt from the payment of any fee charged pursuant to this section.

Amended application (formal hearing). After the Planning Board or Zoning Board of Adjustment has granted approval, an applicant may request amended approval. An amended approval shall be required for any request to increase the approved number of lots or units; to increase the floor area of any commercial or multifamily residential structure; increase the number of required or proposed parking spaces; to substantially modify any significant design detail, including but not limited to grading, drainage, street design or layout, landscaping or architectural design, curbs and sidewalks; to eliminate or modify any condition of approval; or create any new variance or design waiver relief.

Amended application/field change approval (Board review required). Where minor changes in the plans have been made by the applicant or requested by other governmental agencies, whose approval was a condition of the Board's approval, involving no additional building area, parking or significant change in design and where such changes are technical in nature and do not affect the basis upon which the approval was granted, and do not require changes in any condition of approval, the applicant, through the Board Engineer, may request that the Board administratively approve the changes. Said administrative approval shall be considered during the next available Board meeting. Additional copies of the plat incorporating the changes as necessary for distribution must be submitted to the Board Engineer.

Upon completion of the application and at the time that the applicant posts all required inspection fees (see Subsection H below), any unused escrow deposits shall be refunded to the applicant. Prior to the execution of a subdivision map or site plan by the appropriate Board officials or the issuance of a zoning permit or building permit, the Board Clerk shall require written confirmation from the Board professionals that there are no outstanding fees in conjunction with the application that are to be charged to the escrow account. In the event that additional fees to be charged to the escrow account are submitted and there is not sufficient funds to pay said fees, the applicant shall be notified to post such additional escrow deposit prior to the execution and release of the subdivision maps or site plan or the issuance of a zoning or building permit.

In the event an application is denied, all unused escrow deposits shall be refunded to the applicant within 90 days of the date of the adoption of the resolution of denial.

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 municipality in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of this section. The governing body, or its designee, shall within a reasonable time period attempt to remediate 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. 52:27D-127 any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to 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 municipality, 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 this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account. 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.

During the pendency of any appeal, the municipality 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 of 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 other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality 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 municipality 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 municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

Prior to the signing and recording of the final subdivision plat or the signing and release of the final site plan map or as a condition to the issuance of a zoning permit for the proposed development, the developer shall post a performance guarantee in favor of the Township in an amount equal to 120% of the estimated cost of the associated improvements and shall also post a deposit in the escrow fund to cover the Township's cost for inspecting said improvements in an amount equal to the greater of $500 or 5% of the estimated cost of said improvements.

For those developments for which the inspection fees are less than $10,000, the inspection fees may, at the option of the developer, be paid in two installments. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fee. 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 deposit shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the total inspection fee amount. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

In the event that the development project has been approved in phases or sections pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by phases or sections.

Major subdivision, site plan approval: $50, due and payable at the time of application for preliminary approval.

Variances pursuant to N.J.S.A. 40:55D-70(d): $50, due and payable at the time of application for a conditional use permit.

Minor subdivision, minor site plan approval: $25, due and payable at time of submission of application.

Variance pursuant to N.J.S.A. 40:55D-70(c) not connected with any other approval: $25, due and payable at time of submission of application.