§ 82-3. Escrow deposits; application fees; inspection fees., Chapter 82. Fees, Part II. General Legislation, Code of Ordinances, West Windsor

Obligation to pay application fees and professional fees incurred during the course of review. Applicants submitting the applications set forth herein shall pay such application fees as are due and all reasonable costs for professional services, including engineering, legal, planning, landscape architecture, traffic engineering, including review of traffic reduction plans, and other costs incurred by the Township in connection with the review and approval by the Planning Board or Zoning Board of Adjustment of the applications set forth herein, including costs incurred during any informal review of a concept plan by such Board and review to assure that the conditions of approval have been satisfied. Such professional services may be by Township staff or by consultants retained by the Township on a general basis or retained specifically for an application by the board of jurisdiction or the Township. In conjunction with payment of such professional fees, the applicant shall make an escrow deposit in the amount and manner set forth herein, shall execute an agreement in a form provided by the Township obligating itself to pay such fees and shall furnish a fee bond or other performance guaranty in favor of the Township guaranteeing the payment thereof. The application fee is a flat fee to cover direct administrative expenses and is nonrefundable.

Amount of fees and escrow deposits due. Each applicant shall, prior to his or her application being deemed complete, submit to the Township Treasurer in cash or by certified check or money order the following sums as application fees and escrow deposits. Where one application for development includes more than one approval request, the sum of the individual required fees shall be paid.

(1)

Subdivision fees.

[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]

Type of Plat		Application Fee	Escrow to be Deposited
Sketch plat		$500	$750 per lot for the first 5 lots and $300 per lot for the remaining lots
Minor subdivision		$500	$2,500 per lot
Major subdivision plat
	Preliminary plat	$750	$1,200 per lot for the first 10 lots, $800 per lot for the next 10 lots and $600 per lot for the remaining lots
	Final plat	$500	$1,000 per lot for the first 10 lots and $600 per lot for the remaining lots
	Combined preliminary plat and final plat	$1,000	$2,500 per lot for the first 10 lots and $1,000 per lot for the remaining lots
Subdivision certificate of approval		$125	None required

Editor's Note: See Ch. 200, Land Use, Part 2, Subdivision.

(2)

Site plan fees.

[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]

Type of Plan		Application Fee	Escrow to be Deposited
Site plan not involving any building area		$500	$25 per square foot of site area being disturbed
Residential concept plan		$750	$750 per unit for the first 200 units and $225 per unit for the remaining units
Nonresidential concept plan		$750	$0.10 per square foot for the first 200,000 square feet and $0.05 for the remaining square feet
Residential major site plan
	Preliminary approval	$750	$250 per unit for the first 200 units and $100 per unit for the remaining units
	Final approval	$500	$125 per unit for the first 200 units and $50 per unit for the remaining units
	If combined preliminary and final approval sought	$1,000	$400 per unit for the first 200 units and $200 per unit for the remaining units
Nonresidential minor site plan		$750	$35 per square foot of floor area
Nonresidential major site plans
	Preliminary approval	$750	$0.35 per square foot of floor area for the first 200,000 square feet and $0.15 per square foot for the remaining square feet
	Final approval	$500	$0.10 per square foot of floor area for the first 200,000 square feet and $0.05 per square foot for the remaining square feet
	If combined preliminary and final approval	$1,000	$0.40 per square foot of floor area for the first 200,000 square feet and $0.25 per square foot for the remaining square feet

(3)

Other submissions.

[Amended 5-6-2002 by Ord. No. 2002-10; 12-19-2005 by Ord. No. 2005-16]

Type of Plan	Application Fee	Escrow to be Deposited
General development plans	$2,000	$25,000
Conditional use approval with drive-through facilities	$750	$7,500
Conditional use approvals	$500	$3,000
Appeals under N.J.S.A. 40:55D-70a	$150	$750
Interpretation or special questions under N.J.S.A. 40:55D-70b	$200	$200
Hardship variances under N.J.S.A. 40:55D-70c	$100	$250 for each variance
Use variances	$1,000	$3,500 for each variance
Waivers from sign requirements	$300 for all waivers	$1,500 per waiver
Permits under N.J.S.A. 40:55D-34 and 40:55D-36	$150	$500
Modifications of previously approved plans without changes to MIC or FAR	$1,000	$1,500
All other modifications of previously approved plans	$100	Same as if the application were an original application
List of persons within 200 feet	$10 or $0.25 per name, whichever is greater	None required
Request for zoning text/map amendments	$2,500	$10,000
Maintenance guaranty application	10% of the maintenance guaranty or $500, whichever is greater	None required

(4)

If the final total square footage is unknown, fees and escrows shall be based upon maximum floor area permitted under Part 4, Zoning, of Chapter 200.

(5)

Development review fees for either subdivision or site plan applications may be proportioned to stages of submittals as approved by the Planning Board.

(6)

Unexpended escrow deposits for sketch plats and concept plans shall be credited against escrow deposits due upon filing of an application for development.

Determination of insufficient escrow deposit during completeness review.

(1)

Within 45 days after the filing of an application for development and before a determination of completeness is made, the Township shall determine whether the escrow amounts set forth above are sufficient for the Township to perform required application reviews, including review and preparation of documents and review to assure that the conditions of approval have been satisfied. In conducting such review, the following criteria shall be considered:

(a)

The presence or absence of public water or sewer servicing the site.

(b)

Environmental considerations, including but not limited to geological, hydrological and ecological factors.

(c)

Traffic impact of the proposed development.

(d)

Impact of the proposed development on the existing aquifer or water quality.

(e)

Impact on improvements which might require off-tract or off-site contributions agreements.

(2)

If additional sums are deemed necessary, the Treasurer shall notify the applicant of the required additional amount the Township has determined to be necessary. Each applicant shall, prior to the application being deemed complete, submit to the Township Treasurer in cash or by certified check or money order the amount of escrow deposit due pursuant to Subsection B and the amount of additional escrow deposit agreed by the applicant and the Township to be due in accordance with this subsection and shall complete all forms as required by the Director of Community Development. The application shall be deemed incomplete if the applicant and Township do not agree on the additional escrow amount due pursuant to this subsection.

Determination of insufficient escrow deposit after the application has been deemed complete.

(1)

If an escrow account contains insufficient funds to enable the Township or board of jurisdiction to complete required application reviews, including follow-up as to documents and conditions, the Township Treasurer shall provide the applicant with a notice of insufficient escrow balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the Township or board of jurisdiction and the applicant. Such amount shall be sufficient to pay all unpaid bills, as well as an amount sufficient to complete all applicant reviews, including follow- up as to documents and conditions.

(2)

In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. Other than these inspections, no further work shall be done on the application or development. In addition, no hearing before any Township board or committee may be convened and no construction permit or certificate of occupancy may be issued if such amounts are due and payable. The time to act under the Municipal Land Use Law shall be tolled during the time when there has been no municipal action on the application because the applicant has not posted the additional escrow deposit provided for in this subsection. In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for the collection of taxes upon real estate and may collect reasonable attorney's fees incurred in collecting such unpaid fees.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(3)

The board of jurisdiction may deny the application if the applicant has failed to pay any amounts due under Subsections B through D hereof. Whether or not specifically stated in the resolution of memorialization, payment in a timely manner of all escrow fees which become due shall be a condition of the approval of any application.

Periodic accounting of escrow funds and expenditures. The Township Treasurer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, if applicable, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.

Close-out procedures. The applicant shall send written notice by certified mail to the Township Treasurer, to the board of jurisdiction and to municipal professionals who worked on the application review that the board of jurisdiction has granted final approval; that, in the case of subdivisions or site plans, the subdivision or site plan has been signed by the board of jurisdiction and the approval has otherwise been perfected; and that, in the case of all other applications for which escrow deposits are necessary, the approval has been perfected and no further work by municipal professionals is necessary. After receipt of said notice, each professional shall render a final bill to the Treasurer within 30 days. The Treasurer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill from the professionals. Any balances remaining in the escrow account, including interest, if applicable, shall be refunded to the applicant along with the final accounting. The refunding process shall be in accordance with the guidelines and procedures established by the division of local government services in effect at that time.

Fee for inspection of constructed improvements.

[Amended 10-29-2018 by Ord. No. 2018-26]

(1)

Each developer shall reimburse the Township for all reasonable costs for the municipal inspection of the construction site and off-site improvements and shall execute an agreement in a form provided by the Township obligating itself to do so. An escrow fund will be established with the Township before construction begins, and such funds shall be used to pay the fee and costs of professional services employed by the Township to inspect the construction.

(2)

An initial fee, except for extraordinary circumstances, of the greater of $500 or 5% of the cost of improvements, both public and private, shall be deposited prior to the issuance of any construction permit. The estimated cost of improvements shall be determined by the Township Engineer pursuant to N.J.S.A. 40:55D-53.4 based on a preliminary itemized cost estimate prepared by the developer.

(a)

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

(b)

For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the Township Treasurer shall provide the developer with a notice of insufficient deposit balance and the developer shall make additional deposits of 25% of the reasonably anticipated inspection fees.

(3)

The Township Engineer shall not perform any inspection if sufficient funds are not on deposit, except that any required health and safety inspections shall be made and charged back against the replenishment of funds.

(4)

If an inspection deposit contains insufficient funds to enable the Township to perform required improvement inspections, the Township shall require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

(5)

The Township Treasurer shall provide the developer with an accounting of the deposit setting forth the information and in the intervals set forth in Subsection E. Upon the improvements being approved and all guarantees required under Chapter 200, Land Use, Article XVII, Improvement Guaranties, having been released, the deposit shall be closed out in the same manner as is set forth for escrow accounts in Subsection F.

Deposit of escrow funds. The Township Treasurer shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1.

Exemptions.

[Added 10-9-2001 by Ord. No. 2001-19]

(1)

The following organizations or individuals may, to the extent specified herein, be exempt from the payment of subdivision fees assessed pursuant to § 82-3B(1) and site plan fees assessed pursuant to § 82-3B(2):

(a)

Any non-profit recreational association holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)], when the property that is subject of the subdivision or site plan application is intended to serve the needs of all West Windsor citizens and the services provided by the organization would otherwise involve the expenditure of taxpayer funds.

(b)

Any landowner who seeks a subdivision for the purpose of donating a subdivided parcel of land to West Windsor Township, to another governmental entity or to a non-profit land-preservation organization, when the donated land will be deed restricted to prevent development and when neither additional residential nor commercial development will be built on any resultant parcel or enabled in any way by the subdivision.

(c)

A disabled person, or a parent, child or sibling of a disabled person, in connection with any application for development which promotes accessibility to his or her own existing living unit. For the purposes of this subsection, the term "disabled person" shall have the same meaning as provided in § 82-4V(3).

(2)

Any of the qualifying organizations or individuals may be exempt from paying the application fee and the escrow deposit set forth in § 82-3B(1) and (2). These organizations shall be required to pay any professional fee or other cost for application review incurred by the Township which exceeds the application fee and escrow deposit set forth in the chapter.