[HISTORY: Adopted by the Board of Health of the Township of Readington as indicated in article histories. Amendments noted where applicable.]
Article I Escrow Deposits
[Adopted 12-16-1998 by Ord. No. BH:98-04]
In addition to the fees established by statute, regulation or other ordinances of the Board of Health (such fees being charged to cover general administrative costs), applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this article.
The escrow funds shall be utilized to cover the out-of-pocket costs of the Readington Township Board of Health for professional and nonprofessional services incurred by it during the processing of applications. The balance of deposited escrow funds not so utilized shall be refunded to the applicant.
Such costs shall include fees and expenses incurred for services such as the review of plans and test results, consultations, site inspections, reports, meeting attendance, general preparation, research, testimony, testing and other work performed by engineers, attorneys and consultants to the Board of Health, as well as the direct costs of items such as shorthand reporting, preparation of transcripts and other services deemed necessary by the Board of Health with respect to the processing and hearing of applications before it.
[Amended 2-21-2007 by BH:01-2007]
Escrow funds in the amounts specified herein shall be required in connection with the following applications:
Major subdivision (four to 10 lots).
Major subdivision (11 to 50 lots).
Major subdivision (more than 50 lots).
Sites with known prior contamination.
Applications involving more than one of the above categories, including combinations of categories within an application, shall require cumulative deposits.
An applicant to the Board of Health shall deposit all escrow funds called for in § 254-3, above, at the time of the filing of the application and, in any case, before the applicant's appearance before the Board of Health. No meeting or hearing with the applicant shall be held by the Board of Health until all required escrow funds have been deposited in accordance with this section. The escrow sums must be in the form of cash, certified check or bank or U.S. postal money order. All deposits of escrow funds shall be made to the official designated by the Readington Township Committee for that purpose.
Additional escrow funds may be required when the escrow has been depleted to 50% of the original escrow amount. The official designated by the Readington Township Committee shall be requested to notify the Board of Health when escrow funds have been so depleted. Vendors being paid from escrow funds shall notify the Board of Health as to additional costs anticipated to be incurred. The Board of Health shall in turn notify the applicant as to additional escrow funds which must be deposited. The Board of Health shall not take any further action on the application until adequate additional escrow payments have been deposited by the applicant with the official designated by the Readington Township Committee.
Escrow deposits shall be placed in an interest-bearing account by the official designated by the Readington Township Committee, and the same shall be administered by such official in accordance with the requirements of N.J.S.A. 40:55D-53.2, et seq.
All disbursements for professional and nonprofessional services involved in processing and hearing an application which requires the deposit of escrow funds shall be charged to the escrow account.
Vouchers shall be submitted monthly to the Board of Health, with a copy to the applicant, containing the charges to be applied against an applicant's escrow account. Such vouchers shall specify the services performed, the person(s) performing them and the time expended relative thereto in one-fourth-hour increments. The vouchers shall also set forth the hourly billing amount which will be the amount charged to the Board of Health pursuant to the professional's or nonprofessional's contract and which shall not exceed the amounts charged to the general public by that vendor for similar services.
All charges must be reasonable and necessary, given the status and progress of the application. Vendors must submit their final vouchers within 30 days of receipt of written notice from the applicant that the proceedings before the Board of Health are complete. The official designated by the Readington Township Committee shall provide the applicant with an accounting of escrow funds within 90 days after the Board of Health has completed action on the application.
All sums not actually expended shall be refunded to the applicant within 90 days after the Board of Health has taken action on the application.
No resolution approving any application which is subject hereto shall be passed by the Board of Health until all escrow sums required hereunder shall be paid in full.
In case of any dispute over escrow deposits, the matter shall be referred to the Readington Township Committee for decision.