[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown: Art I, 6-14-1982 by Ord. No. 1982-3. Section 35-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
[Adopted 6-14-1982 by Ord. No. 1982-3]
All applicants applying for or seeking approval of any applications, permits, authorizations, endorsements or other similar transactions or benefits from the Board of Commissioners of the City of Bordentown, or any of the boards or departments of the City of Bordentown, hereinafter simply referred to collectively and severally as the "city," shall bear the cost of the professional and technical review of such applications and the supervision or inspections connected with any service, construction or installation by the city pursuant thereto or in connection therewith.
The applicant or person making or filing the application or request shall deposit a sum in escrow with the Treasurer of the City of Bordentown, hereinafter simply referred to as the "Treasurer," to cover the cost of the professional and technical review of such applications or requests and of the supervision or inspections connected therewith.
The sum to be deposited in escrow shall be in the amount estimated by the Treasurer and for which purpose the Treasurer shall confer with the City Solicitor, Engineer, Auditor or other appropriate professional employed, retained or engaged by the city, hereinafter simply referred to collectively and severally as "professionals," for the purpose of determining the initial amount of such escrow and all subsequent increase or additional sums to be so deposited.
The professional services performed and charged for the professional and technical review of applications or requests by the respective professionals shall be at an hourly or other rate not in excess of the rate as the professional performing the services routinely charges to the city for the performance of the same or similar service, together with any costs expended, all of the foregoing to be itemized by a statement or billing rendered to the Treasurer for payment from the escrow deposit, a copy of which statement or billing the Treasurer shall supply to the applicant or person that shall have made the escrow deposit, and said statement or billing shall be promptly paid from the escrow deposit by the Treasurer.
Any balance of any sum deposited in escrow and remaining after the payment of all professional and technical review, supervision or inspection fees and costs by the Treasurer shall be returned to the applicant depositing the same, upon being so directed by the Board of City Commissioners or the Planning Board or the Zoning Board or such department of the city as to which the application or request had been made or filed and finally acted upon.
The city nor any of its employees, professionals, consultants or any person or firm acting on behalf of any of the foregoing shall become or be considered to be a guarantor of, an obligor to, or a participant in, any contractual relationship with any applicant or any person relying upon or exercising rights or privileges based upon or connected with any approval, permit, authorization, endorsement or other transaction or benefit issued by or resulting from the action taken by the city or by any of its professionals, officials or employees.