[HISTORY: Adopted by the Board of Health
of the Township of Readington as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
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.
B.
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]
A.
B.
Applications involving more than one of the above
categories, including combinations of categories within an application,
shall require cumulative deposits.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
All sums not actually expended shall be refunded to
the applicant within 90 days after the Board of Health has decided
the application and written request is made by the applicant to the
Secretary of the Board of Health or other agent designated by the
Board of Health for return of all remaining escrows..
[Amended 12-16-2020 by Ord. No. BH 01-2020]
H.
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.
I.
In case of any dispute over escrow deposits, the matter
shall be referred to the Readington Township Committee for decision.
