Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of East Hanover 12-16-1985 as Board of Health Ord. No. 4-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 79.

§ 175-1 Deposit required.

It is hereby established, in connection with various applications for review, variances and other matters before the Township of East Hanover Board of Health, a requirement that an applicant for said review or said application review, variance or other matters before the Board of Health of the Township of East Hanover pay, in addition to the amounts designated on the Schedule of Fees established pursuant to Chapter 79 of the Code of the Township of East Hanover, a deposit of an adequate fund to cover the cost of professional services incurred by the Board of Health in connection with said application, review or hearing, including but not limited to shorthand reporting, transcripts, review, inspection and reports by the Township Health Officer or Sanitarian, Health Board Attorney and/or special counsel to the Board of Health, consulting experts to the Board of Health and other professionals whose services are deemed necessary with respect to the processing of the application, review, variances and/or hearing by the Board of Health.

§ 175-2 Depositing of moneys into escrow account; ledger page; charges.

All moneys required under this chapter shall be deposited by the Secretary of the approving authority in the township's escrow account, and the Township Treasurer shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts required to process said application shall be charged against the applicant's escrow account.

§ 175-3 Initial deposit.

The amount of the initial deposit to said escrow account, to be remitted at the time of the filing of the application, shall be as provided in § 79-15.

§ 175-4 Remainder to be returned to applicant.

Any of the aforesaid deposit remaining in the escrow account upon completion of the application procedure shall be returned to the applicant.

§ 175-5 Depletion of escrow funds prior to completion.

In the event that the funds in the escrow account should be depleted prior to completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of an application by Board of Health, the Secretary of the approving authority shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.

§ 175-6 Payment of fees prior to action by Board of Health.

The Board of Health shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.

§ 175-7 Charges against escrow to specify services.

All bills submitted to the Board of Health by the stenographer, health consultant, Board Attorney, the consulting engineer, special counsel to the East Hanover Board of Health or other professionals containing charges to be applied against an applicant's escrow account established pursuant to this chapter shall specify the services performed in relation to individually identified applications for which the charges have been incurred.

§ 175-8 Unit charges.

Unit charges, i.e., per diem or hourly fees and inspection and expert testimony charges, levied by the stenographer, health consultant, Board Attorney, special counsel to East Hanover Board of Health or other professionals for services rendered in connection with an application may not exceed those unit charges contracted for and/or approved by the township agency for services by said professionals.

§ 175-9 Accounting of funds to be withdrawn; appeals.

A monthly accounting of all funds to be withdrawn by the Board from the escrow account shall be submitted by the Secretary of the approving authority to the applicant at least 10 days prior to the withdrawal of said funds. Within said 10 days, the applicant shall have the opportunity to request, in writing, a hearing by the Board of Health with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawals shall be made from the escrow account until the Board of Health shall have ruled on the appeal. If the Board of Health finds in favor of the applicant, the withdrawal shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account.