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