Prior ordinance history: Ordinance Nos. 88-2A, 90-1A, 93-1A and 02-1A, 2012-1, BH2016-2)
[Ord. No. BH2018-1 § 1]
[Ord. No. BH2018-1 § 2]
[Ord. No. BH2018-1 § 3]
[Ord. No. BH2018-1 § 4]
[Ord. No. BH2018-1 § 5]
[Ord. No. BH2018-1 § 6]
[Ord. No. BH2018-1 § 7]
In addition to the amounts designated on the Schedule of Fees established herein (which are 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 section.
Said escrow funds shall be utilized to cover the costs of professional and non-professional services and outside consultants incurred by the Board of Health during the processing of applications and certifications, as hereinafter described.
Fees or charges for professional services and outside consultants incurred in connection with the review of applications for development, review of applications for variances, review and preparation of documents, and/or review of applicable law: and certifications to the Township Planning Board and/or Board of Adjustment under the provisions of the Realty Improvements Sewerage and Facilities Act (N.J.S.A. 58:11-23, et seq.), based upon the schedule of fees and charges hereafter set forth in this Ordinance, shall be paid by the chief financial officer of the Township from escrow funds.
The services described above shall include, but not be limited to the services of the Board of Health Attorney and outside consultants, who shall be paid for the review of plans, consultations, site inspections, written correspondence or reports, meeting attendance, general preparation, research, and other related work, performed by the Board of Health Attorney and/or outside consultants with respect to the review and hearing of applications for development variances and certifications.
The only costs which shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing such applications and certifications. The applicant shall not be billed for clerical or administrative functions, overhead expenses, meeting room charges, or any other costs or expenses, nor shall any professional or outside consultant add any such charges to his or her bill. Fees and charges shall be at the same rate as all other work of the same nature by the professional or outside consultant for the Board of Health when fees are not reimbursed or otherwise imposed on applicants or developers.
Escrow funds in the amount specified herein shall be required relative to the following applications for development and certification:
Interpretation of soils permeability tests (other than percolation tests) related to septic testing requirements for nonresidential and residential uses are additional to the above escrow deposit requirements. $500.
Applications involving more than one of the above categories, including combinations of categories within an application, shall require cumulative deposits.
The amount of the escrow deposit(s) are intended to be fair and reasonable in regard to the scale and complexity of the application for development or certification.
Escrow Procedural Requirements.
An applicant to the Board of Health shall deposit all escrow funds called for in the within chapter 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 escrow funds and required fees have been deposited in accordance with this chapter. The escrow sums must be in the form of cash, certified check, or money order. All deposits of escrow funds shall be made to the official designated by the Warren Township Committee.
All professional charges hereunder shall be reasonable and necessary, given the status and progress of the application. Review fees shall only be charged for the application presently pending before the Board of Health or upon review of compliance with conditions of approval or requests for modification made by the applicant. No charges shall be made for items of service which are not within the jurisdiction of the Board of Health.
Escrow deposits in excess of $5,000 shall be placed in an interest bearing account by the official designated by the Warren Township Committee and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
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.
Each payment charged to the deposit shall be pursuant to a voucher which shall identify the personnel performing the service, and for each date the services were performed, the hours spent to 1/4 hour increments, the hourly rate and the expenses incurred. Such vouchers shall be submitted monthly to the Chief Financial Officer of the Township and, simultaneously, a copy shall be submitted to the applicant.
The Chief Financial Officer of the Township shall prepare and send to the applicant a monthly statement which shall include an account of funds listing all deposits, interest earnings, disbursements and cumulative balance of the escrow account.
If an escrow account or deposit contains insufficient funds to enable the Board of Health to render the required certification, or if the escrow balance has been depleted to 20% of the original escrow amount, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the application, the applicant shall within a reasonable time period (not more than 14 days of the date of such notice) post a deposit to the account in an amount to be agreed upon by the Board of Health and applicant.
Close-out procedures shall be as administered by the Township of Warren in accordance with applicable State law and local ordinance. All sums not actually expended (the balance of the escrow account) shall be refunded to the applicant with any interest (when applicable) accrued thereon upon final accounting, which shall be within 30 days after the Board of Health has taken final action on the application and all activity in the account has ceased.
In the event the applicant disputes the requirements for escrow deposits or charges, the applicant must provide the Board of Health detailed notice of the matters in dispute not later than 30 days from receipt of the statement of account. If the matter is not settled within 45 days after receipt of the applicant's notice of dispute the applicant may appeal to the Warren Township Committee for decision. All appeals to the Warren Township Committee shall be filed within 90 days of the applicant's receipt of the statement of account.
If any charge is disallowed after payment to a professional or outside consultant, the professional or consultant shall reimburse the deposit or escrow account in the amount of such disallowed charge, immediately upon receipt of notice of same from the Chief Financial Officer of the Township.
No resolution approving any application which is subject hereto shall be passed by the Board of Health until all fees and escrow sums required hereunder shall be paid in full.
No applications to the Board of Health shall be accepted from Applicants who are in default of making escrow deposits on past applications.
[Ord. No. BH2018-1 § 8]
All permits, licenses, approvals and applications of the Warren Township Board of Health shall be nontransferable and shall be valid only for the applicants and properties for which they were issued.
[Ord. No. 2018-1 § 9]
License fees for the permitting of not-for-profit organizations may be waived by the Administrative Authority upon application.