§ 165-39. Payment for professional services; escrow deposits.

In addition to the filing fees and any other fees or payments required by this chapter, the applicant for any development application, appeal or other matter pursuant to this chapter shall be responsible to reimburse the Borough for payments made to professionals for services rendered to the Borough related to such application, appeal or other matter. The following provisions shall apply to such payments:

A. 

Initial deposits for professional services. The following escrow fees shall be collected by the Secretary at the time of the filing of the application. These fees are to be applied for the review of applications by the professional staff/consultants and shall include all office review, phone correspondence, preparation of reports, conferences, appearance at meetings, or other purposes under the provisions of this chapter or the Municipal Land Use Law. For purposes of this section, professional staff shall include the Borough Planner, Borough Engineer and Board attorneys, and such other professionals as may be deemed necessary by the Planning Board to review an application. Deposits shall be paid by personal check, certified check, cashier's check or bank money order. In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. In the event that there is no new schedule of fees filed by the professionals, the schedule previously filed by the professional shall prevail.

B. 

Subsequent deposits for professional services. In the event that the amount in the individual account for professional services should become depleted to less than 25% of the initial deposit required by this chapter, and if the Secretary determines that additional funds are necessary to cover the cost of processing said application, the Secretary shall notify the applicant immediately of such depletion. Upon receiving such notice, the applicant shall deposit additional funds as necessary to make the amount in the account not less than 50% of the initial deposit required by this chapter for professional services.

C. 

Failure to maintain deposit for professional services. If the required funds for professional services are not deposited in a timely manner, the Secretary shall notify the Borough agency having jurisdiction over the application and shall send copies of said notification to the Borough Finance Director. Upon receipt of the cost of notification, the Finance Officer shall immediately inform the Mayor and Council of said notification. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that the time for action by a Borough agency as required by this chapter shall expire prior to the payment of the required deposits, the reviewing agency shall have the option of dismissing the application.

D. 

Vouchers for payment of professional services. All payments charged to a deposit required by this section shall be made pursuant to written monthly vouchers for each application from the professional(s), stating the hours spent, the hourly rate and the expenses incurred. The Borough shall render a written final accounting to the applicant on the uses to which the deposit was put.

E. 

Procedure for payment of vouchers; appeals of charges. The following procedure shall apply to the payment of vouchers for professional services pursuant to this section:

(1) 

Upon receipt of any vouchers for payment of professional services, the Secretary shall submit a copy of said voucher to the applicant.

(2) 

Within 14 days of the mailing of said vouchers, the applicant may request in writing a hearing on the reasonableness of the charges contained in said vouchers. Any such hearing shall be held by the Borough agency with jurisdiction over the application.

(3) 

In the event the applicant requests such hearing, no payments shall be made pursuant to the disputed voucher(s) until the Borough agency shall have ruled on the appeal. If the Borough agency find in favor of the applicant, payment pursuant to said voucher(s) shall be adjusted accordingly.

(4) 

All vouchers for payment of professional services pursuant to this section shall be submitted to the Borough agency for whom the services were performed. The Borough agency shall at a public hearing approve or deny payment of the vouchers. No voucher shall be denied payment without giving the professional submitting the voucher an opportunity to be heard concerning the reasonableness of said voucher.

(5) 

If no hearing is requested as outlined above, or if the Borough agency finds in favor of the professional, payment shall be made pursuant to the voucher.

(6) 

If approved by the Borough agency, the voucher shall be directed to the Borough Finance Director for reimbursement to the professional for services rendered.