Village of Irvington, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 5-3-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 114.

§ 160-1 Reference of applications to professionals.

[Amended 4-6-2015 by L.L. No. 5-2015]
A. 
The Board of Trustees, Planning Board, Zoning Board of Appeals or Building Inspector, in the review or enforcement of any application, petition, appeal or permit, may refer such matter to such engineering, planning, legal, technical, environmental or other professionals as the referring board or official deems reasonably necessary to enable it to review or enforce the application, petition, appeal or permit as required by law, and the fees for such services shall be paid for by the applicant.
B. 
The Board of Architectural Review (ARB), in the review of any application for approval or any permit relating to any property in the Historic Overlay District, may refer the matter to such engineering, architectural, historical or real estate professionals as the ARB deems reasonably necessary to enable it to review the application as required by law, and the fees for such services shall be paid for by the applicant.

§ 160-2 Escrow account; payment of fees.

A. 
At the time of submission of any application, petition or appeal or during the review process, the reviewing board or official may require the establishment of an escrow account from which withdrawals shall be made to reimburse the Village for the costs of professional review services.
B. 
The sum deposited shall be held by the Treasurer in a separate account for the benefit of the applicant and will be disbursed by the Treasurer for payment of professional fees in accordance with the usual requirements of the Village for the payment of bills.
C. 
The Board of Trustees, Planning Board, Zoning Board of Appeals, Board of Architectural Review or Building Inspector shall not consider or consider further any application, appeal or petition for which a deposit is required under this chapter until the Treasurer has stated that the deposit has been made.
[Amended 4-6-2015 by L.L. No. 5-2015]
D. 
If such account is not replenished within 30 days after the applicant is notified of the requirement for such additional deposit, the reviewing board or official may suspend its review of the application.
E. 
A building permit or certificate of occupancy shall not be issued unless all professional review fees required by this chapter have been reimbursed to the Village.
F. 
After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit.

§ 160-3 Payment of fees when escrow is not required.

For applications for which no escrow is required, no permit, variance, subdivision, site plan or other approval shall be issued, and no application therefor shall be considered by the Village Board, Planning Board, Zoning Board of Appeals, Architectural Review Board, Environmental Conservation Board, Building Inspector or any other board, commission or agency of the Village, if fees owing under § 160-1 are owing for more than 30 days after the Village notifies the applicant that the fees are owing.

§ 160-4 Nonpayment of fees.

[Added 10-7-2013 by L.L. No. 13-2013[1]]
Any unpaid fees for services charged pursuant to this chapter shall be assessed against the property and become a lien on the property and collected in the same manner as delinquent taxes.
[1]
Editor's Note: This ordinance stated that this section shall be applicable to applications pending at the time it becomes effective. This ordinance also redesignated former § 160-4, When effective; applicability, as § 160-5.

§ 160-5 When effective; applicability.

A. 
This chapter shall become effective immediately upon filing with the Secretary of State.
B. 
This chapter shall be applicable to applications pending at the time it becomes effective.