[Added 3-15-2023 by L.L. No. 3-2023[1]]
The purpose of this article is to ensure reimbursement to the
Village for the actual costs of professional consulting and Village
professional staff services with respect to the review of land use
applications to the Board of Trustees or any other board or commission
having jurisdiction to approve or recommend with respect to the application.
Applicants should bear the cost of the professional services the Village
needs to review their land use applications in a fair and equitable
manner, consistent with the law of the State of New York.
For purposes of this article, the following terms shall have
the meanings ascribed to them in this section:
The person or entity making an application for approval to
use land, but not a board, commission or other entity of the Village
of Ossining.
A person or entity providing professional services, other
than an employee of the Village of Ossining.
Any application by an applicant for subdivision approval,
site plan approval, a special permit, a conditional use permit, a
freshwater wetlands permit, environmental quality review, a certificate
of appropriateness, a zoning text amendment, a Zoning Map change,
an amendment to the Comprehensive Plan, a use and/or area variance,
an interpretation of the Zoning Code, a consistency determination,
or an appeal by an applicant to the Zoning Board of Appeals from a
determination of the Building Inspector.
The planning, environmental, engineering, legal, architectural,
accounting or other professional services reasonably necessary to
review a land use application, whether provided by a consultant or
Village staff.
The Board of Trustees or any other board or commission of
the Village of Ossining having jurisdiction to approve or recommend
with respect to any land use application.
[Amended 3-15-2023 by L.L. No. 3-2023]
A.
Notwithstanding any inconsistent provision of any local code, every
reviewing board shall require the applicant for any land use application
to pay the cost of the professional services necessary to review the
application. The applicant shall provide funds to the Village for
deposit into such account in the amount set by resolution of the Board
of Trustees in the Annual Fee Schedule.
B.
Procedure. Before a reviewing board may undertake the review of a
land use application, the applicant must deposit with the Treasurer
an escrow in the amount set forth in the Village of Ossining Annual
Fee Schedule, such amount to be held in a non-interest-bearing account.
Fees for applications or reviews not listed on the Annual Fee Schedule
will be determined on a case-by-case basis after consultation by Village
staff and consultants.
(1)
If
the amount in the escrow account falls below 50% of the escrow amount,
the applicant and property owner will be notified that an additional
deposit must be made.
(2)
If
the applicant receives such a notice at least seven days before a
meeting of a reviewing board and fails to make the additional deposit
before that meeting, the reviewing board will not consider the application
further until the applicant deposits the additional funds.
(a)
All time limitations for the reviewing board to take action, conduct
a public hearing or render any other determination related to the
application, including time limitations which may be related to a
default approval, shall be tolled until such time as all reimbursement
of costs and expenses has been fully paid.
C.
In the event that an application is required to be reviewed by more
than one reviewing board, then in such event and to the extent applicable,
such reviewing boards shall use the same consultant(s), who shall
in such case prepare one report providing the data, information and
recommendations requested. In all instances, duplication of consultants'
reports shall be avoided whenever possible in order to minimize the
cost of such consultants' reports to the applicant.
A.
Consultants and Village staff members providing professional services
will submit monthly statements to the Director of Planning for their
professional services, setting forth the services provided and the
cost of those services. The cost of professional services provided
by a consultant will be as provided in the consultant's agreement
with the Village, consistent with the usual charges for such services
in Westchester County. The cost of professional services provided
by the Village's professional staff will be at hourly rates based
upon the actual salary and benefits paid by the Village, as determined
by the Treasurer.
B.
Within 15 days of the receipt of a monthly statement from a consultant
or the Village's professional staff, the Director of Planning will
provide a copy of the statement to the applicant by regular mail to
the address specified by the applicant or by electronic mail if the
applicant specifies an electronic mail address. The applicant may
dispute any charge by notifying the Village Manager of the basis for
the dispute in writing within 15 days of the date on which the Director
of Planning gives the applicant notice of the statement.
C.
If the applicant does not dispute any charge, the Director of Planning
will direct the Treasurer to pay the charges out of the escrow account.
If the applicant disputes any charge, the Village Manager will determine
within 15 days, based upon the applicant's statement, whether to pay
the disputed charge and will direct the Treasurer to pay the charges
the Village Manager determines to be reasonable and consistent with
the provisions of this article.
D.
All payments for review costs shall be in addition to any application,
inspection or other fees as may be required by any other laws of the
Village and shall not be used to offset the Village's general expenses
of engineering, legal and planning services for the reviewing boards
nor to offset the Village's general expenses.
A.
The Building Inspector shall not grant a building permit, certificate
of occupancy or certificate of compliance until all fees and costs
required herein have been paid in full.
B.
If, after final action is taken on the land use application and the
Director of Planning has received and approved all statements for
professional services with respect to the application, the escrow
amount held by the Treasurer is less than the charges for the approved
professional services, the applicant must pay the remaining balance
within 30 days. If the applicant fails to do so, the Treasurer will
cause the unpaid amount to be added to the next Village tax bill for
the property that is the subject of the application.
C.
If, after final action is taken on the land use application and the
Director of Planning has received and approved all statements for
professional services with respect to the application, the escrow
amount held by the Treasurer is greater than the charges for the approved
professional services, the Treasurer will refund the balance to the
applicant within 30 days.
D.
Withdrawal of a land use application before action is taken does
not relieve the applicant of the applicant's obligation to pay the
cost of professional services incurred in connection with the review
of the application prior to its withdrawal.
