Zoning — See Ch. 120.
§ 85-1Responsibility of applicant; consultant's reports.
§ 85-2Escrow accounts.
§ 85-3Effect on other fees; collection and deposit.
In the event that the Board of Trustees, the Planning Board or the Zoning Board of Appeals, upon and in review and consideration of any application before any such Board, shall determine it reasonably necessary to retain, engage or employ any engineering, planning, legal, technical or environmental consultants or to allocate and apply the services of any professionals or employees of the Village to assist such Board throughout the application procedures, such Board is hereby authorized to obtain such services, and the applicant shall be responsible and pay for the reasonable costs and expenses therefor. Such payment shall be by reimbursement to the Village upon submission to the applicant of a paid Village voucher. In the event that an application is required to be reviewed by more than one board, then, in such event and to the extent practicable, both boards shall use the same consultant, who shall, in such case, to the extent practicable, prepare one report providing data, information and recommendations requested. In all instances, duplications of consultants' reports or services shall be avoided wherever practicable in order to minimize the cost of such consultants' reports or services to the applicant.
All reviewing boards shall establish escrow accounts from which the aforesaid reimbursements shall be made by withdrawals therefrom by such reviewing board. At the time of application, the applicant shall provide funds to be deposited in such accounts in any amount to be reasonably determined by the reviewing board based upon its evaluation of the nature and complexity of the application and the services to be required.
If, at any time during the application procedure, the reviewing board reasonably determines the necessity for obtaining services in addition to those originally perceived, the applicant shall provide additional funds for deposit sufficient to meet such additional services.
In the event that any applicant shall at any time not have provided sufficient funds in accordance with the requirements of the reviewing board, upon 10 days' written notice to such applicant, such board may, in its sole discretion, suspend the review procedure, and the application shall be deemed incomplete unless and until such additional funds are provided. No building permit or certificate of occupancy or certificate for any use or any other relief sought within the scope of the application shall be issued or granted until all of the provisions of this chapter shall have been complied with by the applicant.
Upon the completion of the review procedure or upon withdrawal or discontinuance of the application by the applicant and after payment of all Village vouchers pertinent thereto, any funds remaining in the account, allocable to the application, shall be refunded to the applicant.
This chapter shall be applicable to applications pending at the time it shall become effective, unless the reviewing board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, it shall, in such event, require an applicant only to pay for professional fees for the services rendered after it shall have become effective.