[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 8-9-1994 by L.L. No. 9-1994. Amendments noted where applicable.]
The Board of Trustees, the Planning Board or the Zoning Board of Appeals, in the review of any application, may refer any such application presented to it to such engineering, planning, legal, technical or environmental consultant or professional(s) employed by the Village as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accord with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. Charges made by the Village shall be in accord with the hourly rates upon which the employee's actual salary is based and fringe benefits and reasonable overhead. All such charges shall be paid on submission of a Village voucher.
The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of the 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 sought to be avoided wherever practicable in order to minimize the cost of such consultants' reports or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule or regulation or the Village Code.
[Amended 1-24-2006 by L.L. No. 2-2006]
At the time of submission of any application to the Village for site plan, special permit, or subdivision and at the discretion of the Village for permits sought in conjunction with an erosion and sediment control permit in accordance with Chapter 118, Flood Damage Prevention, in accordance with Chapter 130, a steep slopes work permit in accordance with Chapter 213, and a permit to perform regulated activity in a wetland in accordance with Chapter 245, or a tree removal appeal, or in connection with any other application when the Village deems it necessary to retain a consultant regarding the application, the applicant shall submit a separate check in an amount to be determined by the Village Administrator or Village Engineer, but not less than $250 nor more than $2,500, to be used to establish an escrow account, from which withdrawals shall be made to reimburse the Village for the costs of professional review services.
The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village.
The applicant shall be required, from time to time, to deliver additional funds to the Village for deposit in the escrow account if such additional funds are required to pay for professional consultation services rendered to the Village or anticipated to be rendered.
If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding.
In the event that any application before any Board or department is withdrawn prior to any actions being taken, the applicant is nevertheless responsible for any expenses incurred by the Village with regard to said application prior to such withdrawal.
Escrow funds may be refunded to the applicant only when the applicant formally withdraws the application from consideration by the permitting authority or when the applicant receives a final determination from the permitting authority; in either case, all reimbursable charges incurred by the Village shall be first deducted from the escrow account, leaving an unencumbered balance that is not required by the permitting authority to pay consulting costs attributable to the application. Fees collected in accordance with the Village Code shall not be refunded. However, if the applicant is indebted to the Village for any fees, the amount of money still owed shall be added to the real property Village tax of the property and shall become a lien against the property if not paid within 30 days of written demand.
A building permit or certificate of occupancy or use shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village.
The imposition of escrow account fees are in addition to, and not in place of, other fee schedules currently in force.
[Amended 8-26-2003 by L.L. No. 13-2003]
All fees required pursuant to this chapter shall be collected by the Clerk of the Board having jurisdiction over the application. The current License and Fee Schedule is on file in the Village Clerk's office.
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.