[HISTORY: Adopted by the Village of Millbrook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-2005]
The Village of Millbrook incurs significant
expenses in professional consultant review of applications for subdivisions,
site plans, special permits, flood development permits, zoning amendments
and any similar or related local, county, state or federal laws and
procedures, and such professional consultant review is necessary to
carry out the purposes of the Village Code. There is hereby established
an article whereby the Village of Millbrook shall have the authority
to submit any such land use application which may come before any
board or commission in the Village to a professional consultant, such
as a planner, engineer, environmental expert or other professional
consultant as it may deem necessary, to enable it to review such applications
as required by law.
A.
The Village Board of Trustees, the Planning Board
or the Zoning Board of Appeals may, in the review of any application
which may come before it, refer such application presented to it to
such planner, engineer, environmental expert or other professional
consultant as the reviewing board shall deem reasonably necessary
to enable it to review such application as required by law. Fees charged
for such professionals shall be in accord with fees usually charged
for such services in the area and pursuant to a contractual agreement
between the Village and such professional consultant. All such charges
shall be paid by the Village upon submission of a Village voucher
by such professional consultant.
B.
The applicant shall he provided with copies of any Village voucher for such professional consultant review services as they are submitted to the Village. The applicant shall reimburse the Village for the cost of such professional consultant review services in accordance with the procedures described in § 100-3 herein. The payment of such fees shall be a condition of any approval and shall be set forth in any resolution of approval and shall be required in addition to any and all other fees required in connection with the review of the application as set forth in any chapter of the Village of Millbrook Code.
C.
Proof of payment of all professional consultant review
fees shall be obtained by the applicant from the Village of Millbrook
Clerk and presented to the reviewing board having jurisdiction over
the application. No building permit or certificate of occupancy shall
be issued nor shall any use or work be authorized under any resolution
of approval unless all professional review fees charged in connection
with the applicant's project have been reimbursed to the Village.
D.
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 each such reviewing board shall use the same
consultant, who shall in such case prepare one report providing the
data, information and recommendations requested. In all instances,
duplication of consultant's reports shall be avoided wherever possible
in order to minimize the cost of such consultant's reports to the
applicant.
At the time of submission of any application
which may come before it, the reviewing board shall require the establishment
of an escrow account as set forth by the Village Board of Trustees,
which deposit shall not exceed 50% of the average cost of such services
for applications of similar type, size and complexity based upon the
Village's experience over the preceding three years, from which withdrawals
shall be made to reimburse the Village for the cost of professional
review services. No application shall be considered complete for review
purposes until said escrow account is funded in accordance therewith.
When the balance in such escrow account is reduced to 1/3 of its initial
amount, the applicant shall deposit additional funds into such account
in an amount to be determined by the reviewing board, which funds
shall bring the escrow account balance up to an amount not to exceed
the initial deposit. 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 and the reviewing board shall not be obligated
to comply with any time periods for review set forth in any statute,
rule or regulation if the applicant fails to replenish the account
as aforesaid. Any such time periods shall begin to accrue again upon
receipt of the required payment. After all pertinent charges have
been paid, the Village shall refund to the applicant any funds remaining
on deposit.
All fees required pursuant to this article shall
be collected by the Village Clerk.
This article shall supersede any inconsistent
provision of Article 7 of the Village Law, §§ 7-706,
7-712, 7-725-a, 7-725-b, 7-728, 7-730 and 7-738.
