Village of Greenport, NY
Suffolk County
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Table of Contents
Table of Contents
[Added 6-17-2004 by L.L. No. 5-2004]

§ 150-40 Payment for consulting fees in applications to Village.

[Amended 3-22-2010 by L.L. No. 1-2011]
A. 
In every application to an officer, official, department, agency or board of the Village of Greenport for an action or approval by the Village related to the development, occupancy or use of a property or premises in the Village of Greenport, upon the filing of the application, the applicant shall be responsible for all consulting fees incurred by the Village of Greenport for the services of any consultants or engineers that are retained by the Village of Greenport with regard to that application for services related but not limited to engineering, environmental, legal, planning and traffic.
B. 
In every application to an officer, official, department, agency or board of the Village of Greenport for an action or approval by the Village related to the development, occupancy, or use of a property or premises in the Village of Greenport, upon the filing of the application, the applicant shall be responsible to deposit with the Village Clerk an amount of money to be held by the Village of Greenport in escrow for the purpose of reimbursing the Village of Greenport for the costs that are incurred by the Village of Greenport for the services of any consultants, including but not limited to engineering, environmental, legal, planning and traffic, that are retained by the Village of Greenport in the review and/or processing of that application and the completion of environmental assessment and other required forms.
C. 
The Village Administrator of the Village of Greenport shall be responsible to compute the initial escrow deposit that is paid to the Village of Greenport for consulting fees for an application pursuant to this section. In the calculation of the deposit required for consulting fees, the Village Administrator shall rely on written estimates provided by the consultants to be retained or that the Village of Greenport is considering retaining for the work that is involved for that consultant.
D. 
The Village Clerk shall place each deposit that is made to the Village of Greenport by an applicant pursuant to this section in a separate non-interest-bearing account.
E. 
Any application to an officer, official, department, agency or board of the Village of Greenport for which a deposit for consulting fees is required shall not be considered to have been filed with the Village of Greenport, no review of the application shall be undertaken by the Village of Greenport or its consultants and no hearing on the application shall be scheduled by the Village of Greenport until the amount that is required to be paid into escrow for consulting fees shall have been deposited by the applicant with the Village Clerk.
F. 
In the event that the amount that is being held in escrow by the Village of Greenport should be below 20% of the amount of the initial escrow deposit, the Village of Greenport, on the recommendation or request of the Village Administrator, may require that the applicant pay additional monies to the Village of Greenport to be placed in the escrow account to maintain the balance of the escrow account at not less than 50% of the initial deposit amount.
G. 
In the event that an application for which a deposit has been made is formally withdrawn in writing or when the application process and any judicial or other review of an application is completed, the balance of funds, if any, in the escrow account for that application shall be remitted to the applicant within 60 days of the final action by the Village of Greenport. The applicant may request that the amount in the escrow account shall remain on deposit with the Village of Greenport as the applicant's initial payment towards any post-approval fees for inspections or related matters.
H. 
The applicant for any application to an officer, official, department, agency or board of the Village of Greenport for which a deposit for consulting fees is required shall be responsible for all the consulting and engineering fees incurred by the Village of Greenport as provided in this section, notwithstanding that the escrow account balance may be insufficient to pay for said fees or expenses.