[Added 4-17-2000 by L.L. No. 2-2000]
A. 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 for review and consultation to an
engineering, planning, legal, technical or environmental consultant(s)
or professional(s) 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 accordance 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 incurred by the Village in utilizing Village employees
shall be in accordance with the hourly rates upon which the employee's
actual salary is based, including fringe benefits and reasonable overhead.
All such charges shall be paid by the applicant on submission of a
Village voucher.
B. 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' report 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 11-21-1994 by L.L. No. 2-1994]
All fees and deposits payable to the Village
shall be set forth, from time to time, by resolution of the Board
of Trustees.
[Added 4-17-2000 by L.L. No. 2-2000]
At the time of submission of any application
or thereafter, the reviewing Board may require the establishment of
an escrow account, from which withdrawals shall be made to reimburse
the Village for the costs of consultant services. The applicant shall
then provide funds to the Village for deposit into such account in
an amount to be determined by the reviewing Board based on its evaluation
of the nature and complexity of the application. The applicant shall
be provided with copies of any Village voucher for such services as
they are submitted to the Village. 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 to bring the balance up
to the amount of 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. An application shall be deemed incomplete
if any amount shall be outstanding. A building permit or certificate
of occupancy or use shall not be issued unless all consultant services
fees charged in connection with the applicant's project have been
reimbursed to the Village. After all pertinent costs, fees and charges
under this section have been paid, the Village shall refund to the
applicant any funds remaining on deposit.
[Added 4-17-2000 by L.L. No. 2-2000]
All fees required pursuant to this chapter shall
be collected by the Clerk of the Village of Lloyd Harbor.
[Added 4-17-2000 by L.L. No. 2-2000]
This article shall be applicable to the 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 article
shall be applicable to a pending application, it shall, in such event,
require an applicant only to pay for consultant services rendered
after it shall have become effective.