[Added 1-11-2006 by L.L. No. 1-2006]
Where the Village Board of Trustees, Planning
Board, Zoning Board of Appeals, Historic Preservation Commission,
or Code Enforcement Officer find it necessary to utilize the services
of engineers, attorneys or other professional consultants for review
of the adequacy or substantive details of applications, including
but not limited to building permits, special use permit approvals,
site plan approvals, subdivision approvals, use or area variances,
historic review, applications for rezoning of parcels to accommodate
site-specific land development proposals or otherwise, or to assist
in assuring an applicant's compliance with the terms and conditions
of all the aforementioned administrative and legislative permits or
approvals, the Village may collect funds from the applicant/landowner
to be held in escrow in order to pay the consultant fees and costs.
The applicant and landowner, if different, shall be jointly and severally
responsible for payment of all the reasonable and necessary costs
of such services. Nothing herein shall change or modify the provisions
of the Code that relate to telecommunications towers and collection
of escrow and consultant fees.[1]
As early as possible after submission of an
application for review or consideration, the reviewing board or entity
shall make a determination whether it reasonably requires the services
of a professional consultant to assist with the review process. An
estimate should be submitted by the consultant for the anticipated
costs of the services.
All fees as estimated by the consultant shall
be placed on deposit with the Village of Kinderhook by the applicant
and/or landowner. The Village shall hold such funds in escrow without
accumulation of interest. The Village's consultants shall bill or
invoice the Village no less frequently than monthly for services rendered.
If at any time it appears that there may be
insufficient funds available to pay current or anticipated consultant
fees, the Village shall cause the applicant or landowner to deposit
additional sums to meet such expenses or anticipated expenses. The
reviewing board or entity shall have the right to refuse to undertake
or continue to review any application upon the failure of the applicant
and/or landowner to submit such requested fees.
Upon the final action of the reviewing board
or entity, any excess funds remaining on deposit after receipt and
processing of all consultant bills shall be refunded to the applicant
and/or landowner. At that time, the applicant shall receive an itemization
of how funds in the escrow account were disbursed.
