[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 4-11-1995 by L.L. No. 3-1995. Amendments noted where applicable.]
This law shall be known as the "Village of Nissequogue Reimbursement of Professional Consultant Fees Law."
The Board of Trustees hereby finds that the Incorporated Village of Nissequogue incurs significant expenses related to professional consultant review of applications before the Board of Trustees, Planning Board and Zoning Board of Appeals regarding site plans, special permits, subdivisions, variances and other or similar or related local, county, state or federal laws and/or procedures. Such professional consultant review is necessary to promote the general health, safety and welfare and to carry out the terms of the Village Code. There is hereby established a law whereby the village shall have the authority to submit any such application or other or similar matter which may come before it to a professional consultant, such as an engineer, environmental expert, planner and/or lawyer or other professional consultant, as it may deem necessary to enable it to review such application and/or other or similar matter as required by law.
The Village Board which is reviewing a given application and/or other or similar matter may, in review of any application which may come before it, refer such application presented to it to such engineer, environmental expert, planner and/or lawyer 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 metropolitan New York region 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.
Upon request, the applicant shall be 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 § 91-4 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 Code or any village fee schedule.
Proof of payment of all professional consultant review fees shall be obtained by the applicant from the Village Treasurer and presented to the Clerk of 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.
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 may be set forth by the Board of Trustees in a village fee schedule which may be amended from time to time, or, if no such fee schedule or fee schedule item exists for such application and/or other or similar matter, the applicant shall pay such sum as is deemed necessary by the reviewing board into an escrow account from which withdrawals shall be made to reimburse the village for the cost of professional consultant review 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 various application categories. 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. The Planning Board and the Zoning Board of Appeals shall not be obligated to comply with any time periods for review of site plans, special permits, subdivisions and/or variances pursuant to state and/or local law 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 and upon final approval or denial by the reviewing board or formal withdrawal of the application by the applicant, the village shall refund to the applicant any funds remaining on deposit.
All fees required pursuant to this chapter shall be collected by the Village Clerk.
This chapter shall supersede any inconsistent provision of Article 7 of the Village Law, §§ 7-706, 7-712, 7-725, 7-725-a, 7-725-b, 7-728, 7-730 and 7-738.
Editor's Note: § 7-725 of the Village Law was repealed by Chapter 694 of the Laws of 1992.
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this chapter shall not effect the validity of any part of this chapter which can be given effect without such invalid part or parts.
This chapter shall take effect immediately upon filing in the office of the Secretary of State of New York.