[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.
A.
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.
B.
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.
C.
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.
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 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,[1] 7-725-a, 7-725-b, 7-728, 7-730 and 7-738.
[1]
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.
