The legislative intent of this chapter is to provide for the
review of applications for subdivisions, site plans, special permits,
variance requests and supporting materials by a professionally licensed
village designated engineer(s) to ensure compliance with village laws,
ordinances and standard engineering practices and to provide the means
for collecting fees appropriate to cover the costs for such services
in a manner incumbent on the applicant before the village and, where
necessary, to similarly provide for the inspection of construction
improvements required for conformance to the terms of approval of
said applications and to similarly cover costs for such services.
[Amended 9-21-2004 by L.L. No. 3-2004]
A. Review of applications.
[Amended 4-21-2015 by L.L. No. 3-2015]
(1) Upon request by the Zoning Board of Appeals/Planning Board, the Village
Board is authorized to designate an engineer or engineering firm (Village-designated
engineer) to assist the Zoning Board of Appeals/Planning Board in
its review and consideration of applications for subdivision review,
site plan review, issuance of special permits, or variance requests.
(2) All fees for the services of a Village-designated engineer retained
pursuant to this section shall be the sole responsibility of the applicant.
The Zoning Board of Appeals/Planning Board shall determine an estimated
cost for engineering services. No application for which a Village-designated
engineer has been retained shall be reviewed or otherwise considered
by the Zoning Board of Appeals/Planning Board until the applicant
has submitted to the Village Clerk monies in the amount of $5,000
or the estimated Village engineering costs if less than $5,000. The
monies will be replenished in the account at the half-way point net
30 days as determined by the Zoning Board of Appeals/Planning Board.
At any time throughout the review process, the Zoning Board of Appeals/Planning
Board is authorized to require the submission of additional monies
by the applicant for estimated engineering costs. The review process
shall not continue until the applicant has submitted to the Village
Clerk an amount equal to the additional estimated costs.
B. Review of construction activity and installation of improvements
and infrastructure. Upon request by the Zoning Board of Appeals/Planning
Board, the Village Board is authorized to designate an engineer or
engineering firm (Village-designated engineer) to review, inspect,
monitor or otherwise oversee any construction activity or installation
of improvements or infrastructure which results from any subdivision
approval, site plan approval, special permit approval, or variance
approval. No site preparation (including but not limited to clearing,
filling and grading), nor any type of construction activity or infrastructure
installation related to any project for which a Village-designated
engineer has been retained pursuant to this subsection, shall be commenced
until the applicant has submitted to the Village Clerk monies in an
amount equal to the estimated costs for review of such activities
by the Village-designated engineer. At any time during this review
process, the Village Board is authorized to require the submission
of additional monies by the applicant for estimated engineering costs.
No project activity shall continue until the applicant has submitted
to the Village Clerk the amount equal to the additional estimated
engineering costs.
[Amended 4-21-2015 by L.L. No. 3-2015]
C. Additional monies held in escrow. Any monies of the applicant held
in escrow by the Village for engineering services which exceed final
actual engineering costs shall be returned to the applicant upon final
completion of the project.
D. Review of expenditures. The applicant will be provided with copies
of Village engineering bills for review prior to payment. The applicant
will have two weeks from the receipt of the bills to review. The Zoning
Board of Appeals/Planning Board will take any concerns to the Village
Board for its review.
[Amended 4-21-2015 by L.L. No. 3-2015]