[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-27-2009 by L.L. No. 3-2009]
This article shall be known and referred to as the "Reimbursement
for Professional Fees Law of the Village of Wesley Hills."
The intent of this article is to reimburse the Village of Wesley
Hills for expenses incurred in connection with the review of applications
made to the Planning Board, the Zoning Board of Appeals and the Village
Board of Trustees.
In addition to the application fees required to be paid by an
applicant, the applicant shall also reimburse the Village for any
and all fees paid by the Village in connection with the review of
such application by the Planning Board, Zoning Board of Appeals, or
Board of Trustees. With regard to all applications to the Zoning Board
of Appeals, the Village Board and the Planning Board, the respective
Board or Technical Advisory Committee (TAC), as the case may be, shall
set an amount, in consultation with the Village Engineer, Planner
and Attorney, to be placed in an escrow account to be maintained by
the Village for the purpose of paying the fee statements of the Village
professionals in connection with the review of the application. In
the event that the escrow account is subsequently reduced to an amount
below $500, the Boards shall require the applicant to replenish the
account in an amount to be determined by the respective Board. Applicants
before the respective Boards for other relief shall pay the fee statements
for Village professionals within 30 days of presentation. All applicants
shall be presented with a fee statement or statements for such review
and/or payment on a periodic basis or upon request.
Such professional services shall include, but not be limited to, planning consultants, engineers, attorneys, architects, traffic consultants and any other technical consultants whose services are deemed necessary by the appropriate Board for services rendered in connection with the review of applications for relief as set forth in § 102-3 hereof by municipal boards and agencies. Fees for such services shall be charged on a time-and-expense or flat basis, as the case may be, and as is customary in the County of Rockland, State of New York, for such services, and shall be at a rate which is competitive with other like professionals in the County of Rockland, State of New York.
Presentation of such statements shall be deemed complete when
mailed by the Village to the applicant's designated representative.
Such statements shall set forth the nature of services performed, the date such services were rendered, the time spent thereon (if such services are rendered on a timed basis) and the name of the party rendering such services. A voucher or other bill rendered to the Village and paid by the Village shall be deemed a fee statement in full compliance with this article and with § 102-3 hereof.
Any applicant who disputes any fee statement presented to him
pursuant to this article may bring a proceeding in the Supreme Court
of the State of New York, in and for the County of Rockland, pursuant
to Article 78 of the Civil Practice Law and Rules of the State of
New York, within 30 days after presentation of such disputed fee statement.
The commencement of such a proceeding shall not stay the obligation
of the applicant to pay any fee statement presented to him pursuant
to this article.
Any fee statement imposed by this article which remains unpaid
at the time the annual tax roll applicable to the Village is certified
shall become a lien upon the premises for which the application was
made. Such unreimbursed fees shall thereupon be levied against the
said premises, as if a tax on real property, and in addition to all
other taxes, fees, rents or charges which would otherwise be so levied.
In the event the affected premises comprise more than one tax lot,
then the Village Treasurer shall distribute such levy equally among
each such tax lot without regard to assessed value or any other factor.
An application for approval, or for any intermediate approval
process, or for any action covered by this article by the Planning
Board, Zoning Board of Appeals, or Board of Trustees shall not be
deemed complete for any purpose until such time as the funds required
by the agency before which the application is pending shall have been
paid to the Village Treasurer.
A.
In addition to any other fee applicable under this chapter, an applicant
seeking approval for a new wireless telecommunications facility or
tower within the Village shall be required to place the sum of $5,000
as an initial cash escrow or place a letter of credit in favor of
the Village of Wesley Hills in the same amount with the Village Clerk.
B.
In addition to any other fee applicable under this chapter, an applicant
seeking to co-locate on an existing wireless service facility or tower
within the Village shall be required to place the sum of $2,500 as
an initial cash escrow or place a letter of credit in favor of the
Village of Wesley Hills in the same amount with the Village Clerk.
