[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-8-2013 by L.L. No. 6-2013]
A.
The Board of Trustees hereby finds that the Village incurs significant
expenses related to professional consultant review of certain applications
before the Board of Trustees, Planning Board, Zoning Board of Appeals,
Harbor Committee, and Board of Historic Preservation and Architectural
Review, including but not limited to those regarding site plans, special
permits, subdivisions, lot line modifications, variances, architectural
review and other or similar or related procedures. The professional
consultant review is necessary to promote the general health, safety
and welfare and to carry out the enabling authority provided by the
New York Legislature and implemented in the Village Code.
B.
The Village has the authority to submit any application which may
come before it to professional consultants, such as an engineer, environmental
expert, planner and/or other professional consultants, as it may deem
necessary to enable it to review such application, and the applicant
should reimburse the Village for the cost thereof. The costs of such
professional review involve activities and services beyond the routine
processing of these types of applications.
C.
All routine processing costs, including mailing and publication of
general meeting notices, stenographic public hearing transcripts and
standard Building Department review, are covered by and limited to
the stated application fees fixed by resolution of the Board of Trustees
from time to time. Recovery of the costs of professional consultants
is limited to the instances set forth herein.
A.
The Village board 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 an engineer, environmental
expert, planner 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 any such professional
services shall be in accord with fees usually charged for such services
in the eastern Suffolk County area. Fees charged shall be pursuant
to a contractual agreement between the Village and such professional
consultant and shall be limited to the maximum fee amount established
for applications set by resolution of the Village Board of Trustees.
[Amended 6-14-2022 by L.L. No. 10-2022]
B.
The Village Clerk shall review any such fees for professional consultant
services prior to the assessment of any such fees as a charge reimbursable
by an applicant. Applicants shall not be charged for fees for services
rendered by professional consultants retained by the Village which
relate to tasks performed for the mere convenience of the reviewing
board, such as mere attendance by the Village Engineer at any regular
public meetings of the Planning Board or the Zoning Board of Appeals;
except that, in the case of specific review of a particular application,
and except that, in the case of a special public or other meeting
for the purpose of reviewing a particular application, consultant
fees shall be recovered. Upon request, the applicant shall be provided
with copies of any voucher for such professional consultant review
services as 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 below. 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. An applicant may direct any questions relating
to fees for reimbursement of professional consultant services to the
Village Clerk, who may refer the matter to the reviewing board.
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 consultants'
reports shall be avoided whenever possible in order to minimize the
cost of such consultants' reports to the applicant.
A.
At the time of submission of any application which may come before
it, an initial deposit shall be required 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 deposit such sum as is deemed necessary by the reviewing board
based on its evaluation of the nature and complexity of the application.
Such deposit shall be held in an escrow account, separate and apart
from all other accounts of the Village. This deposit with the Village
shall be used as an advance against which withdrawals shall be made
to reimburse the Village for the cost of professional consultant review
services and the cost of publication of any special meeting notice
and/or any special meeting stenographic service and/or any other special
review costs actually incurred incident to a particular application.
No application shall be considered complete for review purposes until
said deposit is made in accordance herewith.
B.
The Village shall provide applicants with periodic statements indicating
the cost of professional consultant review services and other costs
paid out of the initial deposit. Whenever the balance in such escrow
account is reduced to a balance of less than 10% of the original deposit,
the Village shall notify the applicant, and the applicant shall immediately
deposit additional funds into such account so as to restore its balance
to a sum deemed necessary by the Village reviewing board. If an initial
deposit amount is depleted, the reviewing board may suspend its review
of the application. If any outstanding fees are not paid by the applicant
within 30 days of issuance of a request for additional payment, the
Board of Trustees, Planning Board, Zoning Board of Appeals, Harbor
Committee, and Board of Historic Preservation and Architectural Review
shall not be obligated to comply with any time periods for review
of site plans, special permits, subdivisions, lot line modifications,
variances, architectural review and other or similar applications
pursuant to state and/or local law if the applicant fails timely to
pay the fees as aforesaid. Any such time periods shall begin to accrue
again upon receipt of required payment.
C.
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. Any such refund shall be made as soon as the
Village is reasonably able to do so.
All fees required pursuant to this article shall be collected
by the Village Clerk, or the clerk of the reviewing board who shall
promptly forward same to the Village Clerk, for recording by the Village
Treasurer.
In the event that any fees or deposits established in this article create an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit, in its legislative discretion, after appropriate public hearing, except that no such recovery of costs imposed under Village Code § 125-12 may be waived or modified.
A.
This article is hereby adopted pursuant to Municipal Home Rule Law
§ 10(1)(i) and § 10(1)(ii)a(14) and Statute of
Local Governments § 10, Subdivision 6.
B.
It is the intent of the Board of Trustees, pursuant to Municipal
Home Rule Law § 10(1)(ii)d(3), to supersede any laws incorporating
relevant time limits and any inconsistent provision of Article 7 of
the Village Law, §§ 7-706, 7-712, 7-712-A, 7-712-B,
7-725-A, 7-725-B, 7-728, 7-730, 7-732, 7-734, 7-736 and 7-738, as
well as the Village Code, in relationship to which and to the extent
to which such provisions set forth specified time frames for certain
reviewing board action.
