[Adopted 9-9-2013 by L.L. No. 3-2013]
The Village of Castleton-on-Hudson is authorized to hire any
consultant(s) and/or expert(s), reasonably necessary to assist them
in reviewing and evaluating any pending or future applications for
land-use-related approvals. Consultant(s) and/or experts include,
but are not limited to, engineers, specialists and attorneys. Upon
initial review of the application, the Building Inspector, upon the
approval of the appropriate Board, shall make a determination of the
need for and the amount of any escrow account so that there are sufficient
funds to reimburse the Village for all costs and expenses incurred
by the Village for the consultant(s)/expert(s) evaluation and consultation
(the application escrow account). The appropriate Board shall then
provide the applicant with written notice of the need for and the
amount of funds estimated to be required to cover the expenses of
the review of the application. The applicant shall pay such amount
to the Village Treasurer within seven days of the receipt of such
notice.
If such application escrow account is required to be established,
the Board shall not consider any application presented to it as complete
until the funds required have been deposited in full with the Village
Treasurer as provided in this chapter. The Village Treasurer shall
be entitled to draw upon the account with the approval of the Village
Board to reimburse the Village for expenses it incurred in regard
to the application. The applicant shall not be entitled to recover
interest on the monies deposited with the Village Treasurer. Notice
of the hiring of a consultant and/or expert shall be given in writing
to the applicant prior thereto.
If the application escrow account maintained for the applicant
is depleted prior to the conclusion of the application review process,
the Board shall determine the additional amount of funds needed to
be deposited into the application escrow account and shall so notify
the applicant in writing that such additional amount shall be paid
by the applicant to the Village Treasurer within seven days after
receipt of such notice.
Upon approval of any application, the Building Inspector, with
the approval of the appropriate Board, shall make a determination
of the need for and the amount of any escrow account necessary to
reimburse the Village for the hiring of a consultant and/or expert
to review the applicant's implementation of the approved project
("construction escrow account"). Any funds remaining in the application
escrow account upon completion of the review of the application by
the Board shall be deposited into such a construction escrow account.
Should there be any dispute as to the amount of the escrow deposit;
said dispute shall be resolved by the Village Board of Trustees.
The applicant shall carry liability insurance in form and amount
satisfactory to the attorney for the Village to cover any claims arising
out of damage to any public or private property during construction
or costs and expenses to the Village arising from nonconformance with
violations of any Village laws, ordinances, rules or regulations.
Such insurance shall name the Village as first-loss payee.
