Wherever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the more restrictive, or that imposing the higher standards,
shall govern.
[Added 7-28-2004 by L.L. No. 2-2004]
A. Where the Village Board, Planning Board or the Zoning Board of Appeals uses the services of private engineers, attorneys or other consultants for purposes of engineering, planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications, for special permit approvals under Article
IV of this chapter, site plan approvals under Article
IV of this chapter, subdivision approvals under the applicable provisions of the Village Code, use or area variances or interpretations under Article
VII of this chapter, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, applications for permits to extract topsoil or natural resources under the applicable provisions of the Village Code, or for any other or ancillary land use or development permits or approvals required under the Village Code, as well as to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs of such services. In no event shall that responsibility be greater than the actual cost to the Village of such engineering, legal or other consulting services.
B. The Village Board, Planning Board or Zoning Board of Appeals, through
or with the assistance of Village staff, may require advance periodic
monetary deposits, to be held on account of the applicant or landowner,
by the Village of Red Hook to secure the reimbursement of the Village's
consultant expenses. When an initial deposit is required upon the
filing of the application, that deposit shall not exceed 50% of the
average cost of such services for applications of similar type, size
and complexity based upon the Village's experience over the preceding
period of three years. The Village may make payments from the deposited
funds for engineering, legal or consulting services, after audit and
approval by the Village Board of itemized vouchers for such services.
The Village shall supply copies of such vouchers to applicant and/or
landowner, appropriately redacted where necessary to shield legally
privileged communications between Village officers or employees and
the Village's consultants. When it appears that there may be insufficient
funds in the account established for applicant or landowner by the
Village to pay current or anticipated vouchers, the Village shall
cause the applicant or landowner to deposit additional sums to meet
such expenses or anticipated expenses.
C. The Village Board shall review and audit all vouchers and shall approve
payment only of such engineering, legal and consulting expenses as
are reasonable in amount and necessarily incurred by the Village in
connection with the review and consideration of applications for land
use or development approvals, or for the monitoring, inspection or
enforcement of permits or approvals or the conditions attached thereto.
For the purpose of this review and audit, a fee shall be "reasonable
in amount" if it bears a reasonable relationship to the average charge
by engineers, attorneys or other consultants to the Village for services
performed in connection with similar applications and, in this regard,
the Village Board may take into consideration the complexity both
legal and physical of the project proposed, including the size, type
and number of buildings to be constructed, the amount of time to complete
the project, the topography of the land on which such project is located,
soil conditions, surface water, drainage conditions, the nature and
extent of highways, drainage facilities, utilities or parks to be
constructed and special conditions or considerations as the Village
Board may deem relevant. A fee or part thereof is "necessarily incurred"
if it was charged by the engineer, attorney or consultant for a service
which was rendered in order to protect or promote the health, safety
or other vital interests of the residents of the Village, protect
public or private property from damage from uncontrolled surface water
runoff and other environmental factors, assure the proper and timely
construction of highways, drainage facilities, utilities and parks,
protect the legal interests of the Village, including receipt by the
Village of good and proper title to dedicated highways and other facilities,
the correction of defects arising during any postdedication maintenance
period and the avoidance of claims and liability and such other interests
as the Village Board may deem relevant.
D. The owner(s) of the subject real property, if different from the
applicant, shall be jointly and severally responsible to reimburse
the Village of Red Hook for funds expended to compensate for services
rendered to the Village under this section by private engineers, attorneys
or other consultants. In order for a land use application to be complete,
the applicant shall provide the written consent of all owners of the
subject real property, both authorizing the applicant to file and
pursue land development proposals and acknowledging potential landowner
responsibility, under this section, for engineering, legal and other
consulting fees incurred by the Village. In the event of failure to
reimburse the Village for such fees, the following shall apply:
(1) The Village may seek recovery of unreimbursed engineering, legal
and consulting fees by action venued in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for the reasonable and necessary
attorney's fees expended by the Village in prosecuting such action.
(2) Alternatively, and at the sole discretion of the Village, a default
in reimbursement of such engineering, legal and consulting fees expended
by the Village shall be remedied by charging such sums against the
real property which is the subject of the land development application,
by adding that charge to, and making it a part of, the next annual
real property tax assessment roll of the Village. Such charges shall
be levied and collected at the same time and in the same manner as
Village-assessed taxes and shall be applied in reimbursing the fund
from which the costs were defrayed for the engineering, legal and
consulting fees. Prior to charging such assessments, the owners of
the real property shall be provided written notice to their last known
address of record, by certified mail, return receipt requested, of
an opportunity to be heard and object before the Village Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
[Added 2-1-2014 by L.L.
No. 1-2014]
Greenway Compact Program and Guides for Dutchess County Communities,
as amended from time to time, is adopted as a statement of land use
policies, principles and guides. In its discretionary actions under
this chapter, the reviewing agency shall be guided by said statement
of policies, principles and guides. A copy of the Greenway Connections
is available for inspection and copying in the office of the Village
Clerk and available online.