[Adopted 10-9-2016 by L.L. No. 10-2016]
This article shall be known and referred to as the "Reimbursement
of Professional Fees Law of the Village of Suffern."
The intent of this article is to reimburse the Village of Suffern
for all 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. The applicant shall be presented with a fee statement
or statements for such review on a periodic basis. Such statements
shall be due and payable upon presentation thereof.
Such professional services shall include, but not be limited to, planning consultants, engineers, architects, attorneys and traffic consultants for services rendered in connection with the review of applications for relief, as set forth in §
132-1 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 section, and with §
132-3 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 Village certifies its annual tax roll 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.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly referred to
in said judgment.
This article shall be effective immediately upon filing with
the Secretary of State.