[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 4-13-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
Editor's Note: This local law was approved by the Mayor 4-16-2020.
The Village Board of Trustees hereby finds and determines that in order to ensure the proper government, protection, order, conduct, safety, health and well-being of persons and property in the Village of Fairport, particularly with respect to certain land developments and projects within the Village, it is necessary to obtain the reasonable and necessary counsel of legal, engineering and other professionals in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the course of review/consideration of such applications, including for special permit approvals, site plan approvals, subdivision approvals, use or area variances, appeals to and requests for interpretation by the Zoning Board of Appeals, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, or for any other land use or development permits or approvals required by the Village. Such counsel ensures that projects are developed, constructed and operated in a safe and workmanlike manner in conformity with all applicable governmental laws, codes, rules, regulations and procedures, ensuring the proper and necessary government, protection, order, conduct, safety, health and well-being of persons and property in the Village of Fairport.
The cost of retaining such competent engineers, attorneys and other professional consultants should primarily be paid by those who initiate and seek to benefit from such developments and projects, rather than by general Village funds which are raised by assessments and/or general taxes paid by taxpayers of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- CONSULTANT FEES
- Reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the course of review/consideration of such applications, including for special permit approvals, site plan approvals, subdivision approvals, use or area variances, appeals to and requests for interpretation by the Zoning Board of Appeals, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, or for any other land use or development permits or approvals required by the Village.
Consultant fees incurred by the Village, including those resulting from the Village's engagement of legal counsel, professional engineers, professional planners, and/or other qualified professionals or consultants, which are reasonable, necessary to the decision-making function of the Village and incurred relative to and in connection with a particular application shall be reimbursed to the Village by the subject applicant and/or owner, all in accordance with this chapter.
Village Board review. Upon review of itemized invoices submitted by consultants/professionals for consultant fees and prior to payment thereof, the Village Board will review such to confirm they are reasonable and necessary to the decision-making function of the Village relative to and in connection with a particular application.
Reasonableness. In determining reasonableness, it must be ensured that fees bear a reasonable relationship to the customary and/or average fees charged by consultants within the region in connection with comparable matters, including, for example, similar applications for land use, development, etc. Reasonable fees shall not comprise idiosyncratic or atypical charges given the particular matter. In no event shall reimbursable consultant fees exceed the actual cost to the Village relative to such services.
Necessary. In determining necessity, the Board must find that the subject consultant fees are necessary to the decision-making function of the subject board(s) of the Village as it relates to the particular application. Expenses that are merely convenient to the Village's objectives shall not be considered necessary.
Only after audit by the Village Board as described herein, and after actual payment by the Village of the consultant fees to the subject consultant/professional, shall such consultant fees be billed to the applicant. Such bill for reimbursement of consultant fees will be issued on a monthly basis and shall be paid by the applicant to the Village within 30 days.
In no event shall an applicant make direct payment to any Village consultant.
The reimbursement of consultant fees required by this chapter is in addition to application and other fees required pursuant to other applicable provisions of the Village of Fairport's laws, rules and regulations, including those fees set forth on the Village of Fairport Fee Schedule.
Editor's Note: The Fee Schedule is on file in the Village offices.
The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible for the reimbursement of consultant fees as set forth in this chapter. Where the owner and applicant are different, the applicant shall provide the written consent of all owners of the subject real property acknowledging joint and several responsibility for reimbursement of consultant fees.
Each distinct application which has been duly filed and for which an application fee has been paid shall include up to one hour of consultant fees which will be borne by the Village and will not be required to be reimbursed by the applicant.
No application or permit approvals shall be issued unless the applicant is in compliance with this chapter.
There may be an instance where consultant fees have been incurred by the Village but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the subject Village board(s) is ready for approval of an application or permit. In such case, the subject Village board(s) may condition approval on compliance with this chapter prior to issuance of any building permit associated with such application.
In addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse consultant fees in accordance with this chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Village may seek recovery thereof in a court of competent jurisdiction.