[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 2-9-1993 by L.L. No. 1-1993 (Ch. 52 of the 1980 Code). Amendments noted where applicable.]
[Amended 9-8-2009 by L.L. No. 1-2009]
Upon submission of any application to the Planning Board of the Village of Valatie, to the Zoning Board of Appeals of the Village of Valatie or to the Village Board of Trustees of the Village of Valatie (hereinafter "reviewing board"), the reviewing board, at the first meeting at which the application shall be considered, or at such later time in the review process as may be necessary, shall determine whether it reasonably requires the services of an attorney, engineer or other professional in connection with its review and processing of the application. If so, the reviewing board shall confer with such consulting professionals in regard to the nature and amount of services anticipated to be provided, shall obtain an estimate of the fees which will be incurred by the reviewing board in respect thereto and shall then advise the applicant of the amount of such estimates. The application shall be deemed incomplete, and the reviewing board shall not proceed with any further review of the project, until such estimated amounts are paid to the Village of Valatie by the applicant. All fees charged shall be those customarily charged under the similar circumstances within the County of Columbia.
All amounts paid to the Village of Valatie by an applicant pursuant to § 142-1 shall be maintained in an escrow account and applied only to the payment of consulting fees incurred by the Planning Board with respect to review of that applicant's project.
[Amended 9-8-2009 by L.L. No. 1-2009]
No reviewing board shall undertake or continue any review until the required amounts have been paid into the escrow fund as herein provided. Failure by an applicant to pay into the escrow fund any estimated consulting fees within 30 days of the date of the meeting at which the estimates are provided shall be grounds for the board to deny any application.
[Amended 9-8-2009 by L.L. No. 1-2009]
The consultants hired by the reviewing board shall submit itemized statements for the services to the Village from time to time and a final statement within 10 business days of the date of the meeting at which the board takes final action on the application, which statements shall be paid from the escrow funds. No consultant shall perform any services the charges for which shall exceed the amounts estimated. A consultant from time to time may provide revised estimates in the event that it appears to the consultant that the original estimate will be insufficient to reimburse the full amount of the charges. Upon acceptance by the reviewing board of such revised estimate, the applicant shall deposit in such escrow account any additional amounts required pursuant to the revised estimate of consulting charges.
[Amended 9-8-2009 by L.L. No. 1-2009]
Before final approval by the reviewing board, the reviewing board shall determine that all engineering, legal and other consulting charges incurred in connection with its review of such application have been submitted by the consultants and the amounts paid into escrow by the applicant are sufficient therefor. Upon final action by the reviewing board and after payment of the final statements of all consultants, any unexpended funds paid by that applicant which remain in the escrow account shall be returned to that applicant.