Referral; charges; reimbursement by applicant; report.
The Village Board, the Planning Board or the Zoning Board of Appeals, in the
review of any application, may refer any such application presented to it
to such engineering, planning, legal, technical or environmental consultant,
or professional(s) employed by the village, as such Board shall deem reasonably
necessary to enable it to review such application as required by law. Charges
made by such consultants shall be in accord with charges usually made for
such services in the metropolitan New York region or pursuant to an existing
contractual agreement between the village and such consultant. Charges made
by the village shall be in accord with the hourly rates upon which the employee's
actual salary is based and fringe benefits and reasonable overhead. All such
charges shall be paid on submission of a village voucher. The applicant shall
reimburse the village for the cost of such consultant services upon submission
of a copy of the voucher. In the event that an application is required to
be reviewed by more than one board, then, in such event and to the extent
practicable, both boards shall use the same consultant who shall, in such
case and to the extent practicable, prepare one report providing data, information
and recommendations requested. In all instances, duplications of consultants'
reports or services shall be avoided wherever possible in order to minimize
the cost of such consultants' reports or services to the applicant. The
above fees are in addition to any and all other fees required by any other
section of this chapter, any other village ordinance or regulation or the
Village Code.
Escrow account. At the time of submission of any application,
or thereafter, the reviewing board may require the establishment of an escrow
account from which withdrawals shall be made to reimburse the village for
the costs of professional review services. The applicant shall then provide
funds to the village for deposit into such account in an amount to be determined
by the reviewing board based on its evaluation of the nature and complexity
of the application. The applicant shall be provided with copies of any village
voucher for such services as they are submitted to the village. When the balance
in such escrow account is reduced to 1/3 of its initial amount, the applicant
shall deposit additional funds into such account to bring its balance up to
the amount of the initial deposit. If such account is not replenished within
30 days after the applicant is notified, in writing, of the requirement for
such additional deposit, the reviewing board may suspend its review of the
application. A building permit or certificate of occupancy or use shall not
be issued unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the village. After all pertinent
charges have been paid, the village shall refund to the applicant any funds
remaining on deposit.
Applicability. This chapter shall be applicable to applications
pending at the time it shall become effective, unless the reviewing board
shall determine that its application would be impracticable, unfair or unjust
in the particular circumstances. Where this chapter shall be applicable to
a pending application, it shall, in such event, require an applicant only
to pay for professional fees for services rendered after it shall have become
effective.
This chapter shall take effect immediately upon filing in the Office
of the Secretary of State.