[Amended 11-25-2024 by L.L. No. 4-2024]
A. 
Purpose. Due to the complexity of various applications for land use and development applications, as well as appeals, the City routinely engages professional consultants and legal counsel to ensure the timely and thorough review of such applications, including but not limited to applications for subdivisions approval, site plan approval, special permits, variances, and environmental impacts and permits. This article hereby establishes the authority for the Common Council to impose and collect such professional consulting and legal fees as may be reasonable and necessary for the City to ably discharge its regulatory and environmental duties under applicable law in review of such applications and appeals.
B. 
Professional review fees.
(1) 
The Common Council, the Planning Commission, the Zoning Board of Appeals, the Historic and Landmarks Preservation Board, the Director of Planning and the Building Inspector, may retain the services of such professional consultants as deemed necessary to provide for the timely and thorough review of any application or appeal which comes before it. In such instances, the applicant shall reimburse the City for all reasonable and necessary fees and expenses incurred by the City for such services, in addition to any other fee that may be payable in connection with such matters.
(2) 
The City Comptroller, with the advice and recommendation of the Director of Planning, shall make payments to the City's professional consultants for the reimbursable costs of such consultant's review. Reimbursable costs shall be limited to those that are reasonable in amount and are necessary for the City's review and action on the application in accordance with law.
(a) 
Fees charged by such consultants shall be deemed reasonable when the fees are in accord with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the City and such consultant.
(b) 
Such consulting charges shall be deemed necessarily incurred when the underlying services were performed to protect or promote the health, safety or other interests of the residents of the City, including without limitation, services to assure the timely and thorough review of potential adverse environmental impacts; to protect neighboring properties from excessive surface water runoff, nuisance or other harmful impact; to assure the proper and timely construction of roads, drainage facilities, utilities, sidewalks and public spaces; to assure or assist in compliance with laws, regulations, standards or codes which govern land use and development; to protect the legal interests of the City, including receipt by the City of good and proper title to dedicated roads and other facilities and the avoidance of claims and liability; and to protect such other interests as the City may deem relevant based upon any of the features, conditions or considerations associated with the application or appeal under review.
C. 
Upon request, the City shall supply the applicant with copies of the invoices it receives from its professional consultants.
D. 
No permit, special permit, building permit, certificate of appropriateness, and certificate of occupancy shall be issued, no site plans or subdivision plat shall be signed, nor shall any use or work be authorized under any resolution of approval unless all professional consultant review fees charged in connection with the applicant's application and project have been fully reimbursed to the City.
E. 
In the event that an application is required to be reviewed by more than one reviewing board, then in such event and to the extent applicable, each such reviewing board shall use the same consultant who shall in such case prepare one report providing the data, information and recommendations requested. In all instances, duplication of consultant's reports shall be avoided wherever possible in order to minimize the cost of such consultant's reports to the applicant.
A. 
Escrow accounts. The reviewing board, the Director of Planning and/or the Building Inspector may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the City for the cost of professional consultant review fees and professional staff services, including but not limited to planning, engineering, environmental and legal expenses actually incurred by the City. All costs charged to the applicant shall be those reasonable and necessary to the decision-making function of the reviewing board as defined in § 275-19B(2) above. The applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the reviewing board, the Director of Planning or the Building Inspector based upon an evaluation of the nature and complexity of the application. The establishment, increase, or deposit into an escrow account may be required at any stage in the application process, including, but not limited to, preapplication discussions with the applicant. When the balance in such escrow account is reduced to 1/3 of the 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, the Director of Planning, and/or Building Inspector may suspend review of the application. A building permit or certificate of occupancy or use shall not be issued to an applicant unless all costs have been fully reimbursed to the City. Any remaining balance in the escrow account shall be returned to the applicant when no further reasonable and necessary fees are anticipated to be incurred by the professional consultant.
B. 
Flat fee. Notwithstanding anything in this article to the contrary, the reviewing board, the Director of Planning, and/or the Building Inspector, may, in lieu of an escrow account, require an applicant to pay a flat fee to reimburse the review costs incurred by the City. The flat fee shall be established by the Director of Planning and be reasonable and necessary to the decisionmaking function of the reviewing board and/or official. Payment of a flat fee shall not preclude the reviewing board, the Director of Planning, and/or the Building Inspector from requiring additional funds and/or the establishment of an escrow account thereafter, as provided in this article.
C. 
Nonpayment of fees.
(1) 
The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible to reimburse the City for funds expended to compensate for services rendered to the City 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 article, for professional and legal consulting fees incurred by the City. The applicant and the owner shall remain responsible to reimburse the City for its consulting expenses notwithstanding that the escrow account may be insufficient to cover such expenses.
(2) 
In the event an applicant, or owner pursuant to Subsection C(1) above, fails to reimburse the City for any fee charged under this article, the following shall apply:
(a) 
Any fee imposed pursuant to this article that remains unpaid shall become a lien against the real property for which the application was filed if not paid within 30 days of written demand. Such unreimbursed fees, including, but not limited to, application fees and professional review fees, shall thereupon be levied against the said premises in the same manner as a tax on real property, in addition to all other taxes, fees, rents or charges that would otherwise be so levied. In the event an application is filed in connection with more than one tax lot, then the City Assessor shall distribute such levy equally among each such tax lot without regard to assessed value or any other factor.
(b) 
The City may, in the alternative to Subsection C(2)(a) above, seek recovery of unreimbursed consultant fees charged under this article by commencing an action in a court of competent jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the City in prosecuting such action.