[Adopted 3-1-1993 by L.L. 4-1993]
This article shall be known and referred to
as the "Reimbursement of Professional Fees Law of the Village of Airmont".
The intent of this article is to reimburse the
Village of Airmont 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.
[Amended 3-5-1997 by L.L. 3-1997; 6-5-2022 by Res. No. 22-4833]
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. With regard to applications to the
Zoning Board of Appeals for variances, the Village Board for zone
change applications and the Planning Board for major subdivisions
and site plan, the respective Board or CDRC, as the case may be, shall
set an amount, in consultation with the Village Engineer, Planner
and Attorney to be placed in an escrow account to be maintained by
the Village for the purpose of paying the fee statements of the Village
professionals in connection with the review of the application. In
the event that the escrow account is subsequently reduced to an amount
below $500, the Boards shall require the applicant to replenish the
account in an amount to be determined by the respective Board. Applicants
before the respective Boards for other relief shall pay the fee statements
for Village professionals within 30 days of presentation. All applicants
shall be presented with a fee statement or statements for such review
and/or payment on a periodic basis or upon request.
[Amended 6-5-2022 by Res. No. 22-4833]
Such professional services shall include, but not be limited to, planning consultants, engineer, architects, attorneys and traffic consultants for services rendered in connection with the review of applications for relief as set forth in § 106-17 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.
[Amended 6-5-2022 by Res. No. 22-4833]
Presentation of such statements shall be deemed
complete when mailed by the Village to the applicant's designated
representative.
[Amended 6-5-2022 by Res. No. 22-4833]
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 § 106-17 hereof.
[Amended 6-5-2022 by Res. No. 22-4833]
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.
[Amended 6-5-2022 by Res. No. 22-4833]
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.
[Amended 6-5-2022 by Res. No. 22-4833]
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.
