[HISTORY: Adopted by the City Council of the City of Rye 9-15-2010 by L.L. No. 7-2010. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 87, Environmental quality review, adopted 8-15-1979 by L.L. No. 2-1979, as amended.
Upon any application to the City, the Planning Commission, the Planning Commissioner, the Board of Appeals, the Architectural Review Board, the Building Inspector, the City Engineer, or other employee or official ("boards, commissions and employees"), subject to the provisions of this section, may require the applicant to deposit with the City, pursuant to an escrow agreement in a form that shall be approved by the Corporation Counsel, funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation in connection with the review of any application.
Any City boards, commissions or employees involved in the review of any application may refer such application to such engineering, planning, legal, technical or environmental consultant or other professional hereinafter referred to as "consultant or consultants," as they deem reasonably necessary to enable it to review such application as required by law, provided that the required expertise is not available from City staff, and subject to the following:
The consultant(s) shall send to the City a detailed statement of the consulting services ("statement") to be provided by the consultant(s) and it shall include the consultant's fees for said services with an acknowledgement by the consultant(s) that the applicant, not the City, shall be ultimately responsible to the consultant(s) for the services provided. A copy of the statement shall be sent to the applicant by the City.
Upon approval by the applicant of the fees and services proposed, the applicant shall deposit a sufficient sum to cover said fees, subject to the conditions set forth in the signed escrow agreement with the City Comptroller. When said amount is diminished to 50% of the original amount, the applicant will be asked to replenish the escrow with funds sufficient to bring the account back to the level of the original amount. Excess funds are to be returned to the applicant as soon as is practicable following the application and approval/denial process.
If the applicant wishes to review the services and the costs with the City boards, commissions or employees, the request for a review shall be in writing and mailed to the City Clerk by certified mail, return receipt requested, or delivered in person, within seven days of the applicant's receipt of the service and cost statement.
The boards, commissions or employees shall authorize the consultant to proceed within seven days of receipt of the funds by the City Comptroller. All details related to the kind and manner of payment shall be in the discretion of the City Comptroller.
Nothing contained herein or in the escrow agreement shall be deemed as an indication or obligation by the City to approve the application or grant its approval. The escrow arrangement shall be for the benefit of the applicant to facilitate the review process and provide the City with the necessary expertise where the City does not have such expertise. The applicant, in the escrow agreement shall hold the City of Rye and all of the relevant boards, commissions and/or employees harmless.
Payment of the consultant(s)' fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other City law or regulation.
No final action on an application or permit shall be taken and/or issued until all consultant's fees charged in connection with the review of the applicant's project have been paid.