Village of Montebello, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-13-1988 by L.L. No. 15-1988. Amendments noted where applicable.]
[Amended 7-21-2010 by L.L. No. 1-2010]
A. 
In performing reviews of applications or petitions for site plan, subdivision, special permits, variances and amendments to the Zoning Chapter, the Planning Board, Zoning Board of Appeals, and the Board of Trustees may refer such applications to such engineering, legal, technical, planning or environmental consultants as it may deem reasonably necessary to review such applications. If such referral by the Planning Board or the Zoning Board of Appeals is to a person or organization with whom the Village does not have a current agreement for the provision of services, then such referral shall be subject to the approval of the Board of Trustees.
[Amended 10-23-1991 by L.L. No. 3-1991; 7-21-2010 by L.L. No. 1-2010]
A. 
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. The applicant shall be presented with a fee statement or statements for such review on a periodic basis. Such statements shall be due and payable upon presentation thereof.
B. 
The foregoing notwithstanding, an applicant shall not be required to reimburse the Village for legal review fees paid by the Village in connection with an application for relief made to the Zoning Board of Appeals with respect to reimbursable legal review fees. Where reimbursable, such legal fees shall not exceed so much as reasonably necessary to accomplish the regulatory purpose and shall bear a reasonable relationship to what would ordinarily be expected to be incurred on the average for an application of the type under consideration, taking into account any unique aspects of the application or problems encountered.
[Amended 10-23-1991 by L.L. No. 3-1991]
Such professional services shall be limited to those customarily rendered in the County of Rockland, State of New York, in connection with the review of applications for relief as set forth in § 65-1 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 vendors in the County of Rockland, State of New York.
[Amended 10-23-1991 by L.L. No. 3-1991]
Presentation of such statements shall be deemed complete when mailed by the Village to the applicant's designated representative.
[Amended 10-23-1991 by L.L. No. 3-1991]
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 § 65-3 hereof.
[Amended 10-23-1991 by L.L. No. 3-1991]
Any applicant who disputes any fee statement presented to him pursuant to this chapter 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 chapter.
[Amended 10-23-1991 by L.L. No. 3-1991]
Any fee statement which remains unpaid, whether arising under this chapter, or said chapter as amended hereby, or from time to time, 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 Clerk-Treasurer shall distribute such levy equally among each such tax lot without regard to assessed value or any other factor.
[Amended 10-23-1991 by L.L. No. 3-1991]
An application for approval, or for any intermediate approval process, or for any action covered by this chapter 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 Clerk-Treasurer.
Final approval of any application shall not be granted nor shall any building permit, certificate of occupancy be granted, nor shall any map or plot be signed or released for filing, if an applicant is delinquent in making any payment required by this chapter.
[Amended 8-17-2005 by L.L. No. 6-2005]
A. 
Whenever public improvements are installed by a developer or property owner, the Village may require the developer or property owner to pay to the Village an inspection fee in accordance with the Standard Schedule of Fees for the cost of engineering or construction inspections and/or laboratory analysis. For the purpose of this chapter, the term "public improvements" includes, but is not limited to, roads, sidewalks, plazas, utilities, drainage systems, water mains, sewage mains or treatment facilities, and landscaping, whether or not such improvements are to be publicly owned. In the case of subdivisions and site development plans, such fees shall be paid at the time required by the regulations governing subdivisions and site development plans, respectively. In all other cases such fees shall be paid prior to the issuance of a building permit or, if incurred after the issuance of a building permit, then prior to the issuance of a certificate of occupancy. Any portion of the fee not so utilized, except for any portion of said fee designated as the Village's administrative costs or expenses, shall be returned to the applicant.
B. 
Notwithstanding the foregoing, upon a finding by the Village Engineer that the anticipated inspection costs were exceeded due to the negligence, inefficiency or wrongful acts of the developer or property owner or to unanticipated conditions of a significant nature, additional inspection costs, in accordance with the Standard Schedule of Fees, shall be payable by the developer or property owner to the Village. In addition, the developer shall pay any premium costs for engineering and inspection service requested by the developer or any contractor outside the regular Village working hours. In the event that the Village Engineer believes that such additional fees are warranted, he shall give written notice of same to the Village and developer or property owner within 30 days of discovery of such reason for such additional fees, together with a full explanation thereof. Should the developer or property owner disagree with the reasons given by the Village Engineer for changing such additional fees, the Mayor, Village Clerk/Treasurer and Village Attorney or Assistant Village Attorney will attempt to resolve same. The issue may be presented to the Village Board for a final determination should a disagreement persist. Additional inspection fees pursuant to this subsection are separately paid and shall not act as a drawdown of any amount on deposit with the Village or its agencies for any other purpose.
This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.