[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.Â
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.Â
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.Â
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.Â
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.Â
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.
