[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-21-2008 by L.L. No. 7-2008]
The Board of Trustees hereby finds the Village
incurs significant expenses related to professional consultants' review
of certain applications before the Board of Trustees, Planning Board,
Zoning Board of Appeals and Architectural and Historic Review Board,
including but not limited to those regarding site plans, special permits,
subdivisions, lot line modifications, variances, architectural review
and other or similar or related procedures. The professional consultant
review is necessary to promote the general health, safety and welfare
and to carry out the enabling authority provided by the New York Legislature
and implemented in the Village Code. The Village has the authority
to submit any application(s) which may come before it to professional
consultants, such as an engineer, environmental expert, planner and/or
other professional consultant(s), as it may deem necessary to enable
it to review such application(s), and the applicant(s) should reimburse
the Village for the cost thereof. The costs of such professional review
involves activities and services beyond the routine processing of
these types of applications. All routine processing costs, including
mailing and publication of general meeting notices, stenographic public
hearing transcripts and standard Building Department review are covered
by and limited to the stated application fees fixed by resolution
of the Board of Trustees from time to time. Recovery of the costs
of professional consultants is limited to the instances set forth
herein.
A.
The Village board reviewing a given application and/or
other or similar matter may, in review of any application which may
come before it, refer such application presented to it to an engineer,
coastal erosion and/or coastal processes consultant, environmental
expert, planner or other professional consultant as the reviewing
board shall deem reasonably necessary to enable it to review such
application. Fees charged for any such professional shall be in accord
with fees usually charged for such services in the eastern Suffolk
County area and pursuant to a contractual agreement between the Village
and such professional consultant.
[Amended 6-17-2013 by L.L. No. 5-2013]
B.
The Village Clerk shall review any such fees for professional
consultant services prior to the assessment of any such fees as a
charge reimbursable by an applicant. Applicants shall not be charged
for fees for services rendered by professional consultants retained
by the Village which relate to tasks performed for the mere convenience
of the reviewing board such as mere attendance by the Village Engineer
at any regular public meetings of the Planning Board or the Zoning
Board of Appeals, except that in the case of specific review of a
particular application and except that in the case of a special public
or other meeting for the purpose of reviewing a particular application
consultant fees shall be recovered. Upon request, the applicant shall
be provided with copies of any voucher for such professional consultant
review services as submitted to the Village. The applicant shall reimburse
the Village for the cost of such professional consultant review services
in accordance with the procedures described below. The payment of
such fees shall be a condition of any approval and shall be set forth
in any resolution of approval and shall be required in addition to
any and all other fees required in connection with the review of the
application as set forth in any chapter of the Village Code or any
Village fee schedule. An applicant may direct any questions relating
to fees for reimbursement of professional consultant services to the
Village Clerk, who may refer the matter to the reviewing board.
C.
Proof of payment of all professional consultant review
fees shall be obtained by the applicant from the Village Treasurer
and presented to the clerk of the reviewing board having jurisdiction
over the application. No building permit or certificate of occupancy
shall be issued nor shall any use or work be authorized under any
resolution of approval unless all professional review fees charged
in connection with the applicant's project have been reimbursed to
the Village.
D.
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 whenever possible
in order to minimize the cost of such consultant's reports to the
applicant.
A.
At the time of submission of any application which
may come before it, an initial deposit shall be required as may be
set forth by the Board of Trustees in a Village fee schedule, which
may be amended from time to time, or if no such fee schedule or fee
schedule item exists for such application and/or other or similar
matter, the applicant shall deposit such sum as is deemed necessary
by the reviewing board based on its evaluation of the nature and complexity
of the application. This deposit with the Village shall be used as
an advance against which withdrawals shall be made to reimburse the
Village for the cost of professional consultant review services and
the cost of publication of any special meeting notice and/or any special
meeting stenographic service and/or any other special review costs
actually incurred incident to a particular application. No application
shall be considered complete for review purposes until said deposit
is made in accordance herewith.
B.
The Village shall provide applicants with periodic
statements indicating the cost of professional consultant review services
and other costs paid out of the initial deposit or owing in the event
the initial deposit has been depleted. If an initial deposit amount
is depleted, the reviewing board may suspend its review of the application
if any outstanding fees are not paid by the applicant within 30 days
of issuance of a request for additional payment. The Board of Trustees,
Planning Board, Zoning Board of Appeals and Architectural and Historic
Review Board shall not be obligated to comply with any time periods
for review of site plans, special permits, subdivisions, lot line
modifications, variances, architectural review and other or similar
applications pursuant to state and/or local law if the applicant fails
timely to pay the fees as aforesaid. Any such time periods shall begin
to accrue again upon receipt of required payment.
C.
After all pertinent charges have been paid, and upon
final approval or denial by the reviewing board or formal withdrawal
of the application by the applicant, the Village shall refund to the
applicant any funds remaining on deposit. Any such refund shall be
made as soon as the Village is reasonably able to do so.
All fees required pursuant to this article shall
be collected by the Village Clerk or the clerk of the reviewing board
who shall promptly forward same to the Village Clerk for recording
by the Village Treasurer.
In the event that any fees or deposits established in this article create an economic or other hardship, application may be made to the Board of Trustees which is hereby authorized to modify such fee and/or deposit, in its legislative discretion, after appropriate public hearing, excepting no such recovery of costs imposed under Village Code § 64-9 may be waived or modified.
This article is hereby adopted pursuant to Municipal
Home Rule Law § 10(1)(i) and (ii)(a)(14) and Statute of
Local Governments § 10(6). It is the intent of the Board
of Trustees, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3),
to supersede any laws incorporating relevant time limits and any inconsistent
provision of Article 7 of the Village Law, §§ 7-706,
7-712, 7-712-a, 7-712-b, 7-725-a, 7-725-b, 7-728, 7-730, 7-732, 7-734,
7-736 and 7-738 as well as the Village Code in relationship to which
and to the extent to which such provisions set forth specified time
frames for certain reviewing board action.
