A.
Application fees. All nonrefundable application fees shall be in
an amount set forth in a fee schedule established, and as amended,
from time to time by resolution of the Village of Brewster Board of
Trustees. No fee shall be required of the Village for Village projects.
B.
Reimbursement of professional review fees. The Board of Trustees, the Planning Board, and the Zoning Board of Appeals, as the approving agencies, in the review of any application presented to them, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such individuals shall be in accordance with a contractual agreement between the Village and such professional. All such charges shall be paid by the Village upon submission of a Village voucher. The applicant shall reimburse the Village for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the approving agency, in accordance with § 263-36C herein concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter of any other Village law, ordinance or regulation.
C.
Escrow account procedures. At the time of submission of any application
to, and prior to the review of the Board of Trustees, the Planning
Board or the Zoning Board of Appeals, the approving agency may require
the establishment of an escrow account, from which withdrawals shall
be made to reimburse the Village for the cost of professional review
services. The applicant shall then provide funds to the Village in
two separate installments for deposit into such account in an amount
to be determined by the approving agency based on its evaluation of
the nature and complexity of the application. To cover the costs of
the initial review of the application, a deposit shall be made in
accordance with the initial escrow account deposit schedule adopted
by the approving agency. After the preliminary review, the applicant
shall provide additional funds to the Village for deposit into the
escrow account in an amount to be established by the approving agency
as the full escrow deposit based upon estimates of the total anticipated
review costs provided by the consultants to the approving agency and
the applicant. Said estimates are for the convenience of the applicant
and shall not be binding upon the approving agency. The applicant
shall be provided with copies of any Village voucher for such services
as they are submitted to the Village. The balance of the escrow account
shall be maintained in accordance with the fee schedule established,
and as amended, from time to time by resolution of the Village of
Brewster Board of Trustees. If such account is not replenished in
accordance therewith within 20 days after the applicant is notified
in writing of the requirement for such additional deposit, the approving
agency may suspend its review of the application, and any time frames
to which the approving agency is bound, with regard to making a determination,
shall be deemed to have been waived by the applicant. A building permit
or certificate of occupancy or use shall not be issued unless all
professional review fees charged in connection with the applicant's
project have been reimbursed to the Village. After all pertinent charges
have been paid, the Village shall refund to the applicant any funds
remaining on deposit. If any outstanding balance is owed to the Village
of Brewster for professional review services, the applicant shall
be ineligible to receive any Planning Board, Zoning Board of Appeals,
or Board of Trustees approval, or any building permit or certificate
of occupancy relative to the subject property.
D.
SEQR fee and escrow. When an action is subject to a positive declaration
and involves an applicant, the approving agency may charge a fee to
the applicant in order to recover the actual costs of either preparing
or reviewing the draft and/or final environmental impact statement
and as otherwise provided for in SEQR, 6 NYCRR Part 617. Any part
of such fee collected by an approving agency and not used for such
purposes shall be returned to the applicant.
(1)
The approving agency may require the establishment of a SEQR escrow
account, from which withdrawals shall be made to reimburse the Village
for the cost of professional review services determined to be necessary
in connection with the environmental review of an applicant's proposed
action.
(2)
If the establishment of a SEQR escrow account is required, the applicant
shall provide funds to the Village for deposit into such account,
in an amount to be determined by the approving agency based on its
evaluation of the nature and complexity of the proposed action. The
applicant shall be provided with copies of any Village voucher for
such services as they are submitted to the Village. The balance of
the escrow account shall be maintained in accordance with the fee
schedule established, and as amended, from time to time by resolution
of the Village of Brewster Board of Trustees. If such account is not
replenished in accordance therewith within 20 days after the applicant
is notified in writing of the requirement for such additional deposit,
the approving agency may suspend the environmental review process,
and any time frames to which the approving agency is bound, with regard
to making a determination, shall be deemed to have been waived by
the applicant.
(3)
The total amount of such fee shall not exceed that as set forth in
SEQR, 6 NYCRR Part 617, as may be amended from time to time.
(4)
No building permit or certificate of occupancy or use shall be issued
unless all professional review fees charged in connection with an
applicant's project have been reimbursed to the Village.
E.
Collection of fees. All required fees shall be collected by the Treasurer
of the Village of Brewster.
