Professional Fees

The Board of Trustees, the Planning Board, the Zoning Board of Appeals, and the Water Control Commission, in the review of any application presented to them, may refer such application to such planner, engineer, environmental expert, attorney or other professional as such Board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such professional. All proper charges shall be paid by the Village upon submission of a Village voucher. The applicant shall reimburse the Village for the costs of such professional review services upon receipt of a copy of the voucher or, at the discretion of the reviewing board, in accordance with § 178-2 of this chapter. 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 or any other Village law or regulation.

A. At the time of submission of any application, or during the review process, the reviewing board 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 for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village.

B. Where the Board of Trustees, Planning Board, Zoning Board of Appeals or Water Control Commission establishes an escrow account for an application, such reviewing board shall not be required to consider that application until the deposit required under this chapter has been made. [Amended 5-15-2006 by L.L. No. 7-2006]

C. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing board may suspend its review of the application.

D. A building permit or certificate of occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village.

E. After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit.

The provisions of this chapter shall also apply to the reimbursement of expenses incurred by the Village Board in connection with the appointment of an Environmental Compliance Consultant pursuant to Chapter 115 of this Code.

This chapter shall become effective upon its adoption and filing with the Secretary of State. This chapter shall be applicable to applications pending at the time it becomes effective, unless the reviewing board shall determine that its application would be impracticable or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, and where no other provision of the Village Code requires the payment of such fees, the reviewing board shall require an applicant to pay for fees only for services rendered after it shall have become effective.