[L.L. No. 1-2006, § 3]
(a)
LAND USE PERMIT
REVIEWER
As used in this article, the following terms shall have the following
meanings:
Any governmental permit or approval required by this Code
or other applicable law, rule or regulation concerning the use of
real property, including but not limited to site plan approval, subdivision
approval, zoning amendment, other local law change, special permit,
use variance, area variance, interpretation, change of use permit,
certificate of legal nonconformity, building permit or other land
use permit application or appeal.
Any governmental council, board, commission, committee or
other body or any official which has the jurisdiction, authority,
or duty to make a determination as to the approval or disapproval
of an application for a land use permit.
(b)
This article shall apply to all land use permit applications pending
before any reviewer at the time that this article is filed with the
Secretary of State. All professional review fees incurred by the City
after such date shall be paid as provided herein.
(c)
This article shall not apply to land use permit applications concerning
one-, two- or three-family residential uses.
(d)
An applicant for a land use permit may be required by the reviewer
to bear the expenses incurred in obtaining the services of professional
consultants required by the reviewer during the consideration of such
land use permit application.
(e)
The review expenses provided for herein are in addition to application
or administrative fees required pursuant to any other provisions of
this chapter or Code or any other law, rule or regulation. Money deposited
by applicants pursuant to this section shall not be used to offset
the City's general expenses of professional services for the several
boards of the City or its general administrative expenses. The review
and escrow requirements governed by this section shall include environmental
review pursuant to SEQRA.
[L.L. No. 1-2006, § 3]
(a)
In connection with any land use permit application, the reviewer
to whom such application is made may, in addition to the requirements
of SEQRA and inspections, and at any time during the pendency of such
application, require an applicant to deposit an initial sum of money
into an escrow account in advance of the review or continuation of
the review of the application. No application shall be deemed to be
complete unless and until such deposit is made.
(b)
The applicant shall be required to deliver such amount as is determined
appropriate by the reviewer, as provided herein, to the City for deposit
by the Commissioner of Finance in a non-interest-bearing escrow account
maintained by the City of Poughkeepsie for custody of funds collected
pursuant to this section. Said escrow deposit must be paid prior to
the consideration of the application by the reviewer, or prior to
the continuation of such consideration.
(c)
Upon completion of the review of an application or upon the withdrawal
of an application, and after all fees already incurred by the City
have been paid and deducted from the escrow account, any balance remaining
in the escrow account shall be refunded within 30 days after the applicant's
request.
[L.L. No. 1-2006, § 3]
The escrow fund amount shall be based on the estimated cost
to the City of professional review of the particular type of application
before it. The reviewer may consider the professional review expenses
incurred by neighboring municipalities in reviewing similar applications.
The reviewer may also consider available surveys of professional review
expenses in determining the initial sum of money to be deposited in
an escrow account by the applicant. For the purpose of this article,
professional review services shall be defined as, but not limited
to, those services provided by stenographers, engineers, lawyers,
architects, landscape designers, certified surveyors, property appraisers,
planners and related professionals.
[L.L. No. 1-2006, § 3]
If at any time during the processing of a land use permit application
there shall be insufficient funds on hand to the credit of an applicant
to pay the professional review expenses in full, or if it shall reasonably
appear to the reviewer that such funds will be insufficient to meet
professional review expenses yet to be incurred, the reviewer shall
require the applicant to deposit such additional sums as the reviewer
deems necessary or advisable in order to meet such expenses or anticipated
expenses. Until such payment is made by the applicant, the reviewer
shall not continue to consider or review said application. No application
shall be deemed to be complete unless and until such additional deposit
is made.
[L.L. No. 1-2006, § 3]
(a)
Said escrow fund shall be used to pay the reasonable and necessary
costs of a proper and thorough professional review of the application.
(b)
The department head of the department having jurisdiction over the
reviewer shall review and audit all such vouchers and shall approve
payment of only such consultant charges as are reasonable in amount
and necessarily incurred in connection with the review and consideration
of applications. A charge or part thereof is reasonable in amount
if it bears a reasonable relationship to the average charge by consultants
to the City for services performed in connection with the review of
a similar application. In auditing the vouchers, the City may take
into consideration the size, type and number of buildings to be constructed,
the topography of the site at issue, environmental conditions at such
site, the infrastructure proposed in the application and any special
conditions the City may deem relevant. A charge or part thereof is
necessarily incurred if it was charged by the consultant for services
rendered in order to protect or promote the health, safety, or other
vital interests of the residents of the City, and protect public or
private property from damage. In no event shall any applicant make
direct payment to any City consultant.
(c)
Upon review and approval as provided herein of itemized vouchers
from professional consultants for services rendered on behalf of the
City regarding a particular application, the City shall cause such
vouchers to be paid out of the monies so deposited, and shall debit
the separate record of such account accordingly. The professional
consultant shall make copies of such vouchers available on request
to the applicant at the same time the vouchers are submitted to the
City.
[L.L. No. 1-2006, § 3]
(a)
In the event the applicant fails to deposit the required sum into
an escrow account or to replenish said escrow as required, any land
use permit application or approval shall be withheld or suspended
by the reviewer until such sum is deposited. No reviewer shall give
any approval conditioned on future payments to be made. Any costs
incurred by the City for professional services in processing a certificate
of occupancy shall be recovered as a fee before said certificate shall
be issued. No future application to any City council, commission,
committee, board or officer shall be accepted, nor shall any City
permit or certificate be issued, if said applicant has outstanding
any fees due the City from any previous land use permit applications.
(b)
Any expenses for professional review fees incurred by the City in
connection with a land use permit application shall be a charge against
the real property which was the subject of the application and shall
be a lien against such real property and shall be collected in the
same manner as real property taxes in accordance with the provisions
of Section 14.32 of the Administrative Code.
(c)
In the event of either a site plan or a subdivision plat approved by the Planning Board pursuant to the General City Law, this chapter, or Chapter 6 of this Code, the Planning Board Chairman shall not affix his or her signature to such site plan or subdivision plan until all outstanding professional review expenses have been paid by the applicant.
