[Added 6-17-2004 by L.L. No. 5-2004]
[Amended 3-22-2010 by L.L. No. 1-2011]
A.
In every application to an officer, official, department, agency
or board of the Village of Greenport for an action or approval by
the Village related to the development, occupancy or use of a property
or premises in the Village of Greenport, upon the filing of the application,
the applicant shall be responsible for all consulting fees incurred
by the Village of Greenport for the services of any consultants or
engineers that are retained by the Village of Greenport with regard
to that application for services related but not limited to engineering,
environmental, legal, planning and traffic.
B.
In every application to an officer, official, department, agency
or board of the Village of Greenport for an action or approval by
the Village related to the development, occupancy, or use of a property
or premises in the Village of Greenport, upon the filing of the application,
the applicant shall be responsible to deposit with the Village Clerk
an amount of money to be held by the Village of Greenport in escrow
for the purpose of reimbursing the Village of Greenport for the costs
that are incurred by the Village of Greenport for the services of
any consultants, including but not limited to engineering, environmental,
legal, planning and traffic, that are retained by the Village of Greenport
in the review and/or processing of that application and the completion
of environmental assessment and other required forms.
C.
The Village Administrator of the Village of Greenport shall be responsible
to compute the initial escrow deposit that is paid to the Village
of Greenport for consulting fees for an application pursuant to this
section. In the calculation of the deposit required for consulting
fees, the Village Administrator shall rely on written estimates provided
by the consultants to be retained or that the Village of Greenport
is considering retaining for the work that is involved for that consultant.
D.
The Village Clerk shall place each deposit that is made to the Village
of Greenport by an applicant pursuant to this section in a separate
non-interest-bearing account.
E.
Any application to an officer, official, department, agency or board
of the Village of Greenport for which a deposit for consulting fees
is required shall not be considered to have been filed with the Village
of Greenport, no review of the application shall be undertaken by
the Village of Greenport or its consultants and no hearing on the
application shall be scheduled by the Village of Greenport until the
amount that is required to be paid into escrow for consulting fees
shall have been deposited by the applicant with the Village Clerk.
F.
In the event that the amount that is being held in escrow by the
Village of Greenport should be below 20% of the amount of the initial
escrow deposit, the Village of Greenport, on the recommendation or
request of the Village Administrator, may require that the applicant
pay additional monies to the Village of Greenport to be placed in
the escrow account to maintain the balance of the escrow account at
not less than 50% of the initial deposit amount.
G.
In the event that an application for which a deposit has been made
is formally withdrawn in writing or when the application process and
any judicial or other review of an application is completed, the balance
of funds, if any, in the escrow account for that application shall
be remitted to the applicant within 60 days of the final action by
the Village of Greenport. The applicant may request that the amount
in the escrow account shall remain on deposit with the Village of
Greenport as the applicant's initial payment towards any post-approval
fees for inspections or related matters.
H.
The applicant for any application to an officer, official, department,
agency or board of the Village of Greenport for which a deposit for
consulting fees is required shall be responsible for all the consulting
and engineering fees incurred by the Village of Greenport as provided
in this section, notwithstanding that the escrow account balance may
be insufficient to pay for said fees or expenses.
