§ 1-17Authority to establish fees.
§ 1-17.1Professional fees.
The Board of Trustees may from time to time establish by resolution the specific amounts of fees for any and all permits, licenses, rentals, inspections or services required or authorized to be performed by any local law, ordinance or resolution of the Village of Monticello.
Intent. The intent of this section is to reimburse the Village of Monticello for expenses incurred in connection with the review of applications made to the Building Department, Planning Board, the Zoning Board of Appeals, or any other Village agency or department. The Planning Board, Zoning Board of Appeals, the Village Building Department and any other Village agency or department of the Village of Monticello are hereby empowered to charge an applicant the expense for professional fees which are incurred as a result of professional work required to be done on behalf of either of said boards, agencies or Building Department as a result of the filing of an application seeking approval by it.
Professional fees. Such professional services shall include, but not be limited to, architects, attorneys (including, but not limited to, services provided by the Attorney for the Village), engineers, planning consultants, and traffic consultants for services rendered in connection with the above.
The professional involved, who will be hired at the request of either of the above said boards, agencies or Building Department, will submit a statement setting forth the nature of services performed, the date such services were rendered, the time spent therein (if such services are rendered on a time basis) and the name of the party rendering such services. A voucher or other bill rendered to the Village and paid by the Village shall be deemed a fee statement in full compliance with this § 1-17.1.
Payment of the fee by the applicant shall be a prerequisite for approval of the application but shall be paid regardless of whether approval is granted or not. If the relief sought by the applicant is granted but the fee(s) is not paid, the issuing authority can revoke its action ex parte and afterward notify the applicant for the same of said revocation and that the relief sought will not be regranted until the fees are paid. The boards, agencies or Building Department may also establish an escrow account to cover said expenses and require the applicant to make payments to said escrow account to cover such anticipated payments.
If payment is by check, payment is not considered final until the check clears the bank of the drawer.
Disputed fees. Any applicant who disputes any fee statement presented to him or her may bring a proceeding in the Supreme Court of the State of New York, in and for the County of Sullivan, pursuant to Article 78 of the Civil Practice Laws and Rules of New York, within 30 days after presentation of such disputed fee statement. The commencement of such a proceeding shall not stay the obligation of the applicant to pay any fee statement presented to him or her pursuant to this section.