[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-21-2014 by L.L. No. 3-2014[1]]
[1]
Editor's Note: This local law repealed former Art. I,
Review of Zoning and Planning Applications, adopted 2-12-1986 by L.L.
No. 1-1986 (Ch. 46 of the 1977 Code).
The Village Board of Trustees desires to establish a system
for the reimbursement of fees and expenses incurred by the Village
in connection with applications before the Village of Hillburn Board
of Trustees, Planning Board, Zoning Board of Appeals, and any other
Village agency or department, including, but not limited to, engineering,
technical, planning, environmental or legal consultants. The cost
of such consultants should ultimately be paid by those who seek approvals
from the Village, rather than Village taxpayers.
This article is enacted under the authority of Municipal Home
Rule Law § 10, Subdivision 1(ii), and Municipal Home Rule
Law § 22. To the extent Village Law Article 7 does not authorize
the Village to require the reimbursement to the Village for its consultants'
expenses incurred by the Village in connection with the review and
consideration of projects, it is the expressed intent of the Village
Board of Trustees to change and supersede such statutes. More particularly,
such statutes do not authorize the deferral or withholding approvals
in the event such expenses are not reimbursed. It is the express intent
of the Village Board of Trustees to change and supersede Village Law
Article 7 to empower the Village to require such payments as a condition
of such approvals.
The Village Board of Trustees may adopt a schedule of fees for
the various permits and applications contemplated under the Village
of Hillburn Village Code by resolution, unless the Village Code states
otherwise.
In addition to the application fees required to be paid by an
applicant pursuant to the Village of Hillburn schedule of fees, the
applicant shall make and maintain an escrow deposit according to the
schedule of fees. Every applicant shall execute and deliver an escrow
agreement acknowledging the obligations set forth herein.
The owner(s) of the subject real property, if different from
the applicant, shall be jointly and severally liable to reimburse
the Village of Hillburn for consultant fees.
The Village may make payments from the deposited escrowed funds
for consultant services after audit and approval by the Village Board
of Trustees of itemized vouchers for such services. The Village shall
supply copies of such vouchers to the applicant, appropriately redacted
where necessary to shield legally privileged communications between
Village officers and employees and the Village's consultants.
When an escrow account is depleted as set forth on the schedule
of escrow funds, the Village shall notify the applicant to deposit
additional sums into the escrow account. Notwithstanding the foregoing,
when it appears to the Village Clerk-Treasurer that pending or anticipated
vouchers will deplete the escrow account below the minimum permitted
levels set forth on the schedule of escrow funds, the Village shall
notify the applicant to deposit additional monies into the escrow
account in the same manner as if the actual balance in the escrow
account had fallen below minimum permitted levels set forth on the
schedule of escrow funds. Such additional escrow funds shall be deposited
prior to any further review of such application.
The Village Board of Trustees shall review and audit all vouchers
and shall approve payment only of such consulting expenses as are
reasonable in the amount and necessarily incurred by the Village in
connection with the review and consideration of any application, or
for the monitoring, inspection or enforcement of any permits or approvals
or the conditions attached thereto. For the purposes of such review
and audit, a fee shall be reasonable in amount if it bears a reasonable
relationship to the average charge by engineers, planners, attorneys
or other consultants to the Village for services performed in connection
with similar application or, if there are no similar projects within
the Village, then for similar projects located in Rockland and Orange
Counties and the surrounding area, to the extent that such similar
projects may exist. The Village Board of Trustees may take into consideration
the complexity, both legal and physical, of the proposed project,
including, without limitation, the size, type, and nature of the project,
number of buildings to be constructed, the amount of time to complete
the project, together with any special features, including, but not
limited to, the topography of the land on which such project is located,
environmental conditions and natural and cultural resources on and
surrounding the project site, soil conditions, surface water, drainage
conditions, the nature and extent of highways, drainage facilities,
utilities or parks to be constructed and such other considerations
as the Village Board of Trustees may deem relevant.
If an application requires approval from more than one agency
or department, the balance of funds remaining after approval by one
agency shall be retained until the subsequent agencies determine if
additional consultants will be required.
Upon the approval or withdrawal of an application, the Village
Treasurer shall refund the balance of the monies deposited with the
Village, together with a statement of fees paid from said account.
No application shall be placed on an agenda or otherwise reviewed
until all application fees and an initial escrow deposit are paid.
No building permit or certificate of occupancy shall be granted, nor
shall any map, site plan or plat be signed or released for filing,
until all fees and escrow deposits are paid as required by the Village
of Hillburn Code.
Whenever public improvements are installed by a developer or
property owner, the Village Engineer may require the developer or
property owner to pay a sum equal to 4% of the cost of required public
improvements, including but not limited to roads, sidewalks, plazas,
utilities, drainage systems, water mains, sewage mains or treatment
facilities and landscaping, whether or not they are to be publicly
owned, for the cost of engineering or construction inspections and/or
laboratory analysis. Such fees shall be paid prior to the issuance
of building permits and certificates of occupancy. Any portion of
the fee not so utilized shall be returned to the applicant.
In the event that a court of competent jurisdiction determines
that any provision of this article shall be invalid or unenforceable,
such determination shall not affect the validity or enforceability
of any other provision of this article, which shall remain in full
force and effect.
