[HISTORY: Adopted by the Common Council of the City of Port
Jervis 4-28-2014 by L.L. No. 2-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 280.
A.Â
The Common Council enacts this chapter to put in place a system for the reimbursement of fees and expenses which would otherwise be raised by assessments of the taxpayers of the City to defray the costs of the City consultants, including, but not limited to, engineering, planning, legal and stenographic expenses, with respect to the review of projects as defined in § 272-3 of this chapter. It is the intention of this chapter that the cost of such consultants ultimately be paid by those who seek approvals from the City rather than from general City funds.
B.Â
The City also wishes to establish a procedure to be followed requiring the deposit of those funds in the City's Special Trust and Agency Account or similar account established by the Common Council and requiring that payments from that account be made only upon receipt and approval by the Common Council of itemized vouchers from its consultants following the determination by the Common Council as set forth in § 272-5 of this chapter.
This chapter is enacted under the authority of Subdivisions
a(1) and (2) and d(3) of Municipal Home Rule Law § 10(1)(ii)
and Municipal Home Rule Law § 22. More particularly, it
is the expressed intent of the Common Council to empower to the City
to require such payments as a condition of approvals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation or
entity, of any type, kind or nature, who requests the City, the Common
Council, the Planning Board, the Zoning Board of Appeals or any other
board, agency, employee or official of the City for approval of a
project.
Any person or entity of any type who is retained by the City
to provide consulting or professional services for any project, including,
but not necessarily limited to, engineering, planning, legal and stenographic
expenses.
Includes a subdivision, site plan, special use permit, variance,
interpretation, improvement district formation or extension or such
other similar action where the Common Council, Planning Board and/or
Zoning Board of Appeals determines to refer the action to a consultant.
All applicants for approval of any project in the City shall
reimburse the City for all reasonable, necessary and appropriate consulting
expenses incurred by the Town in connection with the review and consideration
of such project.
A.Â
Following a pre-submission appearance by any applicant filing an application for approval of a project with the appropriate official or board of the City, the applicant shall deposit with the City a sum of money as determined in accordance with the provisions of this chapter, which sum shall be used to pay the costs described in § 272-4 of this chapter.
B.Â
In the event that the deposit amount does not appear on the schedule of deposits referred to in § 272-6 of this chapter, upon the applicable board of the City computing the deposit amount pursuant to the provisions of this chapter and advising the applicant in writing of the appropriate amount, the applicant shall deposit that sum with the Town in accordance with the above provision.
C.Â
Upon receipt of such monies, the City shall cause such monies to
be placed in the City's Special Trust and Agency Account or similar
account established by the Common Council, without interest accruing
to the applicant, and shall keep a separate record of all such monies
so deposited and the name of the applicant and project for which sums
were deposited.
D.Â
Upon receipt and approval by the Common Council of an itemized voucher
from a consultant for services rendered on behalf of the City pertaining
to the project, the City Clerk-Treasurer shall cause such voucher
to be paid out of the monies so deposited and shall debit the separate
record of the account accordingly.
E.Â
The consultant shall furnish copies of such voucher to the applicant
at the same time such voucher is submitted to the City.
F.Â
The Common Council shall review and audit all such vouchers and shall
approve payment of only such consulting fees and disbursements as
are consistent with the schedule established by the Common Council.
G.Â
If at any time during or after the review of any project there shall
be insufficient monies on hand to the credit of such applicant to
pay the approved vouchers in full, or if it shall reasonably appear
to the City that such monies will be insufficient to meet vouchers
yet to be submitted, the City shall advise the applicant, who shall
deposit additional sums as the City deems necessary or advisable in
order to meet such expenses or anticipated expenses.
H.Â
In the event that the applicant fails to deposit such monies, the
City shall notify, as applicable, the board, agency, employee or officer
of the City of such failure, and any review, approval, building permit
or certificates of occupancy may be withheld by the appropriate board,
agency, employee or officer of the City until such monies are deposited.
I.Â
After conclusion of the review of the project and after payment of
all approved vouchers submitted, any sums remaining on account to
the credit of said applicant shall be paid over towards the cost of
the building permit or other permits which the applicant needs to
obtain from the Building Official or other appropriate City agent
or agency. If there are no additional permits to be obtained from
the City, the remaining sums in the account shall be returned to the
applicant.
A.Â
The amount of the initial deposit for various projects covered by
this chapter shall be set forth in a schedule of deposits as adopted
from time to time by resolution of the Common Council. Said schedule
shall remain in effect and shall apply to all applicants until amended
or revised by subsequent resolution. In the event the City receives
an application for a project for which the amount of the initial deposit
has not been established on the schedule of deposits, the City shall
forthwith establish an amount of the initial deposit for such project,
and the City shall notify the applicant.
B.Â
No monies deposited pursuant to this chapter shall be used by the
City to offset the City's general expenses of consultants'
services nor for its general administration expenses, except that
any interest accrued shall be paid to the City's general fund.
The deposits required by this chapter shall be in addition to
any application fees that may be required by any other rule, regulation
or enactment of the City.