City of Port Jervis, NY Chapter 272 Escrow Deposits

[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.

§ 272-1 Purpose.

A. 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. 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.

§ 272-2 Statutory authority.

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.

§ 272-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

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.

CONSULTANT

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.

PROJECT

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.

§ 272-4 Reimbursement of fees and expenses.

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.

§ 272-5 Deposit of funds; payment of fees.

A. 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. 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. 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. 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. The consultant shall furnish copies of such voucher to the applicant at the same time such voucher is submitted to the City.

F. 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. 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. 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. 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.

§ 272-6 Deposit amounts.

A. 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. 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.

§ 272-7 Deposits in addition to application fees.

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.