[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-22-2014 by L.L. No. 3-2014]
The purpose of this article is to allow for reimbursement to
the Village for the actual costs of consulting services with respect
to the review of applications before its various boards and commissions
for approval to utilize any property in the Village, including petitions
for amendments to land use regulations. The Village has found that,
in many instances where it would otherwise be appropriate, it fails
to fully avail itself of expert consulting services because of the
cost to the taxpayers in general. It is felt that it is more appropriate
for the individual applicants to bear the cost of the review of their
application in a manner which will assist the various boards and commissions
of the Village in appropriately evaluating the potential impacts of
those applications and how the applications fit within the Village's
laws and ordinances.
A.
Notwithstanding any inconsistent provision of any local code, rule, regulation, law or ordinance, any Village board, entity or commission (reviewing board) where a permit or approval is required by local law, rule, regulation or ordinance or where a petition is submitted to amend a zoning or other land use provisions (For purposes of this article seeking approval for any of the foregoing shall be deemed an "application.") shall, before processing or reviewing any such application and permitting use of or construction on, under or adjacent to real property, require the applicant to deposit funds with the Village sufficient to reimburse the Village for all reasonable costs of planning, environmental, engineering, legal, architectural, accounting and/or other consultants deemed appropriate by each reviewing board utilized in connection with the review of any application. When an application is filed, the Village Clerk shall fix the amount of the initial deposit (escrow) to be made by the applicant. The Village's consultants shall invoice the Village no less frequently than monthly for services in reviewing each application and performing their duties with respect to such application. If at any time during the review process the amount of the escrow account falls below 50% of the initial escrow (as determined by the Village Clerk), then the applicant shall be required to submit an additional deposit to bring the total escrow up to the full amount of the initial deposit (as determined by the Village Clerk) unless the Village Clerk otherwise waives such requirement. Any failure to replenish the escrow shall be governed by § 143-4.
B.
In the event the amount held in escrow by the Village is more than
the amount of the actual billing or invoicing, the difference between
such amount and the actual billing or invoicing shall be promptly
refunded to the applicant after final action is taken on the application.
C.
In the event the amount of escrow is less than the full amount actually
charged by the Village's consultants, the applicant shall promptly
pay any remaining balance.
All invoices for fees charged to applicants by consultants shall
be reviewed and approved by the Village Clerk as to reasonableness
before payment by the Village, and the applicant shall be provided
with copies of the invoices charged against the escrow deposit. In
the event an applicant believes that the charges invoiced are excessive,
the applicant may file a written protest to the Village Board, within
15 days of receipt of the invoice, questioning such invoice. The Village
Board shall review the protest by the applicant and provide the applicant
with a written response within 45 days of receipt of the protest.
In the event an applicant fails to make any escrow payment required
and/or fails to pay the full amount billed for consultant fees (as
approved by the Village Clerk), the reviewing board shall adjourn
any pending application and/or withhold final approval until such
payment is made. In the event final approval has been granted and
an outstanding balance for consulting fees (as approved by the Village
Clerk) remains unpaid, the Building Inspector shall not grant a building
permit and/or certificate of occupancy until payment of approved outstanding
consulting fees has been made in full.
A.
All laws, ordinances, rules and regulations of the Village are modified
and superseded by this article with respect to their application to
fees which may be charged with respect to applications for land use
permitting or approvals.
B.
This article shall modify and supersede, with respect to the properties
covered thereby, the provisions of Village Law Article 7, Executive
Law Article 42, and Navigation Law Article 4 of the State of New York.
