[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 3-13-2023 by L.L. No. 4-2023, effective 3-22-2023. Amendments noted where applicable.]
The Board of Trustees is authorized to establish by resolution
fees relative to the various chapters of this Code.
The purpose of this article is to ensure reimbursement to the
Village for the actual costs of professional consulting and Village
professional staff services with respect to the review of land use
applications to the Board of Trustees or any other board or commission
having jurisdiction to approve or recommend with respect to the application.
The Village has found that, in many instances where it would otherwise
be appropriate to avail itself of expert consulting services, the
reviewing board is reluctant to do so because of the cost to the taxpayers,
but the Village nevertheless bears the cost because the necessary
professional services are provided by the Village staff. The purpose
of this article is to require that applicants bear the cost of the
professional services the Village needs to review their land use applications
in a fair and equitable manner, consistent with the law of the State
of New York.
For purposes of this article, the following terms shall have
the meanings ascribed to them in this section:
The person or entity making a land use application, but not
a board, commission or other entity or employee of the Village of
Mamaroneck.
A person or entity providing professional services, other
than an employee of the Village of Mamaroneck.
Any application by an applicant for subdivision approval, site plan approval, a special permit, including a special permit for a wireless telecommunication facility, an amendment to Chapter 342 of this Code, an amendment to the comprehensive plan, an amendment to the zoning map, a wetland permit, a variance, a perimeter permit, construction permit, reconstruction permit or consistency determination under Chapter 240 of this Code or an appeal to the Zoning Board of Appeals from a determination of the Building Inspector.
The planning, environmental, engineering, legal, architectural,
accounting or other professional services reasonably necessary to
the decision-making function of the reviewing board, whether provided
by a consultant or Village staff, as determined by reference to data
or experience derived by the Village or comparable municipalities
in similar cases.
The Board of Trustees or any other board or commission of
the Village of Mamaroneck having jurisdiction to approve or recommend
with respect to any land use application.
A.
Notwithstanding any inconsistent provision of any local code, rule,
regulation or ordinance, every reviewing board must require the applicant
for any land use application to pay the cost of the professional services
necessary to review the application. In the case of an appeal to the
Zoning Board of Appeals, the cost of professional services required
to be paid by an owner of real property within 400 feet of the property
that is the subject of permit at issue, or a tenant in that property,
must not exceed $1,000.
B.
Before a land use application is determined to be complete, the Building
Inspector, in consultation with the Village Manager and the Village
Planner, must:
(1)
Advise the applicant that the applicant will be required to pay the
cost of the professional services necessary to review the application;
(2)
Identify the need for any professional services needed by any reviewing
board to review the application;
(3)
Specify the scope of the necessary professional services;
(4)
Determine whether those professional services will be provided by
a consultant or by Village staff;
(5)
Determine the amount reasonably necessary for the applicant to deposit
with the Village Clerk-Treasurer to ensure that the Village has sufficient
funds to pay the cost of the necessary professional services on a
timely and continuing basis;
(6)
Require the applicant to deposit the escrow amount with the Village
Clerk-Treasurer; and
(7)
Provide the applicant with a written statement of these determinations
and requirements, which will become part of the application.
C.
Before any reviewing board may undertake any further review with
respect to the application, the applicant must deposit with the Village
Clerk-Treasurer the amount the Building Inspector has determined to
ensure that the Village has sufficient funds to pay the cost of the
necessary professional services on a timely and continuing basis.
The Village Clerk-Treasurer will hold the escrow deposit in an interest-bearing
trust and agency account. If the Village Clerk-Treasurer determines
at any time during the review process that the amount in the escrow
account has fallen below 50% of the escrow amount required by the
Building Inspector, the Village Clerk-Treasurer will notify the applicant
that an additional deposit with the Village Clerk-Treasurer sufficient
to bring the balance in the escrow account to the amount required
by the Building Inspector must be made. If the applicant receives
such a notice at least seven days before a meeting of a reviewing
board and fails to make the additional deposit before that meeting,
the Village Clerk-Treasurer will so notify the reviewing board and
the reviewing board will not consider the application further until
the applicant has deposited the additional funds, unless further consideration
by the reviewing board is necessary to avoid an approval by reason
of the passage of time.
D.
At the initial meeting of each reviewing board with respect to the
application, the reviewing board will review the determinations made
by the Building Inspector with respect to the deposit for the payment
for professional services, confirm or modify the Building Inspector's
determination as to the professional services needed for review of
the application and, where consultants' services are needed,
request that the Village Manager retain a consultant or consultants
to provide the necessary professional services. If after further consideration
of the application a reviewing board determines that additional or
different consultants' services are necessary to review the application,
the reviewing board will so notify the Building Inspector and the
Village Manager who will take appropriate action consistent with this
article.
E.
The Village Manager will maintain a list of qualified consultants
and will review and revise that list on a regular basis. Within 30
days after a request from a reviewing board for professional services,
the Village Manager will select a consultant or consultants and engage
the consultant or consultants in accordance with the Village's
procurement policy.
A.
Consultants and Village staff members providing professional services
will submit monthly statements to the Village Manager for their professional
services setting forth the services provided and the cost of those
services. The cost of professional services provided by a consultant
will be as provided in the consultant's agreement with the Village
and the cost of professional services provided by the Village's
professional staff will be at hourly rates established by the Village
Manager based upon the actual salary and benefits paid by the Village
consistent with the usual charges for such services in Westchester
County, all as consistent with data or experience derived by the Village
or comparable municipalities in similar cases.
B.
Within 15 days of the receipt of a monthly statement from a consultant
or the Village's professional staff, the Village Manager will
provide a copy of the statement to the applicant by regular mail to
the address specified by the applicant or by electronic mail if the
applicant specifies an electronic mail address. The applicant may
dispute any charge by notifying the Village Manager of the basis for
the dispute in writing within 15 days of the date on which the Village
Manager gives the applicant notice of the statement.
C.
If the applicant does not dispute any charge, the Village Manager
will direct the Village Clerk-Treasurer to pay the charges. If the
applicant disputes any charge, the Village Manager will determine
within 15 days, based upon the applicant's statement, whether
to pay the disputed charge, and will direct the Village Clerk-Treasurer
to pay the charges the Village Manager determines to be reasonable
and consistent with the provisions of this article.
A.
The Building Inspector is not permitted to grant a building permit,
certificate of occupancy or certificate of completeness until all
fees required by this article have been paid in full.
B.
If, after final action is taken on the land use application and the
Village Manager has received and approved all statements for professional
services with respect to the application, the escrow amount held by
the Village Clerk-Treasurer is less than the charges for professional
services approved by the Village Manager, the applicant must pay the
remaining balance within 30 days. If the applicant fails to do so,
the Village Manager is authorized to cause the unpaid amount to be
added to the next Village tax bill for the property that is the subject
of the application.
C.
If, after final action is taken on the land use application and the
Village Manager has received and approved all statements for professional
services with respect to the application, the escrow amount held by
the Village Clerk-Treasurer is greater than the charges for professional
services approved by the Village Manager, the Village Clerk-Treasurer
must refund the balance to the applicant within 30 days.
D.
Withdrawal of a land use application before action is taken does
not relieve the applicant of the applicant's obligation to pay
the cost of professional services incurred in connection with the
review of the application prior to the date on which it is withdrawn.
