[Amended 6-6-2017 by L.L.
No. 9-2017]
The following provisions shall only apply to professional review
fees that are not incurred pursuant to Section 617.13 of the New York
State Environmental Quality Review Act (SEQRA):
A.
Responsibility of applicant.
(1)
Every applicant shall be responsible for payment of all reasonable
and necessary costs of professional review fees, in addition to those
fees set forth in the Master Fee Schedule,[1] where the Planning Board, Town Board, Zoning Board of
Appeals or Town Engineer (collectively, "approval authority") determines
that the services of private engineers, attorneys or other consultants
are needed for the purpose of:
(a)
Engineering, land use planning, environmental, traffic or legal
reviews of the adequacy or substantive details of applications or
permits, or issues raised during the course of review of applications
and/or permits, which are outside the job scope, expertise and/or
reasonable time constraints of Town personnel; and/or
(b)
Assuring or enforcing an applicant's compliance with the terms
and conditions of all the aforementioned permits or application approvals.
(2)
Before the approval authority authorizes the consultant to proceed
with the additional review, the consultant must submit, in writing,
a proposal explaining what additional review work is required and
what the estimated additional cost will be.
B.
Fees charged for professional review services shall be in accordance
with fees usually charged for such services in Westchester County
and pursuant to a contractual agreement between the Town Board and
said professional. The payment of such professional review fees by
the applicant shall be required in addition to any and all other fees
required by this or any other section of this chapter, or any other
chapter of this Code.
C.
In no event shall the applicant's responsibility to pay such professional
review fees be greater than the actual cost to the Town of such professional
review services.
D.
No permits, certificates of occupancy, certificates of compliance,
site plan or subdivision approvals, special permits, variances or
other permits or approvals shall be issued by any administrative officials
or municipal boards of the Town unless all professional review fees
charged in connection with the applicant's project have been reimbursed
to the Town.
[1]
Editor’s Note: Former § 168-5, Application review
escrow account procedures, was repealed 6-6-2017 by L.L. No. 9-2017.
