FEES, REIMBURSEMENT OF PROFESSIONAL CONSULTANT

§28-1. Title.

§28-2. Purposes.

§28-3. Professional consultant review fees.

§28-4. Initial Deposit and Suspension of Application Processing.

§28-5. Collection of fees.

§28-6. Limits on legal fees.

§28-7. Hardship review.

§28-8. Supersession.

§28-9. Severability.

§28-10. Effective Date.

[HISTORY: Adopted by the Board of Trustees 10-14-1996 as L.L. No. 2-1996; amended in its entirety 10-21-2002 by LL 5-2002. Subsequent amendments noted where applicable.]

§28-1. Title.

This chapter shall be known as the "Incorporated Village at Huntington Bay
Reimbursement of Professional Consultant Fees Law."

§28-2. Purpose. [Amended 11-17-1997 by L.L. No. 3-1997 amended 12-10-2007 by L.L. No. 8-2007]

The Board of Trustees hereby finds that the Incorporated Village of Huntington Bay incurs significant expenses related to professional consultant(s) review of certain applications before the Board of Trustees, Planning Board and Zoning Board of Appeals regarding site plans, special permits, subdivisions, variances and other or similar or related local, county, state or federal laws and/or procedures. Such professional consultant review is necessary to promote the general health, safety and welfare and to carry out the terms of the Village Code. Therefore, the Village shall have the authority to submit any such application relating to demolition of an existing dwelling, construction of a new dwelling, subdivisions or lot line modifications; docks, floats, piers and similar structures; property within the Waterfront Preservation District; nonconforming clubs; and homeowner beach associations which may come before it to professional consultant(s), such as an engineer, environmental expert, planner, lawyer and/or other professional consultant(s), as it may deem necessary to enable it to review such application, and the applicant shall reimburse the village for the cost thereof.

§28-3. Professional consultant review fees.

A. The Village board which is reviewing a given application and/or other or similar matter may, in review of any application which may come before it, refer such application presented to it to such engineer, environmental expert, planner and/or lawyer or other professional consultant as the reviewing board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged for such professionals shall be in accord with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Village and such professional consultant. All such charges shall be paid by the Village upon submission of a Village voucher by such professional consultant.

B. The Village Clerk shall review any such fees for professional consultant services prior to the assessment of any such fees as a charge reimbursable by an applicant. Applicants shall not be charged for fees for services rendered by professional consultants retained by the Village which relate to tasks performed for the mere convenience of the reviewing board such as attendance by the Village Engineer and Village Attorney at any regular or special public meetings of the Village Planning Board or the Village Zoning Board of Appeals. Upon request, the applicant shall be provided with copies of any Village voucher for such professional consultant review services as they are submitted to the Village. The applicant shall reimburse the Village for the cost of such professional consultant review services in accordance with the procedures described in § 28-4 herein. The payment of such fees shall be a condition of any approval and shall be set forth in any resolution of approval and shall be required in addition to any and all other fees required in connection with the review of the application as set forth in any Chapter of the Village Code or any Village fee schedule. An applicant may direct any questions relating to fees for reimbursement of professional consultants services to the Village Clerk, who may adjust such fees as may be appropriate or refer the matter to the reviewing board.

C. Proof of payment of all professional consultant review fees shall be obtained by the applicant from the Village Treasurer and presented to the clerk of the reviewing board having jurisdiction over the application. No building permit or certificate of occupancy shall be issued nor shall any use or work be authorized under any resolution of approval unless all professional review fees charged in connection with the applicant’s project have been reimbursed to the Village.

D. In the event that an application is required to be reviewed by more than one (1) reviewing board, then in such event and to the extent applicable, each such reviewing board shall use the same consultant who shall in such case prepare one (1) report providing the data, information and recommendations requested. In all instances, duplication of consultant’s reports shall be avoided wherever possible in order to minimize the cost of such consultant’s reports to the applicant.

§28-4. Initial Deposit and Suspension of Application Processing.

At the time of submission of any application which may come before it, an initial deposit may be required as may be set forth by the Board of Trustees in a Village fee schedule, which may be amended from time to time, or if no such fee schedule or fee schedule item exists for such application and/or other or similar matter, the applicant shall deposit such sum as is deemed necessary by the reviewing board based on its evaluation of the nature and complexity of various application categories. This deposit with the Village shall be used as an advance against which withdrawals shall be made to reimburse the Village for the cost of professional consultant review services. No application shall be considered complete for review purposes until said deposit is made in accordance therewith. The Village shall provide applicants with monthly statements indicating the cost of professional consultant review services paid out of the initial deposit, or owing in the event the initial deposit has been depleted. If an initial deposit is required and such amount is depleted, the reviewing board may suspend its review of the application if any outstanding fees are not paid by the applicant within thirty (30) days of Village issuance of request for payment. The Planning Board and the Zoning Board of Appeals shall not be obligated to comply with any time periods for review of site plans, special permits, subdivisions, variances and/or other similar applications pursuant to state and/or local law if the applicant fails to pay the fees as aforesaid. Any such time periods shall begin to accrue again upon receipt of the required payment. After all pertinent charges have been paid, and upon final approval or denial by the reviewing board or formal withdrawal of the application by the applicant, the Village shall refund to the applicant any funds remaining on deposit.

§28-5. Collection of fees.

All fees required pursuant to this Chapter shall be collected by the Village Clerk.

§28-6. Limits on legal fees.

Fees under this Chapter shall in no event exceed $25,000.00.

§28-7. Hardship review.

In the event that any fee or deposit established in this Chapter creates an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit, in its legislative discretion, after appropriate public hearing.

§28-8. Supersession.

This Chapter is hereby adopted pursuant to Municipal Home Rule Law § 10(1)(i) and § 10(1)(ii)(a)(14) and Statute of Local Governments § 10(6) of the State of New York. It is the intent of the Board of Trustees, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), to supersede any local laws incorporating relevant time limits and any inconsistent provision of Article 7 of the Village Law, §§ 7-706, 7-712, 7-712-a, 7-712-b, 7-725-a, 7-725-b, 7-728, 7-730, 7-732, 7-734, 7-736, and 7-738 “in relation to which and to the extent to which such provisions set forth specified time frames for certain reviewing board action”.

§28-9. Severability.

If any part or provision of this Chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Chapter or the remainder thereof had such invalid application or invalid provision been apparent.

§28-10. Effective Date.

This Chapter shall take effect immediately upon filing in the Office of the Secretary of State of New York.