VILLAGE OF SUFFERN
LOCAL LAW NO. , 2016
“A LOCAL LAW RELATING TO REIMBURSEMENT OF PROFESSIONAL FEES
INCURRED IN CONNECTION WITH APPLICATIONS TO THE
PLANNING BOARD, ZONING BOARD OF APPEALS AND
THE VILLAGE BOARD OF TRUSTEES”
Section I. Title.
This local law shall be known and referred to as the "Reimbursement of Professional Fees Law of the Village of Suffern".
Section II. Legislative Intent .
The intent of this local law is to reimburse the Village of Suffern for all expenses incurred in connection with the review of applications made to the Planning Board, the Zoning Board of Appeals and the Village Board of Trustees.
Section III. Fees.
In addition to the application fees required to be paid by an applicant, the applicant shall also reimburse the Village for any and all fees paid by the Village in connection with the review of such application by the Planning Board, Zoning Board of Appeals or Board of Trustees. The applicant shall be presented with a fee statement or statements for such review on a periodic basis . Such statements shall be due and payable upon presentation thereof.
Section IV. Professional Services.
Such professional services shall include, but not be limited to, planning consultants, engineer, architects, attorneys and traffic consultants for services rendered in connection with the review of applications for relief as set forth in Section I hereof, by municipal boards and agencies . Fees for such services shall be charged on a time and expense or flat basis, as the case may be, and as is customary in the County of Rockland, State of New York for such services, and shall be at a rate which is competitive with other like professionals in the County of
Rockland, State of New York.
Section V. Fee Statements.
Presentation of such statements shall be deemed complete when mailed
by the Village to the applicant’s designated representative.
Section VI . Statement Content.
Such statements shall set forth the nature of services performed, the date such services were rendered , the time spent thereon (if such services are rendered on a timed basis) and the name of the party rendering such services. A voucher or other bill rendered to the Village and paid by the Village shall be deemed a fee statement in full compliance with this section, and with Section III hereof.
Section VII. Disputed Fees.
Any applicant who disputes any fee statement presented to him pursuant to this local law may bring a proceeding in the Supreme Court of the State of New York, in and for the County of Rockland, pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York, within thirty days after presentation of such disputed fee statement. The commencement of such a proceeding shall not stay the obligation of the applicant to pay any fee statement presented to him pursuant to this local law.
Section VIII. Failure to Reimburse Fees.
Any fee statement imposed by this local law which remains unpaid at the time the Village certifies its annual tax roll shall become a lien upon the premises for which the application was made. Such unreimbursed fees shall thereupon be levied against the said premises, as if a tax on real property, and in addition to all other taxes , fees, rents or charges which would otherwise be so levied. In the event the affected premises comprise more than one tax lot, then the Village Treasurer shall distribute such levy equally among each such tax lot without regard to assessed value or any other factor.
Section IX. Applications.
An application for approval, or for any intermediate approval process, or for any action covered by this local law by the Planning Board, Zoning Board of Appeals, or Board of Trustees shall not be deemed complete for any purpose until such time as the funds required by the agency before which the application is pending shall have been paid to the Village Treasurer.
Section X. Severability.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid , such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly referred to in said judgement.
Section XI. Effective Date.
This local Law shall be effective immediately upon filing with the Secretary of State.