Bronxville City Zoning Code
ARTICLE X
Professional Consultation Fees
§ 310-53 Legislative findings; intent and purpose; title.
A.
It is well-settled that the Village of Bronxville has the authority to impose reasonable fees in connection with its regulation of land use activities within the Village. The Village Board hereby finds and determines that in order to protect and safeguard the health, safety and welfare of the Village of Bronxville, its residents and their property, in certain land use application cases it may become necessary to seek the assistance of professional consultants who have expertise in matters or aspects involved. In such cases, the reasonable costs of retaining such competent consultants should ultimately be borne by the applicant.
B.
This shall be known and may be cited as the "Professional Consultation Fees Law of the Village of Bronxville."
§ 310-54 Referral of application to professional consultant; reimbursement of fees and expenses.
A.
The Village Board of Trustees, Planning Board, including the Design Review Committee and Zoning Board of Appeals may refer any application presented to it to such engineering, planning, legal, technical, environmental, or any other professional consultant as such board shall deem reasonably necessary to enable it to review such application as required by law.
B.
All applicants seeking approval pursuant to this chapter from the Board of Trustees, the Planning Board, including the Design Review Committee, and/or the Zoning Board of Appeals shall reimburse the Village for all reasonable and necessary expenses incurred by the Village in connection with the review and consideration of its particular application.
§ 310-55 Deposit of funds; deposit amounts.
A.
Simultaneously with the filing of an application for approval pursuant to this chapter from the Board of Trustees, the Planning Board, including the Design Review Committee, and/or the Zoning Board of Appeals, the applicant shall deposit with the Village Treasurer a sum of money that shall be used to reimburse the Village for the professional services as described in § 310-54A of this chapter. The funds, the amount of which shall initially be calculated in accordance with the schedule of deposits established pursuant to this article, shall be deposited in a segregated account maintained by the Village, which shall not be required to be an interest-bearing account.
B.
If additional funds beyond the initial amount deposited are required to pay for the professional consultation services, the Village shall notify the applicant, and the applicant shall deliver such amounts to the Village Treasurer for deposit in the account. If such additional funds are not provided to the Village, any action on the part of the Village may be suspended until said funds are provided.
C.
The amount of the initial deposit required under this article shall be as set forth in a schedule of deposits established by resolution of the Village Board. Said schedule shall remain in effect and shall apply to all applicants until amended or revised by subsequent resolution. Within the schedule of deposits, types of applicants may be categorized based on objective criteria including but not limited to type of use, size or value of the property at issue, number of lots or dwelling units affected, and gross floor area, and the deposits shall reflect the average costs for similar applications. Such classifications may occur when, in the Village's experience or in the experience of other villages of comparable size, average costs justify classifications among different kinds of applicants.
§ 310-56 Payment of fees; audit; refund.
A.
Professional consultants engaged pursuant to this article shall submit to the Village itemized vouchers for services rendered. Upon receipt and approval by the Village Administrator, the Village Treasurer shall cause such vouchers to be paid out of the moneys deposited pursuant to this article.
B.
The Village Administrator shall review and audit all such vouchers and shall approve payment of only such professional consultant fees as are reasonable in amount and reasonably necessarily incurred by the Village in connection with the review and consideration of applications made pursuant to this chapter.
(1)
For the purposes of the audit, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by professional consultants to the Village or other municipalities in Westchester County for services performed in connection with similar developments. In this regard, the Village Administrator may consider the size, type and number of buildings to be constructed or altered; the complexity of such construction and development; the amount of time to complete the development and all necessary inspections; the topography of the land on which the development is located; soil, surface water and drainage conditions; relevant traffic conditions; and any other considerations the Village Administrator may deem relevant to a particular application. In considering whether such fees are reasonable, the Village Administrator shall also consider the Village's experience in applications of the same or similar type.
(2)
For the purposes of the audit, a fee or part thereof is necessary when it is incurred by the Village out of a need for expert advice and opinion that the Village cannot reasonably and practicably obtain through the members of its boards and staff. Such fees are necessary when charged by the professional consultant for services rendered in connection with an application made pursuant to this chapter when such services are performed to help protect or promote the health, safety or other vital interests of the residents of the Village; to help protect public or private property from potential damage from uncontrolled environmental factors, such as surface water runoff; to ensure the proper construction of the development and all related utilities, drainage systems and other facilities; to protect the legal interests of the Village, including the avoidance of claims and liability; and other interests as the Village Administrator may deem relevant to a particular application.
C.
Upon request, the Village shall provide the applicant with a copy of said itemized vouchers relating to the applicant's development, from which confidential information may be redacted.
D.
Final determination or action on an application shall not occur until all fees due from the applicant have been paid in full to the Village. If at the termination of any application, however, the applicant is indebted to the Village for any fees mandated under this article, the Village may pursue all legal options to recover such fees.
E.
After final action on the application by the relevant board, and after payment of all approved vouchers submitted regarding such application and development, the Village shall refund to the applicant any balance remaining in the account. In the event that an application is withdrawn, the applicant shall be responsible for any expenses incurred by the Village with regard to said application prior to such withdrawal, and after payment of such fees, the Village shall refund to the applicant any balance remaining in the account.
§ 310-57 Application fees.
The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules or regulations of the Village and shall not be used to offset the Village's general expenses for professional consultant services.
§ 310-58 Severability.
If any clause, sentence, paragraph, subdivision or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentences, paragraph, subdivision or part hereof directly involved in the controversy in which such judgment shall have been rendered.
§ 310-59 Superseding other laws.
All local laws or parts of local laws that conflict with the provisions of this article are hereby superseded.