Harriman City Zoning Code
ARTICLE XI
Reimbursement for Professional Consultant's Fees
§ 140-64 Intent.
It is the specific purpose and intent of this article to provide reimbursement by an applicant to the Village of Harriman for any application presented to the Zoning Commission, the Planning Board or the Zoning Board of Appeals for review, advice and recommendations by any professional consultants deemed necessary by the aforesaid Boards, including but not limited to the Village consulting engineer and Village Attorney.
§ 140-65 Applicability.
§ 140-66 Preapproval fees.
A.
The Zoning Commission, Planning Board or Zoning Board of Appeals, in reviewing any application pending before it, may refer such application, at its discretion, to any engineering, planning, technical, legal or environmental consultants that it deems necessary. The fees charged by the consultant will be paid for by the applicant. At the time the application is submitted, the Board shall obtain an estimate from its consultant for the work that is to be performed on the application on behalf of the Board.
B.
The fees will be paid to the Village before a final approval will be granted.
[Amended 7-8-2003 by L.L. No. 2-2003]
C.
If the application is required to be reviewed by more than one Board, the Boards will try to prevent a duplication of services. The Boards shall use the same consultants, who shall prepare one report, providing the data information and recommendations request by the Boards.
D.
In the event that an applicant withdraws his application, then the Village shall refund the unexpended portion of the consulting fees.
E.
The applicant is to be responsible for payment of the consultant's final bill. In the event that the final bill exceeds the estimates, the applicant must pay the remaining balance prior to the Board granting final approval or taking action on the application.
F.
In the event that, after final approvals have been obtained by the applicant, there are unexpended funds, those funds shall be refunded to the applicant.
§ 140-67 Construction inspection fees.
A.
Land subdivisions. Inspections by the consulting engineer for the Village or other such planning, technical or environmental consultant shall be paid for as provided in § A146-23C of the Village Land Subdivision Regulations.
B.
Site plan and special permit projects.
(1)
Any project approved under a site plan or special permit procedure shall be subject to construction inspections. This includes any and all facilities of a public nature, including roads, water mains, storm drains, sanitary sewers and recreational facilities, whether or not dedicated to the Village.
(2)
Prior to the start of construction and as a condition to final site plan approval or special permit issuance, the applicant shall deposit with the Planning Board Secretary funds to be utilized for reimbursing the Village for the cost of professional consultant inspections. The funds deposited with the Planning Board Secretary shall be 6% of the performance security for all such construction. In the event that no performance security is required to be filed with the Village, then the amount shall be 6% of the cost of all such improvements to be inspected, as estimated by the consulting engineer for the Village.
[Amended 7-8-2003 by L.L. No. 2-2003; 11-10-2015 by L.L. No. 5-2015]
C.
Other projects. The provisions of this article shall apply to any other construction project which requires construction inspections by the Village's professional consultant(s). The amount of money to be deposited with the Planning Board Secretary by any party engaged in such construction shall be 6% of the estimated construction cost or contract price.
[Amended 7-8-2003 by L.L. No. 2-2003; 11-10-2015 by L.L. No. 5-2015]
§ 140-68 Attorney's fees.
The applicant will reimburse the Village for reasonable attorney's fees in reviewing the application.
§ 140-69 Exceptions.
Any construction project which is being performed under direct contract between the general contractor and the Village shall not be subject to the provisions of this article requiring reimbursement to the Village for construction inspections.