§ 331-139.1. Additional fees.

A. 

The City Council, the Planning Board and the Zoning Board of Appeals, in the review of any application brought pursuant to this chapter, may refer such application presented to it to such planner, engineer, environmental expert, attorney or other consultant engaged by the City or to such City professional staff as such Board shall deem reasonably necessary to enable it to review such application as required by law.

(1) 

Fees charged by such consultants 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 City and such consultant. All such fees shall be paid to the City upon submission of a City voucher, and the applicant shall reimburse the City for the costs of such consultant upon submission of a copy of the voucher or at the discretion of the reviewing board.

(2) 

Costs for services of professional staff shall be in accord with hourly rates based upon actual salary and benefits paid by the City. The applicant shall reimburse the City for the costs of professional staff services upon submission of an invoice or at the discretion of the reviewing board.

(3) 

The payment of such costs 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 City law, ordinance or regulation.

(4) 

All charges for services shall be audited by the City, and applicant costs shall be limited to those that are reasonable in amount and are necessary for the City's review and action on the application in accordance with the law.

B. 

Escrow accounts. At the time of submission of any application brought pursuant to this chapter, the reviewing board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the City for the cost of consultant fees and professional staff services. The applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any City voucher for consultant fees as they are submitted to the City and with City staff time records for services for which reimbursement is sought. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit. the reviewing board may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued unless all such applicants' costs have been reimbursed to the City. After all pertinent costs have been paid, the City shall refund to the applicant any funds remaining on deposit. All fees required pursuant to this section shall be collected by the Clerk of the board having jurisdiction over the application.

Added 10-16-2012 by Ord. No. 171-2012