HomeMy WebLinkAbout21 Berkley Lane Escrow 6.29.15
———————————————— VILLAGE OF RYE BROOK ————————————————
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-0753 Fax (914) 939-5801 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES VILLAGE ENGINEER
Susan R. Epstein DIRECTOR OF PUBLIC WORKS
David M. Heiser Michal Nowak
Jason A. Klein
Jeffrey B. Rednick
June 24, 2015
Mr. Doug Trokie
21 Berkley Lane
Rye Brook, New York 10573
Re: Escrow Account for 21 Berkley Lane Application
Dear Mr. Trokie:
The Village Staff and Boards review comments from our professional consultants to review site
plan projects. The applicant is responsible for all professional review fees incurred during the
course of the application’s review by the Village Boards and consultants. These costs are
reimbursable per Village Code (excerpt below):
§ 47-2. Escrow accounts. \[Amended 1-24-2006 by L.L. No. 2-2006\]
At the time of submission of any application to the Village for site plan, special permit, or
A.
subdivision and at the discretion of the Village for permits sought in conjunction with an
erosion and sediment control permit in accordance with Chapter 118, Flood Damage
Prevention, in accordance with Chapter 130, a steep slopes work permit in accordance with
Chapter 213, and a permit to perform regulated activity in a wetland in accordance with
Chapter 245, or a tree removal appeal, or in connection with any other application when the
Village deems it necessary to retain a consultant regarding the application, the applicant
shall submit a separate check in an amount to be determined by the Village Administrator or
Village Engineer, but not less than $250 nor more than $2,500, to be used to establish an
escrow account, from which withdrawals shall be made to reimburse the Village for the
costs of professional review services.
The applicant shall be provided with copies of any Village voucher for such services as they
B.
are submitted to the Village.
The applicant shall be required, from time to time, to deliver additional funds to the Village
C.
for deposit in the escrow account if such additional funds are required to pay for
professional consultation services rendered to the Village or anticipated to be rendered.
If such account is not replenished within 30 days after the applicant is notified, in writing, of
D.
the requirement for such additional deposit, the reviewing Board may suspend its review of
the application. An application shall be deemed incomplete if any amount shall be
outstanding.
In the event that any application before any Board or department is withdrawn prior to any
E.
actions being taken, the applicant is nevertheless responsible for any expenses incurred by
the Village with regard to said application prior to such withdrawal.
Escrow funds may be refunded to the applicant only when the applicant formally withdraws
F.
the application from consideration by the permitting authority or when the applicant receives
a final determination from the permitting authority; in either case, all reimbursable charges
incurred by the Village shall be first deducted from the escrow account, leaving an
unencumbered balance that is not required by the permitting authority to pay consulting
costs attributable to the application. Fees collected in accordance with the Village Code
shall not be refunded. However, if the applicant is indebted to the Village for any fees, the
amount of money still owed shall be added to the real property village tax of the property
and shall become a lien against the property if not paid within 30 days of written demand.
A building permit or certificate of occupancy or use shall not be issued unless all
G.
professional review fees charged in connection with the applicant's project have been
reimbursed to the Village.
The imposition of escrow account fees are in addition to, and not in place of, other fee
H.
schedules currently in force.
Your Project currently has a Negative balance. Please deposit with the Village, the sum of
$157.00 on or prior to July 7, 2015. Supporting documentation for your review is attached.
Thank you for your attention to this matter.
Sincerely,
Michal J. Nowak
Superintendent of Public Works/
Village Engineer
/rd
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