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HomeMy WebLinkAbout32-34 Bonwit Escrow 6.18.18 ———————————————— 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 18, 2018 Mr. Ronald Rettner 34 Bonwit Road Rye Brook, New York 10504 Re: Escrow Account for 32-34 Bonwit Road Dear Mr. Rettner: 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. \[Amended 1-24-2006 by L.L. No. 2-2006\] A. At the time of submission of any application to the Village for site plan, special permit, or 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. B. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village. C. The applicant shall be required, from time to time, to deliver additional funds to the Village 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. D. 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. An application shall be deemed incomplete if any amount shall be outstanding. E. In the event that any application before any Board or department is withdrawn prior to any actions being taken, the applicant is nevertheless responsible for any expenses incurred by the Village with regard to said application prior to such withdrawal. F. Escrow funds may be refunded to the applicant only when the applicant formally withdraws 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. G. A building permit or certificate of occupancy or use shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village. H. The imposition of escrow account fees are in addition to, and not in place of, other fee schedules currently in force. Your Project currently has a Negative balance. Please deposit with the Village, the sum of $57.50 (fifty seven dollars and fifty cents). 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 enclosures