A. Purpose. From time to time, the Board of Trustees, Planning Commission, Zoning Board of Appeals, and Village staff require the specialized expertise of professional consultants, such as engineering, planning or legal, to assist in making reasoned and informed decisions in compliance with law. Such expertise necessarily requires an expense, which the Board of Trustees finds should not be assumed by the Village and its general taxpayers. Therefore, it is the purpose of this section to require reimbursement to the Village for the actual expenses of professional consultants at any stage in the development process, to include, but not be limited to preapplication, site plan, subdivision, and zoning applications, through an escrow account established by the Village for such purpose. This expense shall be in addition to any fee required by other law, regulation or resolution of the Village.
B. Professional Consultant Review Fees.

(1) Escrow Agent. The Village Treasurer or his/her designee shall act as the escrow agent for the purposes of this § 345-814.
(2) Expense. The expense of such professional consultants shall be in accord with fees consistent with that charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Village and such consultant. All such charges shall be paid by the Village upon submission of a Village voucher.
(3) Reimbursement. The Village shall be reimbursed for the actual cost of such services, in accordance with the procedures described in § 345-814A.
(4) Evidence of Payment. Evidence of payment of all professional consultant review fees shall be provided by the Village Treasurer, acting in the capacity as escrow agent, who shall, upon request of the applicant, Decisionmaking Authority, or Village staff, provide a statement of account.
(5) Payment as Condition to Issuance/Action. Full payment of such fees shall be a condition of final action by a Decisionmaking Authority, as the case may be.

(1) Preapplication. For the review of Development concepts and proposals, an escrow fee shall be required. Upon submittal of a Project Proposal Form ("PPF") to the Department of Planning and Economic Development, and prior to any preapplication or other review thereof, a minimum escrow fee of $2,500 shall be provided by a prospective applicant in order to initiate the review process.
(2) Formal Application. At the time of submission of a formal application for the following types of applications, the applicant shall tender an amount as set herein to allow the Village to establish an escrow account. No application shall be deemed complete until such time as said tender is made.

(3) Adjustment of Amounts. These amounts may be adjusted at the time of application in the discretion of the Director of Planning and Economic Development, depending on the complexity of the application, the number of Village approvals that may be concurrently required, or other relevant factors.
(4) Estimate of Costs. Before an escrow account is established, the prospective applicant or applicant shall be provided with a written estimate of the costs anticipated to be incurred in such professional review.
(5) Replenishment of Escrow. When the balance in such escrow account is reduced to 1/2 of its initial amount, the applicant shall be notified in writing by the Village and shall deposit additional funds into such account as required. If the escrow account is not replenished within 30 days after the applicant is notified in writing of the requirement of an additional deposit, the further review of the application may be suspended. In addition, the Decisionmaking Authority shall not be required to comply with the time periods, if any, by applicable law, if the applicant fails to replenish the account as aforesaid. Any such time periods shall begin to accrue again upon receipt of the required payment.
(6) Refund of Any Excess Escrow. After all pertinent charges have been paid, and upon final approval or denial by the Decisionmaking Authority (or determination not to proceed or withdrawal of an application), the Village shall refund to the applicant any funds remaining on deposit, less any fees incurred for the establishment and maintenance of the escrow account.

D. New York State Environmental Quality Review Act (SEQRA). If the Decisionmaking Authority is the Lead Agency in the environmental review of an application in accordance with the State Environmental Quality Review Act (SEQRA), it shall impose those fees authorized by Part 617 of Title 6 of the New York Codes, Rules and Regulations (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law) in connection with the environmental review of an application in place of the fees noted in Table 345.814 (Application Escrows).