[HISTORY: Adopted by the Town Board of the Town of Niles as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2019 by L.L. No. 2-2019]
This article is enacted pursuant to the provisions of the New York Town Law and the New York Municipal Home Rule Law.
The purpose of this article is to ensure that the Town has the authority to levy any water and sewer charges which are unpaid for 30 days from the due date. The Town recently formed Water District No. 1 and Sewer District No. 1, which have begun operating. The Town desires to pass this article and ensure all users are on notice of its authority to levy unpaid charges.
Pursuant to Town Law § 198, the Town is authorized to annually levy water and sewer charges that are not paid within 30 days of the due date.
The Town Clerk and Town Bookkeeper shall keep records of the unpaid water and sewer charges and shall annually provide the Town Board with a statement showing the amount unpaid to allow the Town Board to efficiently review and approve the levy of the water and sewer charges for the applicable year.
Nothing in this article shall limit the Town's ability to charge interest on any unpaid water and sewer charges or exercise any other remedy under the law to enforce the payment of water and sewer charges.
This article shall take effect immediately upon filing in the Office of the New York State Secretary of State.
[Adopted 3-12-2020 by L.L. No. 1-2020]
This article is enacted pursuant to the provisions of the New York Municipal Home Rule Law.
It is the purpose and intent of this article to promote and protect the health, safety and welfare of the residents of and visitors to the Town of Niles (the "Town"); to preserve, protect and enhance the environment and aesthetic assets of the Town of Niles, including the environmentally sensitive areas within the boundaries of the Town; and to safeguard the value of public and private property within the Town of Niles by authorizing the Town of Niles to provide for a system whereby applicants, appellants and other parties seeking the assistance or review of the Town Board, Town Planning Board, and/or Town Zoning Board of Appeals fully reimburse the Town of Niles for professional services fees in connection with such matters.
The Town Board, Planning Board, and Zoning Board of Appeals are legally required to review applications, appeals and requests for assistance from time to time on matters or concerns which may be presented to any or all of the boards. In furtherance of performing their duties in addressing such matters, it may become necessary to refer certain matters to professional consultants for review, study, assistance and direction. Being cognizant that many matters submitted to the Town of Niles' various boards do not benefit the citizens of Niles as a whole and often benefit a single party, or a very limited class of citizens, the Town Board has determined it is just and equitable for applicants, appellants and other parties seeking the assistance of the municipal boards to reimburse the Town of Niles for costs incurred relating to matters reviewed by its boards.
A. 
The Town Board, the Town Planning Board, or the Town Zoning Board of Appeals, in the review of any application, appeal or other matter pending before said board, may refer such application, appeal or matter to such engineering, planning, legal, technical or environmental consultant, or other professional(s) employed or engaged by the Town of Niles, as such board shall deem reasonably necessary to enable it to competently review the same as required by law.
B. 
The applicant, appellant or other party seeking relief, or a determination, as the case may be, shall reimburse the Town of Niles for the cost(s) of such consultant and/or professional services.
C. 
Charges made by such consultants shall be in accordance with charges typically assessed for such services in the Finger Lakes Region of New York State or pursuant to an existing contractual agreement between the Town and such consultant.
D. 
At such time as the application, appeal or other matter to be reviewed is approved, denied or completed by the board having jurisdiction, the Town Clerk shall refund to the applicant/appellant the escrow deposit required pursuant to § 94-11 below, less any sums expended by the Town to engage services of professionals, including, but not limited to, attorneys and/or engineers, in order to provide assistance to said board relating to said application, appeal or other matter. A copy of the computation of said sums so expended shall be provided to the applicant/appellant at the time that the Town Clerk shall calculate the refund, if any, due the applicant/appellant hereunder.
E. 
In the event that an application, appeal or other matter is required to be reviewed by more than one board, then, in such event and to the extent practicable, both boards shall use the same consultant, who shall, in such case, to the extent practicable, prepare one report providing data, information and recommendations requested. In all instances, duplications of consultants' reports or services shall be sought to be avoided wherever practicable in order to minimize the cost of such consultants' reports or services to the applicant/appellant. The above fees are in addition to any and all other fees required by any other law, rule or regulation.
A. 
At the time of submission of any application, appeal or matter to be reviewed, or thereafter, an escrow account shall be established, from which withdrawals shall be made to reimburse the Town for the costs of professional services. The applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the reviewing board with the advice and recommendation of the respective professional party engaged by the Town of Niles based on the said professional's evaluations of the nature and complexity of the application.
B. 
The applicant/appellant shall be provided with copies of any voucher for such services as they are submitted to the Town. The applicant/appellant shall be provided with an accounting of the reimbursements made from the escrow account to the Town upon the applicant's/appellant's request.
C. 
Any professional engaged by the Town shall report monthly to the Town Clerk the monetary value of their services rendered on each project.
D. 
When the balance in such escrow account is reduced to 1/3 of its initial amount, the Town Clerk shall advise the applicant/appellant and the applicant/appellant 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/appellant is notified, in writing, of the requirement for such additional deposit, the reviewing board may suspend its review of the application, appeal or matter under review. An application, appeal or matter under review shall be deemed incomplete if any amount shall be outstanding.
E. 
A building permit, other permit, or approval by the respective board being sought shall not be issued unless all professional review fees charged in connection with the applicant's/appellant's project have been reimbursed to the Town from said escrow account.
F. 
All fees required pursuant to this article shall be collected by the Town Clerk.
G. 
This article shall be applicable to applications and appeals of matters under review pending at the time it shall become effective, unless the reviewing board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this article shall be applicable to a pending application, appeal or matter of review, it shall, in such event, require an applicant/appellant only to pay for professional fees for the services rendered after it shall have become effective. Where this article shall be applicable to an appeal, the board responsible for the review of same may waive the requirement for an escrow account and may establish reasoned reimbursement criteria in light of the nature, complexity and time expenditures of consultants inherent in undertaking a complete and proper review of the appeal.
The Town Clerk and Town Bookkeeper shall keep records of all escrow deposits and associated reimbursements made to the Town.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing in the office of the New York State Secretary of State.