[HISTORY: Adopted by the Town Board of the
Town of Woodbury 6-2-1983 by L.L. No. 2-1983; amended in its entirety 4-17-2014 by L.L. No.
1-2014. Subsequent amendments noted where applicable.]
The purpose of this chapter is to authorize the Town Board to
adopt, by resolution, a schedule of fees and escrow deposits to be
charged in the administration of Town laws, ordinances, regulations
and resolutions.
The schedule of fees and/or escrow deposits of the Town of Woodbury,
including but not limited to fees and/or escrow deposits related to
permits, licenses, variances, parkland fees, peddling and soliciting
licenses, fees for access to public records, impound fees, petitions
for annexation, amendments to the official maps of the Town and its
districts and/or tax maps, amendments to the Town Code, and any other
submissions and/or petitions to the Town Board, which require the
use or employment of Town counsel, special legal counsel, bond counsel,
transaction counsel, or other legal advice or representation, planning
consultants, zoning consultants, engineers, accountants, experts,
appraisers or other professionals or persons that may be deemed reasonably
necessary to review, act, or otherwise provide advice and/or guidance
on any matter ("consultants") shall be set by the Town Board, and
shall be ratified or updated by resolution of the Board from time
to time as necessary. The current schedule of fees and/or escrow deposits
shall be maintained by the Town Clerk and shall be made available
to the public during normal business hours.
In the event that the fee and/or escrow deposit required for a particular
submission or application does not appear on the schedule adopted
by the Town Board, the Town Board shall set a fee and/or escrow deposit
that it reasonably expects will cover all necessary and appropriate
expenses to be incurred by the Town in connection with such submission
or application.
The Town Board, in the review of any submission or application which is presented to it whereby consultants are to be retained to advise the Board, may refer any such submission or application to such consultant as it shall deem necessary to enable it to review such submission or application as required by law. The amount of the fee shall be determined pursuant to the provisions of Subsection C(2).
Escrow. The applicant shall deposit with the Town Clerk an escrow
to cover the costs to be incurred by the Town for the aforesaid consulting
services or other special retained expert in connection with submissions
or applications before its boards. The initial amount of the aforesaid
escrow deposit shall be determined by the Town Board by resolution
as necessary. The Town Clerk or Treasurer shall cause statements to
be rendered to the applicant or other person(s) seeking relief or
otherwise responsible for payment, reflective of the actual expenses
of the Town. Such statements shall be due and payable upon presentation
or paid for from the active escrow account described herein.
Replacement of escrow account. If the escrow account falls below
20% of the initial deposit, and as often as necessary thereafter,
the Town Board may require that the applicant pay additional funds
into the escrow account up to an amount necessary to replenish the
initial deposit. In the event said applicant fails to deposit such
additional escrow, any further review, approval, permit or certificate
issuance may be withheld until such escrow deposit is made.
Reimbursement of escrow. In the event that an applicant shall withdraw
his or her application at any stage of the proceedings or when the
application review and approval process has been completed, the excess
funds in the applicant's escrow account, if any, either shall
be remitted to the applicant or, if so directed by the applicant,
shall remain on deposit as the applicant's initial payment toward
the post- approval inspection requirements.
Deficiency of account. The applicant shall be responsible for all
of the foregoing fees, notwithstanding that the escrow account might
be insufficient for said fees or expenses. In the event that the applicant
fails to pay any outstanding expenses or charges, said uncollected
fees or expenses shall be a lawful charge against the real property
of the applicant, petitioner or other person(s) seeking relief or
otherwise responsible, to be assessed, levied and collected in the
same manner provided for the levying and collection of real property
taxes. The lien of such assessment shall be prior and superior to
every other lien or claim, except the lien of existing tax assessment
or other lawful charge imposed by the state or political subdivision
or district thereof.
Review of application. No review shall be undertaken by the consultants
or the matter scheduled before the board until the escrow account
and all fees, as set forth herein, are paid.