[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 105.
[Adopted 6-22-1994 by L.L. No. 14-1994]
The powers delegated to the Town Board under Article 16 of the Town
Law provides authority for making an applicant for administrative or legislative
land use development approvals responsible for payment of the cost of consultants
retained by the town to review the adequacy and substance of such applications.
However, to the extent that the subject matter of this Article may be deemed
inconsistent with the provisions of § 20, Subdivision 2, §§ 261,
274-a, 276 and 277 of the Town Law and 6 NYCRR 617.17, the Town Board finds
that the subject matter is appropriate for exercise of its powers to amend
and supersede provisions of the Town Law under Municipal Home Rule Law § 10,
Subdivision 1(ii)d(3), and § 22, Subdivision 1. The Town Board finds
that these matters are of particular local concern and are within the legislative
powers vested under Municipal Home Rule Law § 10, Subdivision 1(ii)a(12)
and 1(ii)a(14). To the extent that the aforesaid sections of the Town Law
are deemed inconsistent with this Article, they are superseded or amended.
[Amended 2-28-1996 by L.L. No. 2-1996; 9-5-2007
by L.L. No. 16-2007]
When an action that is subject to the State Environmental Quality Review
Act[1] involves an application before the Town Board, the Planning Board
or the Zoning Board of Appeals (hereinafter the "permitting authority"), the
permitting authority may, if such permitting authority is the lead agency
of the SEQRA review, establish an escrow account for expense of the review,
which would be replenished from time to time to recover the actual cost to
the Town or the actual cost incurred by a non-Town agency to whom the permitting
authority refers the application in whole or part for preparation or reviewing
the environmental assessment form (EAF), environmental impact statement (EIS),
the SEQRA findings, notices and all other requirements that are incidental
to the SEQRA review process. Such fees may be imposed on the applicant by
the lead agency and shall not exceed the amounts allowable under 6 NYCRR 617.13(b)
through (d), except for non-SEQRA-related matters as provided for herein.
Such fees may be imposed on an applicant for costs incurred by the Town for
environmental and planning services, professional engineering services, historic
preservation services, legal services and such other professional services
as, in the judgment of the lead agency, are appropriate. Any referral must
be pursuant to the authorization from the permitting board upon receipt of
an estimate of the consultant's fee before proceeding with any consultant's
review.
[1]
Editor's Note: See Environmental Conservation Law, Art. 8.
[Amended 2-28-1996 by L.L. No. 2-1996; 9-5-2007
by L.L. No. 16-2007]
Where an applicant submits an application for a rezoning, site plan,
subdivision, area or use variance or special use permit to the Town Board,
Planning Board or the Zoning Board of Appeals for an action or approval that
is exempt or excluded from SEQRA, the Town Board, the Planning Board and the
Zoning Board of Appeals may require the applicant to compensate the Town for
the actual cost of professional environmental, engineering, inspections, planning,
historic preservation, legal and other services rendered to the permitting
authority or the actual cost incurred by a non-Town agency to whom the permitting
authority refers the application in whole or part prior to a final determination
of the application by the permitting authority. Said fee shall be in addition
to any other fees or administrative costs incurred for review by the Town
of Poughkeepsie.
[Amended 9-5-2007 by L.L. No. 16-2007]
In all cases where the Town Board, the Planning Board or the Zoning
Board of Appeals approves a negative declaration in connection with an action
governed by SEQRA, the actual cost of professional environmental, planning,
engineering, historic preservation, legal and other services provided to the
permitting authority between the time of receipt of the application and the
final determination on the requested action by the permitting authority or
the actual cost incurred by a non-Town agency to whom the permitting authority
refers the application in whole or part may be imposed on the applicant in
the same manner as prescribed in § 93-3 herein. The costs to the
applicant imposed under this section shall not exceed the limit set forth
in 6 NYCRR 617.13 (b) through (d).
Where the permitting authority possesses authority under SEQRA or this
Article to impose costs or fees on an applicant as described in this Article
and where such permitting authority determines that an applicant will be required
to make payments to the town as provided in this section, such permitting
authority may approve a resolution establishing the amount of money that the
applicant is initially required to deliver to the Town Controller for deposit
in a Town of Poughkeepsie non-interest-bearing escrow account maintained by
the Town of Poughkeepsie for custody of funds collected pursuant to this Article.
The applicant may be required by the permitting authority from time
to time to deliver additional funds to the Town Controller for deposit in
the escrow account if such additional funds are required to pay for services
rendered to the town or anticipated to be rendered.
The Town Board, the Planning Board or the Zoning Board of Appeals, as
applicable, shall not make any final determination in a matter pending before
it until all applicable fees and reimbursable costs imposed by the permitting
authority on the applicant under authority of this Article have been paid
to the Town Controller with reasonable written proof of such payment delivered
to the Chairman or Secretary of the permitting authority.
Escrow funds may be refunded to the applicant when the applicant formally
withdraws the application from consideration by the permitting authority,
and all actual reimbursable fees incurred by the town are 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
being withdrawn or being finally acted on.
The imposition of fees authorized in this action are in addition to
and not in place of such other fee schedules currently in force.
This Article shall not apply to area variance applications for residential
uses on property entirely in a residential zone.
In the event of an applicant's failure to reimburse to the town
funds expended to consultants as provided herein, the following remedies may
apply:
A.
The town may seek recovery of billed and unpaid fees
by bringing an action venued in a court of appropriate jurisdiction, and the
applicant shall pay the town's reasonable attorney fees in prosecuting
such action in addition to any judgment.
B.
Alternatively, and at the sole discretion of the Town
Board, an applicant's failure to reimburse the town for fees expended
by the town may be collected by charging such sums against the real property
that is subject to the permit application and by adding that charge to and
making it a part of the next real property tax bill associated with the subject
property. Such charges shall be levied and collected at the same time and
in the same manner as general town taxes, and such fees shall be paid by the
Receiver of Taxes to the Town Controller to be applied to the escrow fund
from which the costs for fees are paid. Prior to incorporating such delinquent
fees into the real property tax bill, the Town Controller shall send written
notice to the applicant's address as contained in the permit application
and to the property owner, if other than the applicant, at the owner's
address of record as contained in the current assessment roll. Such written
notice shall be sent by the Town Controller by certified mail, return receipt
requested. Such notice shall inform the owner and applicant of the delinquent
amount of fees owed to the town and shall be mailed or delivered no later
than 10 calendar days from the hearing date set forth in the notice unless
such time period is waived by the owner-applicant, in writing. After the hearing,
the Controller shall be empowered to correct any errors in the fees owed by
the owner or applicant and to extend terms of payment and adequate security
of the debt and enter into a written agreement with the owner or applicant
to facilitate the payment in full of the fee.
A.
In the event of adoption of a local law rezoning a property
by request of the owner, the Town Clerk shall determine from the Town Controller
if all outstanding consultant fees have been paid by the applicant prior to
submitting such rezoning local law to the New York State Secretary of State.
Such local law shall not be filed with the Secretary of State until such outstanding
fees have been reimbursed to the town or the Town Controller has entered into
a written agreement with the applicant extending the time of payment of such
fees.
B.
In the event of a site plan approved by the Planning
Board pursuant to § 274-a of the Town Law of New York State, the
Planning Board Chairman shall determine from the Town Controller if all outstanding
consultant fees have been paid or the Town Controller has entered into a written
agreement with the applicant extending the time of payment of such fees prior
to affixing his or her signature to the site plan. All such outstanding consultant
fees billed to the applicant during the application process shall be paid
in full to the town prior to the Planning Board Chairman affixing his or her
signature to the site plan.
C.
In the event of a subdivision plat approved by the Planning
Board pursuant to § 276 of the Town Law of New York State, the Planning
Board Chairman shall determine from the Town Controller if all outstanding
consultant fees have been paid by the applicant or the Town Controller has
entered into a written agreement with the applicant extending the time of
payment of such fees, prior to affixing his or her signature to the final
plat.
The Town Controller shall set up escrow funds as part of a trust and
agency fund item whereby consultant fees incurred by the town pursuant to
this Article shall be audited and paid from such special fund and not the
general fund. The Controller is empowered to delegate to the Planning Board
Secretary and the Zoning Board Secretary and the bookkeeper the functions
of having custody of escrow account records.
This Article shall apply to all land use permit applications pending
before the Town Board, Planning Board or Zoning Board of Appeals at the time
when this article is filed with the Secretary of State. All consulting fees
incurred by the town thereafter shall be paid as provided herein.
