[HISTORY: Adopted by the Town Board of the
Town of Esopus 5-20-1991 by L.L. No. 3-1991. Amendments noted where
applicable.]
A.
Intent. The intent of this legislation is to make
available to the Planning Board and the Zoning Board of Appeals and
the Town Board expertise and professional resources in making final
determinations on subjects requiring an expertise not usually possessed
by volunteer boards of citizens, including, but not limited to, engineering,
land use planning, architecture, law, surveying, environmental and
ecological concerns.
B.
Purpose.
(1)
The purpose of this legislation is to give the Town
Board, the Planning Board and the Zoning Board of Appeals the resources
to hire experts to help guide them through the various phases of review
and approval of subdivisions, site plans, special use permits, variance
and zoning amendments and the environmental review (SEQRA) process
as the Boards may find reasonable and necessary to arrive at a decision
on the developers' proposal(s).
[Amended 11-19-2009 by L.L. No. 11-2009]
(2)
It is further the purpose of this legislation to shelter
the residents of the Town of Esopus from incurring any costs for expert
or professional advice to its Planning Board, Zoning Board of Appeals
and Town Board from persons who have plans for developing lands in
the town.
(3)
Since the applicant will receive a benefit from the
actions of the Town Board, the Planning Board or the Zoning Board
of Appeals, every developer must pay the full cost of experts engaged
by the Planning Board, the Zoning Board of Appeals or the Town Board
which the members of such Board(s) believe to be reasonable and necessary
to aid them in making decisions on technical matters.
A.
[1]Any person, firm or corporation desiring to subdivide a tract of land, gain approval of a site plan or special use permit, appeal a decision of the Building Inspector to the Zoning Board of Appeals or obtain an amendment to Chapter 123, Zoning, or the Zoning Map shall pay application fees to the Town Clerk in accordance with a fee schedule adopted by the Town Board.
[Added 7-8-1992 by L.L. No. 4-1992;
amended 11-19-2009 by L.L. No. 11-2009]
[1]
Editor's Note: Former Subsection A, regarding
fees, was repealed 7-8-1992 by L.L. No. 3-1992.
B.
In addition to the fees set forth in Subsection A above, the following procedures shall apply to the applications for subdivisions of more than three lots, site plans or special use permits for more than three dwelling units or 2,500 square feet of nonresidential floor area or other commercial development, or any amendment to Chapter 123, Zoning, or the Zoning Map (including planned unit developments):
[Amended 11-19-2009 by L.L. No. 11-2009]
(1)
Upon receipt of an application for sketch plan review of a subdivision or presubmission review of an application for site plan review or a conditional use permit or a petition for an amendment to Chapter 123, Zoning, or the Zoning Map, the reviewing board shall require that funds be deposited with the Town Supervisor in an amount recommended by the reviewing board as sufficient to cover the cost of necessary professional reviews.
(2)
The funds aforesaid are to be maintained by the Supervisor
of the Town of Esopus in an interest-bearing escrow account. The escrow
account shall be charged for both SEQRA-related and administration
fees as set forth herein. Such fees shall include all of the environmental
review fees, consultants' fees, engineering fees, legal or accounting
fees, time spent on the project by the attorney for the town, as well
as the fees of any other experts the Town Board, the Planning Board
or the Zoning Board of Appeals may find reasonable and necessary to
carry out their duties and functions.
(3)
The town will, on a monthly basis, send copies of
all bills associated with an applicant's project to the applicant
at the address given on the application. Upon receipt of copies of
the bills, the applicant will have 10 days from the date of mailing
to object to any bill which he (it) deems unreasonable. Thereafter,
the Town Board, by majority vote, will have the sole discretion to
pay such bills and release the funds to the town's consultants.
(4)
[2]The escrow account set forth in Subsection B(2) above must always be maintained at a balance set forth in Subsection B(1) above. Upon written notice submitted on or about the first day of each and every month, the applicant shall be obligated to replenish the escrow fund within 15 days after notice in order to always maintain the balance in the account set forth in Subsection B(1) above.
[Added 7-8-1992 by L.L. No. 4-1992]
[2]
Editor's Note: Former Subsection B(4), regarding
maintenance of the escrow fund, was repealed 7-8-1992 by L.L. No.
3-1992.
C.
Upon the failure of the applicant to replenish the
fund within 15 days after notice, the entire review process shall
come to a halt. The Planning Board, the Town Board and/or the Zoning
Board of Appeals shall not further consider the applicant's proposal
or place the project on the Board's agenda unless and until the escrow
fund is replenished in full.
D.
Upon the completion of the project or in the event
that the project is withdrawn or abandoned, any sums remaining on
deposit after payment of all fees, costs and disbursements owed to
or incurred by the town shall be refunded to the applicant, with accumulated
interest, within 45 days. However, in the event that litigation by
or concerning the developer is either pending or imminent, the escrow
funds shall not be released until all of the current, threatened or
imminent litigation has been finally disposed of at the trial or appellate
levels.
E.
The applicant shall reimburse the town for all legal
fees generated by the applicant. Without meaning to limit the generality
of the foregoing, the applicant shall pay the town reasonable legal
fees in the event that the applicant sues the town, or the town sues
the applicant, or a third party sues the town and/or the applicant,
and the town must defend itself in the courts. As used herein, "town"
shall include, but not be limited to, any town officers, the Town
Board, the Planning Board and the Zoning Board of Appeals.
F.
In addition to the above, all costs and expenses mandated
by SEQRA (Article 8 of the Environmental Conservation Law and 6 NYCRR
617) shall also be paid by the developer.
G.
The applicant must also pay for the variable and allocable
fixed administrative costs associated with the application, such as
clerical time, costs of printing and publication, costs of photocopying
by town staff and various other miscellaneous matters associated with
the project.
Should any section or provision of this chapter
be declared by the courts to be unconstitutional or invalid, such
decision shall not affect or impair the validity of this chapter as
a whole or any part thereof other than the particular provision as
declared to be unconstitutional or invalid.
This chapter shall become effective upon filing
with the Secretary of State.
