Town of Greece, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 181.
Zoning — See Ch. 211.

§ 100-1 Findings.

Pursuant to the State Environmental Quality Review Act (New York State Environmental Conservation Law, Article 8) and its implementing regulations (6 NYCRR Part 617 et seq., the “SEQRA Regulations”) (collectively, “SEQRA”), the lead agency for the coordinated environmental review of a project that involves an applicant may charge a fee to the applicant in order to recover the actual costs of either preparing or reviewing a draft and/or final environmental impact statement. In accordance with SEQRA, the fees for residential and nonresidential projects are calculated by different methods.

§ 100-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EIS
An environmental impact statement, as defined and described in SEQRA.
TOWN
The Town of Greece, Monroe County, New York.

§ 100-3 Charges and fees for Type I permits.

Fees for Type I permits shall be calculated as follows:
A. 
Residential projects. An applicant for a residential project for which an EIS is prepared shall be charged a fee for all time spent by Town personnel for the review of such applicant’s EIS. Such fee shall not exceed 2.0% of the total project value. Such total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate), whichever is higher, plus the cost of all required site improvements, not including the cost of buildings and structures, as determined with reference to a current cost data publication in common use. An applicant may be required to submit an irrevocable letter of credit or certified check in an amount not to exceed 2.0% of the total project value as herein defined. Initially, the amount of such letter of credit or certified check submitted to the Town shall be as set forth from time to time by Town Board resolution. The Town may subsequently require that the applicant either increase such letter of credit or deposit additional funds if it becomes necessary due to the level of Town personnel expenses that may be incurred in the review of the EIS. The Town shall draw from such letter of credit or certified check for all personnel expenses related to the review of the EIS and shall return the balance to the applicant upon the completion of the EIS review process described in SEQRA.
B. 
Nonresidential projects. An applicant for a nonresidential project for which an EIS is prepared shall be charged a fee for all time spent by Town personnel for the review of such applicant’s EIS. Such fee shall not exceed 0.5% of the total project value. Such total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by the assessed valuation divided by equalization rate) whichever is higher, plus the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common use. An applicant may be required to submit an irrevocable letter of credit or certified check in an amount not to exceed 0.5% of the total project value as herein defined. Initially, the amount of such letter of credit or certified check submitted to the Town shall be as set forth from time to time by Town Board resolution. The Town may subsequently require that the applicant either increase such letter of credit or deposit additional funds if it becomes necessary due to the level of Town personnel expenses that may be incurred in the review of the EIS. The Town shall draw from such letter of credit or certified check for all personnel expenses related to the review of the EIS and shall return the balance to the applicant upon the completion of the EIS review process described in SEQRA.

§ 100-4 Appeals.

When a dispute arises concerning fees charged to an applicant by the Town, such applicant may make a written request to the Town setting forth reasons why the applicant believes that such fees are inequitable. Upon receipt of a request, the Town’s Director of Finance or his designee shall examine the Town record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit a project from being undertaken.