[HISTORY: Adopted by the Town Board of the
Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
An environmental impact statement, as defined and described
in SEQRA.
The Town of Greece, Monroe County, New York.
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.
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.
