Town of West Bloomfield, NY Chapter 105 Professional Service Fees

[HISTORY: Adopted by the Town Board of the Town of West Bloomfield 12-12-1990. Amendments noted where applicable.]

§ 105-1 Payment by applicant.

All engineering and legal fees incurred by the Town in review of any application submitted for municipal approval shall be paid for by the applicant for said municipal approval.

§ 105-2 Engineering and legal fees.

The following fees shall be paid by the applicant:

A. Payment of all engineering and legal fees associated with environmental review of any project shall be charged to and paid by the applicants prior to the final issuance of a decision on the underlying application.

B. Payment of all engineering and legal fees associated with an application for rezoning of real property shall be a condition of such application and for approval and shall be charged to and paid by the applicant prior to the final filing of any resolution amending the Town Zoning Map or within 90 days of final disposition of the application, whichever is sooner.

C. Payment of all engineering and legal fees associated with an application for subdivision approval shall be paid as follows:

[Amended 5-14-2014 by L.L. No. 2-2014]

(1) For concept approval: together with the application for preliminary subdivision approval or within 90 days of the disposition of the application for concept approval, whichever is sooner.

(2) For preliminary subdivision approval: together with the application for final subdivision approval or within 90 days of the disposition of the application for preliminary subdivision approval, whichever is sooner.

(3) For final subdivision approval: prior to signature of the final subdivision plat by the Chairman of the Planning Board or within 90 days of the disposition of the application for final subdivision approval, whichever is sooner.

D. Payment of all engineering and legal fees associated with an application for a zoning variance or other relief from the Zoning Board of Appeals or the Planning Board (other than subdivision) shall be a condition of such application and/or approval and shall be charged to and paid by the applicant prior to the final filing of the resolution granting the relief sought or within 90 days of final disposition of the application, whichever is sooner.

E. Payment of all engineering and legal fees associated with an application for a building permit shall be a condition of such application and/or approval and shall be charged to and paid by the applicant prior to the issuance of any certificate of occupancy or within 90 days of final disposition of the application, whichever is sooner.

F. Payment for engineering and legal costs associated with inspection and sign-off of all improvements secured by a letter of credit shall be secured by said letter of credit by provision of additional security in the sum of 4% of the proposed improvement secured for the Town's engineering and legal costs and 4% to secure the services of applicant's engineer for site inspection purposes. This security shall not serve as a limit upon the obligation of the applicant for the entire cost of the Town's engineering and legal costs, which shall be fully payable, with or without recourse to the letter of credit, within 30 days of the inspection or sign-off, which is sooner.

§ 105-3 Notification of applicants of fees.

[Amended 5-14-2014 by L.L. No. 2-2014]

A. The agent or employee of the Town issuing applications for municipal approvals shall notify all applicants for municipal approvals of these fees and the responsibility of the applicants therefor. No application shall be accepted by a reviewing agency from any individual, entity or related party (defined below) that has unpaid professional service fees imposed by this chapter.

B. For purposes of this section the term "related party" means:

(1) Any affiliate or subsidiary of an entity that has unpaid professional service fees imposed by this chapter; or

(2) Any person who has any ownership interest in an entity, its affiliates or subsidiaries that has unpaid professional services imposed by this chapter.

§ 105-4 Applicability to pending applications.

The provisions of this chapter shall be effective regarding engineering and legal fees incurred from this date forward on pending applications after due notice to all pending applicants.

§ 105-5 Municipal approval to address fees.

All resolutions or decisions disposing of municipal approval applications shall address the fees imposed in this chapter; provided, however, that the failure to do so does not constitute a waiver of the Town's right to charge and collect said fees or relieve the applicant from the obligation to pay said fees.

§ 105-6 Waiver of fees by Town Board.

Upon proper application to the Town Board the Board may, in its sole discretion, upon good cause shown, waive any or all of said fees, which waiver shall be effective only by resolution duly adopted by the Board.