[HISTORY: Adopted by the Town Board of the Town of Manchester as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-1986 by L.L. No. 4-1986 (Ch. 90, Art. I, of the 1989 Code)]
The Town Board of the Town of Manchester from time to time has heretofore by local law, ordinance and resolution, within its legislative jurisdiction and power, established various fee schedules, charges and expenses incidental to and necessary for the implementation and administration of various governmental activities. With the fluctuation of costs, this Town Board desires to be able to establish, alter or amend fee schedules, charges and expenses in an expeditious manner by resolution.
The Town Board of the Town of Manchester from time to time may establish, amend or alter any schedule of fees, charges and/or expenses over which it has jurisdiction by resolution duly adopted by the Town Board.
[Adopted 6-8-1999 by L.L. No. 3-1999 (Ch. 90, Art. II, of the 1989 Code)]
This article shall be known as the "Fee Reimbursement Local Law."
This article shall be applicable to all administrative costs, expenses and disbursements incurred by the Town of Manchester in reviewing and processing municipal applications which may or may not be approved.
The purpose of this article shall be to provide to the Town of Manchester the authority to recoup and be reimbursed for their administrative and out-of-pocket costs and expenses incurred in processing of municipal applications.
For the purposes of this article, the following phrases and words shall have the meanings assigned below, except in those instances when the context indicates a different meaning:
- ADMINISTRATIVE COSTS
- Those charges incurred by the Town in processing and reviewing municipal applications within the Town of Manchester, including, but not limited to:
- ATTORNEY FEES
- Those fees billed to the Town by its Town Attorney or any special counsel as paid, approved and audited by the Town Board and adopted by Town Board resolution.
- ENGINEERING COSTS
- Those fees billed to the Town by its Town Engineer or any engineer as paid, approved and audited by the Town Board and adopted by Town Board resolution.
- MUNICIPAL APPLICATION
- Including, but not limited to, zoning, rezoning, subdivision, site plans, special use permits, variances, building permits, clearing and grading permits, waste management facilities permits, adult entertainment licenses and any other permits, licenses or approvals granted by the Town of Manchester.
All administrative expenses incurred by the Town in the review and processing of the applications shall be charged back to the applicant as a fee related to the application submitted.
As a condition to any application, the property owner, applicant, agent and representative of said property shall acknowledge in writing their obligations of fee reimbursement consistent with this article, and the owner, applicant and agent shall be jointly and severally obligated to reimburse the Town of Manchester for all costs incurred in conjunction with any such application.
In the event that the Town of Manchester is required to refer for collection any outstanding cost or charge for any reimbursement as set forth in this article, the applicant and/or property owner or property owner's agent shall, in addition to the reimbursements, be obligated to pay a reasonable attorney's fee and costs incident to any action commenced by the Town to collect such fees. Reasonable attorney fees shall also include any disbursements that may result from the commencement of litigation.
Any applicant as defined above shall be deemed to be in default of their obligation of fee reimbursement for their failure to remit said reimbursements within 30 days of notice to pay.
The Town may assess penalties at the rate of 1% per month for delinquent reimbursements.