[HISTORY: Adopted by the Town Board of the
Town of Somers 7-18-1991 by L.L. No. 2-1991. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
[Amended 9-10-1992 by L.L. No. 13-1992; 12-9-2010 by L.L. No. 9-2010]
A.
The Town Board, the Planning Board, the Open Space Committee or the
Zoning Board of Appeals, in the review of any application, may refer
any such application presented to it to such engineering, planning,
legal, technical or environmental consultants or professionals employed
by the Town, as such Board or Committee shall deem reasonably necessary
to enable it to review such application as required by law. Charges
made by such consultants shall be in accord with charges usually made
for such services in the metropolitan New York region or pursuant
to an existing contractual agreement between the Town and such consultants.
Charges made by the town shall be in accord with the hourly rates
upon which the employee's actual salary is based and fringe benefits
and reasonable overhead. All such charges shall be paid on submission
of a town voucher. In the event that an application is required to
be reviewed by more than one Board, then, in such event and to the
extent practicable, both Boards shall use the same consultants, who
shall, in such case, to the extent practicable, prepare one report
providing the data, information and recommendations requested. In
all instances, duplications of consultants' reports or services
shall be avoided wherever possible in order to minimize the cost of
such consultants' reports or services to the applicant. The above
fees are in addition to any and all other fees required by any other
section of this chapter or any other town ordinance or regulation
of the Town Code.
[Amended 5-17-2012 by L.L. No. 3-2012]
B.
Procedure.
(1)
At the time a referring Board requests the services of a professional
employed or retained by the Town in the review of an application presented
to it, the referring Board shall adopt a scope of services to be performed
and request a maximum fee proposal from the professional to whom the
referral is made.
(2)
At the time the maximum fee proposal is received by the Board, it
shall be placed on the Board's next available agenda for review
with the applicant. In the event the Board and the applicant agree
with the maximum fee proposal, the Board may approve same. In the
event the Board and the applicant disagree with the maximum fee proposal,
the Board may adjourn the matter until such time as the professional
is available to attend a Board meeting to further review its fee proposal
with the applicant or some other arrangement is agreed upon among
all parties.
(3)
Until such time as the Board and the applicant are in agreement with
the scope of services and fee proposal, an application shall not be
deemed complete, and all relevant time periods shall be tolled pending
resolution of same.
(4)
In the event the professional submits a request to the Board to amend
the scope of services or otherwise increase the maximum fee proposal,
the procedure described above shall be utilized for its approval.
At the time of submission of any application,
or thereafter, the reviewing Board may require the establishment of
an escrow account, from which withdrawals shall be made to reimburse
the town for the costs of professional review services. The applicant
shall then provide funds to the town for deposit into such account
in an amount to be determined by the reviewing Board based on its
evaluation of the nature and complexity of the application. The applicant
shall be provided with copies of any town voucher for such services
as they are submitted to the town. When the balance in such escrow
account is reduced to 1/3 of its initial amount, the applicant shall
deposit additional funds into such account to bring its balance up
to the amount of the initial deposit If such account is not replenished
within 30 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the reviewing Board may suspend
its review of the application. A building permit or certificate of
occupancy or use shall not be issued unless all professional review
fees charged in connection with the applicant's project have been
reimbursed to the town. After all pertinent charges have been paid,
the town shall refund to the applicant any funds remaining on deposit.
All fees required pursuant to this chapter shall
be collected by the Clerk of the Board having jurisdiction over the
application.
This chapter shall be applicable to applications
pending at the time it shall become effective, unless the reviewing
Board shall determine that its application would be impracticable,
unfair or unjust in the particular circumstances. Where this chapter
shall be applicable to a pending application, it shall, in such event,
require an applicant only to pay for professional fees for services
rendered after it shall have become effective.
