[Amended 9-1-1994 by L.L. No. 3-1994; 3-6-1997 by L.L. No.
2-1997; 12-2-1999 by L.L. No. 7-1999; 12-30-1999 by L.L. No.
8-1999; 2-3-2000 by L.L. No. 1-2000; 11-16-2000 by L.L. No.
4-2000; 4-5-2001 by L.L. No. 2-2001; 5-6-2010 by L.L. No. 4-2010; 11-5-2015 by L.L. No. 5-2015; 9-1-2016 by L.L. No. 4-2016]
A.
Review fees.
(1)
Review fees required by this chapter (§ 151-44) shall be paid to the Town prior to an application being added to the Planning Board agenda or prior to an application for a one-lot or one-parcel residential subdivision being reviewed by the Code Enforcement Officer and engineer for the Town as set forth in § 151-18. Said fees are set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fees have been and shall be determined by Town Board resolution. As more specifically set forth in the Walworth Fee Schedule, said fees shall include fees for:
(a)
Each application pertaining to which subdivision,
site plan and/or special use permit approval is requested in a residential
development;
(b)
Any residential or nonresidential development
in which an extension of a special use district is requested by the
developer;
(c)
Each parcel resulting from the subdivision of
residential or nonresidential land without the approval to construct
a building;
(d)
Each 100 square feet of building area applied
for in any nonresidential development.
B.
If as part of an application for preliminary subdivision
approval or site plan approval percolation tests are required, the
applicant shall pay to the Town with the application a fee for the
same as set forth at the Town of Walworth Fee Schedule on file with
the Walworth Town Clerk, which fee has been and shall be determined
by Town Board resolution.
[Amended 3-6-1997 by L.L. No. 2-1997; 3-20-2003 by L.L. No.
1-2003; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
A.
Reimbursement
of inspection costs and security. The developer shall be responsible
for promptly reimbursing the reasonable cost to the Town of inspections
of its project, including inspections/reporting conducted by inspectors/engineers
retained on behalf of the Town as well as by Town employees, such
as building inspectors. Prior to any right to commence construction,
including site work, the developer shall provide to the Town of Walworth
security, including in the form of escrow or a letter of credit, all
as more specifically provided in the Town's Design Criteria and Specifications,
to cover the cost to the Town of all such inspections.
B.
Actual
cost; audit. The cost to the Town shall be based upon the actual costs
incurred by the Town, including any vouchers which may be submitted
by nonemployees for any inspections made on behalf of the Town. The
Town Board shall review and audit the vouchers and approve payment
of only such fees that are reasonable in amount and necessarily incurred
by the Town in connection with inspection costs.
C.
Insufficient
security. If at any time during the inspection process or upon completion
of the inspection process, but before offer of dedication by the developer
of any improvements to be conveyed to the Town by deed or easement,
there shall be insufficient monies on hand to the credit of the developer
to reimburse the Town for actual costs of the inspections or if it
shall reasonably appear to the Town that such monies will be insufficient
to reimburse the Town for inspection expenses not yet incurred but
anticipated, upon notification of the same by the Town, the developer
shall deposit with the Town additional funds that the Town deems necessary
or advisable in order to meet such expenses or anticipated expenses.
D.
Release.
Upon the offer by the developer and acceptance of and dedication by
the Town Board of any improvements to be conveyed to the Town by deed
or easement, then in that event, the sums remaining in the account
to the credit of the developer shall be returned to the developer
along with a statement of the monies paid.
E.
Failure
to comply. If inspection fees or security therefor are not paid as
and when required by this section, no building permit or corresponding
certificate of occupancy or certificate of compliance will be issued
until the required fees are paid. It is the intent of this section
that the inspection fees incurred as a result of inspections made
by the Building Inspector, Code Enforcement Officer or other inspectors
hired or contracted by the Town upon recommendation of the engineer
for the Town shall ultimately be paid by those that seek to profit
from such development rather than the general Town funds, which are
raised by assessments paid by the taxpayers.
F.
This section
is enacted under authority of the Municipal Home Rule Law. To the
extent that Town Law §§ 274-a, 276 and 277 do not authorize
the Town Board or the Planning Board to require the reimbursement
to the Town of costs as provided in this chapter, it is the express
intent of the Town Board to change and supersede such statute. More
particularly, to the extent statutes do not authorize deferral or
withholding of a building permit/certificate of occupancy/certificate
of compliance in the event such expenses are not paid to the Town,
it is expressly the intent of the Town Board to change and supersede
Town Law §§ 274-a, 276 and 277 to empower the Town
to require such payments as a condition of issuing a building permits/certificates.
[Amended 1-15-1998 by L.L. No. 1-1998; 5-4-2006 by L.L. No.
3-2006; 11-5-2015 by L.L. No. 5-2015]
Sewer hookup fees shall be paid to the Town
upon application for a building permit to construct a structure on
any lot or parcel. Such application shall not be deemed complete until
the sewer hookup fee is paid. The amount of the fee is set forth at
the Town of Walworth Fee Schedule on file with the Walworth Town Clerk,
which fee has been and shall be determined by Town Board resolution.
[Amended 6-1-1995 by L.L. No. 2-1995; 11-5-2015 by L.L. No. 5-2015]
A water system connection fee shall be paid
to the Town upon application for water service. Such application shall
not be deemed complete until the connection fee is paid. The fee is
to cover the cost of labor and materials, including but not limited
to the cost of installation of a water meter, and any miscellaneous
costs which may be incurred by the Town. The amount of the fee shall
be the same fee charged the Town for the applicant's installation
by the Wayne County Water and Sewer Authority, plus an additional
amount set forth at the Town of Walworth Fee Schedule on file with
the Walworth Town Clerk, which fee has been and shall be determined
by Town Board resolution.
