The areas and boundaries of such districts are
hereby established as shown on a map entitled the "Revised Zoning
Map of the Town of Haverstraw," dated August 13, 1990, and referred
to herein as the "Zoning Map." Said Zoning Map, together with everything
thereon, is hereby made a part of this chapter.
After the effective date of this chapter, all new construction or development and every change, enlargement or relocation of use and every reconstruction or structural alteration of a building or nonbuilding use and every change in bulk shall conform to the use and bulk regulations of this chapter. All new buildings and all newly developed land and nonbuilding uses may be used for any purpose permitted or required by the regulations of the appropriate zoning district, and for no other purpose whatever. Existing nonconforming bulk may continue, subject to the regulations in Article
X.
[Added 1-22-2001 by L.L. No. 6-2001;
amended 1-28-2002 by L.L. No. 1-2002; 4-11-2005 by L.L. No. 2-2005]
A. Notwithstanding any inconsistent provision of any
local code, rule, regulation, law or ordinance, any Town board or
commission (reviewing board) where a permit or approval is required
by local law, rule, regulation or ordinance shall, before permitting
use of or construction on, under or adjacent to real property, require
the applicant to deposit funds with the Town sufficient to reimburse
the Town for all reasonable costs of planning, engineering, legal,
architectural, accounting and/or other consultants deemed appropriate
by each reviewing board utilized in connection with the review of
any application. At the time of the first hearing or appearance on
the application, the reviewing board shall fix the amount of the initial
deposit (escrow) to be made by the applicant. The Town's consultants
shall invoice the Town no less frequently than monthly for services
in reviewing each application and performing their duties with respect
to such application. If at any time during the review process the
amount of the escrow account falls below 50% of the initial escrow
(as determined by the reviewing board), then the applicant shall be
required to submit an additional deposit to bring the total escrow
up to the full amount of the initial deposit (as determined by the
reviewing board), unless the reviewing board otherwise waives such
requirement.
B. In the event the amount held in escrow by the Town
is more than the amount of the actual billing or invoicing, the difference
between such amount and the actual billing or invoicing shall be promptly
refunded to the applicant after final action is taken on the application.
C. In the event the amount of escrow is less than the
full amount actually charged by the Town's consultants, the applicant
shall promptly pay any remaining balance.
[Added 4-11-2005 by L.L. No. 2-2005]
All invoices for fees charged to applicants
by consultants shall be reviewed and approved by the Town as to reasonableness
before payment by the Town, and the applicant shall be provided with
copies of the invoices charged against the escrow deposit. In the
event an applicant believes that the charges invoiced are excessive,
the applicant may file a written protest to the Town Board, within
15 days of receipt of the invoice, questioning such invoice, and the
Town Board shall review the protest by the applicant and provide the
applicant with a written response within 15 days of receipt of the
protest.
[Added 4-11-2005 by L.L. No. 2-2005]
In the event an applicant fails to make any
escrow payment required and/or fails to pay the full amount billed
for consultant fees, the reviewing board shall adjourn any pending
application and/or withhold final approval until such payment is made.
In the event final approval has been granted and an outstanding balance
for consulting fees remains unpaid, the Building Inspector shall not
grant a building permit and/or certificate of occupancy until payment
of approved outstanding consulting fees has been made in full.
[Added 4-11-2005 by L.L. No. 2-2005]
A. All laws, ordinances, rules and regulations of the
Town of Haverstraw are modified and superseded by this article with
respect to their application to fees which may be charged with respect
to applications for land use permitting or approvals.
B. This article shall modify and supersede, with respect
to the properties covered thereby, the provisions of Article 16 of
the Town Law of the State of New York, Executive Law Article 42, and
Navigation Law Article 4 of the State of New York.