Whenever any subdivision of land is proposed,
before any contract is made for the sale of any part thereof and before
any permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner or his authorized agent or
representative shall apply for and secure the approval of such proposed
subdivision in accordance with the following procedure.
This procedure includes three steps for a minor
subdivision and four steps for a major subdivision and is set forth
as follows:
A.
Prior to a formal submission for a subdivision, an
applicant may submit an application to the Planning Board for an informal
presentation. The preapplication review shall not constitute a formal
application, and no approval can be granted based on such review.
B.
An informal presentation shall include all of the
following:
(1)
A survey of the property not more than six months
old, showing topography, with a contour interval of two feet, referred
to as "sea level datum."
(2)
General layout of streets, including existing
streets.
(3)
Lot layout.
(4)
Lot areas.
(5)
Easements.
(6)
Reservations of land.
(7)
Existing/proposed bodies of water and watercourses.
(8)
Surrounding properties, owners and land uses.
(9)
Existing services.
(10)
Existing drainage facilities.
(11)
Existing wetlands and boundaries of one-hundred-year
floodplains.
(12)
Entire land holdings of the applicant.
(13)
The title, name, address, signature and seal
of the professional surveyor or engineer and the date, including revision
dates.
C.
Minutes. At such a preapplication review, no minutes
shall be taken, and the Planning Board shall refer the applicant to
the Planning Board technical staff for comments.
D.
Fees. Upon the filing of an application for an informal
presentation for land subdivision, the following fee shall be payable
to the Town of Haverstraw: $25, plus $25 per lot for each appearance.
This fee may be changed from time to time by the Town Board's amending
this chapter.
A.
Application, contents, requirements and submissions.
An application for approval of a sketch plat shall fulfill the following
requirements. It shall:
(1)
Be made on forms available at the office of
the Secretary of the Planning Board.
(2)
Include an address and telephone number of an
agent located within the County of Rockland who shall be authorized
to receive all notices required by this chapter.
(3)
Include all contiguous holdings of the owner
with an indication of the portion proposed to be subdivided.
(4)
Be accompanied by an affidavit of ownership.
(5)
Be presented to the Secretary of the Planning
Board at least three weeks prior to a regular Planning Board meeting.
[Amended 1-22-2001 by L.L. No. 6-2001]
(6)
Be accompanied by a minimum of 16 copies of
the sketch plat containing the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(a)
Plans shall be drawn to a convenient scale,
not more than 100 feet to one inch.
(b)
A title block which includes the title of the
proposed subdivision, graphic scale, North arrow, date, property owner's
name and applicant's name and address and the name, address, signature
and seal of the licensed professional engineer or surveyor preparing
the sketch plat.
(c)
The location of property lines, existing easements,
burial grounds, railroad rights-of-way and watercourses.
(d)
Existing wooded areas or trees six inches or
more in diameter measured four feet above ground level.
(e)
The location, width and names of all existing
or platted streets or other public ways within or immediately adjacent
to the tract, and the names of adjoining property owners, existing
permanent buildings and utility poles on or immediately adjacent to
the site.
(f)
The location and size of existing sewers, water
mains, fire hydrants, culverts and other underground structures within
the tract and immediately adjacent thereto.
(g)
Preliminary proposals for connection with existing
water supply and sanitary sewerage systems, or alternative means of
providing water supply and sanitary waste treatment and disposal.
(h)
Preliminary provisions for collecting and discharging
surface water drainage, including the tentative location and size
of drains, culverts, catch basins, curbs, gutters and detention basins.
(i)
Topography with a contour interval of two feet,
referred to as "sea level datum."
(j)
The approximate locations and widths of proposed
streets.
(l)
The approximate location, dimensions and area
of all parcels of land proposed to be set aside for park or playground
use or other public use or for the use of property owners in the proposed
subdivision.
(m)
The location of temporary stakes, if required,
to enable the Planning Board, Town Engineer and other consultants
to find and appraise features of the sketch plat in the field.
(n)
The location of possible future street and drainage
system connections to abutting parcels when the sketch plat covers
only a part of an applicant's contiguous holdings.
(o)
A vicinity map showing streets and other general
development of the surrounding area within 500 feet of the subject
property.
(p)
The location of all school and improvement district
lines and zoning district lines, with the zones properly designated.
(q)
Whenever the provisions regarding average density
of § 281 of the New York State Town Law are applied, this
fact shall be properly noted by the subdivider on the preliminary
plat.
(r)
The approximate location of proposed buildings
and approximate first-floor, garage-floor and cellar-floor elevations.
(s)
Building envelope.
(t)
Required materials for SEQRA review.
B.
Fees. Upon the filing of an application for an approval
for sketch plat, the following fee shall be payable to the Town of
Haverstraw: $50, plus $50 per lot. This fee may be changed from time
to time by the Town Board's amending this chapter.
A.
General procedure. Following submission of the required
materials, the applicant and applicant's attorney, professional engineer
and/or surveyor of record should be prepared to attend the next regular
meeting of the Planning Board to discuss the sketch plat.
B.
Considerations.
(1)
At its meeting with the subdivider, the Planning
Board shall review the objectives of this chapter with regard to the
general layout of buildings, streets and other site improvements and
the requirements of street improvements, drainage, sewerage, water
supply, fire protection, streets, trees and similar aspects, as well
as the availability of existing services and other pertinent information.
(2)
The Planning Board will study the sketch plat,
taking into consideration the requirements of these subdivision regulations
and the best use of the land being subdivided. Particular attention
will be given to the arrangement, location and width of the streets,
their relation to the topography of the land, sewage disposal, drainage,
lot sizes and arrangement, the future development of adjoining lands
as yet unsubdivided and the requirements of the Official Map, as adopted
by the Town Board, and the Master Plan, as adopted by the Planning
Board.
C.
Classification.
(1)
Classification of the sketch plat is to be made at this time by the Planning Board as to whether it is a minor subdivision as defined by this chapter. If classified as a minor subdivision, the applicant, following tentative approval of the sketch plat, may proceed directly to the filing of an application for approval of a subdivision plat, as provided for in Article III, §§ A176-21 and A176-22, of this chapter.
D.
Referrals by town. The Planning Board shall refer
the sketch plat to the Town Engineer, Planning Consultant or other
appropriate town, county or state agency or official for technical
advice. The Town Engineer and Planning Consultant should be encouraged
to suggest to the subdivider and to the Planning Board any modifications
in the sketch plat which would result in an improved subdivision.
E.
Referrals to county agencies.
(1)
Pursuant to § 239-k of the General
Municipal Law, all subdivisions which abut or are related to a county
road or a county drainageway must be referred to the County Planning
Board and County Department of Highways.
(2)
All subdivisions which abut or are related to
a stream or drainageway or are located within 100 feet of a one-hundred-year
floodplain designated upon the Official Map of Rockland County shall
be referred by the town to the Rockland County Drainage Agency.
(3)
In addition, all subdivisions shall be referred
by the town to the Rockland County Soil and Water Conservation District.
F.
Staking. If required by the Planning Board, the boundaries
of a parcel proposed for subdivision and the approximate center lines
of all proposed roads shall be staked in order to facilitate field
inspection and review of the site of a proposed subdivision prior
to field inspection by the Planning Board.
G.
Determination on sketch and tentative approval of
layout.
(1)
After reviewing and discussing the sketch plat,
the Planning Board will advise the applicant, within 45 days of the
official submittal date, of specific changes or additions, if any,
it will require in the layout and the character and extent of required
improvements and reservations which it will require as a prerequisite
to the approval of the subdivision plat. This shall constitute tentative
approval of the sketch plat, but prior to the approval of the subdivision
plat, the Planning Board may require additional changes as a result
of further study of the subdivision in further stages of submission.
(2)
Said tentative approval shall constitute authorization
to prepare and submit a preliminary plat, in the case of a major subdivision,
or a final subdivision plat, in the case of a minor subdivision.
A.
Application, contents, requirements and submissions.
An application for approval of a preliminary plat shall fulfill the
following requirements:
(1)
Be made on forms available at the office of
the Secretary of the Planning Board.
(2)
Include all land which the applicant proposes
to subdivide.
(3)
Be presented to the Secretary of the Planning
Board at least three weeks prior to a regular Planning Board meeting.
[Amended 1-22-2001 by L.L. No. 6-2001]
(4)
Comply in all respects with the sketch plat
as tentatively approved by the Planning Board.
(5)
Be accompanied by a minimum of 16 copies of
the preliminary construction plans, which shall contain the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(b)
Profiles showing existing and proposed elevations
along the center lines of all roads. Where a proposed road intersects
an existing road or roads, the elevation along the center line of
the existing road or roads within 100 feet of the intersection shall
be shown.
(c)
The Planning Board may require, if requested
by the Town Engineer or Planning Consultant, where steep slopes exist,
that present elevations of all proposed streets shall be shown every
100 feet at five points on a line at right angles to the center line
of the street, and said elevation points shall be at the center line
of the street, each property line and points 25 feet inside each property
line. If requested by the Town Engineer or Planning Consultant, intersection
details shall be required as well.
(d)
Plans and profiles showing the locations and
typical cross sections of street pavements, including: curbs, gutters,
sidewalks, manholes and catch basins; the locations of street trees,
streetlighting standards and street signs; the location, size and
invert elevations of existing and proposed sanitary sewers, stormwater
drains and fire hydrants; and the exact location and size of all water,
gas, electrical, telephone, cable television or other underground
utilities or structures.
(e)
The location, size, elevation and other appropriate
description of any existing facilities or utilities at the point of
connection to the proposed facilities and utilities within the subdivision.
(f)
A grading plan wherein the elevation of each
lot corner, house corner, lowest floor of house, garage floor, the
edge of the driveway pavement and the slope of the driveway are shown.
A series of arrows indicating the movement of water after grading
shall be shown. In addition, soil erosion and sedimentation control
measures shall be shown. If determined by the Town Engineer, due to
the existence of difficult topographic problems, the grading plan
shall be presented at a greater scale than herein required and by
individual lot.
(h)
Notation of preliminary plat approval as follows:
|
Preliminary Plat Approved
| ||||
|
By:
| ||||
|
Owner
|
Date
| |||
|
| ||||
|
Planning Board Chairman
|
Date
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(i)
The title, name, address, signature and seal
of the professional engineer or surveyor and the date, including revision
dates.
(6)
Be accompanied by a minimum of 12 copies of
the preliminary plat, which shall meet the following requirements:
(a)
Be prepared by a licensed professional engineer
or qualified land surveyor, at a convenient scale of not less than
one inch equals 100 feet, and numbered in sequence if more than one
sheet is used. The plans shall show the name, address, signature and
seal of the professional engineer or surveyor.
(b)
The location of the property with respect to
surrounding property and streets, the names of all adjoining property
owners of record and the names of adjoining streets and the tax identification
numbers according to section, block and lot shall be shown.
(c)
The location and dimensions of all boundary
lines of the property.
(d)
The location of existing streets, sewers, drains,
water mains, easements, water bodies, streams and other pertinent
features such as wetlands, rock outcrops, railroads, buildings and
trees with a diameter of six inches or more, measuring four feet above
ground level shall be shown. The width of all proposed or existing
streets and easements should also be shown on the plat.
(f)
The location and dimensions of all property
proposed to be set aside for park or playground use or other public
or private reservations, with designation of the purpose thereof shall
be shown.
(g)
The name and address of the owner or owners
of the land to be subdivided, and the name and address of the subdivider,
if other than the owner shall be shown.
(h)
The date of the map, approximate true North
point, scale and title of the subdivision shall be shown.
(i)
Sufficient data acceptable to the Town Engineer
to determine readily the location, bearing and length of all lines
and to reproduce such lines upon the ground and the location of all
proposed monuments shall be shown.
(j)
The suggested names of all new streets and the
location of street name and traffic control signs and lighting standards
shall be shown.
(k)
Existing and proposed topography, at the same
scale as the sketch plat, with a contour interval of two feet, referred
to as "sea level datum" shall be shown. In addition, all data provided
shall be the latest applicable United States Coast and Geodetic Survey
data and should be so noted on the plat.
(l)
A proposed stormwater drainage plan showing
the elevations, locations and dimensions of pipes, structures, ditches
or streams shall be provided. When requested by either the Town Engineer
or Planning Consultant, the applicant shall submit a cross section
of drainage facilities.
(m)
The traffic control plan shall be shown.
(n)
The lighting plan shall be shown.
(o)
Whenever the provisions regarding average density
of § 281 of the New York State Town Law are applied, this
fact shall be properly noted by the subdivider on the preliminary
plat.
(p)
The following notations shall also be shown:
[1]
An explanation of all easements, if any.
[2]
An explanation of reservations, if any.
[3]
The endorsement of owner, as follows:
|
Approved for filing:
| ||
|
| ||
|
Owner
|
Date
| |
[4]
A form for endorsement by Board Chairman, as
follows:
|
Approved by resolution of the Haverstraw Town
Planning Board
| |||
|
| |||
|
Planning Board Chairman
|
Date
| ||
B.
Fees. Upon the filing of an application for an approval
for a preliminary plat, the following fee shall be payable to the
Town of Haverstraw: $75, plus $50 per lot. This fee may be changed
from time to time by the Town Board's amending this chapter.
A.
General procedure. The Planning Board shall schedule
a public hearing on the preliminary plat within 45 days after the
official submittal date of an application for preliminary plat approval,
unless extended by a written agreement between the applicant and Planning
Board.
B.
Public hearing.
(1)
The Secretary of the Planning Board shall submit
notices for publication, as required by the Town Law, and shall maintain
file copies for the plat and construction plans for public review
prior to the hearing.
(2)
The applicant shall mail notices of the public
hearing to abutting property owners by certified mail and shall submit
evidence of said mailing to the Planning Board. The cost of the required
mailings and publication of the notice of public hearing shall be
borne by the applicant. Preliminary approval cannot be granted without
a public hearing first being held.
C.
Determination. At the public hearing, the Planning
Board shall give an opportunity to any interested persons to examine
or comment upon the plat and construction plans. After the public
hearing, the Planning Board shall, within 45 days of the public hearing,
approve, modify or disapprove the preliminary application by resolution,
which shall set forth in detail any conditions to which the approval
is subject or reasons for disapproval, pursuant to § 276
of New York State Town Law.
D.
Revision of preliminary plat.
(1)
Based upon the above resolution, the applicant
shall have the preliminary plat revised, if necessary. This may require
correcting and completing the preliminary plat in final form or drawing
a new map.
(2)
In the event of approval or modification, a
final subdivision plat shall be prepared exactly as the approved preliminary
plat, except for any changes required by the Planning Board. The preliminary
construction plan shall also be completed in final form.
(3)
In the event of disapproval, the applicant may
initiate the subdivision plat review procedure from the sketch plat
stage or discontinue the application.
E.
Town Board approval of dedication. Before the Town
Board approves a preliminary plat showing park reservation proposed
to be dedicated to the town, the Planning Board shall obtain approval
of the park reservation from the Town Board; said action shall be
taken within 30 days after referral by the Planning Board.
F.
Tenure and extensions of Planning Board approval.
The approval of a preliminary plat shall be effective for a period
of six months. The Planning Board may, however, extend such approval
for an additional six-month period if requested on forms provided
by the Planning Board at least 30 days prior to the expiration of
the original approval. At the time of request for approval extension,
the applicant shall submit, if applicable, 12 revised copies of the
preliminary plat showing any changes within or adjacent to the holdings
covered by the plat and shall also indicate whether there has been
any final plat approval affecting any part of the applicant's holdings.
If such request is not received, then the tentative approval of the
preliminary plat shall be deemed to have expired.
A.
Application, contents, requirements and submissions.
An application for approval of a final plat shall fulfill the following
requirements. It shall:
(1)
Be made on forms available at the office of
the Secretary of the Planning Board.
(2)
Designate block and lot numbers in accordance
with the Town Tax Map as established by the Town Assessor.
(4)
Be presented to the Secretary of the Planning
Board at least three weeks prior to a regular meeting of the Planning
Board. The date of the first regular meeting of the Board following
the filing of a final plat approval application shall constitute the
official submittal date of the plat for the purposes of this chapter.
[Amended 1-22-2001 by L.L. No. 6-2001]
(5)
Comply in all respects with the sketch plat
or preliminary plat, whichever is applicable, as approved, depending
upon the classification of the subdivision.
(6)
Be accompanied by all formal offers of cession
to the public of all streets, utilities, parks and easements, deeds
in filing form, title policy and required filing fee, in a form approved
by the Town Attorney, and the final subdivision plat shall be marked
with a notation indicating said formal offers of cession as follows:
|
The owner, or his representative, hereby irrevocably
offers for gratuitous dedication to the Town of Haverstraw all the
streets, easements, parks and required utilities shown on the subject
subdivision plat and construction plans.
| ||
|
By
| ||
|
Owner or
Representative
|
Date
| |
|
The Planning Board may require, with regard
to parks, that the applicant deliver a deed to such park in proper
form for recording, together with a title policy for the Town of Haverstraw,
at the time of final application.
| ||
(7)
Be accompanied by the necessary performance
bond in the form and amount required by the appropriate Board upon
recommendation of the Town Engineer and the Town Attorney, and an
itemized list of the cost of all improvements shall be submitted.
The performance bond shall be in the form of cash, securities or a
letter of credit with no expiration date, approved by the Town Attorney.
(8)
Be accompanied by an affidavit by the applicant
declaring that the names of the property owners abutting and across
the street from the subdivision are correct as shown on the latest
tax assessment roll.
(9)
Be accompanied by an inspection and engineering fee in an amount to be determined on the basis of the provisions of § A176-39, and the applicant shall submit a statement, in writing, that he will cause to be created or extended any improvement district, as required by the Planning Board, pursuant to Article IV of this chapter.
(10)
Be accompanied by 12 copies of the final plat
and the construction plans, which shall include the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(a)
The final plat shall be at the same scale and
contain the same information, except for any changes or additions
required by resolution of the Planning Board, as shown on the preliminary
plat. The preliminary plat may be used as the final subdivision plat
if it meets these requirements and is revised in accordance with the
Planning Board's resolution.
(b)
All revision dates.
(c)
The notation of any self-imposed restrictions and locations of any building lines proposed to be established in this manner if required by the Planning Board in accordance with § A176-76.
(d)
The endorsement of the County Health Department,
if required.
(e)
Tax lot designations, as directed by the Town
Assessor.
(f)
Street addresses, if required by the post office.
B.
Fees. Upon the filing of an application for an approval
for a final plat, the following fee shall be payable to the Town of
Haverstraw: $100, plus $50 per lot. This fee may be changed from time
to time by the Town Board's amending this chapter.
A.
Endorsement of Rockland County Health Department.
The proposed final subdivision plat shall be properly endorsed by
the Rockland County Health Department, as required by the Rockland
County Sanitary Code, before being submitted to the Planning Board.
The plat should otherwise be in final form before submission to the
Rockland County Health Department for approval.
B.
Public hearing.
(1)
The Planning Board shall schedule a public hearing
on the final subdivision plat within 45 days after the official submittal
date of an application for final subdivision approval. Plats shall
be scheduled for the public hearing in order of their receipt. The
Secretary shall submit notices for publication, as required by New
York State Town Law, and shall maintain file copies for the plat and
construction plans for public review prior to the hearing.
(2)
The applicant shall mail notices of the public
hearing to abutting property owners by certified mail and shall submit
evidence of said mailing to the Planning Board. The applicant shall
be responsible for covering the cost of the mailings and publication
of the notice of public hearing.
C.
Referral to Rockland County Commissioner of Planning.
(1)
To comply with Article 12B, §§ 239-k
and 239-n of the General Municipal Law, all subdivisions in the following
locational categories shall be referred to the Rockland County Commissioner
of Planning prior to final action by the Planning Board:
(2)
If the Rockland County Commissioner of Planning
fails to report within a thirty-day period or such longer period as
may have been agreed upon by it and the referring agency, the Planning
Board may act without such report.
(3)
If the Rockland County Commissioner of Planning
disapproves the proposal or recommends modification thereof, the Planning
Board shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution fully setting forth the reasons
for such contrary action.
(4)
Within seven days after final action by the
Board, a report of the Board's final action shall be filed with the
Rockland County Commissioner of Planning.
D.
Public hearing and resolution approving or disapproving
application. At the public hearing, the Planning Board shall give
an opportunity to any interested persons to examine or comment upon
the plat and construction plans. After the public hearing, the Planning
Board shall, within 45 days of the public hearing, approve, modify
and approve or disapprove the subdivision application by resolution,
which shall set forth in detail any conditions to which the approval
is subject or reasons for disapproval, pursuant to § 276
of New York State Town Law. The forty-five-day time limit may be extended
by a written agreement between the applicant and the Planning Board.
E.
Revision of final subdivision plat. If required, the
applicant shall have the final subdivision plat revised based on the
above-noted resolution. The final subdivision plat shall be exactly
the same as the approved preliminary plat, except for any changes
required by the Planning Board. The construction plan shall also be
completed in final form as required by the Planning Board.
F.
Submission and review of revised final plat. After
completion of the final subdivision plat and construction plans in
accordance with the Planning Board's resolution, 12 copies of each
shall be submitted to the Planning Board for final review. No final
approval shall be endorsed on the plat by the Planning Board Chairman
until a review has indicated that all requirements of the resolution
have been met.
A.
Time of signing. The Chairman of the Planning Board
shall endorse approval on the plat after the bond has been approved
by the Town Board and all the conditions of the resolution pertaining
to the plat and payment of all fees have been satisfied.
B.
Number of copies to be signed. The Chairman shall
sign the Mylar original of the subdivision plat, which shall be returned
to the applicant, and 16 complete sets of the subdivision plat, six
of which shall be retained by the Planning Board, one by the Town
Highway Superintendent, two by the Town Tax Assessor, one by the Building
Inspector and one by the Planning Consultant.
[Amended 1-22-2001 by L.L. No. 6-2001]
C.
Plat void if revised after signature. No changes,
erasures, modifications or revisions shall be made in any subdivision
plat after approval has been given by the Board and endorsed, in writing,
on the plat. In the event that any subdivision plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Planning Board shall institute proceedings to have said plat
stricken from the records of the County Clerk. Any erasures made on
a plat prior to its signing shall be initialed by the Chairman at
the time of signing.
D.
Filing plat with County Clerk. In accordance with
New York State Town Law, the plat shall be filed with the office of
the County Clerk within 90 days of the date of the signing of the
plat. The approval of any plat not so filed shall expire 60 days from
said date. In accordance with the New York State Town Law, the County
Clerk shall notify the Planning Board, in writing, within three days
of the filing of the plat, identifying such plat by its title, date
of filing, book and map page and map number.
E.
Submission of copies of filed maps. The applicant
shall submit 12 copies of the final plat showing the endorsement of
the County Clerk to the Secretary of the Planning Board within 30
days of the date of filing.
[Amended 8-13-2012 by L.L. No. 3-2012]
A.
The approval of a final subdivision plat shall be
effective for a period of three years from the date of resolution.
If, at the end of the three-year period, the applicant has not completed
construction on any lot in the subdivision, the final subdivision
plat, as it applies to any lot on which construction has not been
completed (completion being evidenced by issuance of a certificate
of occupancy) shall, upon referral of the plat by the Building Inspector
to the Planning Board, be subject to modification by the Planning
Board in order to require compliance with any change in state and/or
local law and/or regulation as to requirements for wetlands, drainage
and/or emergency access, except that in no event shall the owner of
any such property be required to modify any public or private road
which has already been laid out with at least a base course nor modify
any utility or drainage structures constructed in accordance with
the original subdivision approval.
B.
In situations where the above time limit expires and
referral is made by the Building Inspector for modification, the owner
of the undeveloped lots shall file an application to the Planning
Board for modification of final subdivision approval upon the same
forms and following the same procedure as is required by this chapter
for final subdivision approval in the first instance.
A.
General procedure. The provisions of the State Environmental
Quality Review Act (SEQRA)[1] shall be complied with, as appropriate. The Planning Board
shall not render final approval until such time as all SEQRA requirements
have been complied with by the applicant. The Planning Board shall
review the required SEQRA information prior to granting any approvals.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
B.
Fees.
(1)
Fees for SEQRA processing are in addition to
other fees required by this chapter.
(2)
Environmental impact statement.
(a)
When an action subject to SEQRA involves an
applicant, the lead agency may charge a fee to the applicant in order
to recover the actual costs of preparing or reviewing the environmental
impact statement; provided, however, that an applicant may not be
charged a separate fee for both the preparation and review of an environmental
impact statement, and provided further that any fee charged must reflect
the actual costs to the lead agency for such preparation or review.
(b)
Where an applicant does not choose to prepare
the environmental impact statement, the agency shall provide the applicant,
upon request, with an estimate of the costs for preparing such statement
based on the total cost of the project for which funding or approval
is sought, and if desired by the applicant, shall hire the necessary
consultants to prepare the required environmental review.
(3)
In the case of a residential project, the fee
charged by an involved agency may not exceed 2% of the total project
cost. For residential projects, the total project cost shall be the
cost of the land plus the cost of all site improvements required,
not including the cost of buildings and structures.
(4)
In the case of a nonresidential construction
project, the fee charged may not exceed 1/2 of 1% of the total project
cost. For nonresidential construction projects, the total project
cost shall be the cost of supplying utility service to the project,
the cost of site preparation and the cost of labor and material as
determined with reference to a current cost data publication in common
usage, such as Building Construction Cost Data by Means.
(5)
Appeals procedure. When a dispute arises concerning
fees charged to an applicant by any involved agency, the applicant
may make a written appeal to the agency, setting forth reasons why
it is felt that such fees are inequitable. Upon receipt of a request,
the chief fiscal officer of the agency or his designee shall examine
the agency record and prepare a written response to the applicant,
setting forth reasons why the applicant's claims are valid or invalid.
