[Amended 5-15-2023 by L.L. No. 2-2023]
A. The Town Board shall have authority to establish and amend, by resolution,
fees and charges to defray the costs of administering this code and
reviewing applications. Such fees shall be set forth on the Town Fee
Schedule, which may be amended from time to time by resolution. The
Town Fee Schedule shall be available on the Town's website.
B. Escrow account.
(1)
In addition to the payment of fees required pursuant to Subsection
A, the following zoning applications shall require the establishment of an escrow account, pursuant to an agreement between the Town and the applicant for the payment of engineering, consultant, and legal, expenses incurred by the Town for the review of the Project:
(a)
Application for a Planned Development District under Article
XXVI.
(b)
Application that includes the use of incentive zoning under §
407-20.
(c)
Residential subdivision applications for 10 or more lots.
(d)
Commercial development projects of greater than 10,000 square
feet in floor area.
(e)
Residential developments including 25 or more units.
(f)
Mixed use development projects combining commercial and residential
development that include 15,000 square feet in total floor area combining
both the residential and commercial uses.
(g)
Any project capable of producing 150% or more of the electricity
consumed on site.
(2)
The escrow account may be established by the Town as a separate bank account, or as a line item in an existing Town account, provided the funds are accounted for separately. The total amount to be deposited into the escrow account shall be capped as set forth in Subsection
C. A zoning application shall not be complete until the required escrow account has been established pursuant to this Subsection
B. Any funds remaining in the escrow account after completion of the review and payment of all invoices shall be returned to the applicant.
C. Escrow account amount cap. The total amount of deposits to an escrow account established pursuant to Subsection
B shall not exceed:
(1)
For residential projects: 3% of the project value, which is
calculated as the total construction cost (not including the cost
of buildings and structures), plus the greater of the purchase price
of the land or the fair market value of the land, as calculated by
the applicant, subject to the Town's review, confirmation, and
final approval.
(2)
For commercial development projects: 1% of the project value,
which is calculated as the total construction cost, plus the greater
of the purchase price of the land or the fair market value of the
land, as calculated by the applicant, subject to the Town's review,
confirmation, and final approval.
(3)
For mixed-use development projects: The formula in Subsection
C(1) and
(2) shall be applied to the commercial and residential components and the amounts added together to arrive at the overall cap.
Where any approval or amendment granted under
this code includes a restriction on the use of land, the approving
Board may require the applicant record at its cost, in a form approved
by the attorneys for the Town, a restrictive covenant stating said
terms or conditions.
Public hearings required by this Zoning Code
shall be conducted by the hearing body as designated. At the hearing,
interested persons shall be permitted to submit information and comments
either verbally or in writing. Whenever multiple applications are
submitted for a project, such as site plans and special use permits,
the hearing body may hold one hearing on the multiple applications.
The hearing body shall control the conduct of such hearing and may
establish reasonable rules and regulations including but not limited
to rules and regulations governing the presentation of information
and comments, the limitation of redundant or irrelevant materials
and testimony, the order and length of statements or testimony, and
time limitations. The hearing may be continued from time to time as
directed by the hearing body.
For any projects, including but not limited
to subdivisions, zoning amendments, planned developments, site plans
or special use permits, which project is approved with conditions
attached, the approving Board may require the applicant to provide
a performance bond or other security in a form acceptable to the Town,
to guarantee completion of the work.