[Adopted 1-5-1976 by L.L.
No. 1-1976 (Ch. 1, Art. VI, of the 1976 Code)]
The Board of Trustees may from time to time establish by resolution
the specific amounts of fees for any and all permits, licenses, rentals,
inspections or services required or authorized to be performed by
any local law, ordinance or resolution of the Village of Monticello.[1]
[Added 8-21-2012 by L.L.
No. 9-2012]
A.
Title
and authority. This section shall be known as the Village of Monticello
(the "Village") Taxpayers Protection Act. This section involves the
allocation of costs and expenses. It is adopted pursuant to Municipal
Home Rule Law § 10.
B.
Purpose
and findings. Responsible government is reflected in responsible growth
within a responsible tax base. Where there are municipal expenses
that are nongeneral in nature, the Village Board finds that the specific
applicant seeking certain permits or approvals is the primary beneficiary
of such approval or permit and should be responsible for payment of
those specific and certain expenses incurred by government and otherwise
paid by the general taxpaying public, including in circumstances where
an applicant withdraws its application after the Village has incurred
such costs and expenses. To minimize the burden of government to the
Village taxpayers from costs, expenses or other charges that the Village
incurs in specifically reviewing any applications or petitions or
otherwise enforcing the rights of the Village, certain specific and
nongeneral costs and expenses should be paid by the applicant or other
person or entity responsible in all situations except applications
or petitions for matters only involving construction, renovation or
repairs to a one- or two-family residence and no change in use is
sought.
C.
Application
of law. Any and all specific and nongeneral costs or expenses incurred
by the Village in reviewing any applications or petitions for zone
changes, special permits, licenses, franchise agreements, site plans,
subdivisions, variances, amendments to the map or Tax Map or text
of the Village Code, any other submissions to the Village Board, Village
Planning Board or Village Zoning Board of Appeals, or otherwise enforcing
the rights of the Village which require the use or employment of Village
Counsel, Special Legal Counsel, Bond Counsel, Transactional Counsel
or other legal advice or representation, planning consultants, zoning
consultants, engineers, accountants, experts, appraisers or other
professionals or persons that may be deemed reasonably necessary to
review, act or otherwise provide advice on any such matter shall be
charged to and paid solely by the applicant, petitioner or other persons
seeking relief or otherwise responsible to the Village that makes
such specific and nongeneral action by the Village necessary. Any
such costs and expenses incurred by the Village that are reasonable
and customary in the County of Sullivan regarding the foregoing can
be charged to the applicant, provided the applicant is seeking a benefit
from the Village and said costs are necessary expenditures and not
expenditures for the convenience of a board in fulfillment of its
own decisionmaking responsibilities. Applicants shall be responsible
for fees, costs and expenses as follows:
(1)
Legal counsel fees and costs shall be reasonable in amount and shall
not exceed 3% of the estimated increase in fair market value as a
result of the collective improvements and modifications to the site
for which the applicant seeks approval in each application; the estimated
increase in fair market value shall be determined by the Assessor
by review of the submitted application and utilizing the current municipal
assessment of the subject property at the time of filing of the application
to determine base fair market value; and
(2)
Professional fees and costs, other then legal counsel fees, shall
be reasonable in amount and shall not exceed 3% of the estimated increase
in fair market value resulting from the collective improvements and
modifications to the site for which the applicant seeks approval in
each application; the estimated increase in fair market value shall
be determined by the Assessor by review of the submitted application
and utilizing the current municipal assessment of the subject property
at the time of filing of the application to determine base fair market
value; and
(3)
In no event shall the total of the fees imposed above in Subsection
A(1) and (2) exceed 5% of the total estimated increase in fair market
value as a result of the collective improvements and modifications
to the site for which the applicant seeks approval in each application.
(4)
However, nothing herein shall prohibit an applicant from agreeing
to payment of a higher percentage of fees than those set forth above.
Any such agreement shall be in writing and signed by the applicant
and the Mayor.
D.
Appeal
rights. The person or entity required to pay said costs pursuant to
this section has a right to contest the obligation to pay any or all
of such costs. The Village shall supply written documentation to the
person or entity from whom costs are to be paid. That person or entity
has 30 days from the date of transmittal of such documentation to
make payment or object to payment of part or all of the costs sought
to be paid to the Village. If within that thirty-day period of time
the entity or person objects to payment of some or all of the cost
to be imposed, the person or entity shall file, in writing, a detailed
appeal to the Village Board specifying the basis for any objection
to said payment or portion thereof. Within 90 days of the date of
receipt of the appeal, the Village Board shall determine the appeal
and decide what costs, if any, shall be paid by the person or entity
making the appeal. In the event that the Village Board requires payment
of some or all of the costs to be imposed, the person or entity shall
have the right to file an appeal to the Supreme Court for the County
of Sullivan pursuant to Article 78[1] to challenge any such determination by the Village Board.
If an Article 78 proceeding is brought by the person or entity regarding
said costs, the person or entity that objects to any payment shall
not be required to make payment of the challenged costs and expenses
until such time as the Supreme Court for the County of Sullivan orders
such payment. However, the Village may suspend processing of the pending
application if the applicant refuses to pay any additional reasonable
costs and expenses imposed by the Village during the continued processing
of the application whereby the Village will be caused to incur costs
and expenses from legal and other professionals during the continued
processing of the application.
[1]
Editor's Note: See Civil Practice Law and Rules Article 78.
E.
Severability.
The invalidity of any clause, sentence, paragraph or provision of
this section shall not invalidate any other clause, sentence, paragraph
or part thereof.
F.
Additional
rights of Village. Nothing herein shall diminish or eliminate the
right of the Village to obtain reimbursement of costs or expenses
as provided for in any other law, rule or regulation.
