[HISTORY: Adopted by the Town Board of the Town of Stockport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2002 by L.L. No. 5-2002]
The Town Board of the Town of Stockport finds that the Town
incurs significant costs in connection with the retention of planning
or engineering consultants to review applications for major subdivisions
or other complex projects involving land use within the Town. The
Town Board believes it is unfair to have the Town taxpayers bear the
cost of these consultants, and that the proponents of such projects,
who stand to gain financial benefit from the projects' approval,
should be required to pay the reasonable cost of the Town's consultants.
In order to achieve this goal and to achieve the purposes and objectives
hereinafter set forth, this article is adopted.
In connection with any application for a special permit, site
plan or subdivision approval, zoning amendment, variance, or other
appeal, the reviewing board may require an applicant to deposit an
initial sum of money into an escrow account in advance of the review
of the application. Said sum shall be based on the estimated cost
to the Town of reviewing the particular type of application before
it. The reviewing board may consider the professional review expenses
incurred by neighboring municipalities in reviewing similar applications.
The reviewing board may also consider the Town's survey of professional
review expenses in determining the initial sum of money to be deposited
in an escrow account by an applicant.
Said sum of money shall be used to cover the reasonable and
necessary costs of reviewing an application. Costs may include staff
costs or consultant fees for planning, engineering, legal, and other
professional and technical services required for the proper and thorough
review of an application. The reviews governed by this section shall
include all environmental review pursuant to law, including review
of the proposed action under the State Environmental Quality Review
Act (SEQRA).
The review expenses provided for herein are in addition to application
or administrative fees required pursuant to other sections of the
Stockport Town Code. Monies deposited by applicants pursuant to this
article shall not be used to offset the Town's general expenses
of professional services for the several boards of the Town or its
general administrative expenses.
Fees charged strictly as a result of a SEQRA review shall in
no event exceed the maximum amounts that can be charged pursuant to
the SEQRA regulations by the lead agency.
Upon receipt of monies requested for an escrow account, the
Town Supervisor shall cause such monies to be placed in a separate
non-interest-bearing account in the name of the Town and shall keep
a separate record of all such monies deposited and the name of the
applicant and project for which such sums were deposited.
Upon receipt and approval by the Town Board of itemized vouchers
from consultants for services rendered on behalf of the Town regarding
a particular application, the Town Supervisor shall cause such vouchers
to be paid out of the monies so deposited, and shall debit the separate
record of such account accordingly. The consultant shall make copies
of such vouchers available to the applicant at the same time the vouchers
are submitted to the Town.
The Town Board shall review and audit all such vouchers and
shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications. A charge or part thereof
is reasonable in amount if it bears a reasonable relationship to the
average charge by consultants to the Town for services performed in
connection with the review of a similar application. In auditing the
vouchers, the Town Board may take into consideration the size, type
and number of buildings to be constructed, the topography of the site
at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Town Board
may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the consultant for a service which was rendered
in order to protect or promote the health, safety or other vital interests
of the residents of the Town, and protect public or private property
from damage.
In no event shall an applicant make direct payment to any Town
consultant.
If at any time during the processing of an application there
shall be insufficient monies on hand to the credit of an applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the reviewing board that such monies will be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the Board deems necessary
or advisable in order to meet such expenses or anticipated expenses.
In the event the applicant fails to deposit the requested review
fees into an escrow account, any application review, approval, permit
or certificates of occupancy may be withheld or suspended by the reviewing
board, officer or employee of the Town until such monies are deposited.
Upon completion of the review of an application or upon the
withdrawal of an application, and after all fees already incurred
by the Town have been paid and deducted from the escrow account, any
balance remaining in the escrow account shall be refunded within 60
days after the applicant's request.
