[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 10-5-2006 by L.L. No. 4-2006. Amendments noted where
applicable.]
A.
The Town Board enacts this chapter to put in place a system for the reimbursement of fees and expenses which would otherwise be raised by assessments of the taxpayers of the Town to defray the costs of the Town consultants, including, but not limited to, engineering, planning, legal and stenographic expenses, with respect to the review of projects as defined in § 88-3 of this chapter. It is the intention of this chapter that the cost of such consultants ultimately be paid by those who seek approvals from the Town, rather than from general Town funds.
B.
The Town also wishes to establish a procedure to be followed requiring the deposit of those funds in the Town's Special Trust and Agency Account or similar account established by the Town Board and requiring that payments from that account be made only upon receipt and approval by the Town Board of itemized vouchers from its consultants following the determination by the Town Board as set forth in § 88-5 of this chapter.
This chapter is enacted under the authority
of Subdivisions a(1) and (2) and d(3) of Municipal Home Rule Law § 10(1)(ii)
and Municipal Home Rule Law § 22. To the extent Town Law
§§ 274-a, 276 and 277 do not authorize the Town to
require the reimbursement to the Town for its consultants' expenses
incurred by the Town in connection with the review and consideration
of projects as hereinafter defined in this chapter, it is the expressed
intent of the Town Board to change and supersede such statutes. More
particularly, such statutes do not authorize the deferral or withholding
of such approvals in the event such expenses are not paid to the Town.
It is the expressed intent of the Town Board to change and supersede
Town Law §§ 274-a, 276 and 277 to empower to the Town
to require such payments as a condition of such approvals.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm, partnership, association, corporation or
entity, of any type, kind or nature, who requests the Town, the Town
Board, the Planning Board, the Zoning Board of Appeals or any other
board, agency, employee or official of the Town for approval of a
project.
Any person or entity of any type who is retained by the Town
to provide consulting or professional services for any project, including,
but not necessarily limited to, engineering, planning, legal and stenographic
expenses.
Means and includes a subdivision, site plan, special use
permit, variance, interpretation, improvement district formation or
extension or such other similar action where the Town Board, Planning
Board and/or Zoning Board of Appeals determines to refer the action
to a consultant.
All applicants for approval of any project in
the Town shall reimburse the Town for all reasonable, necessary and
appropriate consulting expenses incurred by the Town in connection
with the review and consideration of such project.
A.
Simultaneously with the filing of an application for approval of a project with the appropriate official or board of the Town, the applicant shall deposit with the Town a sum of money as determined in accordance with the provisions of this chapter, which sum shall be used to pay the costs described in § 88-4 of this chapter.
B.
In the event that the deposit amount does not appear on the schedule of deposits referred to in § 88-6 of this chapter, upon the applicable board of the Town computing the deposit amount pursuant to the provisions of this chapter and advising the applicant in writing of the appropriate amount, the applicant shall deposit that sum with the Town in accordance with the above provision.
C.
Upon receipt of such monies, the Town shall cause
such monies to be placed in the Town's Special Trust and Agency Account
or similar account established by the Town Board, without interest
accruing to the applicant, and shall keep a separate record of all
such monies so deposited and the name of the applicant and project
for which sums were deposited.
D.
Upon receipt and approval by the Town Board of an
itemized voucher from a consultant for services rendered on behalf
of the Town pertaining to the project, the Town Supervisor shall cause
such voucher to be paid out of the monies so deposited and shall debit
the separate record of the account accordingly.
E.
The consultant shall furnish copies of such voucher
to the applicant at the same time such voucher is submitted to the
Town.
F.
The Town Board shall review and audit all such vouchers
and shall approve payment of only such consulting fees and disbursements
as are consistent with the schedule established by the Town Board.
G.
If at any time during or after the review of any project
there shall be insufficient monies on hand to the credit of such applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the Town that such monies will be insufficient to meet vouchers
yet to be submitted, the Town shall advise the applicant, who shall
deposit additional sums as the Town deems necessary or advisable in
order to meet such expenses or anticipated expenses.
H.
In the event that the applicant fails to deposit such
monies, the Town shall notify, as applicable, the board, agency, employee
or officer of the Town of such failure, and any review, approval,
building permit or certificates of occupancy may be withheld by the
appropriate board, agency, employee or officer of the Town until such
monies are deposited.
I.
After conclusion of the review of the project and
after payment of all approved vouchers submitted, any sums remaining
on account to the credit of such applicant shall be returned to such
applicant.
A.
The amount of the initial deposit for various projects
covered by this chapter shall be set forth in a schedule of deposits
as adopted from time to time by resolution of the Town Board. Said
schedule shall remain in effect and shall apply to all applicants
until amended or revised by subsequent resolution. In the event the
Town receives an application for a project for which the amount of
the initial deposit has not been established on the schedule of deposits,
the Town shall forthwith establish an amount of the initial deposit
for such project, and the Town shall notify the applicant.
B.
No monies deposited pursuant to this chapter shall
be used by the Town to offset the Town's general expenses of consultants'
services nor for its general administration expenses, except that
any interest accrued shall be paid to the Town's general fund.
The deposits required by this chapter shall
be in addition to any application fees that may be required by any
other rule, regulation or enactment of the Town.
