[Added 8-7-2000 by L.L. No. 7-2000]
A.
The Dickinson Town Board, the Town of Dickinson Planning Board or
the Town of Dickinson Zoning Board of Appeals, in the review of any
application pending before said Board may refer such application presented
to it to such engineering, planning, legal, technical or environmental
consultant, or professional(s) employed by the Town, as such Board
shall deem reasonably necessary to enable it to review such application
as required by law.
B.
The applicant shall reimburse the Town for the cost of such consultant
services.
C.
Charges made by such consultants shall be in accord with charges
usually made for such services in the Broome County, New York region
or pursuant to an existing contractual agreement between the Town
and such consultant. Charges made by the Town shall be in accord with
the hourly rates upon which the employee's actual salary is based
and fringe benefits and reasonable overhead. However, the applicant
will not be charged for the following services rendered by professionals
employed by the Town:
(1)
Review by the Town Engineer of the preliminary design plans submitted
by the applicant and, if required, the second set of design plans
and preparation of necessary reports relative thereto.
(2)
Preparation by the Town Attorney of any required public notices regarding
said application.
(3)
Attendance by the Town Engineer and Town Attorney at any regular
or special public meetings of the Dickinson Town Board, the Town of
Dickinson Planning Board or the Town of Dickinson Zoning Board of
Appeals.
D.
The Town Clerk shall refund to the applicant the amount deposited pursuant to § 600-37 less the following percentages of any sums expended by the Town to engage services of attorneys, engineers, and other qualified professionals to provide assistance to Town Boards relating to said project (hereinafter "professional review fees") and excluding those referred to in Subsection C(1), (2) and (3) of this section:
(1)
When the application is approved by the Board(s) having jurisdiction
and a building permit is issued by the Town within one year from the
date of final approval for said project: 50% of said professional
review fees.
(2)
When the application is denied by the Board(s) having jurisdiction:
100% of said professional review fees.
(3)
When the application is approved by the Board(s) having jurisdiction
and the applicant fails to obtain a building permit for said project
within one year from the date of such final approval: 100% of said
professional review fees.
E.
A copy of the computation of said sums so expended shall be provided
to the applicant at the time that the Town Clerk shall calculate the
refund, if any, due applicant hereunder.
F.
In the event that an application is required to be reviewed by more
than one Board, then, in such event and to the extent practicable,
both Boards shall use the same consultant, who shall, in such case,
to the extent practicable, prepare one report providing data, information
and recommendations requested. In all instances, duplications of consultants'
reports or services shall sought to be avoided wherever practicable
in order to minimize the cost of such consultants' reports or services
to the applicant. The above fees are in addition to any and all other
fees required by any other law, rule or regulation.
A.
At the time of submission of any application, or thereafter, an escrow
account shall be established, from which withdrawals shall be made
to reimburse the Town for the costs of professional review services.
The applicant shall then provide funds to the Town for deposit into
such account in an amount to be determined by the reviewing Board
with the advice and recommendation of the Town Engineer and Building
Inspector based on it evaluation of the nature and complexity of the
application, using the following schedule as a general guideline with
the decision of the reviewing Board to be final and conclusive on
the applicant:
(1)
For one- and two-family residential projects no fee shall be charged
and therefore no escrow deposit shall be required.
(2)
For three- or more family residential projects with project value
in excess of $150,000, the total project value shall be calculated
on the actual purchase price of the land or the fair market value
of the land (determined by assessed value divided by equalization
rate), whichever is higher, plus the cost of all required site improvements,
not including the cost of buildings and structures as determined with
reference to a current cost data publication in common use. In the
case of such projects, the escrow deposit shall be 1% of the total
project value.
(3)
For commercial and industrial construction projects with project
value in excess of $150,000, the total project cost shall be calculated
on the actual purchase price of the land or the fair market value
of the land (determined by assessed value divided by equalization
rate), whichever is higher, plus 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 use. In the case of such projects the escrow deposit shall
be 1/4 of 1% of the total project value.
B.
The applicant shall be provided with copies of any voucher for such
services as they are submitted to the Town.
C.
The professionals employed by the Town shall report monthly to the
Town Clerk as to the monetary value of their services rendered on
each project.
D.
When the balance in such escrow account is reduced to 1/3 of its
initial amount, the Town Clerk shall advise the applicant and the
applicant shall deposit additional funds into such account to bring
its balance up to the amount of the initial deposit. If such account
is not replenished within 30 days after the applicant is notified,
in writing, of the requirement for such additional deposit, the reviewing
Board may suspend its review of the application. An application shall
be deemed incomplete if any amount shall be outstanding.
E.
A building permit or other permit being sought shall not be issued
unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the Town from said escrow
account.
F.
All fees required pursuant to this article shall be collected by
the Town Clerk.
G.
This article shall be applicable to applications pending at the time
it shall become effective, unless the reviewing Board shall determine
that its application would be impracticable, unfair or unjust in the
particular circumstances. Where this article shall be applicable to
a pending application, it shall, in such event, require an applicant
only to pay for professional fees for the services rendered after
it shall have become effective.
