[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 2-15-2006 by L.L. No.
2-2006; amended in its entirety 12-16-2009 by L.L. No.
43-2009. Subsequent amendments noted where applicable.]
A.
All applicants for special use permit approvals, site plan approvals,
subdivision approvals, use or area variances, appeals of determinations,
applications for a Zoning Map amendment, applications for a zoning
text amendment, applications for permits to extract topsoil or natural
resources, and applications for any other principal or ancillary land
use or development permits or approvals required under the Town Code
shall be responsible for payment of the actual cost to the Town to
review said applications.
B.
Where the Town Board, Planning Board or the Zoning Board of Appeals
is engaged in the review of an application for land development under
which permit(s) or approval(s) pursuant to the Town Code are required,
said Board or Boards may, from time to time, use or call upon the
services of Town employees and staff, and the services of consulting
professional engineers, attorneys, planners, scientists, or other
consultants for purposes of assisting said Board or Boards in the
engineering, scientific, land planning, environmental, and legal review
of the adequacy or substantive details of such applications, or issues
raised during the course of review of such applications, or any other
principal or ancillary land use or development permits or approvals
required under the Town Code, as well as to assist in assuring or
enforcing an applicant's compliance with the terms and conditions
of any of such permits or approvals and any conditions thereof. In
such case, the applicant and landowner, if different, shall be jointly
and severally responsible for payment of all the reasonable and necessary
costs of such services. In no event shall that responsibility be greater
than the actual cost to the Town for the services of Town employees
and staff, and for the cost of consulting professional engineers,
attorneys, planners, scientists or other consultants and related costs.
C.
The Town Board, Planning Board, or Zoning Board of Appeals, through
or with the assistance of the Director of Development and Town Comptroller,
may require advance periodic monetary deposits, to be held on account
of the applicant or landowner by the Town of Poughkeepsie, to secure
the reimbursement of the Town's consultant expenses. When required,
an applicant shall deposit with the Town funds as follows:
(1)
Fees to be collected at the time of submission of an application
for Town Board, Planning Board, or Zoning Board of Appeals approval.
No application will be placed on an agenda, and no action will be
taken to review or to approve or deny said application, until the
required fee has been paid. The Director of Development is hereby
authorized to increase or decrease the amount of the required review
fee deposit based on his or her assessment of the potential actual
cost of any required review:[1]
|
Document/Application Type
|
Required Review Fee Deposit
| ||
|---|---|---|---|
|
Site plan, less than 25,000 square feet new or existing building
area
| |||
|
Initial submission
|
$2,500
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Site plan, greater than 25,000 square feet new or existing building
area
| |||
|
Initial submission
|
$5,000
| ||
|
Revised submission/response to comments
|
$2,000
| ||
|
Final (minor) subdivision plat, two lots, driveways only
| |||
|
Initial submission
|
$2,000
| ||
|
Revised submission/response to comments
|
$900
| ||
|
Preliminary (major) subdivision plat, more than two lots, driveways
only
| |||
|
Initial submission
|
$2,500
| ||
|
Revised submission/response to comments
|
$1,500
| ||
|
Preliminary (major) subdivision plat, more than two lots, with
road
| |||
|
Initial submission
|
$4,500
| ||
|
Revised submission/response to comments
|
$2,000
| ||
|
Final (major) subdivision plat, more than two lots, driveways
only
| |||
|
Initial submission
|
$2,000
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Final (major) subdivision plat, more than two lots, with road
| |||
|
Initial submission
|
$3,000
| ||
|
Revised submission/response to comments
|
$1,500
| ||
|
Land contour permit - minor
| |||
|
Initial submission
|
$500
| ||
|
Revised submission/response to comments
|
$300
| ||
|
Land contour permit - major
| |||
|
Initial submission
|
$2,500
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Erosion and sediment control permit
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Floodplain development permit
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Lot line revision
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Special use permit
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Zoning Map amendment; zoning text amendment
| |||
|
Initial submission
|
$3,000
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Business Park; Overlay District application
| |||
|
Initial submission
|
$3,000
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Area variance for a single-family residential premises
| |||
|
Initial submission
|
$400
| ||
|
Revised submission/response to comments
|
$200
| ||
|
Area variance for other than a single-family residential premises
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Use variance; interpretation
| |||
|
Initial submission
|
$2,000
| ||
|
Revised submission/response to comments
|
$1,000
| ||
|
Aquatic resources permit
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Long Form Environmental Assessment Form
| |||
|
Initial submission
|
$800
| ||
|
Revised submission/response to comments
|
$400
| ||
|
Traffic Impact Study
| |||
|
Initial submission
|
$2,600
| ||
|
Revised submission/response to comments
|
$1,200
| ||
|
Stormwater pollution prevention plan (SWPPP)
| |||
|
Initial submission
|
$2,600
| ||
|
Revised submission/response to comments
|
$1,200
| ||
|
Environmental investigation (Phase I or Phase II) report
| |||
|
Initial submission
|
$1,500
| ||
|
Revised submission/response to comments
|
$800
| ||
|
Natural Resource Investigation Report
| |||
|
Initial submission
|
$1,500
| ||
|
Revised submission/response to comments
|
$800
| ||
|
Cultural Resource Investigation Report
| |||
|
Initial submission
|
$1,000
| ||
|
Revised submission/response to comments
|
$500
| ||
|
Review of a stormwater pollution prevention plan
| |||
|
Initial submission
|
$2,600
| ||
|
Revised submission/response to comments
|
$1,200
| ||
|
Review of a stormwater easement and maintenance agreement
| |||
|
Initial submission
|
$1,000
| ||
|
Revised submission/response to comments
|
$500
| ||
|
Review of an offer of cession
| |||
|
Initial submission
|
$1,000
| ||
|
Revised submission/response to comments
|
$500
| ||
|
Review of sewer use agreement; water service agreement
| |||
|
Initial submission
|
$1,000
| ||
|
Revised submission/response to comments
|
$500
| ||
|
Other studies: air, noise, water quality, etc., including legal
documents
|
As determined by
Director of Municipal Development
| ||
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
D.
Chapter 94, Environmental Quality Review.
(1)
Environmental impact statement review/preparation.
(a)
For the review or the preparation of the lead agency's actual
costs expended for the preparation of a site-specific or a generic
EIS and any related scoping prepared pursuant to section 6 NYCRR 617.
The chargeback shall be as follows:
[1]
For residential projects, 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 valuation 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 fee charged by the lead agency shall
not exceed 2% of the total project value.
[2]
For nonresidential construction projects, 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 the assessed valuation
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 fee charged shall not exceed 1/2 of 1% of the total
project value.
[3]
For projects involving the extraction of minerals, the total
project value shall be calculated on the cost of site preparation
for mining. Site preparation cost means the cost of clearing and grubbing
and removal of overburden for the entire area to be mined plus the
cost of utility services and construction of access roads. Such costs
shall be determined with reference to a current cost data publication
in common use. The fee charged by the lead agency shall not exceed
1/2 of 1% of the total project value. For those costs to be incurred
for phases occurring three or more years after issuance of a permit,
the total project value shall be determined using a present value
calculation.
(b)
Where an applicant chooses not to prepare a draft EIS, the lead
agency shall provide the applicant with an estimate of the costs for
preparing the draft EIS calculated on the total value of the project
for which funding or approval is sought. In such case the applicant
shall be responsible for all costs associated with the preparation
of a draft and final EIS, including any associated scoping.
E.
The Town may make payments from the deposited funds, for planning,
engineering, legal and other review whether conducted by Town employees
and staff or by consulting services. In the case of payment for consulting
services, such payment shall only be made after audit and approval
by the Comptroller or the Town Board of itemized vouchers for such
services. In the case of the cost of review by Town employees and
staff, funds may be drawn from the account established by the Comptroller
after audit and approval by the Comptroller of the amounts so charged.
The Town shall supply copies of vouchers and records of payments to
the applicant, appropriately redacted where necessary to shield legally
privileged communications between Town officers or employees and the
Town's consultants. When it appears that there may be insufficient
funds in the account established for the applicant or landowner by
the Town to pay current or anticipated vouchers, the Town shall cause
the applicant or landowner to deposit additional sums to meet such
expenses or anticipated expenses.
F.
The Town Comptroller shall review and audit all vouchers and claims
for payment and shall approve payment only of such employee, staff
and consultant expenses as are reasonable in amount and necessarily
incurred by the Town in connection with the review and consideration
of applications for land use or development approvals, appeals of
determinations or for the monitoring, inspection or enforcement of
permits or approvals or the conditions attached thereto. For the purpose
of this review and audit, a fee shall be reasonable in amount if it
bears a reasonable relationship to the average charge by engineers,
planners, attorneys or other consultants to the Town for services
performed in connection with similar applications, and, in this regard,
the Town Comptroller may take into consideration the complexity, both
legal and physical, of the project proposed, including the size, type
and number of buildings to be constructed, the amount of time to complete
the project, the topography of the land on which such project is located,
soil conditions, surface water, drainage conditions, the nature and
extent of highways, drainage facilities, utilities or parks to be
constructed and special considerations as the Town Comptroller may
reasonably deem relevant. A fee for service which was rendered in
order to protect or promote the health, safety, or other vital interests
of the residents of the Town, protect public or private property from
damage from uncontrolled surface water runoff and other environmental
factors, assure the proper and timely construction of highways, drainage
facilities, utilities and parks, protect the legal interests of the
Town, including receipt by the Town of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability,
and such other interests as the Town Comptroller may deem relevant.
G.
The owner(s) of the subject real property, if different from the
applicant, shall be jointly and severally responsible for reimbursing
the Town of Poughkeepsie for funds expended to compensate for services
rendered to the Town under this section by private engineers, attorneys
or other consultants. In order for a land use application to be complete,
the applicant shall provide the written consent of all owners of the
subject real property, both authorizing the applicant to file and
pursue land development proposals and acknowledging potential landowner
responsibility, under this section, for engineering, legal and other
consulting fees incurred by the Town. In the event of failure to reimburse
the Town for such fees, the following shall apply:
(1)
The Town may seek recovery of unreimbursed engineering, legal and
consulting fees by action venued in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for the reasonable and necessary
attorneys' fees expended by the Town in prosecuting such action.
(2)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of such engineering, legal and consulting fees expended
by the Town shall be remedied by charging such sums against the real
property which is the subject of the land development application,
by adding that charge to, and making it a part of, the next annual
real property tax assessment roll of the Town. Such charges shall
be levied and collected at the same time and in the same manner as
Town-assessed taxes and shall be paid to the Town Comptroller, to
be applied in reimbursing the fund from which the costs were defrayed
for the engineering, legal and consulting fees. Prior to charging
such assessments, the owners of the real property shall be provided
written notice to their last known address of record, by certified
mail, return receipt requested, of an opportunity to be heard and
object before the Town Board to the proposed real property assessment,
at a date to be designated in the notice, which shall be no less than
30 days after it is mailed.
Any applicant having received approval from any Town agency, board, or department for land development pursuant to chapters 97, 113, 116, 135, 173, 177, and 210 of the Town Code shall, as an express condition of any such approval, be responsible for the payment of fees to the Town to inspect the land development for compliance with the Town Code and with the approval, and to pay the cost of review and approval of field changes. The Director of Development is hereby authorized to increase or decrease the amount of the required inspection fee deposit based on his or her assessment of the potential actual cost of any required inspection:
A.
Site plan postapproval inspection fee, initial deposit:
|
For Site Plans
(square feet)
|
Fee
|
|---|---|
|
0 to 3,000
|
$3,500
|
|
3,001 to 20,000
|
$7,000
|
|
20,001 to 50,000
|
$14,000
|
|
More than 50,000
|
$28,000
|
B.
Subdivision postapproval inspection fee (minor subdivision), initial
deposit: $1,000.
C.
Subdivision postapproval inspection fee (major subdivision), initial
deposit: $750 per lot.
D.
Stormwater and erosion control postapproval inspection fee, initial
deposit:
|
Residential Subdivisions
(number of lots)
|
Commercial Subdivisions
(number of lots)
|
For Site Plans
(square feet)
|
Fee
|
|---|---|---|---|
|
0 to 2
|
0 to 2
|
0 to 3,000
|
$3,500
|
|
3 to 10
|
3 to 10
|
3,001 to 20,000
|
$7,000
|
|
11 to 35
|
11 to 35
|
20,001 to 50,000
|
$14,000
|
|
More than 36
|
More than 36
|
More than 50,000
|
$28,000
|
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
A.
The Town Board, the Planning Board or the Zoning Board of Appeals,
as applicable, shall not make any final determination in a matter
pending before it until all applicable fees and reimbursable costs
imposed by the permitting authority on the applicant under authority
of this chapter have been paid to the Town Comptroller with reasonable
written proof of such payment delivered to the Chairman, Secretary
or Clerk of the permitting authority or the Town Comptroller, or an
adequate escrow account exists to pay such fees and reimbursable costs.
B.
Unexpended fees may be refunded to the applicant when the applicant
formally withdraws the application from consideration by the permitting
authority and all actual reimbursable fees and reimbursable costs
incurred by the Town are first deducted from the escrow account leaving
an unencumbered balance that is not required by the permitting authority
to pay consulting costs or fees attributable to the application being
withdrawn or being finally acted on.
The Town Comptroller shall set up escrow funds as part of a
trust and agency fund item whereby consultant fees incurred by the
Town pursuant to this chapter shall be audited and paid from such
special fund and not the general fund. The Comptroller is empowered
to delegate to the Planning Board Secretary, the Zoning Board Secretary,
the Bookkeeper or the Town Clerk, the functions of having custody
of escrow account records.
This chapter shall apply to all land use permit applications,
requests for interpretation and appeals of determinations pending
before the Town Board, Planning Board or Zoning Board of Appeals at
the time when this chapter is filed with the Secretary of State. All
fees incurred by the Town thereafter shall be paid as provided herein.
