Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Kinderhook, NY
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Added 9-8-2003 by L.L. No. 3-2003]
A. 
The following fees shall be charged by the Zoning Board of Appeals for the following applications submitted to it:
[Amended 2-13-2012 by L.L. No. 1-2012]
(1) 
Use variance: as provided in the current fee schedule on file in the Town offices. See § 250-55.
(2) 
Sign variance: as provided in the current fee schedule on file in the Town offices. See § 250-23I.
(3) 
Area variance: See § 250-55.
(a) 
Residential: as provided in the current fee schedule on file in the Town offices.
(b) 
Commercial: as provided in the current fee schedule on file in the Town offices.
(4) 
State environmental quality review: the maximum fees provided for in 6 NYCRR 617.13.
(5) 
Applications to Town Board for rezoning: as provided in the current fee schedule on file in the Town offices.
B. 
The Planning Board, Zoning Board of Appeals. Town Board or any board, agency or body with permitting authority is hereby authorized to charge to any permit applicant an amount for the estimated actual, reasonable and necessary engineering, legal or other consultant review services required in order to properly review an application before it.
[Amended 11-6-2014 by L.L. No. 1-2014]
C. 
Estimate and payment of fees. The board, agency or permitting authority to whom an application for approval has been submitted shall make an initial estimate of any actual and necessary reasonable engineering, legal or other consultant review fees required to be paid by it in order to properly review the application. Such estimate shall be provided to and paid by the applicant for permit approval before an application shall be considered complete for SEQR purposes and prior to any required review of a project by the board, agency or permitting authority. An applicant shall, as a part of any required application, undertake and agree to pay all such consultant review expenses incurred by the board, agency or permitting authority. If protracted or extended review of a project results in the initial estimate and payment of such consultant review fees being exceeded, the board, agency or permitting authority shall advise the applicant. who shall thereupon pay the additional estimate for such further actual and necessary expenses.
[Amended 11-6-2014 by L.L. No. 1-2014]
D. 
Payment before final approval. Any engineering, legal or other consultant review charges imposed on an applicant, pursuant to the provisions of this chapter, shall be paid in full by the applicant prior to the board, agency or permitting authority making, or being required to make, any final decision with regard to the application pending before it.
[Added 11-6-2014 by L.L. No. 1-2014]
E. 
Refund of unused fees. Any fees or charges paid by an applicant, pursuant to the provisions of this chapter. which are not necessary to be expended by the board or agency that processed the application shall be refunded to the applicant at the completion of the application process.
[Added 11-6-2014 by L.L. No. 1-2014]