[HISTORY: Adopted by the Town Board of the Town of Copake
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-2010 by L.L. No. 4-2010]
The responsible operation of government in today's complex
society makes comprehensive detailed and specialized engineering,
legal and other consultant review of subdivision, zoning, land use
and other permitting applications a necessity. It is hereby determined
that the cost of reasonably required engineering, legal or other special
consultants to Town of Copake boards, agencies or other permitting
authorities should be borne by the applicant(s) for permit approval.
The Town Board, Planning Board, Zoning Board of Appeals or any
other Town board, agency or permitting authority is hereby authorized
to charge to any 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 it.
A.
Estimate and payment of fees. The appropriate Board shall be authorized,
on a case-by-case analysis, to require the applicant to establish
an escrow account to reimburse the Town of Copake for the legitimate
costs of review associated with the application. The funds may be
utilized for the paying of professionals qualified to review the required
plans, reports and other technical information submitted in support
of an application. The initial amount of the establishment of the
escrow account shall be determined on a case-by-case basis as is estimated
to be reasonable and necessary to cover the cost of the review to
be incurred by the Town. All necessary reviewing professionals assisting
the Town in such reviews shall provide an estimate of the approximate
cost of review services. The Town shall submit an itemized bill to
the applicant at least five days prior to any deduction of such amount
billed from the escrow account. In the event the applicant objects
to any portion of such itemization, payment therefor may not occur
unless all parties agree to such itemization. In the event no agreement
may be made, the matter shall be submitted to binding arbitration
in accordance with the rules and procedure of the American Arbitration
Association.
B.
Replenishment of escrow. The board, agency or permitting authority
may periodically and at its discretion require the replenishment of
the escrow account established hereunder.
C.
Payment before final approval. Any engineering, legal or other consultant
review charges imposed hereunder shall be paid in full by the applicant
prior to the board, agency, other permitting authority making or required
to make any final decision with regard to the subject matter application.
D.
Refund of unused fees. Upon completion of the application and review
process, any balance remaining in the escrow account shall be refunded
to the applicant within 30 days of the submission and payment of the
final bill by the Town and payment in full of all application and
approval fees.
The provisions of this article shall be in addition to the provisions of any other general or special law authorizing the imposition of fees or charges on applicants for municipal approvals, but shall supersede any inconsistent provisions of a local law previously adopted by the Town of Copake relating to engineering, legal or other consultant fees except those contained in Telecommunications Facilities and Towers, § 230-5, which shall survive and supersede this article.
