[HISTORY: Adopted by the Town Board of the Town of Owasco
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2012 by L.L. No. 3-2012]
The title of this article shall be the "Expert Expense Reimbursement
Local Law."
The Town Board hereby finds and determines that in order to
protect and safeguard the Town, its residents and their property,
with respect to certain land developments within the Town, all should
be designed and constructed in a competent and workmanlike manner
and in conformity with all applicable governmental codes, rules and
regulations and dedicated and conveyed to the Town in a legally sufficient
manner. In order to assure the foregoing, it is essential that the
Town have available to it all necessary professional expertise to
assist in the review of plans, designs and applications and make recommendations
to the Town Board, Planning Board and the Zoning Board of Appeals.
The Town takes great pride in the skill and professionalism of its
land use and zoning boards. However, from time to time, the boards
are called upon to review and evaluate matters outside the range of
their training and/or expertise. These situations may require the
Town to seek out skills not possessed by the Town officials but which
are not required frequently enough to justify the hiring of new, specialized
staff. At the same time, the cost of retaining such outside expertise
should not be borne by the taxpayers of the Town, but rather by those
who seek to profit from the decisions of the Town and its boards.
Therefore, it is the intent of this article to establish a mechanism
whereby the Town may hire necessary expertise that may be needed from
time to time without imposing the cost on its taxpayers.
This chapter is enacted under the authority of Subparagraphs
a(12) and d(3) of Municipal Home Rule Law § 10(1)(ii) and
Municipal Home Rule Law § 22. To the extent that the Town
Law of the State of New York does not authorize the Town Board, Town
Planning Board or Zoning Board of Appeals to require the reimbursement
to the Town of expenses incurred by the Town in connection with the
professional review of applications for land use approvals, 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 §§ 64(17-a), 264, 265,
267, 267-a, 267-b, 274-a, 274-b, 276, 277, 278, and 280-a to empower
the Town to require such payment as part of the approval process.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Town
Board, the Planning Board or the Zoning Board of Appeals to approve
a land use application.
An application for subdivision approval, site plan approval,
planned development district site plan approval, an area variance,
use variance, special use permit and any additional review for those
as needed to comply with the New York State Environmental Quality
Review Act, Environmental Conservation Law, Article 8, and regulations
adopted pursuant thereto, and the Town Code, as amended.
A.
The Town may hire any consultant and/or expert necessary to assist
the Town in reviewing a land use application, including, but not limited
to, the Town Attorney, technical or engineering consultants or special
legal counsel.
B.
Except as otherwise provided in the Town Code, if, prior to the completion
of a review of a land use application, the Town discovers the need
to retain consultant and/or expert services, the applicant shall deposit
with the Town funds sufficient to reimburse the Town for the reasonable
costs of consultation and/or evaluation in connection with review
of the application. The Town will maintain a separate escrow account
for such funds.
C.
Upon receipt of such funds, the Town Clerk shall cause the money
to be placed in an account in the name of the Town and shall keep
a separate record of all money so deposited and the name of the applicant
and the project for which the sums were deposited.
D.
The Town's consultants and experts shall invoice the Town for
services rendered in reviewing the application. If requested by the
applicant, the Town shall furnish a copy of each invoice received
to the applicant upon receipt of the invoice by the Town.
E.
The Town shall review and audit all invoices received and shall approve
payment only of such fees as are reasonable in amount and necessarily
incurred by the Town in connection with a review of a land use application.
For purposes of this article, a fee is reasonable in amount if it
bears a reasonable relationship to the average charge by such an expert
to the Town or others for services performed in connection with the
review of a project similar to that involved in the land use application.
In this regard, the Town may take into consideration the size and
type of project involved in the land use application and any special
conditions or considerations as the Town may deem relevant in connection
with review of the particular land use application.
F.
Contracts for the retention of experts shall be let pursuant to the
purchasing policy of the Town, unless the contract is one that must
be competitively bid.
G.
After payment of all outstanding invoices, any funds held by the
Town upon completion of a review of a land use application shall be
returned to the applicant.
A.
Notwithstanding anything to the contrary contained in this article,
an applicant or developer shall not be required to reimburse the Town
for any part of a fee incurred by the Town for services performed
in connection with matters, including, but not limited to, those resulting
from complaints by third parties, as to which the Town determines
the applicant had no responsibility or were beyond the reasonable
control of the applicant.
If any section, clause or provision of this article or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof that can be sustained or given effect without the invalid
section, clause or provision or application; and to this end, the
various sections, clauses or provisions of this article are declared
to be severable.
This article shall take effect immediately upon filing in the
office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
