[Adopted 7-14-2005 by L.L. No. 2-2005 (Ch. 51, Art. I, of
the 1979 Code)]
The Town Board enacts this article to provide a mechanism for
the reimbursement of fees and expenses which would otherwise be paid
by the assessment of the taxpayers of the Town of North East to defray
the cost to the Town for the retention of competent engineering, planning,
legal, and other consultants to review projects before the Town of
North East Planning Board, and/or Zoning Board of Appeals for which
special permit, variance, site plan review and approval and/or subdivision
review and approval is sought by an applicant. The Town Board finds
that it is essential for the Town to be able to retain the services
of competent engineers, planners, lawyers and other professional consultants
to assist the boards in the review of such applications. The Town
also finds that it is necessary and proper to establish a procedure
to be followed requiring the deposit of those funds in a separate
account and requiring that payments from that account be made only
upon receipt and approval by the Town Board of itemized vouchers from
its consultants, and that such fees of the consultants be reasonable
and necessary.
This article is enacted under the authority of Subdivision 1(ii)d(3)
of Municipal Home Rule Law § 10, and Municipal Home Rule
Law § 22. To the extent that §§ 274-a, 276
and 277 of the Town Law are inconsistent with this article, it is
the intent of the Town Board to supersede these sections of the Town
Law by virtue of this article.
In the event that a positive declaration is made in accordance
with the New York State Environmental Quality Review Act (SEQRA),
all subsequent consultant review fees that are necessary for the preparation
or review of an EIS shall be reimbursed to the Town in accordance
with the procedures established under SEQRA. The applicant shall maintain
the basic escrow account for the continued review of the application
that is not directly related to the preparation or review of an EIS.
The Town may require the applicant to establish a separate escrow
account for the consultant services costs necessary for the preparation
or review of an EIS. All deposits, reimbursements and refunds shall
be made in accordance with the provisions of this article.