[Adopted 9-11-2014 by L.L. No. 2-2014]
This article shall be known as the Village of Woodbury (herein
referred to as "Village") "Taxpayers Protection Act." This article
involves the allocation and payment of costs and expenses incurred
in the Village when reviewing certain land use matters. It is adopted
pursuant to the Municipal Home Rule Law.
Responsible government is reflected in responsible growth within
a responsible tax base. Where there are municipal expenses that are
non-general in nature as well as specific to a land use matter, the
specific applicant seeking certain permits or approvals should be
responsible for payment of those specific or other non-general expenses
incurred by the Village that would otherwise be paid by the taxpaying
public. To minimize the burden of government to the Village taxpayers
from such costs, expenses or other charges that the Village incurs
in specifically reviewing any applications or petitions or otherwise
enforcing the rights of the Village, all such specific and non-general
costs and expenses should be paid by the applicant (or other person
or entity responsible involved) in all situations except applications
or petitions for matters involving the construction of a one- or two-family
residence only.
[Amended 5-14-2020 by L.L. No. 4-2020]
Any and all such specific and non-general costs or expenses
incurred by the Village in reviewing any application, special permit,
license, franchise agreement, site plan, subdivision, variance, amendments
to any approved map or tax map or text of the Village Code, as well
as any other submissions to the Village Board of Trustees, the Village
Zoning Board of Appeals or Village Planning Board or CDRC or otherwise
enforcing the rights of the Village regarding a specific applicant
or property owner which require the use or employment of Village Counsel,
Special Legal Counsel, Bond Counsel, Transactional Counsel or other
legal advice or representation, planning consultants, zoning consultants,
engineers, experts, accountants, appraisers or other professionals
or persons that may be deemed reasonably necessary by the Village
to review, act upon or otherwise provide advice on any such matter
shall be charged to and paid solely by the applicant or petitioner
as well as the property owner involved or other person seeking relief
or otherwise responsible to the Village that makes such specific and
non-general action or review by the Village appropriate or necessary.
Any such costs paid or incurred by the Village that are reasonable
and customary in the County of Orange regarding the foregoing shall
be charged to and paid by the applicant as well as the property owner
involved, provided the applicant as well as the property owner involved
is seeking a benefit or other relief or approval from the Village
and said costs are necessary expenditures, and not expenditures for
the convenience of a Board in fulfillment of its own decisionmaking
responsibilities. Said legal cost shall be reasonable in amount and
shall not exceed 5% of the cost of the fair market value of the estimated
cost of construction or the infrastructure and other site improvements
involved in said application. The payment of such costs shall be deducted
from an escrow account to be established for such application in amount
determined by the Village in accordance with the Village's fee schedule
or as determined by Village Board of Trustees Resolution. Such escrow
account must be maintained in an amount sufficient to pay such fees
or costs at the time they are incurred and must be replenished as
directed by the Village.
The person or entity required to pay said costs pursuant to
this article has a right to contest any obligation to pay any or all
of such costs or fees by notifying the Village in writing within 30
days of being advised of such cost or the obligation to pay. The Village
shall properly supply written documentation to the person or entity
from whom such costs are sought to be paid. That person or entity
has 30 days from the date of transmittal of such documentation to
object in writing to part or all of the costs or fees sought to be
paid to the Village. If within that thirty-day period of time the
entity or person objects to payment of some or all of the cost or
fees to be imposed, the person or entity shall file in writing a detailed
appeal to the Village Board of Trustees specifying the basis for any
objection to said payment. Within ninety (90) days of the date of
receipt of the appeal, the Village Board of Trustees shall determine
the appeal and decide what costs or fees, if any, shall be paid by
the person or entity making the appeal. In the event that the Village
Board of Trustees requires payment of some or all of the costs or
fees to be imposed, the person or entity shall have the right to file
an appeal to the Supreme Court for the County of Orange pursuant to
Article 78 to challenge any such determination by the Village Board.
Where a person or entity objects to any payment by the filing of an
Article 78 proceeding, such amount shall remain in, but not be deducted
from, escrow until such time as the Supreme Court for the County of
Orange makes a determination regarding the same, if such an Article
78 proceeding is brought by the person or entity regarding said costs.
In the event the escrow is insufficient to cover any disputed amount,
the applicant must replenish the escrow account with an amount sufficient
to cover the disputed expense (in addition to any other ongoing expenses)
until such dispute is resolved or otherwise determined by the Supreme
Court for the County of Orange. After any review by the Orange County
Supreme Court, the applicant or other entity shall have a right to
pursue an appeal to the Appellate Division, Second Department. Notwithstanding
the same, the amount determined to be due from the applicant by the
Orange County Supreme Court shall be deducted from escrow, or paid
by the applicant if the escrow is insufficient, unless a stay from
a Court of competent jurisdiction is issued restraining the Village
from regarding making such payment.
Nothing herein shall diminish or eliminate the right of the
Village to obtain reimbursement of costs or expenses as provided for
in any other law, rule or regulation. Nothing herein shall prohibit
the Village and any applicant from entering into an agreement as to
the payment of professional fees where such application is unique
or otherwise different and where the amount of an escrow for payment
of reasonable costs may be difficult to ascertain. If the parties
do not mutually assent to a written agreement concerning such fees
in said situation, then provisions of this article shall control.