All engineering and legal fees incurred by the
Town in review of any application submitted for municipal approval
shall be paid for by the applicant for said municipal approval.
The following fees shall be paid by the applicant:
A. Payment of all engineering and legal fees associated
with environmental review of any project shall be charged to and paid
by the applicants prior to the final issuance of a decision on the
underlying application.
B. Payment of all engineering and legal fees associated
with an application for rezoning of real property shall be a condition
of such application and for approval and shall be charged to and paid
by the applicant prior to the final filing of any resolution amending
the Town Zoning Map or within 90 days of final disposition of the
application, whichever is sooner.
C. Payment of all engineering and legal fees associated with an application
for subdivision approval shall be paid as follows:
[Amended 5-14-2014 by L.L. No. 2-2014]
(1) For concept approval: together with the application for preliminary
subdivision approval or within 90 days of the disposition of the application
for concept approval, whichever is sooner.
(2) For preliminary subdivision approval: together with the application
for final subdivision approval or within 90 days of the disposition
of the application for preliminary subdivision approval, whichever
is sooner.
(3) For final subdivision approval: prior to signature of the final subdivision
plat by the Chairman of the Planning Board or within 90 days of the
disposition of the application for final subdivision approval, whichever
is sooner.
D. Payment of all engineering and legal fees associated
with an application for a zoning variance or other relief from the
Zoning Board of Appeals or the Planning Board (other than subdivision)
shall be a condition of such application and/or approval and shall
be charged to and paid by the applicant prior to the final filing
of the resolution granting the relief sought or within 90 days of
final disposition of the application, whichever is sooner.
E. Payment of all engineering and legal fees associated
with an application for a building permit shall be a condition of
such application and/or approval and shall be charged to and paid
by the applicant prior to the issuance of any certificate of occupancy
or within 90 days of final disposition of the application, whichever
is sooner.
F. Payment for engineering and legal costs associated
with inspection and sign-off of all improvements secured by a letter
of credit shall be secured by said letter of credit by provision of
additional security in the sum of 4% of the proposed improvement secured
for the Town's engineering and legal costs and 4% to secure the services
of applicant's engineer for site inspection purposes. This security
shall not serve as a limit upon the obligation of the applicant for
the entire cost of the Town's engineering and legal costs, which shall
be fully payable, with or without recourse to the letter of credit,
within 30 days of the inspection or sign-off, which is sooner.
[Amended 5-14-2014 by L.L. No. 2-2014]
A. The agent or employee of the Town issuing applications for municipal
approvals shall notify all applicants for municipal approvals of these
fees and the responsibility of the applicants therefor. No application
shall be accepted by a reviewing agency from any individual, entity
or related party (defined below) that has unpaid professional service
fees imposed by this chapter.
B. For purposes of this section the term "related party" means:
(1) Any affiliate or subsidiary of an entity that has unpaid professional
service fees imposed by this chapter; or
(2) Any person who has any ownership interest in an entity, its affiliates
or subsidiaries that has unpaid professional services imposed by this
chapter.
The provisions of this chapter shall be effective
regarding engineering and legal fees incurred from this date forward
on pending applications after due notice to all pending applicants.
All resolutions or decisions disposing of municipal
approval applications shall address the fees imposed in this chapter;
provided, however, that the failure to do so does not constitute a
waiver of the Town's right to charge and collect said fees or relieve
the applicant from the obligation to pay said fees.
Upon proper application to the Town Board the
Board may, in its sole discretion, upon good cause shown, waive any
or all of said fees, which waiver shall be effective only by resolution
duly adopted by the Board.