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Town of Greenwich, NY
Washington County
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[HISTORY: Adopted by the Town Board of the Town of Greenwich 8-12-2014 by L.L. No. 1-2014. Amendments noted where applicable.]
This chapter shall be known as the "Franchise Transfers-Professional Review Fees Local Law."
The purpose of this chapter is to allow the Town of Greenwich to be reimbursed for fees and expenses which are reasonably necessary and which are incurred for reviewing applications from franchise holders for transfer of their franchise to another entity. This chapter shall be applicable to any franchise holder that has entered into an agreement with the Town whether it be a cable operator, electric company, gas company, water company or other similar entity of whatever nature or type that provides a service to the residents of the Town for a fee. The Town Board finds that significant expenses are necessarily incurred by the Town Board and other Town officials in reviewing and determining applications for such transfers of franchises. The Town Board finds that these expenses should rightfully be incurred by the persons making such application and should not become a Town charge.
A. 
Costs.
(1) 
On all applications or petitions to the Town Board by a franchise holder for approval of a transfer, the applicant or petitioner shall be liable for and shall also reimburse the Town for the following costs which may be incurred by the Town in processing the application:
(a) 
Consultation or study fees relative to financial impacts, environmental or other specialized areas.
(b) 
Engineering fees.
(c) 
Legal fees.
(d) 
Administrative fees (including postage, filing fees, recording fees, inspection fees, publication fees and all other applicable disbursements).
(e) 
Stenographic minutes of meetings and hearings.
(2) 
All the foregoing fees shall be consistent with fees for services then prevailing in the community and must be reasonably necessary to the processing and consideration of the application or petition. The foregoing review fees shall be in addition to application fees otherwise payable to the Town Supervisor.
[Amended 12-28-2016 by L.L. No. 1-2017]
B. 
Escrow deposits.
(1) 
Deposit. Upon application or petition, the applicant or petitioner shall deposit with the Town Supervisor an amount established by the Town Board, which deposit shall be utilized to defray and reimburse the Town for those costs listed in Subsection A hereof which have been actually and necessarily incurred by the Town.
[Amended 12-28-2016 by L.L. No. 1-2017]
(2) 
Right to draw upon account. The Town Supervisor shall be entitled to draw upon the account with the approval of the Board before which the application or petition is pending, after approval of the Town Board, to reimburse the Town for the expenses it incurred in regard to review of the subject application or petition.
[Amended 12-28-2016 by L.L. No. 1-2017]
(3) 
Depletion of account. If the escrow fund maintained for the applicant or petitioner is depleted prior to the conclusion of the application or petition process, the Town Board shall determine and notify the applicant or petitioner by mail or in person at a Board meeting of the additional amount to be deposited to the fund, which amount shall be paid by the applicant or petitioner to the Town Supervisor within 15 days of mailing or giving of such notice.
[Amended 12-28-2016 by L.L. No. 1-2017]
(4) 
Failure to replenish account. Failure to replenish the account within 15 days may, at the discretion of the applicable Board, cause the application or petition to be suspended.
(5) 
Refund. The unused portion of such deposit shall be returned to the applicant or petitioner within 30 days after determination of the application or petition has been concluded or terminated.
C. 
Action on application or petition. No action shall be taken by the Town Board on any application or petition subject to the provisions of this section until all fees and deposits required hereunder are paid in full.
D. 
The Town Board shall not consider any application or petition presented to it until the funds required to be deposited with the Town Supervisor as provided in this section have been paid in full. All time limits for consideration of an application or petition by The Town Board shall be tolled while said costs remain unpaid.
[Amended 12-28-2016 by L.L. No. 1-2017]
E. 
The applicant or petitioner shall not be entitled to recover interest on the moneys deposited with the Town Supervisor pursuant to this section.
[Amended 12-28-2016 by L.L. No. 1-2017]