[HISTORY: Adopted by the Town Board of the Town of Milo as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-2005 by L.L. No. 3-2005 (Ch. 87, Art. I, of the 1997 Code)]
This article shall be known and may be cited as the "Fee Structures
Law of the Town of Milo."
A.
The Town Board hereby finds and determines that, in order to protect
and safeguard the Town of Milo, its residents and their property with
respect to certain land developments within the Town, all buildings,
highways, drainage facilities, sanitary sewer facilities, other utilities
and parks within said developments 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, that, in order to assure
the foregoing, it is essential for the Town to have competent engineers
retained by the Town to review and approve plans and designs, make
recommendations to the Town Board and Planning Board, inspect the
construction of highways, drainage, sewer, other facilities and parks
to be dedicated to the Town and to recommend their acceptance by the
Town, and to have competent attorneys retained by the Town to negotiate
and draft appropriate agreements with developers, obtain, review and
approve necessary securities, insurance and other legal documents,
review proposed deeds and easements to assure the Town is obtaining
good and proper title and to generally represent the Town with respect
to legal disputes and issues with respect to developments, and that
the cost of retaining such competent engineers and attorneys should
ultimately be paid by those who seek to profit from such developments
rather than from general Town funds which are raised by assessments
paid by taxpayers of the Town.
B.
This article 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 Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of application for subdivision approval and for the approval, amendment or extension of planned unit developments under Chapter 350, Zoning, of the Code of the Town of Milo, 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 §§ 274-a, 276 and 277 to empower the Town to require such payment as a condition to such approvals.
As used in this article, the following terms shall have the
meaning indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Town
Planning Board or Town Board to approve a development.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which constructs or proposes
to construct one or more highways, drainage facilities, utilities,
or parks within or in conjunction with a development and to convey
or dedicate same to the Town.
All surface water drainage facilities, including, but not
limited to, detention and retention basins, storm sewers and their
appurtenances, drainage swales and ditches, and any easements through
or over which said facilities may be constructed or installed in or
in connection with a development.
Includes a street, avenue, road, square, place, alley, lane,
boulevard, concourse, parkway, driveway, overpass and underpass, and
also includes all items appurtenant thereto, including but not limited
to bridges, culverts, ditches, shoulders, and sidewalks in or in connection
with a development.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
A residential project comprising two or more buildings designed
to be maintained and or operated as a single unit in a single ownership
or control by an individual, partnership, corporation or cooperative
group, which has certain facilities in common, such as yards and open
spaces, recreation areas, garage and parking areas established under
the zoning laws of the Town,[1] including any site plan review pursuant to the Town (or
any successor provision) or environmental review pursuant to the New
York State Environmental Quality Review Act.
A subdivision of land, pursuant to Chapter 295 of the Code of the Town of Milo (as amended) and the land subdivision regulations of the Town, including any site plan review pursuant to Chapter 350, Zoning (or any successor provision), or environmental review pursuant to the New York State Environmental Quality Review Act.
The Town of Milo.
All water, sanitary sewer, gas, electric, telephone, cable
television facilities and any easements through or over which said
facilities may be constructed or installed in or in connection with
a development.
A.
Subdivisions.
(1)
The applicant for approval of a subdivision in the Town shall reimburse
the Town of all reasonable and necessary engineering expenses incurred
by the Town in connection with the review and consideration of such
subdivision.
(2)
A developer who constructs, or proposes to construct, one or more
highways, drainage facilities, utilities or parks within or in conjunction
with an approved subdivision in the Town shall reimburse the Town
for all reasonable and necessary legal and engineering expenses incurred
by the Town in connection with the inspection and acceptance by the
Town of such highways, drainage facilities, utilities and parks and
the dedication of same to the Town.
B.
Planned unit developments.
(1)
An applicant for the approval, amendment or extension of a planned
unit development in the Town shall reimburse the Town for all reasonable
and necessary legal and engineering expenses incurred by the Town
in connection with the review and consideration of said application.
(2)
A developer who constructs or proposes to construct one or more buildings,
highway drainage facilities, utilities or parks within or in conjunction
with a planned unit development in the Town shall reimburse the Town
for all reasonable and necessary legal and engineering expenses incurred
by the Town in connection with the granting of any building permit
and in connection with the inspection and acceptance by the Town of
such highways, drainage facilities, utilities and parks and the dedication
of same to the Town.
B.
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 legal or engineering fee incurred by the Town for
services preformed in connection with matters, including but not limited
to those resulting from complaints by third parties, as to which the
Town Board determines the applicant or developer had no responsibility
or was beyond the reasonable control of the applicant or developer.
A.
Simultaneously with the filing of an application for approval of a development and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in § 191-7 of this article, which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in § 191-3 of this article.
B.
Upon receipt of such sums, the Town Supervisor shall cause such monies
to be placed in a separate non-interest-bearing account in the name
of the Town and shall keep a separate record of all such monies so
deposited and the name of the applicant or developer and project for
which such sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized vouchers
from an engineer and/or attorney for services rendered on behalf of
the Town pertaining to the development, the Town Supervisor shall
cause such vouchers to be paid out of the monies so deposited, and
shall furnish copies of such vouchers to the applicant or developer
at the same time such vouchers are submitted to the Town.
D.
The Town Board shall review and audit all such vouchers and shall
approve payment of only such engineering and legal fees as are reasonable
in amount and necessarily incurred by the Town in connection with
the review, consideration and approval of developments and the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments. For purpose of the
foregoing, a fee or part thereof is reasonable in amount if it bears
a reasonable relationship to the average charge by engineers or attorneys
to the Town for services performed in connection with the approval
or construction of a similar development, and in this regard the Town
Board may take into consideration the size, type and number of buildings
to be constructed, the amount of time to complete the development,
the topography of the land on which such development is located, soil
conditions, surface water, drainage conditions, the nature and extent
of highways, drainage facilities, utilities and parks to be constructed
and any special conditions or considerations as the Town Board may
deem relevant; and a fee or part thereof is necessarily incurred if
it was charged by the engineer or attorney for a service which was
rendered in order to protect or promote the health, safety or other
vital interests of the residents of the Town, protect public or private
property from damage from uncontrolled, surface water runoff and other
factors, assure the proper and timely construction of highways, drainage
facilities, utilities and parks, protect the legal interests of the
Town, including receipt by the Town of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability,
and such other interests as the Town Board may deem relevant.
E.
If at any time during or after the processing of such application
or in the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks there shall be insufficient
monies on hand to the credit of such applicant or developer to pay
the approved vouchers in full, or if it shall reasonably appear to
the Town Supervisor that such monies will be insufficient to meet
vouchers yet to be submitted, the Town Supervisor shall cause the
applicant or developer to deposit additional sums as the Supervisor
deems necessary or advisable in order to meet such expenses or anticipated
expenses.
F.
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Town Supervisor shall notify,
as applicable, the Chairperson of the Planning Board, Town Board and/or
Town's Code Enforcement Officer of such failure, and any review,
approval, building permit or certificates of occupancy may be withheld
by the appropriate board, officer or employee of the Town until such
monies are deposited.
G.
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, and after payment
of all approved vouchers submitted regarding such development, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
The amount of the initial deposit for the various developments
covered by this article shall be as set forth in a schedule of deposits
established from time to time, by resolution of the Town Board. Said
schedule shall remain in effect and shall apply to all applicants
and developers until amended or revised by subsequent resolution.
The deposits required by this article shall be in addition to
any application fees as may be required by other laws, rules, regulations
or ordinances of the Town, and shall not be used to offset the Town's
general expenses of legal and engineering services for the several
boards of the Town, nor its general administration expenses.
This article shall be interpreted in such a way wherever possible
so that the meaning of the words and phrases and sections herein shall
make them valid and legal in their effect. Whenever the requirements
of this article are at variance with the requirements of other lawfully
adopted rules, regulations or laws, the law with the most restrictive
provisions or those imposing the higher standards shall govern.
[Adopted 5-5-2009 by L.L.
No. 2-2009 (Ch. 87, Art. II, of the 1997 Code)]
This article to establish standards for the imposition of fees
for licenses, permits, consultant, attorney and expert services in
the Town of Milo shall be known as the "Fee Reimbursement Law."
It is hereby declared the intent of this article to provide
provisions applicable to all Administrative Costs and Fees incurred
by the Town in reviewing and processing Municipal Applications which
may or may not be approved. In addition, this article shall be applicable
to any other Fees required to be paid by an Applicant(s) under any
Chapter of the Code of the Town of Milo (hereinafter termed the "Code").
It is the purpose of this article to provide the Town Board
with the authority to appoint all Town Legal Counsel and Consultants
to perform expert and/or professional services for the Town or any
of its boards as well as the authority to recoup and be reimbursed
from any Applicant Administrative Costs and Fees incurred in the processing
of Municipal Applications or as otherwise set forth in the Code. The
Town shall be authorized to impose upon the Applicant(s) such Administrative
Costs and Fees as are Reasonably Necessary to process such Municipal
Applications and as otherwise are Reasonably Necessary for the proper
performance by the Town of its governmental functions as authorized
by the Code.
A.
Title. This section shall be known as the "Appointment of Town Legal
Counsel, Engineers and Consultants and Administrative Cost and Fee
Reimbursement Local Law."
B.
Applicability. This article shall be applicable to all Administrative
Costs and Fees incurred by the Town in reviewing and processing Municipal
Applications which may or may not be approved. In addition, this article
shall be applicable to any other Fees required to be paid by an Applicant(s)
under any other provision of the Code.
C.
Purpose. The purpose of this section shall be to provide to the Town
Board the authority to appoint all Town Legal Counsel and Consultants
to perform expert and/or professional services for the Town or any
of its boards as well as the authority to recoup and be reimbursed
from any Applicant Administrative Costs and Fees incurred in the processing
of Municipal Applications or as otherwise set forth in the Code. The
Town shall be authorized to impose upon the Applicant(s) such Administrative
Costs and Fees as are Reasonably Necessary to process such Municipal
Applications and as otherwise are Reasonably Necessary for the proper
performance by the Town of its governmental functions as authorized
by the Code.
D.
ADMINISTRATIVE COSTS AND FEES
APPLICANT(S)
ATTORNEY FEES
AUDITED
CONSULTANT
CONSULTANT FEES
ENGINEERING FEES
LAND SURVEY FEES
MUNICIPAL APPLICATION
MUNICIPAL FINANCE FEES
REASONABLY NECESSARY
TOWN ENGINEER
TOWN LEGAL COUNSEL
Definitions. For the purposes of this article, the following phrases
and words shall have the meaning assigned below. Capitalized words
and phrases are defined terms as indicated below.
Those Reasonably Necessary charges and fees ("Fees") incurred
by the Town in processing and reviewing Municipal Applications within
the Town of Milo, including but not limited to:
The property owner of record of the real property that is
the subject matter of a Municipal Application or who has otherwise
applied for any approval, hearing, certificate, license or permit
from the Town of Milo, and/or any applicant, agent and/or representative
acting in concert with and/or on behalf of such property owner, including
but not limited to a prospective purchaser or developer of such real
property.
Those fees billed to the Town by any of its Town Legal Counsel
regarding a Municipal Application in accordance with the rates established
and approved by the Town Board by resolution and as Audited, approved
and paid by the Town Board by resolution.
Reviewed and approved by the Town Board for allowance and
payment upon a determination that such Administrative Costs and Fees
are Reasonably Necessary.
An independent contractor duly appointed by the Town Board
by resolution to perform expert and/or professional services for the
Town and/or any of its boards pursuant to a written contract of such
duration as determined by the Town Board. The Town Board shall appoint
all Consultants to the Town and/or any of its boards.
Those fees billed to the Town by any Consultant duly appointed
by the Town Board by resolution regarding a Municipal Application
and as Audited, approved and paid by the Town Board and adopted by
Town Board resolution.
Those fees billed to the Town by its Town Engineer or any
engineer regarding a Municipal Application as Audited, approved and
paid by the Town Board and adopted by Town Board resolution.
Those fees billed to the Town in connection with the survey
of land regarding a Municipal Application as Audited, approved and
paid by the Town Board and adopted by Town Board resolution.
Municipal Applications, including but not limited to zoning,
rezoning, subdivision, site plans, special use permits, variances,
building permits, clearing and grading permits, waste management facilities
permits, adult entertainment licenses and any other permits, licenses
or approvals granted by the Town of Milo.
Those fees billed to the Town in connection with any financial
document, instrument or transaction regarding a Municipal Application
as Audited, approved and paid by the Town Board and adopted by Town
Board resolution.
Such Administrative Costs and Fees and all other costs and
expenses that are reasonably related to the processing and reviewing
of the Municipal Application in the proper exercise by the Town of
its governmental functions and that are equivalent to the average
and customary fees charged within our community.
The professional engineering firm duly appointed each year
as an independent contractor by resolution of the Town Board to provide
professional engineering services to the Town and/or any of its boards
pursuant to a written contract for a period of one year and in accordance
with the engineering fee schedule set forth in such contract.
An attorney duly appointed by the Town Board to represent
the Town or any of its boards, including but not limited to a "Town
Attorney," "Attorney for the Town," "Attorney for the Planning Board,"
"Attorney for the Zoning Board of Appeals" and any "Special Counsel."
For purposes of this article, "Town Attorney" shall mean a full- or
part-time salaried Town Attorney appointed by the Town Board to represent
the Town at a salary and for a term of office of at least one year
as determined and approved by the Town Board by resolution; "Attorney
for the Town" shall mean an attorney appointed by the Town Board to
represent the Town and the Town Board pursuant to a written contract
for a period of not more than one calendar year and at a rate of compensation
as determined and approved by resolution of the Town Board; "Attorney
for the Zoning Board of Appeals" shall mean an attorney appointed
by the Town Board to represent the Zoning Board of Appeals pursuant
to a written contract for a period of not more than one year and at
a rate of compensation as determined and approved by resolution of
the Town Board; "Attorney for the Planning Board" shall mean an attorney
appointed by the Town Board to represent the Planning Board but subject
in all respects to approval of the Town Board by resolution. Any "Attorney
for the Planning Board" shall perform legal services for the Planning
Board pursuant to a written contract for a period of not more than
one year and at a rate of compensation as determined and approved
by resolution of the Town Board; "Special Counsel" shall mean an attorney
appointed by the Town Board pursuant to a written agreement at such
rate of compensation and for such term as determined by the Town Board
by resolution to represent the Town and/or any of its boards and/or
to assist the Town Attorney, if any, or any Attorney for the Town
in any litigation, action or proceeding or with respect to any subject
matter, improvement or proceeding, including but not limited to tax
proceedings, environmental reviews undertaken pursuant to the New
York State Environmental Quality Review Act (SEQRA) and/or review
and/or preparation of any SEQRA Environmental Impact Statement where
the Town is designated as lead agency. The Town Board shall in all
respects appoint by resolution any Town Attorney, Attorney for the
Town, any Attorney for the Zoning Board of Appeals and any Special
Counsel. The Planning Board may select the Attorney for the Planning
Board, subject, however to approval by the Town Board by resolution.
E.
Reimbursement by Applicant(s) of Administrative Costs and Fees; right
to review. All Administrative Costs and Fees incurred by the Town
and Audited by the Town Board that are Reasonably Necessary for the
review and processing of Municipal Applications shall after Audit
by the Town Board be charged back to the Applicant(s) as an Administrative
Cost and Fee. The Applicant(s) may, within 20 business days of receipt
from the Town of any request for reimbursement of an Administrative
Cost and Fee, submit to the Town Clerk a written request to review
at Town Hall the invoices of any Town Legal Counsel, Town Engineer
or other Consultant employed by the Town and upon which the reimbursement
of such Administrative Cost and Fee to such Applicant(s) is based.
If such written request to review any such invoices is not timely
filed with the Town Clerk within such twenty-day period, it is deemed
waived.
F.
Collections. As a condition to the processing of any Municipal Application,
the Applicant(s) shall pay to the Town any and all Administrative
Costs and Fees incurred in connection with any previous Municipal
Application that remain unpaid and outstanding, if any. In addition,
and as a condition to any Municipal Application, the Applicant(s)
shall acknowledge in writing the obligation to reimburse the Town
for all Administrative Costs and Fees incurred in connection with
any such Municipal Application or as otherwise required pursuant to
the Code. Any such Municipal Application required to be submitted
to the Town by any Applicant(s) shall state on its first page that
a copy of the current Town Fee Schedule and information regarding
the hourly rates currently charged by any Town Engineer, Town Legal
Counsel and/or Consultant may be obtained from the Town Clerk. Further,
any such Municipal Application shall affirmatively state that the
Applicant(s) shall be jointly and severally obligated to reimburse
the Town of Milo for all such Administrative Costs and Fees incurred
consistent with the requirements of this article and any other provisions
of the Code.
G.
Enforcement; penalties.
(1)
In the event that the Town of Milo is required to take any action,
to refer for collection or to commence any proceeding against the
Applicant(s) regarding failure to reimburse the Town of Milo for any
Administrative Cost or Fee Audited by the Town Board and assessed
against the Applicant(s), in addition to responsibility for reimbursement
of all such unpaid Administrative Cost or Fee, the Applicant(s) shall
be jointly and severally obligated to reimburse the Town of Milo for
the Town's reasonable attorney's fees and for all other
costs and disbursements incident to any such action taken or proceeding
commenced by the Town to collect any such Administrative Costs and
Fees.
(2)
The Applicant(s) shall be deemed to be in default of the obligation
to reimburse the Town for the Administrative Costs and Fees associated
with a Municipal Application upon the failure to remit payment in
full within 30 days of receipt from the Town of Milo of a written
notice requesting such payment. Such written notice will be deemed
to be received by the Applicant(s) within five business days of the
date of mailing as indicated on such written notice.
(3)
The Town of Milo may also assess penalties against any Applicant(s)
in default at the rate of 1% per month for delinquent reimbursement
to the Town of Administrative Costs and Fees.
A.
Declaration of Intent: Fees enumerated. It is the intent of this
section to establish that "Fees" for the Town of Milo shall also include
Reasonably Necessary fees to be charged by the Town Engineer, any
Consultant, any Legal Counsel to the Town, the Code Enforcement Office,
the Town Highway Department, the Town Water Department, the Town Sewer
Department, the Town Board and their employees or agents for each
permit, certificate, license, hearing, public notice, site inspections,
firesafety inspections, building inspections, site plan reviews and
approvals, subdivision review and approvals and any other inspection,
approval, document, instrument, action or proceeding as required under
the Code.
B.
Declaration of Fee Schedule. All Fees in the Town of Milo as set forth in the Code shall be established by Town Board resolution upon a proper determination by the Town Board that such Fees are Reasonably Necessary to the proper performance by the Town of its governmental functions. Except as otherwise set forth in a written contract with any Legal Counsel to the Town, the Town Engineer and/or any Consultant to the Town as approved by the Town Board pursuant to the provisions contained in §§ 191-10 through 191-13 hereof, all such Fees shall be referenced in and made a part of the "Town of Milo Annual Fee Schedule." Such "Town of Milo Annual Fee Schedule" shall be adopted annually by the Town Board at its organizational meeting and maintained in the Office of the Town Clerk where it shall be available upon request for public review and copying. In addition, a copy of the current Town of Milo Annual Fee Schedule shall be posted in a prominent location in the Town office.
C.
Declaration of Fee administration and payment. All Fees are to be
administered and collected by the Town Clerk. All Fees required to
be paid pursuant to the Code in connection with the issuance of any
permit, certificate and/or license by the Town of Milo are to be paid
to and recorded by the Town Clerk prior to the issuance of any such
permit, license or certificate as set forth in the Code.
D.
Charge back of Fees in Annual Fee Schedule to Applicant(s). As provided for in § 191-13 above, all Administrative Costs and Fees that are Reasonably Necessary to the proper performance by the Town of its governmental functions as set forth in the Code shall be charged back to the Applicant(s) after Audit by the Town Board, including but not limited to the Fees set forth in the Town of Milo Annual Fee Schedule.
E.
The Annual Fee Schedule to Applicant(s). A true and correct copy
of the most recent Town of Milo Annual Fee Schedule, as amended from
time to time and as adopted by the Town Board by resolution, shall
be maintained by the Clerk of the Town of Milo.
F.
Miscellaneous Fees. Fees not reflected in a specific law of the Code
or set forth in the Town of Milo Annual Fee Schedule shall be as follows:
G.
Returned checks.[1]
(1)
Statutory authorization. The Town officials collecting money from
persons doing business in the Town of Milo may hereby charge a returned
check fee of $20 for any check returned for insufficient funds.
(2)
Form of future payments. Any person having had a check returned for
insufficient funds may be required by Town officials to remit any
future payments only in the form of cash or by certified or cashier's
check.
The Town Board shall have the authority to waive in its entirety
and/or to reduce fees charged to the Applicant(s) pursuant to this
article on a case-by-case basis upon a showing by the Applicant(s)
by clear and convincing evidence of undue hardship or inappropriateness.
Said Applicant(s) shall file an application for fee waiver or reduction
with the office of the Town Clerk within 30 days of the approval of
the residential land use application. Failure to apply for a waiver
or reduction of fees on a timely basis pursuant to this article shall
bar the applicant from receiving any such waiver or reduction and
from commencing an action in a court of competent jurisdiction to
challenge the imposition of said fees.
This article is enacted pursuant to the authority of Law 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law, authorizing a Town to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession. It is the intent of the Milo Town Board to supersede § 271, Subdivision 2, of the Town Law as it relates to appointment of experts and consultants, including attorneys, in §§ 191-10 through 191-14 of this article.
