[HISTORY: Adopted by the Town Board of the Town of Urbana
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-1991 by L.L. No. 2-1991]
This article shall be known and may be cited as "Local Law No.
2 of the Year 1991 of the Town of Urbana." This legislation establishes
various fees and costs, together with the responsibility for their
payment, which are deemed necessary and proper for the cost-effective
administration of those certain municipal functions enunciated herein.
A.
The Town of Urbana, New York, incurs significant expenses in the
operation of the Planning Board, the Zoning Board of Appeals and the
Code Enforcement Officer. These expenses include but are not limited
to administrative costs, legal costs and engineering costs. Henceforth,
whenever these expenses shall be occasioned in connection with an
appeal, application or petition made by an applicant to the Town or
an instrumentality of the Town, then it shall be proper and in the
public interest for the applicant to bear the cost of these expenses
incurred in connection with such appeal, application or petition.
B.
This article is thus enacted to effect and to implement the foregoing.
The applicant shall be liable for the costs listed below.
A.
Administrative costs include but are not limited to processing applications,
consultations among municipal officers and officials regarding the
facts and circumstances of the application, preparation of hearing
notices, publication of hearing notices, providing notice to other
governmental agencies, preparation of affidavits of posting and publication,
preparation and maintenance of official records regarding the application
and municipal review of the application, testimony by municipal officials
at public hearings, processing of resolutions and determinations,
filing fees and miscellaneous services and disbursements.
B.
Engineering costs include review of plans at various stages, analysis
of public improvements, preparation of reports, design analysis, inspection
fees, preparation of improvement costs estimates, examination of property
descriptions and miscellaneous services and disbursements.
C.
Legal costs include but are not limited to application review, review
and analysis of applicable zoning law provisions, review and analysis
of applicable subdivision regulations, preparation of hearing notices,
attendance at meetings and public hearings, preparation of resolutions
and determinations, preparation of SEQR determinations, review of
bonds for public improvements, review of offers of dedication, review
of easements, preparation and review of agreements, review of deeds
and miscellaneous services and disbursements.
D.
SEQR compliance. Whenever environmental analysis is required pursuant
to the provisions of the State Environmental Quality Review Act (SEQRA)
or any local law implementing SEQRA, all expenses relating to the
environmental analysis shall be borne by the applicant. Fees shall
be established pursuant to a resolution of the Town Board, in a manner
consistent with 6 NYCRR 617.
A.
The administrative fee for the particular matter shall be established
by resolution of the Town Board, and such resolution may, from time
to time, be modified.
B.
No action shall be taken by the Town Board, the Planning Board or
the Zoning Board of Appeals or by any Town official on any application
or petition subject to the requirements of this article unless and
until all fees and deposits required hereunder shall have been paid.
Any failure or omission to submit the full payment required shall
render the application or petition incomplete.
C.
In addition to these fees as established from time to time by the
Town Board, which shall be deemed to be minimum fees, any additional
expenses actually incurred by the Town for professional consultations,
including legal and engineering fees and disbursements, as well as
the full amount of all nonministerial costs and expenses which it
has incurred, shall be imposed on the applicant or petitioner and
paid in full.
D.
Legal and engineering fees shall be determined in a manner consistent
with the fees charged for these respective services which are then
prevailing in the general area of the community. Disbursements chargeable
to the applicant shall be those actually, necessarily or reasonably
incurred by these professionals in connection with the particular
application, petition or appeal under consideration.
The Town Board shall establish the fees required for its administrative
costs hereinabove defined, as well as for those particular municipal
services, functions and activities hereinafter set forth. These fees
shall be established by resolution of the Town Board, and such resolution
may be modified from time to time. Any resolution, or modification
thereof, shall take effect after adoption and upon filing with the
Town Clerk and shall be applicable to all pending applications as
well as to applications filed thereafter. All fees paid hereunder
shall be nonrefundable.
A.
Whenever in connection with an application or petition a local law
is necessary or appropriate to implement the benefit or relief sought
or to regulate conditions occasioned by the granting of an approval
or approvals, the total actual expenses incurred by the Town in connection
with the preparation and consideration of a proposed local law shall
be borne by the applicant. The minimum fees established by resolution
shall be paid by the applicant upon the earlier of the submission
of a petition, if applicable, or prior to the endorsement of an approved
subdivision plat or site plan or the issuance of any building permit
or the filing of any applicable local law with the Secretary of State.
B.
Fees shall be established for the following:
(1)
Local laws relative to a change in zoning classification.
(2)
Local laws relative to annexation of lands to the Town.
(3)
Miscellaneous local laws, including stop signs, speed limit and parking
local laws considered in connection with site plans, subdivisions
and zoning amendments (other than zone changes).
C.
If the administrative or other expenses of the Town exceed the amount
deposited pursuant to this section, the balance shall be paid by the
applicant or petitioner prior to the endorsement of any subdivision
plat or site plan or the issuance of any building permit or the filing
of any applicable local law with the Secretary of State.
Fees shall be established for the following activities of the
Zoning Officer and Building Inspector:
Whenever an extension is necessary to prevent an approval from
lapsing or becoming otherwise void, the first such request for an
extension shall be processed at no charge, and the second and each
subsequent request for an extension shall be processed only upon prior
payment of fees established by resolution of the Town Board.
No abatement of fees shall be granted as a result of an applicant
seeking more than one approval or submitting more than one application
in connection with a particular project.
Whenever an application is submitted to amend an approved plan
or permit, it shall be deemed a new application, and the fees specified
pursuant to this application shall apply; provided, however, that
in the case of an amendment to a subdivision plat, the fees shall
be based on the number of lots modified or affected by the amendment;
and provided, further, that in no event shall the fees due on a subdivision
amendment application be less than the minimum provided for a minor
or major subdivision, respectively.
The provisions of this article shall repeal and supersede all
prior requirements for fees and deposits applicable to the matters
and applications set forth herein.
