[HISTORY: Adopted by the Town Board of the Town of Potsdam
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2005 by L.L. No. 5-2005 (Ch. 61A, Art. I, of the 1986 Code)]
The purpose of this article is to amend the Potsdam Town Code.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Town
Board, the Planning Board or the Zoning Board of Appeals to approve
a land use application.
An application for subdivision approval, site plan approval,
open development area site plan approval, an area variance, use variance,
special use permit and any additional review for those as needed to
comply with the New York State Environmental Quality Review Act, Environmental
Conservation Law, Article 8, and regulations adopted pursuant thereto,
and the Town Code, as amended.
A.
The Town may hire any consultant and/or expert necessary to assist
the Town in reviewing a land use application, including, but not limited
to, technical or engineering consultants or special legal counsel.
B.
Except as otherwise provided in the Town Code, if, prior to the completion
of a review of a land use application, the Town discovers the need
to retain consultant and/or expert services, the applicant shall deposit
with the Town funds sufficient to reimburse the Town for the reasonable
costs of consultation and/or evaluation in connection with review
of the application. The Town will maintain a separate escrow account
for such funds.
C.
Upon receipt of such funds, the Supervisor's Clerk shall cause
the money to be placed in an account in the name of the Town and shall
keep a separate record of all money so deposited and the name of the
applicant and the project for which the sums were deposited.
[Amended 2-28-2006 by L.L. No. 1-2006]
D.
The Town's consultants and experts shall invoice the Town for
services rendered in reviewing the application. The Town shall furnish
a copy of each invoice received to the applicant upon receipt of the
invoice by the Town.
E.
The Town shall review and audit all invoices received and shall approve
payment only if such fees are reasonable in amount and necessarily
incurred by the Town in connection with a review of a land use application.
For purposes of this article, a fee is reasonable in amount if it
bears a reasonable relationship to the average charge by such an expert
to the Town or others for services performed in connection with the
review of a project similar to that involved in the land use application.
In this regard, the Town may take into consideration the size and
type of project involved in the land use application and any special
conditions or considerations as the Town may deem relevant in connection
with review of the particular land use applications.
F.
Contracts for the retention of experts shall be let pursuant to the
purchasing policy of the Town unless the contract is one that must
be competitively bid.
G.
After payment of all outstanding invoices, any funds held by the
Town upon completion of a review of a land use application shall be
returned to the applicant.
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 fee incurred by the Town for services performed
in connection with matters, including but not limited to those resulting
from complaints by third parties, as to which the Town determines
the applicant had no responsibility or were beyond the reasonable
control of the applicant.
