A.
Nonrefundable application fees shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
WECS special use permit: fee as set from time to time by resolution
of the Town Board.
(2)
Wind measurement towers: fee as set from time to time by resolution
of the Town Board.
(3)
Small WECS: fee as set from time to time by resolution of the Town
Board.
(4)
Wind measurement tower special use permit renewals: fee as set from
time to time by resolution of the Town Board.
B.
Building permits. The Town of Potsdam believes the review of building
and electrical permits for wind energy facilities requires specific
expertise for those facilities. Accordingly, for such facilities an
administrative fee as set from time to time by resolution of the Town
Board per permit request shall be charged for administrative costs,
plus the amount charged to the Town by the outside consultant hired
by the Town to review the plans and inspect the work. In the alternative,
the Town and the applicant may enter into an agreement for an inspection
and/or certification procedure for these unique facilities. In such
case, the Town and the applicant will agree to a fee arrangement and
escrow agreement to pay for the costs of the review of the plans certifications
or conduct inspections as agreed by the parties, document handling
and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Nothing in this chapter shall be read as limiting the ability of
the Town to enter into host community agreements with any applicant
to compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review,
including the review required by SEQRA.
D.
The Town Board may amend these fees by resolution after a properly
noticed public hearing.
The Town of Potsdam hereby exercises its right to opt out of
the tax exemption provisions of Real Property Tax Law § 487,
pursuant to the authority granted by Subdivision 8 of that law.
A.
The Town Board shall appoint such Town staff or outside consultants
as it sees fit to enforce this chapter.
B.
Any person owning, controlling, or managing any building, structure,
or land who shall undertake a wind energy conversion facility or wind
monitoring tower in violation of this chapter or in noncompliance
with the terms and conditions of any permit issued pursuant to this
chapter, or any order of the enforcement officer, and any person who
shall assist in so doing, shall be guilty of an offense and subject
to a fine of not more than $250 or to imprisonment for a period of
not more than 15 days, or subject to both such fine and imprisonment.
Every such person shall be deemed guilty of a separate offense for
each week such violation shall continue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In case of any violation or threatened violation of any of the provisions
of this chapter, including the terms and conditions imposed by any
permit issued pursuant to this chapter, in addition to other remedies
and penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural
alteration, reconstruction, moving, and/or use, and to restrain, correct,
or abate such violation, to prevent the illegal act.
