[HISTORY: Adopted by the Town Board of the Town of Elbridge
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-7-2001 by L.L.
No. 3-2001 (Ch. 11 of the Municipal Code)]
A.
The Town
Board herby finds and determines that in order to protect and safeguard
the Town of Elbridge, its residents and their property it is at times
necessary and desirable to obtain professional consultation on applications
before the Town Board, Zoning Board of Appeals and Planning Board
to assure each Board has complete and full information to comply with
its duties and functions stated in the Town of Elbridge Code, as amended,
and the Town Law of the State of New York. To assure that the Town
is in conformity with all applicable laws, governmental codes, rules
and regulations, the Town Board must retain competent professional
review, advice and recommend on matters of engineering, economics,
accounting and law. The cost of retaining such professionals should
be paid by applicants who profit and otherwise benefit from applications
to the Town Board, Zoning Board of Appeals, and Planning Board.
B.
This article is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law § 10, Subdivision 1(ii), and Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board, Zoning Board of Appeals or Town Planning Board to require the reimbursement to the Town of legal, engineering, accounting and economist expenses incurred by the Town in connection with the review and consideration of application, use variances, special permits and site review under Chapter 265, Zoning, of the Code of the Town of Elbridge, as amended, and applications for subdivision under Chapter 240, Subdivision of Land, of the Code of the Town of Elbridge, as amended, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the referral 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
meanings indicated:
A person, firm, partnership, association, cooperative, company
or organization of any kind who or which makes application to the
Town Zoning Board of Appeals, Town Planning Board and Town Board to
approve a subdivision, special permit, use variance, or relief from
any article of this Code where allowed by law.
The Town of Elbridge Code.
Engineer, lawyer, economist, certified public accountant.
Authorization by the Zoning Board of Appeals for the use of land as stated in § 265-86 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A subdivision of land pursuant to Chapter 240, Subdivision of Land, as amended, and the land subdivision regulations of the Town, including any site plan review pursuant to § 265-80 of this Code (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act[1] or Chapter 145, Environmental Quality Review, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[1]
Editor's Note: See Environment Conservation Law § 8-0101
et seq.
A.
The Town Board, the Town Planning Board or the Town Zoning Board
of Appeals, in the review of any application pending before said Board,
may refer such application presented to it to such professionals retained
by the Town Board, the Town Planning Board or the Town Zoning Board
of Appeals, as such Board shall deem reasonably necessary to enable
it to review such application as required by law.
B.
The applicant shall reimburse the Town for the cost of such professional
services.
C.
Charges made by such professionals shall be in accord with charges
usually made for such services in the Onondaga County, New York, region
or pursuant to an existing contractual agreement between the Town
and such professional. However, the applicant will not be charged
for the following services rendered by lawyers employed by the Town.
D.
At such time as the application is approved or denied by the board(s) having jurisdiction, the Town Clerk shall refund to the applicant the deposit required pursuant to § 152-5 less any sums expended by the Town to engage services of said professionals to provide assistance to said boards relating to said project and excluding those services referred to in Subsection C(1) and (2) of this section. A copy of the computation of said sums so expended shall be provided to the applicant at the time that the Town Clerk shall calculate the refund, if any, due the applicant hereunder.
E.
In the event that an application is required to be reviewed by more
than one board, then, in such event and to the extent practicable,
both boards shall use the same professional, who shall in such case,
to the extent practicable, prepare one report providing data, information
and recommendations required. In all instances, duplications of reports
or services shall be sought to be avoided wherever practicable in
order to minimize the cost of such consultants' reports or services
to the applicant. The above fees are in addition to any and all other
fees required by any other law, rule or regulation.
B.
Notwithstanding anything to the contrary contained in this article,
an applicant shall not be required to reimburse the Town for any part
of a legal or engineering 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 Board determines
the applicant had no responsibility or was beyond the reasonable control
of the applicant.
A.
At the time of submission of any application, or thereafter, the
applicant shall provide funds to the Town Clerk for deposit in the
Trust and Agency Account maintained by the Town in an amount to be
determined by the reviewing board with the advice and recommendation
of the professionals to be retained by the Town, based on its evaluation
of the nature and complexity of the application. From such account
withdrawals shall be made to reimburse the Town for the cost of professional
services.
B.
The applicant shall be provided with copies of any voucher for such
services as they are submitted to the Town.
C.
The professionals employed by the Town shall report monthly to the
Town Clerk the monetary value of their services rendered on each project.
D.
When the balance of the applicant's account is reduced to 1/3 of
its initial amount, the Town Supervisor shall advise the applicant
and the applicant shall deposit additional funds into such account
to bring its balance up to the amount of the initial deposit. If such
account is not replenished within 30 days after the applicant is notified,
in writing, of the requirement for such additional deposit, the reviewing
board may suspend its review of the application. An application shall
be deemed incomplete if any amount shall be outstanding.
E.
No permit being sought shall be issued unless all professional review
fees charged in connection with the applicant's project have been
paid.
F.
All fees required pursuant to this article shall be collected by
the Town Clerk.
G.
This article shall be applicable to applications pending at the time
it shall become effective, unless the reviewing board shall determine
that its application would be impracticable, unfair or unjust in the
particular circumstances. Where this article shall be applicable to
a pending application, it shall, in such event, require an applicant
only to pay for professional fees for the services rendered after
it shall have become effective.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Town Board of the Town of Elbridge hereby declares that it
would have passed this article or the remainder thereof had such invalid
application or invalid provision been apparent.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
