The Town of New Castle routinely engages professional consultants
and legal counsel to ensure the timely and thorough review of various
land use and development applications and appeals, including but not
limited to those seeking subdivision approval, site plan approval,
special permits and environmental permits. This chapter establishes
the authority of the Town Board to impose and collect such professional
consulting and legal fees as may be reasonable and necessary for the
Town to ably discharge its regulatory and environmental duties under
applicable law in the review of such applications and appeals.
The reviewing board, the Director of Planning, the Building Inspector or the Town Engineer may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of professional consultant review fees and professional staff services, including but not limited to planning, engineering, environmental and legal expenses actually incurred by the Town. All costs charged to the applicant shall be those reasonable and necessary to the decision-making function of the reviewing board as set defined in §
96-2B. The applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the reviewing board, the Director of Planning, the Building Inspector or the Town Engineer based on an evaluation of the nature and complexity of the application. Such a deposit in escrow may be required at any stage in the application process, including but not limited to pre-application discussions with the applicant. The applicant shall be provided with copies of any Town voucher for consultant fees as they are submitted to the Town and with Town staff time records for services for which reimbursement is sought. When the balance in such escrow account is reduced to 1/3 of its initial amount, 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. A building permit or certificate of occupancy or use shall not be issued unless all such applicant costs have been reimbursed to the Town. After all pertinent costs have been paid, the Town shall refund to the applicant any funds remaining on deposit.
All fees required pursuant to this chapter shall be collected
by the clerk of the board having jurisdiction over the application.
Any fee imposed pursuant to this chapter that remains unpaid
shall become a lien against the real property for which the application
was filed if not paid within 30 days of written demand. Such unreimbursed
fees, including, but not limited to, application fees and professional
review fees, shall thereupon be levied against the said premises in
the same manner as a tax on real property, in addition to all other
taxes, fees, rents or charges that would otherwise be so levied. In
the event an application is filed in connection with more than one
tax lot, then the Town Receiver of Taxes shall distribute such levy
equally among each such tax lot without regard to assessed value or
any other factor.