[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 6-22-1977 by L.L. No. 6-1977; amended in its entirety 2-13-2006 by L.L. No.
1-2006. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for
a consolidated schedule of fees to be charged in the administration
of Town laws, ordinances, regulations and resolutions and to permit
review and modification of such fees by the Town Board by resolution
duly adopted in accordance with this chapter.
This chapter shall authorize the Standard Schedule
of Fees of the Town of Tuxedo, a copy of which shall be kept on file
with the Town Clerk.
The fees set forth herein shall apply to the
provisions of all of the local laws, ordinances, regulations and resolutions
of the Town of Tuxedo adopted prior to the date of this chapter and
shall supersede any specific fee contained or referred to therein.
The Schedule of Fees of the Town of Tuxedo,
the amounts of which shall be set from time to time by resolution
of the Town Board, shall be established for the categories following:
B.
C.
Septic field inspection fees.
D.
Campground fees: one year, plus per campsite or site
having the capacity for camping.
E.
F.
Applications to Zoning Board of Appeals.[3]
(1)
Fees.
(a)
Interpretation of ordinance, plus the cost of
publication of the notice of public hearing.
(c)
Special permit, plus the cost of publication
of the notice of public hearing.
(d)
Appeals from the Building Inspector, plus the
cost of publication of the notice of public hearing.
(e)
The initial application fee shall be applied
to the fee charged by the ZBA's legal consultant. The ZBA's legal
consultant fees that exceed the initial application fee shall be charged
to the applicant.
(2)
The Zoning Board of Appeals may refer any application
presented to it for a variance, special permit or appeal to such legal,
engineering, planning, technical, environmental or other consultants
as it shall deem reasonably necessary to enable it to review such
application as required by law.
(a)
The charges made by such consultants shall be
in accord with charges usually made for such services in the metropolitan
New York region or pursuant to an existing contractual agreement between
the Town and such consultant.
(b)
The Zoning Board of Appeals Chairman shall approve
all such charges before they are incurred. All such charges shall
be paid upon submission of a Town voucher.
(c)
The applicant shall, in addition to the payment
of the fees set forth above, reimburse the Town for the cost of such
consultant services upon submission of a copy of the voucher therefor.
Such reimbursement shall be in addition to the application fee and
shall be payable prior to the filing of the decision and order of
the Zoning Board of Appeals.
G.
Applications to Town Board.
(1)
Petition to amend Chapter 98, Zoning, plus the cost of publication of the notice of public hearing and, in the case of an application to change the Zoning Map for lands in a residential classification, a per-acre fee for each acre of land affected and, in the case of an application to change the Zoning Map for lands in a nonresidential classification, a per-acre fee for each acre of land affected (plus the fees provided in Subsection H below).
H.
(1)
Land development plan application.
(2)
Preliminary plan application.
(3)
Final plan application.
(4)
Final approval of minor subdivision and bulk land
division.
(5)
Performance bond in the amount of the bond estimate
prepared by the Town Engineer, together with a general liability insurance
policy.
(6)
Town Engineer inspection fee for improvements.
(7)
Maintenance bond (on completion of the improvements
or release of the performance bond).
(8)
Inspection by Town Building Inspector of septic field
installation.
(9)
Site plan review (other than planned integrated developments).
(10)
Site plan review for planned integrated developments.
(a)
Review of a preliminary site plan.
(b)
Review of final site plan In the event, however, that the applicant, concurrently with or prior to the application for final site plan review, makes application to the Planning Board for subdivision approval and has paid or is charged the fees set forth in Subsection H(1), (2) and (3) above, then, in such event, no additional fees shall be charged the applicant pursuant to this subsection.
(11)
Boundary line charge.
(12)
Informal appearance before the Planning Board: no
fee.
I.
The Town Board and the Planning Board, in the review
of any application described above, may refer any such application
presented to it to such engineering, planning, legal, technical, environmental
or other consultants as such Board shall deem reasonably necessary
to enable it to review such application as required by law. The charges
made by such consultants shall be in accord with charges usually made
for such services in the metropolitan New York region or pursuant
to an existing contractual agreement between the Town and such consultant.
The Town Board or Planning Board shall approve all such charges before
they are incurred. All such charges shall be paid upon submission
of a Town voucher. The applicant shall reimburse the Town for the
cost of such consultant services upon submission of a copy of the
voucher therefor, receiving full credit for all moneys paid pursuant
to any per-acre, -unit or -space charge required herein to the extent
not utilized for the project. In the event that an application is
required to be reviewed by both the Town Board and the Planning Board,
then, in such event and to the extent applicable, both Boards shall
use the same consultants, who shall, in such case, prepare one report
providing the data, information and recommendations requested by both
Boards. In all instances, duplications of consultants' reports shall
be avoided wherever possible in order to minimize the cost of such
consultants' reports to the applicant.
J.
Blasting permit fees. A permit fee shall be required for any blasting activity as defined in § 34-2 of the Code of the Town of Tuxedo.
P.
Q.
Commercial forestry registration.
R.
Fire inspections.
(2)
Fuel service stations.
(3)
Mercantile and professional building with one occupant.
(5)
Multiple dwelling.
(6)
Places of public assembly. (Not-for-profit organizations
are exempt from the fee but not from the requirement of inspection.)
(7)
Return
or re-inspections.
[Added 5-24-2021 by L.L. No. 1-2021]
S.
Application to the Architectural Review Board: no
fee.
T.
Application for sewer connection permit.
V.
Miscellaneous permits and fees.
(1)
Landscaping permit.
(2)
Refuse collection permit.
(3)
Snowplowing permit.
(4)
Street openings, excavations.
(5)
Pavement cuts, street crossings.
(6)
Driveway curb cuts.
(7)
Towing permit.
(8)
Zoning text.
(9)
Zoning Map.
(10)
Town Code books.
(11)
Town Code book updates.
(12)
Each time the Code Enforcement Officer or Building Inspector must
reinspect a site as a result of the site not having passed inspection
upon the first inspection, there shall be a re-inspection fee paid.
[Added 5-24-2021 by L.L.
No. 1-2021]
(13)
General construction inspections (residential or commercial/industrial),
per inspection.
[Added 5-24-2021 by L.L.
No. 1-2021]
(15)
Operating permits.
[Added 5-24-2021 by L.L.
No. 1-2021]
All petitions for refunds shall be made to the
Town Board. Refunds of fees will be allowed in proportion to the status
of the application and any funds expended in the processing of such
applications. In no case is more than 2/3 (66%) of the fee refundable.
Where applications are submitted which do not contain the required
materials for review, an administrative fee of 10% of the application
fee will be assessed with the returned application. No fee is refundable
after scheduling of a required public hearing. Where the fee provides
for the reimbursement to the Town of the cost of consultant services,
such reimbursement will be made prior to granting approval of the
application.
The Town Board may annually review the fee schedule
set forth in this chapter and may, by resolution at the annual reorganization
meeting, or after public hearing for which notice determined by the
Town Board shall be given prior thereto, amend the fees authorized
herein.
[Added 12-28-2022 by L.L.
No. 1-2023]
As set forth in this Chapter 48, the applicant for approval of any land use or land development proposal reviewable by the Planning Board, the Zoning Board, or the Town Board shall reimburse the Town for the reasonable and necessary engineering, legal and planning fees and expenses incurred by the Town in connection with the review and/or approval of the application.
A.
The Town has implemented an escrow policy for the purpose of reimbursing
our Town Consultants for review of projects before the Town Board,
the Planning Board and the Zoning Board. These consultants include
the Attorney, Engineer, Planner, and any special consultants the applicable
Board may deem necessary. All consultant fees associated with the
review of an application are reimbursable regardless of whether or
not the project is approved by the Board or pursued by the applicant.
Reimbursement of the Town's consultant expenses shall be made
in accordance with this section.
B.
The Town Board shall establish the initial escrow amounts for the
following categories of applications by resolution at its annual reorganization
meeting or such other time as necessary.
(1)
Application for private, single-family residence requiring Board
review, and/or two lot subdivision or boundary line change.
(2)
Commercial projects/major subdivisions and large residential developments.
(3)
Zoning Board single-family residential area variance.
(4)
Commercial site plan projects/major subdivisions and larger residential
developments.
(5)
Use variances.
(6)
Zoning Board interpretations.
(7)
Applications to the Town Board for zoning law changes or open area
developments under the Town Law.
C.
Initial planning and zoning review escrow deposits shall be delivered
to the Town Building Department Clerk as part of the original application
submission.
(1)
If, upon initial review of the application, it is determined that
the project would need professional consultation that would exceed
the initial escrow deposit, the applicant will be advised, and additional
escrowed funds may be required. The applicant shall then provide any
additional funds to the Town for deposit into such account in the
amount to be determined by the reviewing Board based on its evaluation
of the nature and complexity of the application.
D.
No review shall be undertaken by the consultants on any matter scheduled
before the Town Board, Planning Board or Zoning Board until the initial
fee and escrow deposit as set forth herein is paid.
E.
If the escrow account falls below 25% of the initial deposit, the
applicant shall, unless the requirement is waived by the Chairman,
pay additional funds into the escrow account to maintain that account
at 25% of the initial deposit. If such account is not replenished
within 10 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the applicable Board may
suspend its review of the application until the escrow is replenished.
F.
In the event that an applicant shall withdraw his application at
any stage of the proceedings or when the application review and approval
process has been completed, the balance of funds in the applicant's
account shall be either remitted to the applicant when reimbursement
has been completed and within 60 days of final action by the Planning
Board or, if so directed by the applicant, shall remain on deposit
as the applicant's initial payment toward post-approval inspection
requirements, if any.
G.
The applicant shall remain responsible to reimburse the Town its
costs and expenses in reviewing the applicant's land use application
notwithstanding that the escrow account may be insufficient to cover
such costs and expenses.
H.
In the event that the Town Board, Planning Board or Zoning Board,
in the course of reviewing an application, determines that the proposed
action requires a positive declaration under SEQRA, all costs incurred
by the Board for the review of any environmental impact statements,
whether of a professional or clerical nature, shall be borne by the
applicant pursuant to 6 NYCRR 617.8(a). Such costs shall be covered
by an escrow account to be established pursuant to this section within
15 days of issuance of said positive declaration, or such period as
the respective Board shall otherwise establish, in an amount to be
set by the Board.
I.
All applicants with matters pending before the Town Board, Planning
Board and Zoning Board as of the effective date of this section shall
be required to comply with the new fees and escrow account maintenance
provisions contained herein.
J.
In cases when the complexity of an application (or lack thereof)
or unusual circumstances surrounding the matter require that the initial
fee or the percentage of that initial fee to be maintained in escrow
be modified, the reviewing Board is authorized to grant such modification
within the following guidelines:
(1)
The amount of any initial fee modification shall be reasonably related
to the costs attendant to the Town's review of the application.
(2)
The amount of any escrow maintenance percentage shall be reasonably
related to the complexity of the project, as well as the stage to
which the project has progressed as of the time of modification.
K.
Each of the Town's engineering, legal and/or planning consultants
who render services pertaining to a land use or development application
shall submit monthly itemized vouchers to the Town Board reasonably
setting forth the services performed and amounts charged for such
services.
L.
Copies of said itemized vouchers shall be promptly transmitted to
the applicant upon the Town Board's receipt, together with a
notice notifying the applicant that the failure to object to payment
of the amount of the charges contained in said itemized voucher out
of escrow funds within 15 days of the sending of said notice shall
constitute an agreement by the applicant as to the reasonableness
of the charges.
M.
The reviewing Board (as appropriate) shall review copies of the vouchers
for services rendered to each and shall communicate its approval of
same to the Town Board.
(1)
The Town Board shall review and audit all such vouchers and shall
determine, in its discretion, the engineering, legal and planning
fees which are reasonable in amount and necessarily incurred by the
Town in connection with the review and/or approval of the land use
or development application.
(2)
A fee or expense or part thereof is reasonable in amount if it bears
a reasonable relationship to the customary fee charged by engineers,
attorneys, or planners within the region for services performed on
behalf of applicants or reviewing boards in connection with applications
for land use or development.
(3)
The Town Board may also consider any special conditions for considerations
as the Town Board may deem relevant.
(4)
A fee and expense or part thereof is necessarily incurred if it was
charged by the Engineer, Attorney or Planner for a service which was
rendered in order to assist in the protection or promotion of the
health, safety or welfare of the Town or its residents; to assist
in the protection of public or private property or the environment
from potential damage that otherwise may be caused by the proposed
land use or development; to assure or assist in compliance with laws,
regulations, standards or codes which govern land use and development;
to assure or assist in the orderly development and sound planning
of a land use or development; to assure the proper and timely construction
of public improvements, parks and other facilities which affect the
public welfare; to protect the legal interests of the Town; to avoid
claims against and liability of the Town; or to promote such other
interests that the Town Board may specify as relevant.
N.
After review and audit of such voucher by the Town Board, that Board shall authorize payment of same and shall provide to the applicant a copy of the voucher as audited. The Town Board shall also be responsible for auditing the vouchers submitted to it by the Town consultants for land use approvals which it must approve, including but not limited to zoning law changes and open development area approvals under the Town Law. The provisions of Subsection K of this section shall apply to professional and consulting reviews undertaken on behalf of the Town relating to any approval to be considered by the Town Board.
O.
The Planning Board and Zoning Board are hereby authorized, at the
time of action on any project, to make payment of any amount then
overdue or likely to be later incurred a condition of approval. No
plat or plans will be signed, and no building permit or other permit
shall be issued, until such time as all reimbursement of costs and
expenses determined by the Town Board to be due have been fully paid.
P.
Amounts paid pursuant to this section shall be placed in a trust and agency liability account to fund expenses incurred by the Town in processing the application as provided for in Subsection A above. The Town shall keep a record of the name of the applicant and project and of all such monies deposited and withdrawn. Monthly vouchers submitted by the Town's Engineer, Attorney, and/or Planner shall be reviewed and audited by the Town Board and provided to the applicant, and the applicant may appeal said audit amount as provided herein.
Q.
All fee and expense reimbursement payments are due and payable within 15 days after delivery of a copy of an itemized voucher to the applicant as provided for in Subsection K above. Interest shall accrue on any unpaid itemized voucher at the rate of 9% per annum. The pursuance of an appeal under § 48-8 shall not affect the obligation to pay interest on any unpaid balance ultimately determined to be due.
[Added 12-28-2022 by L.L.
No. 1-2023]
An applicant may appeal, in writing, to the Town Board for a
reduction in the required reimbursement amount. An appeal must be
filed with the Town Board no later than 15 days after mailing or other
delivery to the applicant of the contested voucher. Upon such appeal,
the Town Board, in its discretion, may determine that an applicant
is not required to reimburse the Town for that part of an engineering,
legal or planning fee incurred by the Town for services performed
in connection with an application matter for which the Town Board
determines the applicant bears no responsibility and which was beyond
the reasonable control of the applicant. The Town Board's determination
shall be in writing and shall be made no later than 45 days after
receipt of the applicant's appeal.
