Town of Maine, NY Professional Consultation Fees

The Town of Maine Town Board, Planning Board, Zoning Board of Appeals, and Code Enforcement Officer, in the review of any pending application, may refer such application to such engineering, legal, environmental consultant and/or professional(s) retained by the Town as shall be deemed reasonably necessary to enable it to review such application as required by law.

The applicant shall reimburse the Town for the cost of professional consultant services reasonably necessary to enable it to review such application. In no event shall the applicant's responsibility be greater than the actual cost to the Town of such professional consultant services.

Charges made by such consultants shall be in accord with charges usually made for such services in the Broome County, New York, region.

In the event that an application is required to be reviewed by more than one Board, to the extent practicable, all such Boards shall use the same consultant. In all instances, the Town shall attempt to avoid duplication of consultant reports or services wherever practicable in order to minimize the cost of such consultants to the applicant.

At the time of submission of an application, or immediately thereafter, an escrow account shall be established from which withdrawals shall be made to reimburse the Town for the costs of professional consultants' services. Upon establishment of an escrow account, the applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the Town based upon:

(1)

The costs of professional consultant services in connection with comparable applications in the Broome County, New York, region; and

(2)

The nature and complexity of the application with the decision of the Town to be final and conclusive on the applicant.

Expenditures from the escrow account shall be made by the Town as follows:

(1)

The professional consultants employed by the Town shall provide an itemized voucher to the Town as to the monetary value of their services rendered on each project.

(2)

The Town shall review and audit all vouchers and shall determine whether such professional consultant expenses are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications.

(3)

Upon receipt of a request by the applicant, the Town shall supply copies of such vouchers to the applicant reasonably in advance of audit and approval, appropriately redacted where necessary to shield legally privileged communications between Town officials or employees and the Town's professional consultants.

(4)

In the event of request, the applicant shall be entitled to be heard by the Town on reasonable advance notice regarding expenditures from the escrow account.

(5)

After audit and approval of such vouchers by the Town, the Town may make payments from the escrow account.

(6)

If the escrow account is depleted, the applicant shall replenish the escrow account upon request by the Town in an amount the Town determines is reasonably necessary to enable it to continue review of the application and if the costs for such professional consultant services are reasonably similar to such costs for comparable applications in the Broome County, New York, region.

(7)

A building permit or other permit or approval being sought by the applicant shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Town.

(8)

Any unexpended funds in an applicant's escrow account after the payment of all professional consultants' fees shall be returned to the applicant upon application to the Town for the same.