An applicant may appeal to the Town Board for a reduction in
the required reimbursement amount. An appeal must be filed with the
Town Clerk no later than 15 days after delivery to the applicant of
the contested invoice, and the appeal must be submitted in writing
and state the specific charges that are objected to and the reasons
for such objections. The applicant's failure to file a written
appeal within 15 days shall constitute consent to reimbursement and
agreement by the applicant that the charges are reasonable in amount
and necessary in connection with the application. Upon good cause
being shown on such appeal, the Town Board, in its sole discretion,
may determine that it will relieve the applicant of the obligation
to reimburse the Town for that part of any consultant fee incurred
by the Town for services performed in connection with an application
which the Town Board determines were not reasonable and necessary.
The Town Board's determination shall be in writing and shall
be made within 45 days of the date that the Town Board receives all
information it requires to decide the applicant's appeal.
The applicant and the owner(s) of the subject real property,
if different from the applicant, shall be jointly and severally responsible
to reimburse the Town for funds expended to pay for consultant services
rendered to the Town. In order for an application to be deemed complete,
the applicant shall provide the written consent of all owners of the
subject real property acknowledging concurrent property owner responsibility
to reimburse the Town for reasonable and necessary consultant fees
incurred by the Town. In the event that insufficient funds have been
deposited in escrow and the applicant and/or the property owner fail
to reimburse the Town for such fees, the following shall apply:
A. The Town may seek recovery of unreimbursed costs for application
review by Town consultants by action in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for and shall pay the reasonable
and necessary attorneys' fees expended by the Town in prosecuting
such action.
B. Alternatively, and at the sole discretion of the Town Board, the
failure of an applicant and/or a property owner to fully reimburse
the Town for consultant fees incurred and expended by the Town may
be remedied by assessing and levying the unpaid amount on the property
owner's property tax bill. Upon approval by the Town Board, such
unpaid amount shall be assessed and levied against and constitute
a lien on the real property upon which it is levied until paid, and
shall be collected in the same manner and at the same time as other
Town real property taxes.
C. In the event the affected premises comprise more than one tax lot,
then the Town is authorized to distribute such levy in proportion
to the assessed value of each lot of the aggregate value of all lots
comprising the premises.
D. Such charges shall be assessed, levied and collected at the same
time and in the same manner as Town real property taxes and shall
be applied by reimbursing the fund from which the Town made payment
of the consultant fees.
E. Prior to Town Board approval to levy such charges or assessments
on the tax bill, the owner of the real property shall be provided
written notice to its last known address as shown on the most recent
Town assessment roll, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property charge or assessment, at a date to be designated
in the notice, which shall be no less than 20 days after its mailing.
F. In the event any applicant or property owner is not in agreement
with any determination by the Town Board regarding fee issues, then
the applicant or property owner shall have the right to file an Article
78 proceeding in the Supreme Court for the County of Sullivan within
30 days of said Town Board determination to challenge that Town Board
determination.