This law repeals, supersedes and replaces Chapter 204, Flood Damage Prevention, of the Code of the Town of Milo that was adopted on October 27, 1997, as well as its subsequent amendments.
Nothing in this chapter shall be construed as authorizing any authority having jurisdiction responsible for the administration and enforcement of this chapter to do so in a manner that deprives any person or entity of due process of law.
An owner shall be responsible for compliance with this chapter regardless of any agreement between or among agents, lessors, operators, occupants or persons as to which party shall be responsible.
The local administrator and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain assistance from any Town department, agency or employee as may be deemed necessary and appropriate under the circumstances. Furthermore, the local administrator and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain assistance from qualified consultants as may be deemed necessary and appropriate under the circumstances. The owner shall pay any expenses incurred by the Town as it pertains to such assistance.
No permit or certificate issued pursuant to this chapter shall be issued until all applicable fees and administrative costs have been paid to this Town.
A.
In addition to the fees required in this section, the owner shall reimburse the Town for administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) attributable to an application or the administration and/or enforcement of this chapter.
B.
All administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) incurred by the Town in the review and processing of the applications shall be charged back to the owner as a fee related to the application submitted.
C.
The Town may also require the owner to deposit a lump sum to retain any professional service providers (including, but not limited to, engineers, attorneys and surveyors), consultants and/or third-party agencies/inspectors the Town determines are necessary for its review of an application. If such a sum is insufficient to fund the necessary consulting or inspection services, the Town may require additional deposits. Such payment(s) shall:
(1)
Be deposited with the Town Clerk who shall establish a line item for this purpose. Expenditures from this line item may be made at the direction of the Town Clerk without further appropriation.
(2)
Pay only for the expenditure rendered in connection with the project for which an application has been submitted by the owner.
(3)
At the completion of the Town's review of a project, any excess amount in the line item attributable to the project shall be repaid to the owner. A final report of said line item shall be made available to the owner by the Town Clerk if requested.
D.
In the event that the Town is required to refer for collection any outstanding administrative cost and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) for any reimbursement, the owner shall, in addition to the reimbursements, be obligated to pay a reasonable attorneys' fee and costs incident to any action commenced by the Town to collect such fees. Reasonable attorneys' fees shall also include any disbursements that may result from the commencement of litigation. Any owner shall be deemed to be in default of their obligation of fee reimbursement for their failure to remit said reimbursements within 30 days of notice to pay.
E.
The Town may assess penalties at the rate of approved by the Town Board for delinquent reimbursements.
Any payment of a fee or administrative cost to the Town is not refundable regardless if a permit or certificate has been issued pursuant to this chapter.
The failure of the owner to pay any fee, expense incurred by the Town and/or penalty in connection with the administration and enforcement of this chapter shall be assessed against the lot of record that is subject to any action prescribed in this chapter and shall be levied and collected in the same manner as provided in the Town Law of the NYS, as currently in effect and as hereafter amended from time to time, for the levy and collection of Town taxes or special ad valorem levies.
The Town Board may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any applicable law. Should the Town decide to take part in an intermunicipal agreement with other communities or the county, a revised resolution or updated language must be shared with the NYSDEC's Floodplain Management Program or FEMA for review prior to adoption.