[HISTORY: Adopted by the Town Board of the
Town of New Lebanon 3-14-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
The Town Board of the Town of New Lebanon finds
that the Town incurs significant costs in connection with the retention
of planning or engineering consultants to review applications for
major subdivision or other complex projects involving land use within
the Town. The Town Board believes it is unfair to have the Town taxpayers
bear the cost of these consultants, and that the proponents of such
projects, who stand to gain financial benefit from the projects' approval,
should be required to pay the reasonable cost of the Town's consultants.
In order to achieve this goal and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
[Amended 4-9-2019 by L.L.
No. 1-2019]
In connection with any application for a special permit, site
plan, subdivision, zoning amendment, variance or other appeal, or
other land use approval, the reviewing board may require an applicant
to deposit an initial sum of $5,000 into an escrow account in advance
of the review of the application. Said initial sum may be adjusted
by the reviewing board if it determines, based on the estimated cost
to the Town of reviewing the particular type of application before
it, that a different amount would be appropriate. The reviewing board
may consider the professional review expenses incurred by neighboring
municipalities in reviewing similar applications. The reviewing board
may also consider the Town's survey of professional review expenses
in determining the initial sum of money to be deposited in an escrow
account by an applicant.
Said sum of money shall be used to cover the
reasonable and necessary costs of reviewing an application. Costs
may include staff costs or consultant fees for planning, engineering,
legal, and other professional and technical services required for
the proper and thorough review of an application. The reviews governed
by this chapter shall include all environmental review pursuant to
law, including review of the proposed action under the State Environmental
Quality Review Act (SEQRA).
The review expenses provided for herein are
in addition to application or administrative fees required pursuant
to other sections of the New Lebanon Town Code. Monies deposited by
applicants pursuant to this chapter shall not be used to offset the
Town's general expenses of professional services for the several boards
of the Town or its general administrative expenses.
Fees charges strictly as a result of a SEQRA
review shall in no event exceed the maximum amounts that can be charged
pursuant to the SEQRA regulations by the lead agency.
Upon receipt of monies requested for an escrow
account, the Town Supervisor shall cause such monies to be placed
in a separate non-interest-bearing account in the name of the Town
and shall keep a separate record of all such monies deposited and
the name of the applicant and project for which such sums were deposited.
Upon receipt and approval by the Town Board
of itemized vouchers from consultants for services rendered on behalf
of the Town regarding a particular application, the Town Supervisor
shall cause such vouchers to be paid out of the monies so deposited,
and shall debit the separate record of such account accordingly. The
consultant shall make copies of such vouchers available to the applicant
at the same time the vouchers are submitted to the Town.
[Amended 4-9-2019 by L.L.
No. 1-2019]
The Town Board shall review and audit all such vouchers and
shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications. In auditing the vouchers,
the Town Board may take into consideration the size, type and number
of buildings to be constructed, the topography of the site at issue,
environmental conditions at such site, the infrastructure proposed
in the application and any special conditions the Town Board may deem
relevant.
In no event shall an applicant make direct payment
to any Town consultant.
[Amended 4-9-2019 by L.L.
No. 1-2019]
If at any time during the processing of an application the balance
of the escrow account to the credit of the applicant falls below $1,500,
or such other amount as may be established by the reviewing board,
the applicant shall deposit additional funds in such amount as the
reviewing board deems necessary or advisable in order to pay the existing
or anticipated future review expenses associated with reviewing the
application.
In the event the applicant fails to deposit
the requested review fees into an escrow account, any application
review, approval, permit or certificates of occupancy may be withheld
or suspended by the reviewing board, officer or employee of the Town
until such monies are deposited.
Upon completion of the review of an application
or upon the withdrawal of an application, and after all fees already
incurred by the Town have been paid and deducted from the escrow account,
any balance remaining in the escrow account shall be refunded within
60 days after the applicant's request.
