Whenever the Town Board deems it advisable to
seek and procure the services of a professional engineer or other
specialists or technical advisers to inspect or otherwise check or
review the construction of roads, pavement, drainage projects, sanitary
sewers, buildings, developments and structures of unusual importance
to the Town, as well as projects and operations of like importance
to the Town, the Town Board shall procure an estimated cost of the
services involved and shall require the applicant or owner or other
person or corporation responsible for the matter involved to deposit
with the Town of Philipstown the amount of said estimated fee for
the payment thereof.
The Town of Philipstown, through its Town Board
and other various boards, departments and officers, shall not issue
any permits for any of the aforesaid categories until the applicant,
contractor, developer, property owner or other persons or corporations
involved shall have agreed in writing to pay for said engineering
or other special or technical advice and services deemed required
and necessary and shall have made suitable arrangements for payment
of the same, including a deposit to cover the original estimated cost.
[Amended 1-4-2007 by L.L. No. 1-2007; 9-25-2013 by L.L. No.
1-2013]
A. Escrow deposit requirement.
(1) At the time of submission of any application to any board, including
but not limited to the Planning Board, Town Board, Conservation Board,
and Zoning Board of Appeals, the applicant may be required to deposit
funds with the Town. The amount of the deposit shall be established
by resolution of the Town Board in its Fee Schedule. The funds shall
be used by the Town to pay the Town's consultants for all reasonable
costs of planning, engineering, legal, architectural, accounting and/or
other consultants deemed appropriate by the applicable Board. Proof
of this deposit shall be submitted with the application to the applicable
Board. The Board Secretary will ensure proof of this escrow fund prior
to placing the application on the Board's agenda. This fund shall
be monitored by the Board's secretary as to applicable debits and
credits. The Board may increase or decrease the amount of escrow,
if it is appropriate to the application.
(2) Withdrawals shall be made from this fund to pay for
the costs of professional review services. In the event that the escrow
account is subsequently reduced by more than half, the applicant shall
replenish the account to its original balance.
(3) For applications pending at the time of adoption of this provision,
applicants shall be required to deposit funds in escrow and pay for
such expenses incurred after the date of such adoption. The Board
reviewing the application may increase or decrease the amount of the
escrow if it is appropriate to the application.
B. Return of funds. In the event the amount held in escrow
by the Town is more than the amount of the actual billing or invoicing,
the difference between such amount and the actual billing or invoicing
shall be promptly refunded to the applicant after final action is
taken on the application or if the application is withdrawn.
C. Failure to pay fees or replenish escrow account.
(1) No action or approval shall be taken or issued by
the Town if any required escrow payment has not been made.
(2) In the event final approval has been granted and an
outstanding balance for consulting fees remains unpaid, the Building
Inspector shall not grant a building permit and/or certificate of
occupancy until payment of approved outstanding consulting fees has
been made in full.
D. Payment of funds required for complete application
or action. An application for approval, or for any intermediate approval
process, or for any action covered by this article shall not be deemed
complete for any purpose until such time as the funds required by
such Boards shall have been paid to the Town.
E. Application for special arrangements. Whenever any
boards, departments or officers of the Town deem it necessary and
advisable to have engineering or other technical or special advice
in connection with the aforesaid matters for which specific provision
is not otherwise made in law or by local law, ordinance or resolution,
they or any of them shall apply to the Town Board for special arrangement
to be made for such advice and assistance in accordance with the terms
of this article.
F. An applicant shall have the right to appeal to the Town Board the
amount of any required escrow deposit or the amount charged to an
escrow account by a consultant under this section.