[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-24-2003 by L.L. No. 1-2003[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Planning, Zoning and Building Fees, adopted 2-27-1995
by L.L. No. 1-1995 (Ch. 10 of the 1975 Code) and amended in its entirety
1-25-1999 by L.L. No. 1-1999.
A.
A schedule of planning, zoning and building application
and construction inspection fees shall be set by resolution of the
Town Board from time to time. All such fees in effect at the time
of adoption of this article shall remain in effect unless and until
such application fees are modified by resolution of the Town Board.
B.
Except as otherwise provided in § 120-2B(1), the application fees established pursuant to Subsection A above shall be deemed to be the minimum fees, and any additional costs and expenses actually incurred by the Town for professional consultants, inspections and other nonministerial expenses shall be paid by the applicant in accordance with § 120-2 and other laws, resolutions, provisions, regulations and codes of the Town.
C.
All reimbursement payments required by § 120-2 shall be in addition to any application, inspection or other fees as may be required by § 120-1 or by any other laws, resolutions, provisions, regulations or codes of the Town and shall not be used to offset the Town's general expenses of engineering, legal and planning services for the several boards of the Town nor offset the Town's general expenses.
D.
Any fee established elsewhere in this Code which is
not inconsistent with a fee established pursuant to this article shall
remain effective.
E.
This article and the schedule of application and other
fees shall be filed with the Town Clerk. The failure to file any fee
amount with the Town Clerk shall not affect the validity of the fee
or the obligation to pay such fee.
A.
Reimbursement required. The applicant for approval of any land use or land development shall reimburse the Town for all of the Town's reasonable and necessary engineering, legal and planning fees and expenses incurred by the Town in connection with the review and/or approval of the application. Said fees and expenses are deemed application fees. Reimbursement shall be made in accordance with Subsection C of this section. For the purposes of this article, the term "land use or development" shall include, but not be limited to, a subdivision, open development area, site plan, special permit, conditional use, variance, interpretation, appeal to the Zoning Board of Appeals, or zoning amendment; any modification or amendment of the foregoing; and compliance with the State Environmental Quality Review Act (SEQR).
B.
Exceptions.
(1)
With respect to the following land use and development applications, the application fee established by § 120-1A shall be the total fee:
(a)
[1]Residential lot line changes and residential two-lot subdivisions
where no public improvements, road-widening grants or variances are
proposed or required.
[1]
Editor’s Note: Former Subsection B(1)(a), regarding
yard setback applications, was repealed 8-11-2015 by L.L. No. 3-2015.
This local law also provided for the redesignation of former Subsection
B(1)(b) as B(1)(a).
(2)
SEQR review fees shall be governed by § 617.13
of the state SEQR regulations.
C.
Payment of fees and expenses.
(1)
The Town's engineering, legal and/or planning consultant
who render services pertaining to a land use or development application
shall submit monthly itemized vouchers to the Town Board reasonably
setting forth the services performed and amounts charged for such
services.
(2)
The Town Board shall review and audit all such vouchers
and shall determine, in its discretion, the engineering, legal and
planning fees which are reasonable in amount and necessarily incurred
by the Town in connection with the review and/or approval of the land
use or development application.
(a)
A fee or expense or part thereof is reasonable
in amount if it bears a reasonable relationship to the customary fee
charged by engineers, attorneys or planners within the region for
services performed on behalf of applicants or reviewing boards in
connection with applications for land use or development. The Town
Board may also take into account any special conditions for considerations
as the Town Board may deem relevant.
(b)
A fee and expense or part thereof is necessarily
incurred if it was charged by the engineer, attorney or planner for
a service which was rendered in order to assist in the protection
or promotion of the health, safety or welfare of the Town or its residents;
to assist in the protection of public or private property or the environment
from potential damage which otherwise may be caused by the proposed
land use or development; to assure or assist in compliance with laws,
regulations, standards or codes which govern land use and development;
to assure or assist in the orderly development and sound planning
of a land use or development; to assure the proper and timely construction
of public improvements, parks and other facilities which affect the
public welfare; to protect the legal interests of the Town; to avoid
claims against and liability of the Town; or to promote such other
interests that the Town Board may specify as relevant.
(3)
After review and audit of such voucher by the Town
Board, the Board shall provide to the applicant a copy of the voucher,
as audited. The applicant shall pay the total fees and expenses determined
reasonable and necessary by the Board within 30 days after mailing
or other delivery of the voucher to the applicant.
(a)
If the applicant fails to pay the full amount
due within the time prescribed, the reviewing board may refuse:
(b)
All time frames for taking board action, holding
a public hearing or rendering any other determination related to the
application, including time frames which may relate to a default approval,
shall be tolled until such time as the applicant pays the full amount
due.
(4)
Notwithstanding the thirty-day time period prescribed
herein, all reasonable and necessary fees and expenses incurred by
the Town with respect to the application shall be paid to the Town
either prior to the board's decision or in compliance with a condition
of approval. The determination as to the time of such full payment
shall be made by the reviewing board.
(5)
The reviewing board may require the applicant to deposit an initial sum of money with the Town, which monies shall be drawn down by the Town to reimburse the Town for the fees and expenses it incurs. Said monies shall be placed in a separate non-interest-bearing account in the name of the Town, and the Town shall keep a record of the name of the applicant and project and of all such monies deposited and withdrawn. Monthly vouchers submitted by the Town's engineer, attorney, and/or planner shall be reviewed and audited by the Town Board and provided to the applicant, and the applicant may appeal said audited amount as provided herein. If at any time during the application review process it reasonably appears to the reviewing board that the remaining monies on deposit will be insufficient to meet anticipated additional fees and expenses, said board may require the applicant to deposit additional monies in the account to meet such anticipated fees and expenses. If any required deposit is not made, the provisions of Subsection C(3) shall apply.
(6)
The fees and expenses due and payable under this article,
if not paid in the time required, shall be a lien against the real
property which is or was the subject of the land use or development
application review. The amount of such fees and expenses, if not paid
in the time required, may be assessed and levied against such real
property and collected in the same manner as real property taxes.
D.
Appeals. An applicant may appeal in writing to the Town Board for a reduction in the required reimbursement amount. An appeal must be filed with the Town Board no later than 30 days after mailing or other delivery to the applicant of the contested voucher. Upon such appeal, the Town Board, in its discretion, may determine that an applicant is not required to reimburse the Town for that part of an engineering, legal or planning fee incurred by the Town for services performed in connection with an application matter for which the Town Board determines the applicant bears no responsibility and which was beyond the reasonable control of the applicant. The Town Board's determination shall be in writing and shall be made no later than 45 days after receipt of the applicant's appeal. An appeal shall not affect the reviewing board's authority under Subsection C(3) above to refuse to take action due to nonpayment. An applicant may pay the full amount due without waiving its right to appeal.
