[Added 5-1-1992 by L.L. No. 10-1992]
A. Fees generally. The fees presently charged by the
Planning Board for applications for waivers of subdivision approval,
for pre-preliminary, preliminary and final subdivision applications
and for engineering reviews and inspections connected with the same
are hereby continued. From time to time, the Town Board may, by resolution
and with the consent of the Planning Board, amend one or more of the
above fees or institute new fees for reviews, inspections, applications
or approvals required under this chapter. The Planning Board shall
maintain a current schedule of all such fees and shall make the same
available to any member of the public wishing to obtain a copy of
the same.
B. Authority of Town Board. In amending by resolution
one or more of the fees referred to in the preceding subsection or
in instituting new fees as authorized by the preceding subsection,
the Town Board may do the following:
(1)
Set different fees for different types of reviews,
inspections, applications or approvals;
(2)
Set fees which are cumulative or graduated,
or which change depending on some variable in an application for which
a fee is imposed;
(3)
Set the time or point in an application at which
a given fee is payable, such as at the time the application is made;
(4)
Set fees for extensions of previously issued
approvals, for modifications of such approvals or for the scheduling
or rescheduling of public hearings on applications for approvals;
(5)
Provide that one or more fees are nonrefundable;
and
(6)
Do any other thing which ensures a fair charge
or reimbursement for the activities and expenses of the Planning Board
or the town in processing, reviewing and approving applications made
under this chapter.
C. Completeness of applications. (Reserved)
D. Validity of approvals; nonwaivability of fees. The
failure of the Planning Board to collect a fee required under this
section shall not be deemed to invalidate an approval issued or granted
by the Board, unless the Board conditioned its approval upon remittance
of the fee and it is not remitted. However, the failure of the Planning
Board to collect a fee required under this section before the Board
approves an application shall not constitute a waiver of the Board's
right to collect the said fee.