[Added 11-7-1991]
A.
The fee for applications to the Planning Board, including fees for subdivisions, petitions for amendments to the Zoning Map or any provision of Chapter 235, site plan approval, special exception use permit, preliminary sketch plan review, subdivision approval, final subdivision approval, or freshwater wetlands permits shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 8-2-2000 by L.L. No. 4-2000; 2-21-2007 by L.L. No.
1-2007]
B.
The Town Board, the Planning Board and the Zoning Board of Appeals, in the review of any application described above or as set forth in this chapter, may refer such application presented to it to such engineering, planning, legal, technical, environmental or other professional, including, without limitation, professional(s) employed by the town, as such Board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in the metropolitan New York region and pursuant to contractual agreement between the town and such professional. Charges made by the town shall be in accord with the hourly rates upon which the employee's actual salary is based, plus fringe benefits and reasonable overhead. All such charges shall be paid by the town upon submission of a town voucher. The applicant shall reimburse the town for the cost of such professional review services upon submission of a copy of the voucher or at the discretion of the reviewing board in accordance with § 235-79 of this chapter. The payment of such fees shall be required in addition to any and all other fees required by this section or any other section of this chapter or any other town law, ordinance or regulation.
A.
At the time of submission of any application listed in § 235-78 of this chapter the reviewing board may require the establishment of an escrow account or accounts from which withdrawals shall be made to reimburse the town for the cost of professional review services, including, without limitation, the cost of professional review services permitted under the State Environmental Quality Review Act[1] and the regulations thereunder.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.
The applicant shall then provide funds to the town
for deposit into such account(s) in an amount to be determined by
the reviewing board based on its evaluation of the nature and complexity
of the application. The applicant shall be provided with copies of
any town voucher for such services when such copies are submitted
to the town. When the balance in such escrow account(s) is reduced
to 1/3 of its initial amount, the applicant shall deposit additional
funds into such account(s) to bring its balance up to the amount of
the initial deposit. If such account(s) are not replenished within
30 days after the applicant is notified, in writing, of the requirement
for such additional deposit, the reviewing board may suspend its review
of the application. A building permit or certificate of occupancy
or use shall not be issued unless all professional review fees charged
in connection with the applicant's project have been reimbursed to
the town. After all pertinent charges have been paid, the town shall
refund to the applicant any funds remaining on deposit.
All fees required pursuant to this chapter shall
be collected by the clerk or secretary of the board having jurisdiction
over the application.
