A.
This section authorizes the Town Board to amend and
adjust by resolution at their annual reorganization meeting the fees
levied to meet the rising costs of administration and enforcement.
Fees required by this Article shall be in accordance with the schedule
of fees established by the Town Board or as hereinafter amended.
B.
Subdivision application fees shall be paid to the
Town Clerk.
C.
Road improvement fees.
(1)
All road improvements fees are maintained in a Highway Improvement Trust Fund reserved for upgrading of town roadways to minimum standards and specifications of Chapter 130 of the Town of Marlborough Code.
(2)
Where improvements are performed or property dedicated
by the developer pursuant to a permit of the Highway Superintendent
on the public road providing access, the value of the improvement
or land dedicated shall be deducted from the road improvements fee
in the amount not to exceed 60% of the required fee. The value of
the improvements or land dedicated shall be determined by presentations
of certified contract receipts for improvements or, in the case of
land dedicated, two independent appraisals.
D.
Fire services fee. After examination of the Comprehensive
Plan for the Town of Marlborough by the Town Board, it has been determined
that development in the town will require additional public fire-fighting
facilities to adequately protect the health and safety of future residents
of the town.
(1)
The Planning Board is hereby authorized by the Town
Board, pursuant to § 277 of the Town Law, to condition subdivision
approval:
(a)
In the case of highway development, industrial
or commercial, upon the developer's contribution toward the cost of
needed fire-protection equipment and/or facilities directly due to
the development proposed; or
(b)
Upon contribution to a Fire Services Trust Fund
based upon a fee per lot or dwelling unit as established by the Town
Board. The Fire Services Trust Fund will be established for each fire
district in the town with the contribution being made based upon the
location of the lands in which the subdivision or development lies
or any portion thereof.
(2)
Distribution of funds will be made upon application
by the Board of Fire Commissioners to the Town Supervisor for a specific
capital improvement, purchase of land, building or equipment. Said
distribution will be made by passage of a resolution by the Town Board
and payment made upon receipt of proper application.
(3)
It is the intention of the Town Board by the adoption
of this section to place conditions of approval for subdivision in
excess of those provided under § 277 of the Town Law.
E.
Water and sewer impact fees. For subdivisions, lots
or multifamily construction within the water or sewer districts upon
the receipt of final approval for site plan review or subdivision,
the applicant shall pay to the Town Clerk a fee as established by
the Town Board. All fees will be deposited into a capital improvement
trust fund and will be appropriated to upgrade and improve the district.
As specified in § 134-11C of this chapter, the inspection fee shall be in the amount of 5% of the cost of required improvements as approved by the Town Engineer. Such payment shall be made to the Town Clerk at least five days prior to commencing construction.
As specified in § 134-19A(3) of this chapter, a recreation fee may be required. Payment shall be made to the Town Clerk, and receipt for said fee shall be stamped on the original final subdivision plat or site plan prior to the final signature by the Planning Board Chairman.
