Town of Canandaigua, NY Chapter 111 Fees, Administrative

[HISTORY: Adopted by the Town Board of the Town of Canandaigua 12-30-2008 by L.L. No. 5-2008;[1]amended in its entirety 6-27-2011 by L.L. No. 6-2011. Subsequent amendments noted where applicable.

GENERAL REFERENCES

Uniform construction codes — See Ch. 92.

Parks and recreation — See Ch. 152.

Subdivision of land — See Ch. 174.

Water — See Ch. 206.

Zoning — See Ch. 220.

[1] Editor's Note: This ordinance also superseded former Ch. 111, Fees, adopted 5-20-2007 by L.L. No. 5-2007 (Ch. 52 of the 1977 Code). This local law shall be effective retroactively to 1-1-2009.

Article I General Provisions

§ 111-1 Title.

This chapter shall be known as the "Administrative Fees Chapter."

§ 111-2 Applicability.

This chapter shall apply to the collection of administrative fees required to be paid to the Town of Canandaigua. It does not apply to applications made or fees collected as part of New York State license or New York State permit programs or as authorized in Chapters 79 (Animals) and 206 (Water) of the Town Code.

§ 111-3 Purpose.

This chapter authorizes the Town to collect administrative fees, including reimbursement of costs incurred through provision of services or processing and/or reviewing of applications.

§ 111-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADMINISTRATIVE FEES

A. Expenses incurred by the Town of Canandaigua through provision of services or processing and/or reviewing any application to the Town of Canandaigua. This includes but is not limited to:

(1) Fees as established by the Canandaigua Town Board annually by resolution and referenced in and made a part of the "Town of Canandaigua Annual Fee Schedule" ("Fee Schedule").

(2) Consultant fees, which shall be established on a case-by-case basis by contract with the Town Board.

(3) All expenses related to collection of delinquent administrative fees, including any and all attorney's fees, court costs, and disbursements.

B. Administrative fees do not include fees described in Article II of this chapter ("Park and Recreation Fees for New Development"). Administrative fees must be reasonable in amount.

APPLICATION

Formal request to the Town of Canandaigua for development or use of real property, including but not limited to a zoning amendment, temporary use permit, subdivision, site plan, special use permit, variance, clearing and grading permit, and any and all other such permits, licenses and/or approvals described in the Town Code.

CONSULTANT

Any person, firm and/or entity duly appointed by the Town of Canandaigua Town Board to provide expert and/or professional services, including attorneys and engineers, for the Town of Canandaigua. This does not include employees of the Town.

RESPONSIBLE PARTY

The property owner(s) of record of the real property that is the subject of an application to the Town of Canandaigua.

§ 111-5 Collection of administrative fees.

A. Application forms promulgated by the Town of Canandaigua shall include an acknowledgement that the responsible party shall be jointly and severally liable to the Town of Canandaigua for all administrative fees, and the application form shall also include a statement that a copy of the current Fee Schedule may be obtained from the Town Clerk's office.

B. Administrative fees shall be paid current prior to the issuance of any permit, license and/or certificate.

C. The Town Board shall audit bills for administrative fees for the purpose of identifying expenses to be reimbursed by the responsible party.

D. The responsible party shall be in default upon failure to pay the administrative fees within 60 days after written demand from the Town of Canandaigua.

[Amended 4-8-2013 by L.L. No. 3-2013]

E. Failure to pay administrative fees within 60 days after written demand from the Town of Canandaigua shall result in the suspension of pending permits, licenses and/or certificates, as well as suspension of further review of any other application made by the responsible party.

[Amended 4-8-2013 by L.L. No. 3-2013]

F. Collection costs and/or attorney's fees. The Town Board is hereby authorized to engage debt collection entities, and/or attorneys, to collect unpaid administrative fees from a responsible party.

G. The responsible party shall be liable to pay to the Town of Canandaigua all expenses incurred by the Town of Canandaigua in its attempts to collect unpaid administrative fees, including any and all reasonable attorney's fees, court costs, disbursements and any and all fees charged by a debt collection entity, including flat fees and percentage-based fees up to a maximum of 40% of unpaid administrative fees.

§ 111-6 Appeal.

A. A responsible party may appeal the assessment of any administrative fees to the Town Board by submitting an appeal, in writing, to the Town Clerk within 20 business days of the written demand to pay administrative fees from the Town of Canandaigua. The sole ground for an appeal is that the assessment of the administrative fees contains an error.

B. Notwithstanding the limited appeal procedure set forth above, the Town Board, on its own motion, may amend and/or correct any assessment of administrative fees on the basis of error and/or that the administrative fees were not reasonably necessary.

Article II Parks and Recreation Fees for New Development

§ 111-7 Purpose.

To offset impacts from new residential development on the Town's parks and recreational facilities and further the goals of the Town Parks and Recreation Master Plan, as well as the Town of Canandaigua Comprehensive Plan, as it pertains to parks and recreation, the Town finds it necessary to allow for collection of a parks and recreation fee.

§ 111-8 Establishment; applicability.

A parks and recreation fee shall:

A. Be in an amount as established by the Town Board;

B. Be assessed on a per-dwelling-unit basis;

C. Apply to all housing types in all districts.

§ 111-9 Reservation or payment of fee in lieu of parkland.

A. In conjunction with its review of a site plan or subdivision plat containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law.

B. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this article, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

C. Any parks and recreation Fees assessed by the Planning Board shall be paid to the Town Clerk before any building permit related to the subject application may be issued.

§ 111-10 Appeal.

A. An applicant may appeal to the Town Board the assessment of parks and recreation fees by the Planning Board pursuant to § 111-9 of this article by submitting an appeal, in writing, to the Town Clerk within 20 business days of the Planning Board decision regarding said fees.

B. Notwithstanding the limited appeal procedure set forth above, the Town Board, on its own motion, may amend and/or correct any assessment of parks and recreation fees on the basis of error and/or that said fees were not reasonably necessary.