[Added 6-17-1987 by L.L. No. 6-1987]
A.
The Town of New Paltz incurs significant expenses
in the operation of the Planning Board, the Zoning Board of Appeals
and the office of the Building Inspector.
B.
These expenses include, but are not limited to, administrative,
legal and engineering costs.
C.
Administrative costs include, but are not limited
to, processing applications, consultations among municipal officers
and officials regarding the facts and circumstances of the application,
preparation of hearing notices, publication of hearing notices, providing
notice to other governmental agencies, preparation of affidavits of
posting and publication, preparation and maintenance of official records
regarding the application and municipal review of the application,
testimony by municipal officials at public hearings, processing of
resolutions and determinations, filing fees and miscellaneous services
and disbursements.
D.
Legal costs include, but are not limited to, application
review, review and analysis of applicable zoning law provisions, review
and analysis of applicable subdivision regulations, preparation of
hearing notices, attendance at meetings and public hearings, preparation
of resolutions and determinations, preparation of SEQRA determinations,
review of bonds for public improvements, review of offers of dedication,
review of easements, preparation and review of agreements, review
of deeds and miscellaneous services and disbursements.
E.
Engineering costs include review of plans at various
stages, analysis of public improvements, preparation of reports, design
analysis, inspection fees, preparation of improvement costs estimates,
examination of property descriptions and miscellaneous services and
disbursements.
F.
When these expenses are occasioned in connection with
an appeal, application or petition made by an applicant to the Town
or to an instrumentality of the Town, then it is proper and in the
public interest for the applicant to bear the cost of these expenses.
Unless otherwise specifically provided in this
article or a subsequent resolution establishing fees, the fees required
pursuant to this article shall be paid in advance upon submission
of an application, and the failure to submit the full payment required
shall render the application incomplete.
[Added 9-18-2008 by L.L. No. 3-2008]
A.
Escrow deposits.
(1)
In connection with any application for a special
permit, site plan or subdivision approval, zoning amendment, variance,
or other appeal, the reviewing board may require an applicant to deposit
an initial sum of money into an escrow account in advance of the review
of the application. Said sum shall be based on the estimated cost
to the Town of reviewing the particular type of application before
it. The reviewing board may consider the professional review expenses
incurred by neighboring municipalities in reviewing similar applications.
The reviewing board may also consider the Town's survey of professional
review expenses in determining the initial sum of money to be deposited
in an escrow account by an applicant.
(2)
Use of funds.
(a)
Said sum of money shall be used to cover the
reasonable and necessary costs of reviewing an application. Costs
may include staff costs or consultant fees for planning, engineering,
legal, and other professional and technical services required for
the proper and thorough review of an application. The reviews governed
by this section shall include all environmental review pursuant to
law including review of the proposed action under the State Environmental
Quality Review Act (SEQR).
(b)
The review expenses provided for herein are
in addition to application or administrative fees required pursuant
to other sections of the New Paltz Town Code. Monies deposited by
the applicant pursuant to this section shall not be used to offset
the Town's general expenses for professional services for the several
boards of the Town or the Town's general administrative expenses.
(c)
Fees charged strictly as a result of a SEQR
review shall in no event exceed the maximum amounts that can be charged
pursuant to the SEQR regulations by the lead agency.
B.
Upon receipt of monies requested for an escrow account,
the Town Supervisor shall cause such monies to be placed in a separate
noninterest bearing account in the name of the Town and shall keep
a separate record of all such monies deposited and the name of the
applicant and project for which such sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized
vouchers from consultants for services rendered on behalf of the Town
regarding a particular application, the Town Supervisor shall cause
such vouchers to be paid out of the monies so deposited and shall
debit the separate record of such account accordingly. The consultant
shall make copies of such vouchers available to the applicant at the
same time the vouchers are submitted to the Town.
D.
The Town Board shall review and audit all such vouchers
and shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications. A charge or part thereof
is reasonable in amount if it bears a reasonable relationship to the
average charge by consultants to the Town for services performed in
connection with the review of a similar application. In auditing the
vouchers, the Town Board may take into consideration the size, type
and number of buildings to be constructed, the topography of the site
at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Town Board
may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the consultant for a service which was rendered
in order to protect or promote the health, safety or other vital interests
of the residents of the Town, and to protect public or private property
from damage.
E.
In no event shall an applicant make direct payment
to any Town consultant.
F.
If at any time during the processing of an application
there shall be insufficient monies on hand to the credit of an applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the reviewing board that such monies will be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the board deems necessary
or advisable in order to meet such expenses or anticipated expenses.
G.
In the event the applicant fails to deposit the requested
review fees into an escrow account, any applicant review, approval,
permit or certificates of occupancy may be withheld or suspended by
the reviewing board, officer or employee of the Town until such monies
are deposited.
H.
Upon completion of the review of an application or
upon the withdrawal of an application, and after all fees already
incurred by the Town have been paid and deducted from the escrow account,
any balance remaining in the escrow account shall be refunded within
60 days after the applicant's request.
A.
The fees required pursuant to this article may be
established by resolution of the Town Board, and such resolution may
be modified from time to time. Any such resolution or modification
shall take effect after adoption and upon filing with the Town Clerk
and shall apply to all applications filed thereafter, including pending
applications.
B.
Except in the case of variances, the fees established
pursuant to this article shall be deemed to be minimum fees, and any
additional expenses actually incurred by the Town for professional
consultations, hearing notices and other nonministerial expenses shall
be imposed on the applicant and paid prior to the endorsement of an
approved subdivision plat or site plan or the issuance of any building
permit or the filing of any applicable local law with the Secretary
of State.
Fees shall be established for the following
Zoning Board of Appeals matters:
Fees shall be established for the following
Planning Board matters:
A.
Whenever, in connection with an application or petition,
a local law is necessary or appropriate to implement the benefit or
relief sought or to regulate conditions occasioned by the granting
of an approval or approvals, the total actual expenses incurred by
the Town in connection with the preparation and consideration of a
proposed local law shall be borne by the applicant. The minimum fees
established by resolution shall be paid by the applicant upon the
earlier of submission of a petition, if applicable, or prior to the
endorsement of an approved subdivision plat or site plan or the issuance
of any building permit or the filing of any applicable local law with
the Secretary of State.
C.
If the administrative or other expenses of the Town
exceed the amount deposited pursuant to this section, the balance
shall be paid by the applicant prior to the endorsement of any subdivision
plat or site plan or the issuance of any building permit or the filing
of any applicable local law with the Secretary of State.
Fees shall be established for the following
activities of the Building Inspector:
Whenever an extension is necessary to prevent
an approval from lapsing or becoming otherwise void, the first such
request for an extension shall be processed at no charge, and the
second and each subsequent request for an extension shall be processed
only upon prior payment of fees established by resolution of the Town
Board.
No abatement of fees shall be granted as a result
of an applicant seeking more than one approval or submitting more
than one application in connection with a particular project.
Whenever environmental analysis is required
pursuant to the provisions of the State Environmental Quality Review
Act (SEQRA), or any local law implementing SEQRA, all expenses relating
to the environmental analysis shall be borne by the applicant. Fees
shall be established pursuant to a resolution of the Town Board, in
a manner consistent with Title 6 of NYCRR, Part 617.
Whenever an application is submitted to amend
an approved plan or permit, it shall be deemed a new application,
and the fees specified pursuant to this section shall apply; provided,
however, that in the case of an amendment to a subdivision plat, the
fees shall be based on the number of lots modified or affected by
the amendment, and provided further that in no event shall the fees
due on a subdivision amendment application be less than the minimum
provided for a minor or major subdivision, respectively.
