[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-2003 by L.L. No. 3-2003]
[Amended 1-22-2009; 8-11-2011; 1-26-2017; 6-8-2017]
The following schedule of building, planning and zoning application and inspection fees is established. All fees are due at the time of filing.
Zoning amendments: $250.
Inspection fees: an inspection fee equal to 4% of the amount of construction cost of any public improvements, as reviewed and approved by the Town Engineer, shall be paid to the Town prior to the time that the Chairman of the Planning Board signs any final plat for subdivision, site plan and/or conditional use.
The schedule of fees provided in § 85-1 may be modified from time to time by resolution of the Town Board.
This article and the schedule of application and inspection fees shall be filed with the Town Clerk.
Application and inspection fees. All reimbursement payments required by § 85-3 shall be in addition to any application or inspection fees as may be required by § 85-1 or by any other laws, provisions, regulations or codes of the Town and shall not be used to offset the Town's general expenses of engineering, legal and planning services for the several boards of the Town nor offset the Town's general administrative expenses.
Reimbursement required. The applicant for approval of any land use or land development shall reimburse the Town for all of the Town's reasonable and necessary engineering, legal and planning fees and expenses incurred by the Town in connection with the review and/or approval of the application. Said fees and expenses are deemed application fees. Reimbursement shall be made in accordance with Subsection C of this section. For the purposes of this article, the term "land use or development" shall include, but not be limited to, a subdivision, site plan, conditional use permit, variance, interpretation, appeal to the Zoning Board of Appeals or zoning amendment; any modification or amendment of the foregoing; and compliance with the State Environmental Quality Review Act (SEQR).
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
SEQR review fees. SEQR review fees shall be governed by 6 NYCRR § 617.13, of the state SEQR Regulations.
Payment of fees and expenses.
The Town's engineering, legal and/or planning consultant who render services pertaining to a land use or development application shall submit monthly itemized vouchers to the Town Board reasonably setting forth the services performed and amounts charged for such services.
The Town Board shall review and audit all such vouchers and shall determine, in its discretion, the engineering, legal and planning fees which are reasonable in amount and necessarily incurred by the Town in connection with the review and/or approval of the land use or development application. A fee or expense or part thereof is reasonable in amount if it bears a reasonable relationship to the customary fee charged by engineers, attorneys or planners within the region for services performed on behalf of applicants or reviewing boards in connection with applications for land use or development. The Town Board may also take into account any special conditions for considerations as the Town Board may deem relevant. A fee and expense or part thereof is necessarily incurred if it was charged by the engineer, attorney or planner for a service which was rendered in order to protect or promote the health, safety or welfare of the Town or its residents; to protect public or private property or the environment from potential damage which otherwise may be caused by the proposed land use or development; to assure or assist in compliance with laws, regulations, standards or codes which govern land use and development; to assure or assist in the orderly development and sound planning of a land use or development; to assure the proper and timely construction of public improvements, parks and other facilities which affect the public welfare; to protect the legal interests of the Town; to avoid claims against and liability of the Town; or to promote such other interests that the Town Board may specify as relevant.
After review and audit of such vouchers by the Town Board, the Board shall provide to the applicant a copy of the voucher, as audited. The applicant shall pay the total fees and expenses determined reasonable and necessary by the Board within 30 days after mailing or other delivery of the voucher to the applicant. If the applicant fails to pay the full amount due within the time prescribed, the reviewing board may refuse to further review or consider an application; to hold a public hearing otherwise required or take any other action in furtherance of the application; and to render a decision on the application. All time frames for taking board action, holding a public hearing or rendering any other determination related to the application, including time frames which may relate to a default approval, shall be tolled until such time as the applicant pays the full amount due.
Notwithstanding the thirty-day time period prescribed herein, all reasonable and necessary fees and expenses incurred by the Town with respect to the application shall be paid to the Town either prior to the board's decision or in compliance with a condition of approval. The determination as to the time of such full payment shall be made by the reviewing board.
An applicant and the reviewing board may agree on an initial sum of money for deposit with the Town, which monies shall be drawn down by the Town to reimburse the Town for the fees and expenses it incurs. Said monies shall be placed in a separate non-interest-bearing account in the name of the Town and the Town shall keep a separate record of the name of the applicant and project and of all such monies so deposited. Monthly vouchers submitted by the Town's Engineer, Attorney, and/or Planner shall be reviewed and audited by the Town Board and provided to the applicant and the applicant may appeal said audited amount as provided herein. If at any time during the application review process it reasonably appears to the Town Supervisor that the remaining monies on deposit will be insufficient to meet anticipated additional fees and expenses, the applicant may agree to deposit additional monies in the account to meet such anticipated fees and expenses.
Appeals. An applicant may appeal in writing to the Town Board for a reduction in the required reimbursement amount. An appeal must be filed with the Town Board no later than 45 days after mailing or other delivery to the applicant of the contested voucher. Upon such appeal, the Town Board, in its discretion, may determine that an applicant is not required to reimburse the Town for that part of an engineering, legal or planning fee incurred by the Town for services performed in connection with an application matter for which the Town Board determines the applicant bears no responsibility and which was beyond the reasonable control of the applicant. The Town Board's determination shall be in writing and shall be made no later than 45 days after receipt of the applicant's appeal. An applicant may pay the full amount due without waiving its right to appeal.
Code enforcement inspections for Public assemblies/special events. Fee(s) for inspection(s) performed by the Code Enforcement Officer and/or an Inspector designated by the Code Enforcement Officer are calculated at the rate of $125 per hour of time expended.
Police officer inspections. Fee(s) for inspection(s) performed by the Police Chief and/or a police officer are calculated at the rate of $125 per hour of time expended.
Police personnel coverage.
Labor costs associated with police personnel services will require the promoter/event planner to reimburse the Town of Goshen at the prevailing officer(s) hourly overtime rate, including associated benefits (i.e., FICA), as set forth by the current bargaining agreement. This rate will be set according to the existing police employee contract in existence at the time of the event.
Vehicle and equipment costs will be 10% of the police officer(s) rate of pay per hour for the entire period that the event is scheduled.
In cases where an event is canceled, rate adjustments will apply as determined and calculated by the pertinent municipal official.
Additional fees may be included for Planning Board review and any other miscellaneous charges.