[HISTORY: Adopted by the Town Board of the Town of Malta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-1-2009 by L.L. No. 5-2009]
This article is titled "Fees and Reimbursements of Costs and
Expenses." It is the purpose of this article to make it easier for
those required to pay fees or to reimburse the Town of Malta for costs
and expenses to find and accurately determine such amounts, and to
assist the Town of Malta in collecting such amounts. Where the fees
set forth in this article conflict with fees in other portions of
the Code of the Town of Malta, the provisions of this article shall
control. Fees and reimbursements appearing elsewhere in the Code of
the Town of Malta which do not appear in this article are not eliminated
by not appearing in this article. Nothing herein shall be read to
diminish any of the procedural or substantive rights of the Town of
Malta established elsewhere in the Code of the Town of Malta. Unless
otherwise stated, all fees charged by the Town shall be deemed administrative
fees.
In addition to any other tools or rights possessed by the Town
of Malta set forth elsewhere in the Code of the Town of Malta, failure
to timely pay any fees or to reimburse costs and expenses by a person
holding any right, permit, certificate or license issued or administered
by the Town shall give the absolute right to the person, department
or board of the Town which has issued such right, permit, certificate
or license to terminate or suspend the same by either: (1) mailing
notice of such termination or suspension by certified mail, return
receipt requested, to such person (Note: Such mailing shall be to
the address left by the person having such right, permit, license
or certificate with the person, department or board within the Town
which issued the same. Service shall be effective whether or not the
mail receipt has been signed and returned by the intended recipient.);
(2) effectuating personal service (as defined in New York Civil Practice
Law and Rules §§ 308 through 312A, inclusive) of such
notice upon such person; or (3) posting a copy of such notice on the
real property which is the subject of the right, permit, certificate
or license. The Town may, on the same basis, refuse to grant further
rights, permits, certificates or licenses, or direct suspension of
the provision of services or expenses on behalf of the person, without
prior notice.
[Amended 5-3-2021 by L.L. No. 3-2021]
No person, department or board of or within the Town of Malta
may grant any variation in the amount of fees or reimbursements of
costs and expenses, except that the Town Board may vary or waive the
same at a duly noticed public meeting or hearing for a not-for-profit
or charitable organization, provided that if a commercial establishment
is prevented from operating at full indoor capacity as a result of
an emergency declared by the State of New York, County of Saratoga,
or Town of Malta, the fee for the construction of temporary facilities
to accommodate an otherwise normal flow of customers is waived. Such
waiver does not dispense with the obligation to obtain a permit, as
required by this code, for the construction of temporary facilities.
Any person may contest the accuracy of fees or reimbursements
of costs and expenses to the person, department or board imposing
such fees or reimbursements in writing. In addition to any other meeting,
correspondence or other informal efforts to resolve such a dispute,
the person, department or board imposing such fees or reimbursements
shall respond in writing, giving the basis for its calculation of
the amount due. If this does not resolve the dispute, any aggrieved
person may appeal to the Town Board, stating that person's position
in writing.
[Amended 11-3-2010 by L.L. No. 9-2010]
Any cost, including court or county clerk filing fees, reasonable
attorneys' fees, service-of-process fees, research fees, stenographic
fees, expert's fees, publication fees, and the like, which are incurred
by the Town of Malta in enforcing the payment of fees or the reimbursements
of cost and expenses as set forth in this article, or elsewhere in
the Code of the Town of Malta, shall be paid by the person who has
not paid such fees or the reimbursements of cost and expenses.
B.
Persons asking the Town to incur direct costs (e.g., mailings, publication)
shall prepay such costs to the Town in an amount equal to such costs
as estimated by the Department or Office arranging for the expenditure.
If the estimate was more or less than the actual expense, the Town
shall promptly notify the person responsible for payment and either
reimburse such person the amount overpaid, or the person shall reimburse
the Town for the amount underpaid.
[Amended 4-4-2011 by L.L. No. 3-2011]
C.
Whenever
a person making an application to any Town board, department or office
("applicant") is required by the Town Code to pay the Town's professional
costs (which may include, but are not limited to, engineering, architectural
and legal fees), estimated fees shall be paid into the Town to cover
such costs as follows:
[Added 4-4-2011 by L.L. No. 3-2011; amended 2-4-2019 by L.L. No. 1-2019]
(1)
When the professional is not an employee of the Town, the Town's
professional shall submit an estimate to the Town Building and Planning
Department of its fees and other charges for reviewing the application
including, but not limited to, compliance with all relevant laws and
regulations, any on-site inspections required to be made by the Town,
and any research and document generation, but excluding any time which
the professional may spend in regularly scheduled Board meetings concerning
the application. An amount equal to the estimated costs of the professional
services shall be paid to the Town Building and Planning Department
by the applicant prior to the applicant being heard by any Board or
otherwise acted upon. The Building and Planning Department will maintain
a separate account for all escrow deposits. The Town's professional
shall bill the Town monthly for its services on behalf of the applicant
in reviewing such application and performing inspections. These monthly
billings shall be charged against the applicant's escrow balance.
If at any time during the review and approval process the applicant's
escrow account shows a negative balance, additional funds must be
submitted to the Town Building and Planning Department before any
further action will be taken on the application. If at the conclusion
of the review and approval process the amount of such services is
more than the amount escrowed pursuant hereto, the applicant shall
pay the difference to the Town Building and Planning Department prior
to final action on the application (e.g., filing determinations, the
issuance of a building permits or certificate of occupancy), and in
the event the amount held in escrow by the Town Building and Planning
Department is more than the amount of the actual billing of the Town's
professional, the difference shall be promptly refunded to the applicant.
(2)
When the professional is an employee of the Town, the Town Building
and Planning Department, in consultation with the Town Comptroller
and the employed professional, shall estimate the Town's cost for
the time the professional will spend reviewing the application including,
but not limited to, determining compliance with all relevant laws
and regulations, and conducting any on-site inspections he or she
deems appropriate, and any necessary research and document generation,
but excluding any time which the professional may spend in regularly
scheduled Board meetings concerning the application. An amount equal
to the estimated costs of the professional services shall be paid
to the Town Building and Planning Department by the applicant prior
to the applicant being heard by any Board or otherwise acted upon.
The Building and Planning Department will maintain a separate account
for all escrow deposits. The Town's employed professional shall maintain
a record of the time spent in the execution of his or her duties with
respect to the application, and provide that information to the Building
and Planning Department on a monthly basis. The time so spent shall
be charged against the applicant's escrow balance by multiplying that
time against the annualized salary of the employed professional including
the cost of benefits and statutorily required employer tax contributions.
If at any time during the review and approval process the applicant's
escrow account shows a negative balance, additional funds must be
submitted to the Town Building and Planning Department before any
further action will be taken on the application. If at the conclusion
of the review and approval process the amount of such services is
more than the amount escrowed pursuant hereto, the applicant shall
pay the difference to the Town Building and Planning Department prior
to final action on the application (e.g., filing determinations, the
issuance of a building permits or certificate of occupancy), and in
the event the amount held in escrow by the Town Building and Planning
Department is more than the amount of the actual billing of the Town's
professional, the difference shall be promptly refunded to the applicant.
[Amended 11-3-2010 by L.L. No. 9-2010; 11-3-2010 by L.L. No.
9-2010]
Fees set forth in the article or elsewhere within the Code of
the Town of Malta may be revised, amended, supplemented or eliminated
by resolution of the Malta Town Board. The Town Administrative Fees
Matrix annexed as Table A to this article may be revised, amended
or supplemented by resolution of the Malta Town Board. Absent action
by the Town Board, the fees set forth in the Town Administrative Fees
Matrix and elsewhere in the Code of the Town of Malta shall be increased
by 2.5% per year to account for inflation, on the first of February
2010, and on the first of January each year thereafter.
[Adopted 9-3-2013 by Res. No. 164]
The annexed policy is adopted.[1]
[1]
Editor's Note: Said policy is included as an attachment to this chapter.
[Added 6-1-2020 by L.L.
No. 5-2020]
The purpose of this article is to more clearly articulate existing
Town law and policy regarding the imposition of mitigation fees. The
legislative authority for this article is §§ 10(1)(ii).
Any provision of the Malta Town Code or NYS Town Law, to the extent
it is in conflict with this article, is hereby superseded and amended.
[Added 6-1-2020 by L.L.
No. 5-2020]
In 2005 and 2006 the Town of Malta conducted an environmental
study of the entire Town with respect to future development, and on
April 3, 2006, issued a Final Townwide Generic Impact Statement and,
on June 5, 2006, its Statement of Findings. The Town Board quantified
the financial impact of development and adopted formulas to allocate
the cost fairly. Impact mitigation fees were imposed regarding recreation
(for residential dwelling development), open space, traffic and GEIS
preparation, which were summarized in the Statement of Findings. Since
that time, these environmental documents have been updated, supplemented
and amended to take into account changes within the Town and thereby
be as accurate as reasonably possible. The mitigation fees assessed
are and shall be as set forth in the most recent Statement of Findings
(and as adjusted for inflation), a copy of which is and shall continue
to be posted on the Town of Malta website and on file in the Town
Planning Department.
[Added 6-1-2020 by L.L.
No. 5-2020]
Mitigation fees for GEIS preparation, open space, traffic and residential recreation are imposed as set forth in the fee schedule set forth in Chapter 88 of the Malta Town Code, as the same is from time-to-time amended by Town Board resolution.
[Added 6-1-2020 by L.L.
No. 5-2020]
The residential recreation mitigation fee has been and is imposed
for the construction of each dwelling unit, whether such unit is in
the area covered by the Malta Form Based Code, and whether such unit
is a single-family home, a condominium unit, a townhome, a cooperative
apartment, a rental apartment in an apartment building or complex,
or any other single or multiple dwelling.
