[HISTORY: Adopted by the Town Board of the Town of Highlands
as indicated in article histories.]
[Adopted as amended through L.L. No. 5-2008, adopted 11-10-2008]
A.
Section III. Planning Board fees.
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Description/Item
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Fee
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a.
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Subdivisions
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For application of approval subdivisions of not more than 4
lots
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$250 plus $100 per lot
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For subdivision of more than 4 lots
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$500 plus $100 per lot
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b.
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Application for site plan review
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Residential
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$250 plus $100 per lot/unit
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All others
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$250 plus $0.25 per square feet each square feet over 300 square
feet
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c.
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Special exception use permit application fee
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$300
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d.
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Erosion control permits
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$100
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e.
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Inspection fees for required public improvements pursuant to
subdivision, site plan or special exception permits to be paid prior
to the stamping of plans by the Planning Board Chairman
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4% of the estimated cost of the required public improvements
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f.
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Inspection fees for private roads, retaining walls and related
private improvements pursuant to subdivision, site plan or special
exception permits to be paid prior to the stamping of plans by the
Planning Board Chairman
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4% of the estimated cost of the required private improvements
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B.
Section V. Additional fees for professional services.
(1)
Legislative intent. The Town Board hereby finds and determines that
in order to protect and safeguard the Town of Highlands, its citizens
and their property, the Town generally requires professional engineering,
legal, planning, technical, and environmental services for applications
and implementation measures associated with land use approvals and
developments. By enactment of this section, the Town Board of the
Town of Highlands recognizes the need of ensuring that the engineering,
legal, planning, technical and environmental review costs incurred
by the Town in processing and reviewing land use approvals are borne
by the applicant/developer and not by the general public. To this
end it is the intent of this section to require the applicant/developer
subject to the Town of Highlands jurisdiction to deposit with the
Town, in escrow, certain fees which are reasonably related to the
complexity of the application and necessary review by the Town through
its consultants as a condition precedent to the processing, review
and approval of any application. Additionally, this section shall
also require the deposit of escrow fees with the Town to cover the
Town's costs for review of an applicant/developer's environmental
impact statement in accordance with Environmental Conservation Law
§ 8-0113 and 6 NYCRR 617.17.
(2)
Professional fees for certain actions before the Planning Board.
(a)
Upon application to the Town of Highlands Planning Board for
any planning action or approval, the applicant shall deposit with
the Building Department/Planning Clerk an escrow to cover the costs
being incurred by the Town for all consultant services, including
but not limited to engineering, legal and planning, incurred in the
processing and reviewing of such application.
(b)
Escrow fee deposit.
[1]
The initial escrow fee deposit shall be computed in accordance
with the following schedule:
[a]
Residential subdivision: $600 per lot for each
lot up to five lots and $300 per lot for each lot over five lots.
[b]
Residential lot line change: $500 per lot affected
by the lot line changes.
[c]
Single- and two-family residential site plan/special
exception use permit: $400 per residence.
[d]
Commercial subdivision: $1,000 per lot for each
lot up to five lots and $500 per lot for each lot over five lots.
[e]
Commercial lot line change: $700 per lot affected
by the lot line changes.
[f]
Multifamily residential site plans and special
exception permits: $350 per unit for each unit up to 50 units and
$100 per unit for each unit over 50 units.
[g]
Mixed-use and commercial or other nonresidential
site plans and special exception permits: $1,000 plus $200 per 1,000
square feet of building floor area or part thereof.
[h]
Additional escrow charge for State Environmental
Quality Review Act (SEQRA):
[i]
Short environmental assessment form: $250.
[j]
Long environmental assessment form: $1,000.
[k]
Environmental impact statement: $7,500.
[l]
Inspection fee for subdivisions: 5% of amount of
performance bond.
[2]
In calculating the total initial escrow fee deposit, each of
the above items which are included in the application shall be added
and the total escrow charge shall equal the sum of the items. The
Town Board may review the schedule of initial escrow fee deposits
from time to time and if the Town Board determines that a change,
or changes be should made in such schedule of initial escrow fee deposits,
the Town Board may adopt such change or changes by resolution.
(c)
Planning Board professional review escrow fee deposits shall
be made to the Building Department/Planning Clerk and shall be placed
in a separate non-interest-bearing account by the Town Comptroller.
(d)
No review shall be undertaken by the consultants, nor shall
the matter be scheduled before the Planning Board until the escrow
deposit and all fees as set forth herein are paid.
(e)
Each time the escrow account falls below 80% of the initial
deposit, the Planning Board shall require that the applicant pay additional
funds into the escrow account to bring up and maintain the escrow
account at 80% of the initial deposit, unless this requirement is
waived by the Planning Board Chairman upon recommendation of the Planning
Board consultants.
(f)
In the event that an applicant shall withdraw its application
at any stage of the proceedings or when the application review and
approval process has been completed, the balance of funds after payment
of all outstanding charges in the applicant's account, together with
any interest accrued thereon, shall be either remitted to the applicant
within 60 days of final action by the Planning Board or, if so directed
by the applicant, shall remain on deposit as the applicant's initial
payment during the post-approval inspection requirements.
(g)
The applicant shall be responsible for the payment of all the
fees for consultant services incurred by the Planning Board in connection
with the review of the application notwithstanding that the escrow
account may be insufficient to pay for said fees or expenses.
(h)
In the event that the Planning Board in the course of reviewing
an application determines that the proposed action requires a positive
declaration under SEQRA, all costs incurred by the Board for the review
of any environmental impact statements, whether of a professional
or clerical nature, shall be borne by the applicant pursuant to 6
NYCRR 617.8(a). Such costs shall be covered by an escrow account established
pursuant to this section within 15 days of said positive declaration,
in an amount as set forth in this subsection.
(i)
In cases when the complexity of an application (or lack thereof)
or unusual circumstances surrounding the matter require that the initial
fee or the percentage of that initial fee to be maintained in escrow
be modified, the Planning Board is authorized to grant or impose such
modification within the following guidelines:
[1]
The amount of any initial fee modification shall be reasonably
related to the costs attendant to the Town's review of the application.
[2]
The amount of any escrow maintenance percentage shall be reasonably
related to the complexity of the project as well as the stage to which
the project has progressed as of the time of modification.
(j)
Each of the Town's and/or Planning Board's engineering, legal
and/or planning consultants who render services pertaining to a land
use or development application shall submit monthly itemized vouchers
to the Planning Board (through the Building Department) reasonably
setting forth the services performed and amounts charged for such
services.
(k)
Copies of said itemized vouchers shall be transmitted to the
applicant simultaneously with their delivery to the Planning Board
by the Building Department/Planning Clerk, together with a notice
notifying the applicant that the failure to object to payment of the
amount of the charges contained in said itemized voucher out of escrow
funds within 15 days of the sending of said notice shall constitute
an agreement by the applicant as to the reasonableness of the charges.
(l)
The Planning Board shall review vouchers for services rendered
to each and shall communicate its approval of same to the Town Board.
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 assist in
the protection or promotion of the health, safety or welfare of the
Town or its residents; to assist in the protection of public or private
property or the environment from potential damage that 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.
(m)
After review and audit of such voucher by the Town Board, that
Board shall authorize the Comptroller to make payment of same and
shall provide to the applicant a copy of the voucher as audited.
(n)
The Planning Board is hereby authorized, at the time of action
on any project, to make payment of any amount then overdue or likely
to be later incurred as a condition of approval. No plat or plans
will be signed and no building permit or other permit shall be issued
until such time as all reimbursement of costs and expenses, determined
by the Town Board to be due, have been fully paid.
(o)
Amounts paid pursuant to this chapter shall be placed in a trust
and agency account to fund expenses incurred by the Town in processing
the application as provided above. The Town shall keep a record of
the name of the applicant and project and of all such monies deposited
and withdrawn. Monthly vouchers submitted by the Planning Board'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 audit amount as provided herein.
(p)
All fee and expense reimbursement payments are due and payable within 15 days after delivery of a copy of an itemized voucher to the applicant as provided for in Subsection B(2)(l) above. Interest shall accrue on any unpaid itemized voucher at the rate of 9% per annum. The pursuance of an appeal under Subsection B(2)(q) below shall not affect the obligation to pay interest on any unpaid balance ultimately determined to be due.
(q)
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 15 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.
(r)
Pending applications. All applicants with matters pending before
the Planning Board as of the effective date of this section shall
be required to post an escrow in the manner and upon the terms and
conditions set forth below:
[1]
The Planning Board, in consultation with its consultants and
with due consideration to the stage to which the project has progressed
as of the time, shall compute the amount of the escrow to be posted
with the Town. Such amount shall be reasonably related to the costs
attendant to the Town's review of the application as of the effective
date of this section. Under no circumstances shall the escrow include
amounts attributable to any costs incurred by the Town and not chargeable
to the applicant prior to the effective date of this section.
[2]
Once computed and established by resolution of the Planning
Board, the applicant shall, within 15 days of said resolution, post
the escrow fees with the Secretary of the Planning Board. Failure
to deliver said escrow fees may result in delay of the further processing
of the application.
(3)
Professional fees for certain applications to the Zoning Board of
Appeals and the Town Board. In addition to the fees set forth above,
for applications to the Zoning Board of Appeals, for applications
for amendments to the zoning ordinance to the Town Board, for developers
agreements, outside user agreements, establishments and extensions
of special improvement districts and review and approval of proposed
dedication instruments, including deeds, easements, performance and
maintenance securities and insurance, each of said Boards may in its
sole discretion determine that it requires engineering, legal or other
technical review or preparation of the application, agreement or instrument
in order to assist the Board in making its determination. Having made
such determination, the Board may retain an engineer, attorney or
such other professionals as it deems necessary and the cost thereof
shall be an additional fee to the applicant. Each application is accordingly
required to be accompanied by an initial minimum $750 escrow fee for
the costs of professional review. The Board will secure the professional's
cost estimate once an initial review has been completed and advise
the applicant if additional funds are required to be paid based on
the estimate. The applicant will additionally be advised if review
costs exceed the amounts on deposit and be required to deposit additional
funds to cover the excess costs. Planning review fee deposits shall
be placed in a separate non-interest-bearing account by the Town Comptroller.
All vouchers submitted by professional consultants shall be reviewed
and audited by Town officials in the same manner as other charges.
Payment will be approved of only such fees as are reasonable in amount
and are necessarily incurred by the Board in connection with the review.
A fee shall be considered reasonable in amount if it bears a reasonable
relationship to fees prevailing in the surrounding geographical area
for similar services on similar projects. In determining similarity
of services and projects, the Town may consider the size of the project
and installations, the topography, soil conditions, drainage conditions,
surface water conditions, other site constraints, the nature of the
improvements to be installed or constructed, the nature of the planning,
landscaping engineering or legal issues arising in the factual context
of the application. In determining whether the fees were necessarily
incurred, the Board may consider, in addition to the factors listed
above, the nature of the materials provided by the applicant, the
manner in which the service relates to the issues which must be decided
by the Board in reviewing the application, whether the service provided
reasonably assists the Board in performing a function required by
law or regulation, and such other factors as may be relevant in the
factual context of the application. Records shall be maintained showing
all amounts deposited and all amounts paid from the escrow account
and all bills and vouchers submitted by the Board's professional consultant.
The applicant's account shall in no case be billed for more than has
actually been expended for consultant review fees, and review fees
attributable to environmental reviews under the State Environmental
Quality Review Act (SEQR) shall in no event exceed the maximum amounts
to be charged pursuant to the SEQR regulations. No permit shall be
issued for applications granted final approval unless the fees provided
in this section have been paid in full.
(4)
Professional fees for review of stormwater pollution prevention plans and estimates. In the event any land development activity is proposed which does not require Planning Board or other Board approval, but does require the review and approval of a stormwater pollution prevention plan, specifications and related documents and the posting of a performance guaranty, the administering Town official shall obtain an estimate from a qualified engineer approved by the Town Board in accordance with the provisions of Subsection B(3) above for the required review and the procedures set forth in Subsection B(3) subsequent to obtaining an estimate shall be followed with respect to the payment and disbursement of escrow fees for those review services.
(5)
Professional fees for certain inspections.
(a)
In order to ensure that erosion and sediment control measures
and stormwater management facilities are designed and installed in
a competent and workmanlike manner and in conformity with approved
stormwater pollution prevention plans and all applicable government
codes, rules and regulations, it is essential for the Town to have
competent professionals retained by the Town perform inspections.
(b)
A person who installs erosion and sediment control measures
and/or stormwater management facilities within or in conjunction with
an approved subdivision, site plan or stormwater pollution prevention
plan in the Town shall reimburse the Town for all reasonable and necessary
professional expenses incurred by the Town in connection with the
inspection of the installation and construction of the erosion and
sediment control measures and stormwater management facilities.
(c)
Prior to the stamping of a subdivision or site plan by the Planning
Board Chairman, the applicant shall deposit with the Building Department/Planning
Clerk an escrow to cover the professional costs anticipated to be
incurred by the Town in performing inspections of erosion and sediment
control measures and stormwater management facilities.
(d)
The initial deposits required to fund escrow accounts for erosion
and sediment control measure and stormwater management facility inspections
are established by the Town Board as follows and the Town Board may
increase or decrease said amounts by resolution from time to time:
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Approved Estimated Cost:
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$1 - $49,999.99: $2,000
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$50,000 - $99,999.99: $3,000
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$100,000 and over: $4,000
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(e)
Upon receipt of such sums, the Comptroller shall cause such
sums to be deposited in a non-interest-bearing trust and agency account
in the name of the Town and shall keep a separate record of all such
monies so deposited.
(f)
Itemized vouchers shall be submitted, copied, reviewed, appealed and paid for professional inspection services in accordance with same procedures as set forth in Subsection B(2) above, except that the vouchers shall be submitted directly to the Town Board without prior review by the Planning Board. The Town Board shall approve payment of only such fees as are reasonable in amount and are necessarily incurred by the Town in connection with the inspection. A fee shall be considered reasonable in amount if it bears a reasonable relationship to fees prevailing in the surrounding geographical area for similar services in similar projects. In determining similarity of services and projects, the Town may consider the size of the project and installations, the topography, soil conditions, drainage conditions, surface water conditions, other site constraints, the nature of the measures and improvements to be installed or constructed, the nature of the engineering issues associated with the inspections and findings. In determining whether the fees were necessarily incurred, the Town may consider, in addition to the factors listed above, the nature of the materials provided by the applicant, the manner in which the service relates to the issues which must be decided by the Town in reviewing the inspection findings, whether the service provided reasonably assists the Town in performing a function required by law or regulation and such other factors as may be relevant in the factual context of the application. Records shall be maintained showing all amounts deposited, and all amounts paid from the escrow account and all bills and vouchers submitted by the Town professional consultants. The applicant shall in no case be billed for more than the Town has actually expended for consultant fees.
(g)
No building permits or certificates of occupancy or use shall
be issued unless all professional inspection fees charged in connection
with the project prior to the date of issuance have been paid and
reimbursed.
(h)
Any balance remaining in the escrow account shall be refunded
within a reasonable time upon applicant's request, upon completion
of the project, or upon withdrawal of an application, after all fees
already incurred by the Town are first paid and deducted from the
escrow account.
[Adopted 12-20-2010 by L.L. No. 4-2010]
[In accordance with the Agriculture and Markets Law of the State of New York, dog licensing fees shall be set by resolution of the Town Board from time to time, and delineated in Chapter 109, Fees, of the Code of the Town of Highlands.]
