Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 150.
Payment policies — See Ch. 69.
Subdivision of land — See Ch. 295.
Zoning — See Ch. 350.
[Adopted 5-16-2005 by L.L. No. 3-2005 (Ch. 87, Art. I, of the 1997 Code)]

§ 191-1 Title.

This article shall be known and may be cited as the "Fee Structures Law of the Town of Milo."

§ 191-2 Purpose.

A. 
The Town Board hereby finds and determines that, in order to protect and safeguard the Town of Milo, its residents and their property with respect to certain land developments within the Town, all buildings, highways, drainage facilities, sanitary sewer facilities, other utilities and parks within said developments should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and dedicated and conveyed to the Town in a legally sufficient manner, that, in order to assure the foregoing, it is essential for the Town to have competent engineers retained by the Town to review and approve plans and designs, make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewer, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary securities, insurance and other legal documents, review proposed deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to legal disputes and issues with respect to developments, and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments paid by taxpayers of the Town.
B. 
This article is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of Municipal Home Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of application for subdivision approval and for the approval, amendment or extension of planned unit developments under Chapter 350, Zoning, of the Code of the Town of Milo, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law §§ 274-a, 276 and 277 to empower the Town to require such payment as a condition to such approvals.

§ 191-3 Definitions.

As used in this article, the following terms shall have the meaning indicated:
APPLICANT
Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests the Town Planning Board or Town Board to approve a development.
DEVELOPER
Any person, firm, partnership, association, corporation, company or organization of any kind who or which constructs or proposes to construct one or more highways, drainage facilities, utilities, or parks within or in conjunction with a development and to convey or dedicate same to the Town.
DRAINAGE FACILITY
All surface water drainage facilities, including, but not limited to, detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches, and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
HIGHWAY
Includes a street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass and underpass, and also includes all items appurtenant thereto, including but not limited to bridges, culverts, ditches, shoulders, and sidewalks in or in connection with a development.
PARK
An area of land located within a development which is open to the public and devoted to active or passive recreation.
PLANNED UNIT DEVELOPMENT
A residential project comprising two or more buildings designed to be maintained and or operated as a single unit in a single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garage and parking areas established under the zoning laws of the Town,[1] including any site plan review pursuant to the Town (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.
SUBDIVISION
A subdivision of land, pursuant to Chapter 295 of the Code of the Town of Milo (as amended) and the land subdivision regulations of the Town, including any site plan review pursuant to Chapter 350, Zoning (or any successor provision), or environmental review pursuant to the New York State Environmental Quality Review Act.
TOWN
The Town of Milo.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable television facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
[1]
Editor's Note: See Ch. 350, Zoning.

§ 191-4 Reimbursement of fees and expenses.

A. 
Subdivisions.
(1) 
The applicant for approval of a subdivision in the Town shall reimburse the Town of all reasonable and necessary engineering expenses incurred by the Town in connection with the review and consideration of such subdivision.
(2) 
A developer who constructs, or proposes to construct, one or more highways, drainage facilities, utilities or parks within or in conjunction with an approved subdivision in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.
B. 
Planned unit developments.
(1) 
An applicant for the approval, amendment or extension of a planned unit development in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the review and consideration of said application.
(2) 
A developer who constructs or proposes to construct one or more buildings, highway drainage facilities, utilities or parks within or in conjunction with a planned unit development in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the granting of any building permit and in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.

§ 191-5 Exceptions.

A. 
The following developments are hereby excepted from the application of this article:
(1) 
Any development of land of one acre or less abutting an existing public highway.
(2) 
Any subdivision of land into no more than two lots abutting an existing public highway.
B. 
Notwithstanding anything to the contrary contained in this article, an applicant or developer shall not be required to reimburse the Town for any part of a legal or engineering fee incurred by the Town for services preformed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Town Board determines the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.

§ 191-6 Deposit and payment of fees.

A. 
Simultaneously with the filing of an application for approval of a development and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in § 191-7 of this article, which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in § 191-3 of this article.
B. 
Upon receipt of such sums, the Town Supervisor shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies so deposited and the name of the applicant or developer and project for which such sums were deposited.
C. 
Upon receipt and approval by the Town Board of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the development, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited, and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.
D. 
The Town Board shall review and audit all such vouchers and shall approve payment of only such engineering and legal fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of developments and the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments. For purpose of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Town for services performed in connection with the approval or construction of a similar development, and in this regard the Town Board may take into consideration the size, type and number of buildings to be constructed, the amount of time to complete the development, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations as the Town Board may deem relevant; and a fee or part thereof is necessarily incurred if it was charged by the engineer or attorney 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, protect public or private property from damage from uncontrolled, surface water runoff and other factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability, and such other interests as the Town Board may deem relevant.
E. 
If at any time during or after the processing of such application or in the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks there shall be insufficient monies on hand to the credit of such applicant or developer to pay the approved vouchers in full, or if it shall reasonably appear to the Town Supervisor that such monies will be insufficient to meet vouchers yet to be submitted, the Town Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems necessary or advisable in order to meet such expenses or anticipated expenses.
F. 
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify, as applicable, the Chairperson of the Planning Board, Town Board and/or Town's Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy may be withheld by the appropriate board, officer or employee of the Town until such monies are deposited.
G. 
After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, and after payment of all approved vouchers submitted regarding such development, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.

§ 191-7 Deposit amounts.

The amount of the initial deposit for the various developments covered by this article shall be as set forth in a schedule of deposits established from time to time, by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution.

§ 191-8 Application fees.

The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules, regulations or ordinances of the Town, and shall not be used to offset the Town's general expenses of legal and engineering services for the several boards of the Town, nor its general administration expenses.

§ 191-9 Interpretation.

This article shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this article are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.
[Adopted 5-5-2009 by L.L. No. 2-2009 (Ch. 87, Art. II, of the 1997 Code)]

§ 191-10 Title.

This article to establish standards for the imposition of fees for licenses, permits, consultant, attorney and expert services in the Town of Milo shall be known as the "Fee Reimbursement Law."

§ 191-11 Intent.

It is hereby declared the intent of this article to provide provisions applicable to all Administrative Costs and Fees incurred by the Town in reviewing and processing Municipal Applications which may or may not be approved. In addition, this article shall be applicable to any other Fees required to be paid by an Applicant(s) under any Chapter of the Code of the Town of Milo (hereinafter termed the "Code").

§ 191-12 Purpose.

It is the purpose of this article to provide the Town Board with the authority to appoint all Town Legal Counsel and Consultants to perform expert and/or professional services for the Town or any of its boards as well as the authority to recoup and be reimbursed from any Applicant Administrative Costs and Fees incurred in the processing of Municipal Applications or as otherwise set forth in the Code. The Town shall be authorized to impose upon the Applicant(s) such Administrative Costs and Fees as are Reasonably Necessary to process such Municipal Applications and as otherwise are Reasonably Necessary for the proper performance by the Town of its governmental functions as authorized by the Code.

§ 191-13 Appointment of Town Legal Counsel, Engineers and Consultants and Reimbursement of Administrative Costs and Fees.

A. 
Title. This section shall be known as the "Appointment of Town Legal Counsel, Engineers and Consultants and Administrative Cost and Fee Reimbursement Local Law."
B. 
Applicability. This article shall be applicable to all Administrative Costs and Fees incurred by the Town in reviewing and processing Municipal Applications which may or may not be approved. In addition, this article shall be applicable to any other Fees required to be paid by an Applicant(s) under any other provision of the Code.
C. 
Purpose. The purpose of this section shall be to provide to the Town Board the authority to appoint all Town Legal Counsel and Consultants to perform expert and/or professional services for the Town or any of its boards as well as the authority to recoup and be reimbursed from any Applicant Administrative Costs and Fees incurred in the processing of Municipal Applications or as otherwise set forth in the Code. The Town shall be authorized to impose upon the Applicant(s) such Administrative Costs and Fees as are Reasonably Necessary to process such Municipal Applications and as otherwise are Reasonably Necessary for the proper performance by the Town of its governmental functions as authorized by the Code.
D. 
Definitions. For the purposes of this article, the following phrases and words shall have the meaning assigned below. Capitalized words and phrases are defined terms as indicated below.
ADMINISTRATIVE COSTS AND FEES
Those Reasonably Necessary charges and fees ("Fees") incurred by the Town in processing and reviewing Municipal Applications within the Town of Milo, including but not limited to:
(1) 
Engineering Fees.
(2) 
Attorney Fees.
(3) 
Appraisal Fees.
(4) 
Consultant Fees.
(5) 
Land Survey Fees.
(6) 
Municipal Finance Fees.
(7) 
Any and all other Reasonably Necessary fees, costs and expenses incurred by the Town in processing and reviewing a Municipal Application.
APPLICANT(S)
The property owner of record of the real property that is the subject matter of a Municipal Application or who has otherwise applied for any approval, hearing, certificate, license or permit from the Town of Milo, and/or any applicant, agent and/or representative acting in concert with and/or on behalf of such property owner, including but not limited to a prospective purchaser or developer of such real property.
ATTORNEY FEES
Those fees billed to the Town by any of its Town Legal Counsel regarding a Municipal Application in accordance with the rates established and approved by the Town Board by resolution and as Audited, approved and paid by the Town Board by resolution.
AUDITED
Reviewed and approved by the Town Board for allowance and payment upon a determination that such Administrative Costs and Fees are Reasonably Necessary.
CONSULTANT
An independent contractor duly appointed by the Town Board by resolution to perform expert and/or professional services for the Town and/or any of its boards pursuant to a written contract of such duration as determined by the Town Board. The Town Board shall appoint all Consultants to the Town and/or any of its boards.
CONSULTANT FEES
Those fees billed to the Town by any Consultant duly appointed by the Town Board by resolution regarding a Municipal Application and as Audited, approved and paid by the Town Board and adopted by Town Board resolution.
ENGINEERING FEES
Those fees billed to the Town by its Town Engineer or any engineer regarding a Municipal Application as Audited, approved and paid by the Town Board and adopted by Town Board resolution.
LAND SURVEY FEES
Those fees billed to the Town in connection with the survey of land regarding a Municipal Application as Audited, approved and paid by the Town Board and adopted by Town Board resolution.
MUNICIPAL APPLICATION
Municipal Applications, including but not limited to zoning, rezoning, subdivision, site plans, special use permits, variances, building permits, clearing and grading permits, waste management facilities permits, adult entertainment licenses and any other permits, licenses or approvals granted by the Town of Milo.
MUNICIPAL FINANCE FEES
Those fees billed to the Town in connection with any financial document, instrument or transaction regarding a Municipal Application as Audited, approved and paid by the Town Board and adopted by Town Board resolution.
REASONABLY NECESSARY
Such Administrative Costs and Fees and all other costs and expenses that are reasonably related to the processing and reviewing of the Municipal Application in the proper exercise by the Town of its governmental functions and that are equivalent to the average and customary fees charged within our community.
TOWN ENGINEER
The professional engineering firm duly appointed each year as an independent contractor by resolution of the Town Board to provide professional engineering services to the Town and/or any of its boards pursuant to a written contract for a period of one year and in accordance with the engineering fee schedule set forth in such contract.
TOWN LEGAL COUNSEL
An attorney duly appointed by the Town Board to represent the Town or any of its boards, including but not limited to a "Town Attorney," "Attorney for the Town," "Attorney for the Planning Board," "Attorney for the Zoning Board of Appeals" and any "Special Counsel." For purposes of this article, "Town Attorney" shall mean a full- or part-time salaried Town Attorney appointed by the Town Board to represent the Town at a salary and for a term of office of at least one year as determined and approved by the Town Board by resolution; "Attorney for the Town" shall mean an attorney appointed by the Town Board to represent the Town and the Town Board pursuant to a written contract for a period of not more than one calendar year and at a rate of compensation as determined and approved by resolution of the Town Board; "Attorney for the Zoning Board of Appeals" shall mean an attorney appointed by the Town Board to represent the Zoning Board of Appeals pursuant to a written contract for a period of not more than one year and at a rate of compensation as determined and approved by resolution of the Town Board; "Attorney for the Planning Board" shall mean an attorney appointed by the Town Board to represent the Planning Board but subject in all respects to approval of the Town Board by resolution. Any "Attorney for the Planning Board" shall perform legal services for the Planning Board pursuant to a written contract for a period of not more than one year and at a rate of compensation as determined and approved by resolution of the Town Board; "Special Counsel" shall mean an attorney appointed by the Town Board pursuant to a written agreement at such rate of compensation and for such term as determined by the Town Board by resolution to represent the Town and/or any of its boards and/or to assist the Town Attorney, if any, or any Attorney for the Town in any litigation, action or proceeding or with respect to any subject matter, improvement or proceeding, including but not limited to tax proceedings, environmental reviews undertaken pursuant to the New York State Environmental Quality Review Act (SEQRA) and/or review and/or preparation of any SEQRA Environmental Impact Statement where the Town is designated as lead agency. The Town Board shall in all respects appoint by resolution any Town Attorney, Attorney for the Town, any Attorney for the Zoning Board of Appeals and any Special Counsel. The Planning Board may select the Attorney for the Planning Board, subject, however to approval by the Town Board by resolution.
E. 
Reimbursement by Applicant(s) of Administrative Costs and Fees; right to review. All Administrative Costs and Fees incurred by the Town and Audited by the Town Board that are Reasonably Necessary for the review and processing of Municipal Applications shall after Audit by the Town Board be charged back to the Applicant(s) as an Administrative Cost and Fee. The Applicant(s) may, within 20 business days of receipt from the Town of any request for reimbursement of an Administrative Cost and Fee, submit to the Town Clerk a written request to review at Town Hall the invoices of any Town Legal Counsel, Town Engineer or other Consultant employed by the Town and upon which the reimbursement of such Administrative Cost and Fee to such Applicant(s) is based. If such written request to review any such invoices is not timely filed with the Town Clerk within such twenty-day period, it is deemed waived.
F. 
Collections. As a condition to the processing of any Municipal Application, the Applicant(s) shall pay to the Town any and all Administrative Costs and Fees incurred in connection with any previous Municipal Application that remain unpaid and outstanding, if any. In addition, and as a condition to any Municipal Application, the Applicant(s) shall acknowledge in writing the obligation to reimburse the Town for all Administrative Costs and Fees incurred in connection with any such Municipal Application or as otherwise required pursuant to the Code. Any such Municipal Application required to be submitted to the Town by any Applicant(s) shall state on its first page that a copy of the current Town Fee Schedule and information regarding the hourly rates currently charged by any Town Engineer, Town Legal Counsel and/or Consultant may be obtained from the Town Clerk. Further, any such Municipal Application shall affirmatively state that the Applicant(s) shall be jointly and severally obligated to reimburse the Town of Milo for all such Administrative Costs and Fees incurred consistent with the requirements of this article and any other provisions of the Code.
G. 
Enforcement; penalties.
(1) 
In the event that the Town of Milo is required to take any action, to refer for collection or to commence any proceeding against the Applicant(s) regarding failure to reimburse the Town of Milo for any Administrative Cost or Fee Audited by the Town Board and assessed against the Applicant(s), in addition to responsibility for reimbursement of all such unpaid Administrative Cost or Fee, the Applicant(s) shall be jointly and severally obligated to reimburse the Town of Milo for the Town's reasonable attorney's fees and for all other costs and disbursements incident to any such action taken or proceeding commenced by the Town to collect any such Administrative Costs and Fees.
(2) 
The Applicant(s) shall be deemed to be in default of the obligation to reimburse the Town for the Administrative Costs and Fees associated with a Municipal Application upon the failure to remit payment in full within 30 days of receipt from the Town of Milo of a written notice requesting such payment. Such written notice will be deemed to be received by the Applicant(s) within five business days of the date of mailing as indicated on such written notice.
(3) 
The Town of Milo may also assess penalties against any Applicant(s) in default at the rate of 1% per month for delinquent reimbursement to the Town of Administrative Costs and Fees.

§ 191-14 Fee Schedule.

A. 
Declaration of Intent: Fees enumerated. It is the intent of this section to establish that "Fees" for the Town of Milo shall also include Reasonably Necessary fees to be charged by the Town Engineer, any Consultant, any Legal Counsel to the Town, the Code Enforcement Office, the Town Highway Department, the Town Water Department, the Town Sewer Department, the Town Board and their employees or agents for each permit, certificate, license, hearing, public notice, site inspections, firesafety inspections, building inspections, site plan reviews and approvals, subdivision review and approvals and any other inspection, approval, document, instrument, action or proceeding as required under the Code.
B. 
Declaration of Fee Schedule. All Fees in the Town of Milo as set forth in the Code shall be established by Town Board resolution upon a proper determination by the Town Board that such Fees are Reasonably Necessary to the proper performance by the Town of its governmental functions. Except as otherwise set forth in a written contract with any Legal Counsel to the Town, the Town Engineer and/or any Consultant to the Town as approved by the Town Board pursuant to the provisions contained in §§ 191-10 through 191-13 hereof, all such Fees shall be referenced in and made a part of the "Town of Milo Annual Fee Schedule." Such "Town of Milo Annual Fee Schedule" shall be adopted annually by the Town Board at its organizational meeting and maintained in the Office of the Town Clerk where it shall be available upon request for public review and copying. In addition, a copy of the current Town of Milo Annual Fee Schedule shall be posted in a prominent location in the Town office.
C. 
Declaration of Fee administration and payment. All Fees are to be administered and collected by the Town Clerk. All Fees required to be paid pursuant to the Code in connection with the issuance of any permit, certificate and/or license by the Town of Milo are to be paid to and recorded by the Town Clerk prior to the issuance of any such permit, license or certificate as set forth in the Code.
D. 
Charge back of Fees in Annual Fee Schedule to Applicant(s). As provided for in § 191-13 above, all Administrative Costs and Fees that are Reasonably Necessary to the proper performance by the Town of its governmental functions as set forth in the Code shall be charged back to the Applicant(s) after Audit by the Town Board, including but not limited to the Fees set forth in the Town of Milo Annual Fee Schedule.
E. 
The Annual Fee Schedule to Applicant(s). A true and correct copy of the most recent Town of Milo Annual Fee Schedule, as amended from time to time and as adopted by the Town Board by resolution, shall be maintained by the Clerk of the Town of Milo.
F. 
Miscellaneous Fees. Fees not reflected in a specific law of the Code or set forth in the Town of Milo Annual Fee Schedule shall be as follows:
G. 
Returned checks.[1]
(1) 
Statutory authorization. The Town officials collecting money from persons doing business in the Town of Milo may hereby charge a returned check fee of $20 for any check returned for insufficient funds.
(2) 
Form of future payments. Any person having had a check returned for insufficient funds may be required by Town officials to remit any future payments only in the form of cash or by certified or cashier's check.
[1]
Editor's Note: See also Ch. 69, Payment Policies, Art. I, Returned Checks Fees.

§ 191-15 Town Board authority to waive or reduce Fees.

The Town Board shall have the authority to waive in its entirety and/or to reduce fees charged to the Applicant(s) pursuant to this article on a case-by-case basis upon a showing by the Applicant(s) by clear and convincing evidence of undue hardship or inappropriateness. Said Applicant(s) shall file an application for fee waiver or reduction with the office of the Town Clerk within 30 days of the approval of the residential land use application. Failure to apply for a waiver or reduction of fees on a timely basis pursuant to this article shall bar the applicant from receiving any such waiver or reduction and from commencing an action in a court of competent jurisdiction to challenge the imposition of said fees.

§ 191-16 Legislative authority; supersession of state law.

This article is enacted pursuant to the authority of Law 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law, authorizing a Town to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession. It is the intent of the Milo Town Board to supersede § 271, Subdivision 2, of the Town Law as it relates to appointment of experts and consultants, including attorneys, in §§ 191-10 through 191-14 of this article.