Town of Woodbury, NY Fees

The schedule of fees and/or escrow deposits of the Town of Woodbury, including but not limited to fees and/or escrow deposits related to permits, licenses, variances, parkland fees, peddling and soliciting licenses, fees for access to public records, impound fees, petitions for annexation, amendments to the official maps of the Town and its districts and/or tax maps, amendments to the Town Code, and any other submissions and/or petitions to the Town Board, which require the use or employment of Town counsel, special legal counsel, bond counsel, transaction counsel, or other legal advice or representation, planning consultants, zoning consultants, engineers, accountants, experts, appraisers or other professionals or persons that may be deemed reasonably necessary to review, act, or otherwise provide advice and/or guidance on any matter ("consultants") shall be set by the Town Board, and shall be ratified or updated by resolution of the Board from time to time as necessary. The current schedule of fees and/or escrow deposits shall be maintained by the Town Clerk and shall be made available to the public during normal business hours.

In the event that the fee and/or escrow deposit required for a particular submission or application does not appear on the schedule adopted by the Town Board, the Town Board shall set a fee and/or escrow deposit that it reasonably expects will cover all necessary and appropriate expenses to be incurred by the Town in connection with such submission or application.

Consultants' fees.

(1)

The Town Board, in the review of any submission or application which is presented to it whereby consultants are to be retained to advise the Board, may refer any such submission or application to such consultant as it shall deem necessary to enable it to review such submission or application as required by law. The amount of the fee shall be determined pursuant to the provisions of Subsection C(2).

(2)

Escrow. The applicant shall deposit with the Town Clerk an escrow to cover the costs to be incurred by the Town for the aforesaid consulting services or other special retained expert in connection with submissions or applications before its boards. The initial amount of the aforesaid escrow deposit shall be determined by the Town Board by resolution as necessary. The Town Clerk or Treasurer shall cause statements to be rendered to the applicant or other person(s) seeking relief or otherwise responsible for payment, reflective of the actual expenses of the Town. Such statements shall be due and payable upon presentation or paid for from the active escrow account described herein.

(3)

Replacement of escrow account. If the escrow account falls below 20% of the initial deposit, and as often as necessary thereafter, the Town Board may require that the applicant pay additional funds into the escrow account up to an amount necessary to replenish the initial deposit. In the event said applicant fails to deposit such additional escrow, any further review, approval, permit or certificate issuance may be withheld until such escrow deposit is made.

(4)

Reimbursement of escrow. In the event that an applicant shall withdraw his or her application at any stage of the proceedings or when the application review and approval process has been completed, the excess funds in the applicant's escrow account, if any, either shall be remitted to the applicant or, if so directed by the applicant, shall remain on deposit as the applicant's initial payment toward the post- approval inspection requirements.

(5)

Deficiency of account. The applicant shall be responsible for all of the foregoing fees, notwithstanding that the escrow account might be insufficient for said fees or expenses. In the event that the applicant fails to pay any outstanding expenses or charges, said uncollected fees or expenses shall be a lawful charge against the real property of the applicant, petitioner or other person(s) seeking relief or otherwise responsible, to be assessed, levied and collected in the same manner provided for the levying and collection of real property taxes. The lien of such assessment shall be prior and superior to every other lien or claim, except the lien of existing tax assessment or other lawful charge imposed by the state or political subdivision or district thereof.

(6)

Review of application. No review shall be undertaken by the consultants or the matter scheduled before the board until the escrow account and all fees, as set forth herein, are paid.