Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Monroe 3-24-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 57.
Subdivision of land regulations — See Ch. A65.
[1]
Editor's Note: This chapter repealed former Ch. 26B, Fees, adopted 5-2-1983 by L.L. No. 1-1983, as amended. This chapter also stated that, to the extent that Town Law §§ 265, 267, 267-a, 267-b, 271, 274-a, 274-b, 276, 277, 278, 279, 280-a, 283 or any other provision of law does not specifically authorize the Town to require reimbursement and advance deposit of funds for expenses in connection with land use, variance and development applications, such statutory provisions are expressly superseded.

§ 26B-1 Establishment of comprehensive fee schedule.

The Town Board does hereby declare that a comprehensive schedule of fees to be paid to the Town of Monroe upon the filing of certain applications for permits or other certificates for activities taken or approved by the Town Board, Planning Board, Zoning Board of Appeals, Building Inspector, Town Engineer and Town Clerk shall be established by resolution of the Town Board from time to time.

§ 26B-2 Land use application fees.

A. 
A schedule of planning, zoning and building application fees shall be established by resolution of the Town Board from time to time. All such fees in effect at the time of adoption of this chapter shall remain in effect until such time as those application fees are modified by resolution of the Town Board.
B. 
The application fees established pursuant to Subsection A above shall be deemed to be the minimum fee to be charged and any additional costs and expenses actually incurred by the Town for professional consultants, inspections (as well as all other nonministerial expenses) shall be paid by the applicant in accordance with § 26B-3 and other laws, resolutions, provisions, regulations and codes of the Town.
C. 
All reimbursement payments required by § 26B-3 shall be in addition to any application, inspection or other fees as may be required by any other laws, resolutions, 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 expenses.
D. 
Any fee established elsewhere in this Code which is not inconsistent with a fee established pursuant to this chapter shall remain effective.
E. 
This chapter and the schedule of application and other fees shall be filed with the Town Clerk. The failure to file any fee schedule revision with the Town Clerk shall not affect the obligation to pay such fee.

§ 26B-3 Reimbursement of costs and expenses.

A. 
The applicant for approval of any land use or land development proposal shall reimburse the Town for the 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 referred to herein as escrow fees or deposits. Reimbursement of the Town's consultant expenses shall be made in accordance with this chapter. For the purposes of this chapter, the term "land use or development" shall include, but not be limited to, designation as an open development area, a subdivision, lot line change, site plan, special permit, wetlands permit, variance, interpretation, appeal to the Zoning Board of Appeals, or any modification or amendment of any of the foregoing.
[Amended 4-18-2011 by L.L. No. 2-2011]
B. 
Initial planning and zoning review escrow deposits shall be delivered to the Town Clerk as part of the original application submission.
C. 
No review shall be undertaken by the consultants on any matter scheduled before the Town Board, Planning Board or Zoning Board until the initial fee and escrow deposit as set forth herein is paid.
[Amended 4-18-2011 by L.L. No. 2-2011]
D. 
If the escrow account falls below 80% of the initial deposit, the applicant shall, unless the requirement is waived by the Chairman, pay additional funds into the escrow account to maintain that account at 80% of the initial deposit.
E. 
In the event that an applicant shall withdraw his application at any stage of the proceedings or when the application review and approval process has been completed, the balance of funds in the applicant's account shall be either remitted to the applicant when reimbursement has been completed and 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 toward postapproval inspection requirements. Additionally, if requested by the applicant, the balance of funds in the applicant's account may be applied toward any financial obligation established under a public improvement security agreement entered into between the applicant and the Town (See Chapter 57, Article VIII).
F. 
The applicant shall remain responsible to reimburse the Town its costs and expenses in reviewing the applicant's land use application notwithstanding that the escrow account may be insufficient to cover such costs and expenses.
G. 
In the event that the Town Board, Planning Board or Zoning 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 to be established pursuant to this section within 15 days of issuance of said positive declaration, or such period as the respective Board shall otherwise establish, in an amount to be set by the Planning or Zoning Board.
[Amended 4-18-2011 by L.L. No. 2-2011]
H. 
All applicants with matters pending before the Town Board, Planning Board and Zoning Board as of the effective date of this chapter shall be required to comply with the new fees and escrow account maintenance provisions contained herein.
[Amended 4-18-2011 by L.L. No. 2-2011]
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 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 engineering, legal and/or planning consultants who render services pertaining to a land use or development application shall submit monthly itemized vouchers to the Town Board (through the Clerk to the Planning Board and/or Zoning Board) 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 Town Board, 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 and/or the Zoning Board (as appropriate) 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 payment of same and shall provide to the applicant a copy of the voucher as audited. The Town Board shall also be responsible for auditing the vouchers submitted to it by the Town consultants for land use approvals which it must approve, including but not limited to open development area approvals under the Town Law. The provisions of Subsection K of this section shall apply to professional and consulting reviews undertaken on behalf of the Town relating to any approval to be considered by the Town Board.
[Amended 4-18-2011 by L.L. No. 2-2011]
N. 
The Planning Board and Zoning Board are hereby authorized, at the time of action on any project, to make payment of any amount then overdue or likely to be later incurred 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 liability account to fund expenses incurred by the Town in processing the application as provided for in Subsection A, 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 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 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 K, above. Interest shall accrue on any unpaid itemized voucher at the rate of 9% per annum. The pursuance of an appeal under § 26B-4 shall not affect the obligation to pay interest on any unpaid balance ultimately determined to be due.

§ 26B-4 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 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.

§ 26B-5 Payment of fees.

All fees shall be payable to the Town of Monroe.