[HISTORY: Adopted by the Town Board of the
Town of North Salem 7-18-1987 by L.L. No. 2-1987; amended in its entirety 11-12-2008 by L.L. No.
6-2008. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for
a consolidated schedule of fees to be charged in the administration
of Town laws, ordinances, regulations and resolutions and to permit
an annual review and modification of such fees by the Town Board by
resolution duly adopted in accordance with this chapter.
This chapter shall be known as the "Standard
Schedule of Fees of the Town of North Salem."
The fees set forth herein shall apply to the
provisions of all of the local laws, ordinances, regulations and resolutions
adopted by the Town of North Salem and shall supersede any specific
fee contained or referred to in such laws, ordinances, regulations
or resolutions which have been adopted prior to the date of this chapter.
[Amended 12-14-2010 by L.L. No. 4-2010; 12-14-2010 by L.L. No. 5-2010; 5-22-2012 by L.L. No. 4-2012; 12-11-2012 by L.L. No. 8-2012]
The schedule of fees, deposits, bonds and charges is established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the Town of North Salem by resolution of the Town Board. Applications for and the issuance of such licenses and permits are subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required is subject to all regulations set forth in the chapter to which reference is made and to all other applicable laws and regulations. The fees are subject to change, and the user may confirm the currently effective fee with the Town Clerk’s office. All fees, deposits, bonds and charges set forth in Chapter 85, including Schedules A and B, are hereby rescinded as of the date of adoption of this section and replaced with the simultaneous adoption of a Fee, Deposit, Bond and Charge Schedule to be on file in the Town Clerk’s Office and not set forth in this Code.
A.
The Town Board, Planning Board and Board of Appeals,
in the review of any application described above, may refer any such
application presented to it to such engineering, planning, legal,
environmental or other technical consultant as such Board shall deem
reasonably necessary to enable it to review such application as required
by law. The charges made by such consultants shall be in accord with
charges usually made for such services in the metropolitan New York
region or pursuant to an existing contractual agreement between the
Town and such consultant. The Town Board shall approve all such charges
before they are incurred. All such charges shall be paid upon submission
of a Town voucher. The applicant shall reimburse the Town for the
cost of such consultant services upon submission of a copy of the
voucher. Such reimbursement shall be made prior to final action on
the application. In the event that an application is required to be
reviewed by two or more boards, then in such event and to the extent
applicable, the boards shall use the same consultants, who shall in
such case prepare one report providing the data, information and recommendations
requested by the boards. In all instances, duplications of consultants'
reports shall be avoided wherever possible in order to minimize the
cost of such consultants' reports to the applicant.
B.
At the time of submission of a completed petition
or application by an applicant for rezoning, special use permit, conditional
use, subdivision approval, site plan approval, boundary adjustment,
wetlands permit approval or sand and gravel excavation and tree removal
approvals, stormwater pollution prevention plans, building permits
or any application requiring reimbursement of review costs, the applicant
shall establish an initial escrow account with the Town for reimbursement
for professional consulting services in accordance with Schedule B
attached hereto.[1] In the event that the outstanding balance in any account,
once established, is less than $500, the applicant will be required
to replenish the account with an amount reasonably required for the
Town's consultants to complete the tasks assigned to them. Any unexpended
funds in an applicant's escrow account after the payment of all professional
consultants' fees shall be returned to the applicant upon application
to the Town Board for the same.
Where a petition or application for an approval
requires other permits and approvals of the Town, applicants should
be apprised of other fees required by the Town to offset the costs
of permit review and issuance.
A.
Town environmental quality review fee.
(1)
Accompanying an environmental clearance form: no fee.
(2)
Accompanying an environmental assessment form: $50.
(3)
Accompanying any environmental impact statement for
residential projects: 2% of the total project cost, which shall include
the cost of the land, plus the cost of all required site improvements,
not including the cost of buildings and structures, minus $50.
(4)
Accompanying environmental impact statement for nonresidential
projects: 1/2 of 1% of the total project cost. The total project cost
shall be the cost of supplying utility service to the project, the
cost of site preparation and the cost of labor and material, as determined
with reference to a current cost data publication in common usage,
such as building construction cost date by means.
All petitions for refunds shall be made to the
Town Board. Refund of fees will be allowed in proportion to the status
of the application and any funds expended in the processing of such
application. In no case shall more than 1/2 or more than 50% of the
fee be refundable. Where applications are submitted which do not contain
the required materials for review, an administrative fee of 10% of
the application fee will be assessed with the returned application.
No fee is refundable after scheduling of a required public hearing.
[Amended 12-11-2012 by L.L. No. 8-2012]
The Town Board may periodically review the fee
schedule set forth in this chapter and may, by resolution, amend the
fees set forth herein. An amended fee schedule shall be on file in
the Office of the Town Clerk and distributed to the Town department
administering the fees as amended.
