A.
Authority. The Pine Plains Planning Board, Zoning Board of Appeals,
Town Board, Code Enforcement Officer, or Zoning Enforcement Officer,
in the review of any applications pending before said boards, may
retain such engineering, planning, legal, technical and environmental
consultants, or professionals ("consultant services") as such boards
or officials shall deem reasonably necessary to assist same in the
review of such applications and in the inspection and approval of
any installations, infrastructure or improvements after final approval
of such applications.
B.
The applicant shall reimburse the Town of Pine Plains for the cost
of such consultant services.
C.
The Town Board shall review and audit all vouchers submitted by such
consultants and shall approve payment only if such consulting fees
and disbursements are reasonable in amount and necessarily incurred
by the Town in connection with the review, consideration and approval
of the proposed project or in the inspection and approval of any installations,
infrastructure or improvements after final approval of such applications.
For purposes of the foregoing, a fee, or part thereof, shall be deemed
a reasonable amount if it bears a reasonable relationship to the average
charge by consultants to the Town for services performed in connection
with the review and approval of similar projects in the Town, and
if there are no similar projects in the Town, then for similar projects
located in Dutchess County and the surrounding area, to the extent
that such similar projects may exist. The Town Board may take into
consideration the size, type and nature of the project, together with
such special features including, but not limited to, topography, soil
conditions, water, drainage conditions and any special conditions
or considerations the Town Board may consider relevant.
D.
A fee or expense, or part thereof, is necessarily incurred if it
is charged by the engineer, attorney, planner, or other professional
consultant for a service which was rendered in order to assist in
the protection or promotion of the health, safety or welfare of the
Town to its residents; to assist in the protection of public or private
property or the environment from potential damage which otherwise
may be caused by the proposed land use or development; to ensure or
assist in compliance with laws, regulations, standards or codes which
govern land use and development; to ensure or assist in the orderly
development and sound planning of a land use or development; to ensure
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 interest that the Town Board
may specify as relevant.
E.
At such time as the application is approved or denied by the Planning Board, Zoning Board of Appeals, or Town Board, or in the event inspections are to be made by consultants after approval is granted and the work is performed, such final inspections are made and the work is determined to be satisfactory, the Town shall refund to the applicant the deposit required pursuant § 275-106, Escrow accounts, less any sums expended by the Town for such consultant services relating to said project after final audit of the consultant vouchers by the Town Board and payment of such consultant fees. A copy of the computation of said sums so expended shall be provided to the applicant at the time that the Town shall calculate the refund, if any, due the applicant.
A.
As soon as possible after submission of any application, an escrow
account shall be established, from which withdrawals shall be made
to reimburse the Town for the costs of consultant services. The applicant
shall then provide funds to the Town for deposit into such account
in an amount to be determined by the reviewing board with the advice
and recommendation of the Town's engineer, attorney or planner based
on their evaluation of the nature and complexity of the application
and their estimation of the project's total value, using the following
schedule as a general guideline, with the decision of the reviewing
board to be final and conclusive on the applicant:
(1)
For residential projects, the total project value shall be calculated
based on the actual purchase price of the land or the fair market
value of the land, whichever is higher, plus the cost of all required
improvements. In the case of such projects, the initial escrow deposit
shall be no more than 2% of the total project value.
(2)
For nonresidential projects, including commercial and industrial
projects, the total project value shall be calculated based on the
actual purchase price of the land or the fair market value of the
land, whichever is higher, plus the cost of all supplying utility
service to the project, the cost of site preparation and the cost
of labor and materials as determined with reference to a current cost
data publication in common use. In the case of such projects, the
initial escrow deposit shall be no more than 2% of the total project
value.
(3)
For projects involving the extraction of minerals, the total
project value shall be calculated on the cost of site preparation
for mining. "Site preparation cost" means the cost of clearing and
grubbing and removal of overburden for the entire area to be maintained
plus the cost of utility services and construction of access roads.
Such costs are determined with reference to a current cost data publication
in common use. The escrow deposit shall be no more than 2% of the
total project value. For those costs to be incurred for phases occurring
three or more years after issuance of a permit, the project value
shall be determined using a present value calculation.
B.
At the time of submission of any application, the applicant shall,
in addition to the application fee, submit an initial escrow account
funding fee in accordance with the fee scheduled adopted by the Town
Board by resolution and an estimate of the total project value prepared
by an engineer, architect, surveyor or other qualified professional.
The initial escrow account funding fee shall be in an amount sufficient
to cover the consultant services costs necessary to review the application
and plans upon submission, and to offer recommendations to the reviewing
board as to the amount of the initial escrow deposit.
C.
After the amount of the initial escrow deposit is determined by the
reviewing board, the applicant shall be notified of the amount of
the initial escrow deposit and how that amount was calculated. In
the event the applicant disagrees with the amount of the initial escrow
deposit, the applicant shall have the right to file written objections
with the reviewing board, specifying the applicant's objection to
the amount of the initial escrow deposit. The reviewing board shall,
within a period of 30 days after receipt of the objections, make a
final determination as to the amount of the initial escrow deposit.
The applicant shall then be required to sign a written escrow agreement
with the Town, specifying, in relevant part, the amount of the initial
escrow deposit and the protocol for payment of consultant fees, and
the auditing of same and the requirement of additional funds to be
deposited in the escrow account as specified by this chapter. The
application shall not be deemed complete for purposes of commencement
of review of the same by the reviewing board until such time as the
escrow agreement is signed by the applicant and the initial escrow
amount is deposited by the applicant with the Town.
D.
The applicant shall be provided with copies of vouchers submitted
for payment by the consultants for such services as they are submitted
to the Town for payment.
E.
All sums paid by the applicant shall be deposited in a separate account
by the Town, from which withdrawals as provided in this Zoning Law
shall be made.
F.
When the balance in such escrow account is reduced to 1/3 of its
initial amount, the Town shall advise the applicant and the applicant
shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such amount is not replenished
within 10 business days after the applicant is notified in writing
of the requirement for such additional deposit, the reviewing board
may suspend its review of the application.
G.
A building permit, certificate of occupancy, or other permit, approval
or action being sought shall not be issued unless all professional
review fees charged in connection with the applicant's project have
been reimbursed to the Town by the applicant.
H.
All fees required pursuant to this Zoning Law shall be collected
by the Town through its bookkeeper or Town Clerk.
I.
This Zoning Law shall be applicable to all applications pending at
the time this chapter becomes effective unless a prior agreement concerning
such fees between the applicant and the Town is executed.
In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act, all subsequent consultant review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQRA. The applicant shall maintain the basic escrow account for the continued review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the consultant services costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with the provisions of this Article XVI.
