[Adopted 11-25-1996 by L.L. No.
16-1996; amended in its entirety 12-23-2019 by L.L. No. 14-2019]
This article shall hereafter be known and cited as the "Fee
Reimbursement Law" of the Town of Victor.
This article shall apply to the entire area of the Town of Victor,
excluding that area within the corporate limits of the Village of
Victor.
The purpose of this article shall be to establish fees to be
charged by the Town Clerk, Building Department, Planning Department,
Recreation Department, Department of Public Works, and their employees
or agents, and to provide to the Town of Victor the authority to recoup
and be reimbursed for their administrative and out-of-pocket costs
and expenses incurred in the processing of municipal applications.
For the purposes of this article, the following phrases and
words shall have the meanings assigned below, except in those instances
when the context indicates a different meaning:
Those charges incurred by the Town in processing and reviewing
municipal applications within the Town of Victor, including but not
limited to:
Those fees billed to the Town by its Town Attorney or any
special counsel as paid, approved and audited by the Town Board and
adopted by Town Board resolution.
Reviewed and approved by the Town Board upon a determination
that such fees are reasonably related to the processing and reviewing
of the application and being average and customary to those fees charged
by consultants within this community.
Those fees billed to the Town by its Town Engineer or any
engineer as paid, approved and audited by the Town Board and adopted
by Town Board resolution.
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 Victor.
Such fees and costs that bear a reasonable relationship to
the average and customary costs in the community to accomplish the
processing and review of applications.
All administrative expenses incurred by the Town which are reasonably
necessary in the review and processing of the applications shall be
charged back to the applicant as a fee related to the application
submitted. "Inspection site not ready" fee will be charged when applicable,
as determined by the Code Enforcement Officer as part of the building
permit inspection process.
As a condition to any application, the property owner, applicant,
agent and representative of said property shall acknowledge in writing
their obligations of fee reimbursement consistent with this article,
and the owner, applicant and agent shall be jointly and severally
obligated to reimburse the Town of Victor for all costs incurred in
conjunction with any such application.
A.
In the event that the Town of Victor is required to refer for collection
any outstanding cost or charge for any reimbursement as set forth
in this article, the applicant and/or property owner or property owner's
agent shall, in addition to the reimbursements, be obligated to pay
a reasonable attorney's fee and costs incident to any action
commenced by the Town to collect such fees. Reasonable attorneys'
fees shall also include any disbursements that may result from the
commencement of litigation.
B.
Any applicant as defined above shall be deemed to be in default of
their obligation of fee reimbursement for their failure to remit said
reimbursements within 30 days of notice to pay.
C.
The Town may assess penalties at the rate of 1% per month for delinquent
reimbursements.
