Town of Philipstown, NY Article I Costs of Special Consultants

[Adopted 7-7-1972]

§ 71-1 Responsibility for costs associated with certain projects.

Whenever the Town Board deems it advisable to seek and procure the services of a professional engineer or other specialists or technical advisers to inspect or otherwise check or review the construction of roads, pavement, drainage projects, sanitary sewers, buildings, developments and structures of unusual importance to the Town, as well as projects and operations of like importance to the Town, the Town Board shall procure an estimated cost of the services involved and shall require the applicant or owner or other person or corporation responsible for the matter involved to deposit with the Town of Philipstown the amount of said estimated fee for the payment thereof.[1]

[1] Editor's Note: See also § 112-18 of Ch. 112, Land Development, and § 150-16B of Ch. 150, Streets and Sidewalks.

§ 71-2 Agreements or deposits required.

The Town of Philipstown, through its Town Board and other various boards, departments and officers, shall not issue any permits for any of the aforesaid categories until the applicant, contractor, developer, property owner or other persons or corporations involved shall have agreed in writing to pay for said engineering or other special or technical advice and services deemed required and necessary and shall have made suitable arrangements for payment of the same, including a deposit to cover the original estimated cost.

§ 71-3 Professional review services; payments; application for special arrangements.

[Amended 1-4-2007 by L.L. No. 1-2007; 9-25-2013 by L.L. No. 1-2013]

A. Escrow deposit requirement.

(1) At the time of submission of any application to any board, including but not limited to the Planning Board, Town Board, Conservation Board, and Zoning Board of Appeals, the applicant may be required to deposit funds with the Town. The amount of the deposit shall be established by resolution of the Town Board in its Fee Schedule. The funds shall be used by the Town to pay the Town's consultants for all reasonable costs of planning, engineering, legal, architectural, accounting and/or other consultants deemed appropriate by the applicable Board. Proof of this deposit shall be submitted with the application to the applicable Board. The Board Secretary will ensure proof of this escrow fund prior to placing the application on the Board's agenda. This fund shall be monitored by the Board's secretary as to applicable debits and credits. The Board may increase or decrease the amount of escrow, if it is appropriate to the application.

(2) Withdrawals shall be made from this fund to pay for the costs of professional review services. In the event that the escrow account is subsequently reduced by more than half, the applicant shall replenish the account to its original balance.

(3) For applications pending at the time of adoption of this provision, applicants shall be required to deposit funds in escrow and pay for such expenses incurred after the date of such adoption. The Board reviewing the application may increase or decrease the amount of the escrow if it is appropriate to the application.

B. Return of funds. In the event the amount held in escrow by the Town is more than the amount of the actual billing or invoicing, the difference between such amount and the actual billing or invoicing shall be promptly refunded to the applicant after final action is taken on the application or if the application is withdrawn.

C. Failure to pay fees or replenish escrow account.

(1) No action or approval shall be taken or issued by the Town if any required escrow payment has not been made.

(2) In the event final approval has been granted and an outstanding balance for consulting fees remains unpaid, the Building Inspector shall not grant a building permit and/or certificate of occupancy until payment of approved outstanding consulting fees has been made in full.

D. Payment of funds required for complete application or action. An application for approval, or for any intermediate approval process, or for any action covered by this article shall not be deemed complete for any purpose until such time as the funds required by such Boards shall have been paid to the Town.

E. Application for special arrangements. Whenever any boards, departments or officers of the Town deem it necessary and advisable to have engineering or other technical or special advice in connection with the aforesaid matters for which specific provision is not otherwise made in law or by local law, ordinance or resolution, they or any of them shall apply to the Town Board for special arrangement to be made for such advice and assistance in accordance with the terms of this article.

F. An applicant shall have the right to appeal to the Town Board the amount of any required escrow deposit or the amount charged to an escrow account by a consultant under this section.