[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.]
[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Editor's Note: This chapter repealed former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such statutory provisions are expressly superseded.
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.
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.
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.
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.
All fees shall be payable to the Town of Monroe.
