[HISTORY: Adopted by the Town Board of the Town of Marlborough 5-14-2007
by L.L. No. 3-2007. Amendments noted where applicable.]
Upon application to the Town Board for any action for approval required
in accordance with the procedures set forth by the Town Law of the State of
New York, the applicant shall post with the Town of Marlborough a deposit
to cover all engineering consulting fees, surveying fees, attorney fees, and
any other consulting fees deemed necessary by the Town Board. Such matters
shall include but shall not be limited to land development activities; the
application of federal, state and/or local law provisions to particular matters;
petitions and other proposals for zoning and other amendments to the Code
of the Town of Marlborough; highway dedications; the creation or extension
of special districts and other improvements to infrastructure; and easements
and other matters affecting real property, including access, drainage, culverts,
driveways and rights-of-way.
Said deposit shall be in the amount set by the Town Board and deemed
to be reasonable and necessary for the review of the proposed action of the
applicant.
Any portion of the deposit not expended during the review of said application
shall be returned to the applicant upon final action (including but not limited
to a permit, permission, resolution, consent or final determination) of the
Town Board by a motion to release any remaining funds. Return of funds will
occur within 30 days.
If at any time during the escrow period the account falls below 25%
of the original amount, the Town Board may request additional escrow to be
provided by the applicant up to 50% of the original amount. The additional
escrow may continue until final action of the Town Board. Such deposit made
to the Town for review of any application shall be made in a form acceptable
to the Town Board, and withdrawals therefrom shall be made by the Supervisor
upon authorization by the Town Board. There shall be no requirement for the
Town to pay interest on said deposit.
In the absence of a tender of payment, the Town shall be under no obligation
to issue any permit, permission, resolution, consent or other final determination
of the matter under consideration until such time as such tender has been
made and/or the dispute has been resolved. Failure to remit in a timely manner,
within 30 days, any fee required under this section shall be deemed to be
abandonment of the application pending before the Town Board, and any portion
of the deposit not expended shall be returned within 30 days.
The Town requires that a copy of this policy with a witnessed signature
of agreement by the applicant be included with the application file prior
to any action being taken by the Town in regards to the matter under consideration.
