§ 108A-13. Fees for services.

A. 

An application fee and inspection fee established by resolution of the Town Board and set forth in the Master Fee Schedule, which may be amended, shall be submitted with the application.

B. 

The Town Board, the Planning Board or Zoning Board of Appeals, in review of any application for a stormwater pollution prevention plan approval, may refer such application to such planner, attorney, engineer, environmental expert or other consultant engaged by the Town or to such Town professional staff as such Board shall deem reasonably necessary to enable it to review such application as required by law.

(1) 

Fees charged by such consultant shall be in accord with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Town and such consultant. All such fees shall be paid by the Town upon submission of a Town voucher, and the applicant shall reimburse the Town for the costs of such consultant upon submission of a copy of the voucher or at the discretion of the reviewing board in accordance with the escrow account procedure set forth below.

(2) 

Costs for services of professional staff shall be in accord with hourly rates based upon actual salary and benefits paid by the Town. The applicant shall reimburse the Town for the costs of professional staff services upon submission of an invoice or at the discretion of the reviewing board, in accordance with the escrow account procedure set forth below.

(3) 

The payment of such costs by the applicant shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Town law, ordinance or regulation.

(4) 

All charges for services shall be audited by the Town, and applicant costs shall be limited to those that are reasonable in amount and are necessary for the Town’s review and action on the application in accordance with the law.

C. 

Escrow accounts. At the time of submission of any application for a stormwater pollution prevention plan approval, the reviewing board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of consultant fees and professional staff services. The applicant shall then provide funds to the Town for deposit into such account, in the amount to be determined by the reviewing board based upon its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Town voucher for consultant fees as they are submitted to the Town and with Town staff time records for services for which reimbursement is sought. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to restore the balance in such account to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the Board may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued unless all such applicants costs have been reimbursed to the Town. After all pertinent costs have been paid, the Town shall refund to the applicant any funds remaining on deposit.

Amended 4-14-2009 by L.L. No. 5-2009