HomeMy WebLinkAboutLL 03 of 2016 Escrow Fees for PDZ RezoningAdopted March 7, 2016 1
TOWN OF ITHACA
LOCAL LAW NO. 3 OF THE YEAR 2016
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 153, TITLED “FEES,” TO ADD
ESCROW FEE PROCEDURES AND TO REQUIRE ESCROW FEES FOR APPLICATIONS TO REZONE TO
PLANNED DEVELOPMENT ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 153 (Fees) of the Town of Ithaca Code, Section 153-2
(Zoning, subdivision, SEQRA, Zoning Board of Appeals, and development application
fees), subsection B (Application fees and public hearing fees), paragraph 11 is amended
by adding the title “Rezoning applications” to paragraph 11, labeling the current
language in paragraph 11 as subparagraph a, and adding a new subparagraph b reading
as follows:
“In addition to the other fees in this paragraph 11, when the application is for
rezoning to a Planned Development Zone pursuant to Article XXI of Town Code
Chapter 270, Zoning, the applicant shall also submit with the initial application
an escrow fee as set forth in the Fee Schedule to cover reasonable and necessary
attorney fees and attorney expenses incurred by the Town related to creation of
the Planned Development Zone. Such attorney fees and expenses include those
associated with the drafting and review of the local law to rezone the parcel(s) to
Planned Development Zone, and attorney meetings with Town officials
(including the Town Board Planning Committee), staff and/or the applicant to
discuss the potential Planned Development Zone.”
Section 2. Chapter 153 (Fees) of the Town of Ithaca Code, Section 153-2
(Zoning, subdivision, SEQRA, Zoning Board of Appeals, and development application
fees), is amended by adding a new subsection D reading as follows:
“D. Escrow fees procedures.
(1) The Town shall place escrow fees paid pursuant to Town Code
requirements into a trust and agency account to fund the expenses
incurred by the Town as described in the various Town Code provisions
that require escrow fees. The Town shall keep a record of the name of
the applicant and proposed project and of all such monies deposited and
withdrawn.
(2) Where consultant fees by attorneys, engineers or other professionals are
to be paid out of escrow fees, the consultants shall submit monthly
itemized bills to the Town reasonably setting forth the services
performed and expenses incurred, and the amounts charged for such
services and expenses.
Adopted March 7, 2016 2
(3) Where Town employee costs are to be paid out of escrow fees, the Town
shall prepare monthly itemized bills reasonably setting forth the
employee services performed, the costs of such services, and expenses
incurred.
(4) Town staff shall transmit copies of said itemized consultant and/or Town
bills to the applicant, together with a notice notifying the applicant that
the failure to object, within 15 days of the sending of said notice, to
payment of the charges out of the escrow fees shall constitute an
agreement by the applicant that the charges are reasonable in amount
and necessary in connection with the application. Notwithstanding any
other provisions of this subsection D, in no event shall the total amount
of the portion of all bills attributable to SEQRA-related fees (as described
in subsection C above) exceed the amounts allowed to be charged by 6
NYCRR § 617.13.
(5) An applicant’s objection to payment of a bill or part thereof out of the
escrow fees must be received by the Town Clerk within 15 days of the
sending of the notice described in paragraph 4 above. The objection
must state the specific services and amounts that are objected to, and
the reasons why they are not reasonable in amount and necessary in
connection with the application.
(6) The following process shall apply to all objections except those associated
with SEQRA-related fees. Within 45 days of the Town Clerk’s receipt of a
timely objection, the Town Board will review and audit the contested bill
pursuant to New York Town Law §§ 118 and 119, consider the objection,
and prepare a written response to the applicant setting forth reasons
why the applicant’s claims are valid or invalid. The written response shall
include a determination of whether the fees, costs and expenses are
reasonable in amount and necessarily incurred by the Town in
connection with the application, and whether the amount to be paid out
of the escrow fees should be adjusted downward. The Town Clerk will
notify the applicant in writing of the Town Board’s written decision within
5 days of the decision. Payment of the amount approved by the Town
Board shall be made out of the escrow fees.
(7) The following process shall apply to objections to SEQRA-related fees.
Within 15 days of the Town Clerk’s receipt of a timely objection, the
Town Supervisor will review the contested bill, consider the objection,
and prepare a written response to the applicant setting forth reasons
why the applicant’s claims are valid or invalid. The written response shall
include a determination of whether the fees, costs and expenses are
Adopted March 7, 2016 3
reasonable in amount and necessarily incurred by the Town, and whether
the amount to be paid out of the escrow fees should be adjusted
downward. The Town Clerk will notify the applicant in writing of the
Town Supervisor’s written decision within 5 days of the decision. The
Town Board will audit the bill (which shall reflect any downward
adjustments made by the Town Supervisor) pursuant to New York Town
Law §§ 118 and 119, and payment of the amount approved by the Town
Board shall be made out of the escrow fees. The appeal procedure for
SEQRA-related fees shall not interfere with or cause delay in the
environmental impact statement process or prohibit an action on the
application from being undertaken.
(8) For the purposes of this subsection D, a consultant’s fee or expense or
part thereof is reasonable in amount if it bears a reasonable relationship
to the customary fee or expense charged by consultants in the relevant
field within the region for services performed on behalf of municipalities
in connection with the type of application at issue. The Town Board (or
Town Supervisor, for SEQRA-related fee objections) may also take into
account any special conditions or circumstances that the Town Board or
Town Supervisor may deem relevant. An attorney’s fee or expense is
necessarily incurred if it was charged by the attorney for a service
associated with the application for rezoning which was rendered in order
to assure or assist in compliance with, or to draft, laws, regulations,
standards or codes which govern land use and development; to assure or
assist in the orderly development 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.
(9) If the Town Clerk does not receive a timely objection to a bill, the Town
Board shall review and audit the bill pursuant to New York Town Law §§
118 and 119 and shall authorize payment of the approved amount, which
payment shall be made out of the escrow fees.
(10) A positive escrow fee balance must be maintained as follows:
(a) for applications for rezoning to a Planned Development Zone,
until the local law accomplishing the rezoning becomes effective
and all associated legal bills have been paid;
(b) for all other types of applications, until the relevant board grants
final approval and all associated bills have been paid; and
Adopted March 7, 2016 4
(c) for applications where the Town is charging for SEQRA-related
fees, the portion of the escrow fee balance attributable to SEQRA-
related fees must remain positive until the lead agency accepts
the final environmental impact statement as complete and all
associated bills have been paid.
(11) The Town will notify the applicant if the escrow fees are depleted or are
reasonably expected to be depleted within a month, in which case the
following shall apply:
(a) For applications for rezoning to a Planned Development Zone, the
Town Board’s review of and actions related to the proposed
rezoning local law will stop until the escrow fee is replenished in a
reasonable amount as determined by the Town Board based on
the Town’s experience with legal work necessary to assist it with
applications for a rezoning to a Planned Development Zone;
(b) For all other applications, the applicant shall promptly replenish
the escrow fee in a reasonable amount as determined by the
Town official or board that has power to require payment or
specify the amount of an escrow fee, or if no official or board is so
identified in the Town Code, by the Town Planner. Where
allowed by law, the relevant official or board will stop its review
of and actions related to the application until the escrow fee is
replenished.
(12) All fees remaining in the trust and agency account related to a proposed
Planned Development Zone rezoning project shall be returned to the
applicant within 15 days after:
(a) the rezoning local law is effective, or after the Town Board makes
a final determination to deny the rezoning application, and all
associated legal bills have been paid; or
(b) the applicant notifies the Town Board in writing that it is
withdrawing its request for rezoning to a Planned Development
Zone, and all legal bills associated with its request have been paid.
(13) Except for SEQRA-related fees, all fees remaining in the trust and agency
account related to all other types of applications shall be returned to the
applicant within 15 days after:
(a) the relevant board grants final approval of, or denies, the
Adopted March 7, 2016 5
application, and all associated bills have been paid; or
(b) the applicant notifies the relevant board in writing that it is
withdrawing its application, and all associated bills have been
paid.
(14) For applications where the Town is charging for SEQRA-related fees, the
portion of the escrow fee balance attributable to SEQRA-related fees
shall be returned to the applicant within 15 days after the lead agency
accepts the final environmental impact statement as complete, and all
associated bills have been paid.”
Section 3. Partial Invalidity. In the event that any portion of this law is
declared invalid by a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
Section 4. Effective Date. This local law shall take effect immediately upon
its filing with the New York Secretary of State.
STATE OF NEW YORK
DEPARTMENT OF STATE
One Commerce Plaza Andrew M. Cuomo
.... GOVERNOR
-QQ Washington Avenue
^^^BANY, NY 12231-0001 ROSSANA ROSADO
/VW.DOS.NY.COV ACTING Secretary OF State
March 14, 2016
Debra DeAugistine
Deputy Town Clerk
215 N. Tloga Street
Ithaca NY 14850
RE: Town of Ithaca, Local Law 2 & 3 2016, filed on March 14, 2016
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.nv.aov. n
Sincerely,
State Records and Law Bureau
(518)473-2492
newyork
STATE OF
OPPORTUNITY.
Department
of State
Local Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
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Albany, NY 12231-0001
www.dos.state.ny.us/corps
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□County □City □Town □Village
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of Ithaca
Local Law No. 3 of the year 20^6
A local law Amending Chapter 153, Titled "Fees," to Add Escrow Fee Procedures and to Require
(Insert Title)Escrow Fees for Applications to Rezone to Planned Development Zone
Be It enacted by the Town Board of the
(Name of Legislative Body)
□County □city STown □Village
(Select one:)
of Ithaca as follows:
See attached.
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9A o\Paqe 2 of 4
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1. (Final adoption by local legislative body only.) ,
I hereby certify that the local law annexed hereto, deslQnated as local law No. 3 r,fon16
the (County)(Citv)(Town)fViliaaet of 'thaca 77 —^—
Town Board ^ was duly passed by the
(Name of Legislative Body) ~ in accordance with the applicable
provisions of law.
^ CmS Executive approval, no disapproval or repassage after disapproval by the Elective
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the (County)(City)(Town)(Village) of __ ^33 passeT^Tthe
(Name of Legislative Body) " (approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*) '
20| I I . in accordance w ith the applicable provisions of law.
-on 20
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lhe(County)(City)(Town)(Village)of was duly^d by the
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hrnnlt'rfh Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or if there
age,ortee.pe„.„o,a.oL„hin:S'rns
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§rk of the couftiy legislative body, City, Town or Village Clerk or
officer designed by Ibcal l^islative body
(Seal) Date:
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