HomeMy WebLinkAboutResolution 2024-928 Town.Hall.,53095 Main Road
DENIS NONCAR.ROW �k
TOWN CLERK P.O.Box 1179
at Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER w Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 21, 2024
Re: Resolution 2024-995 A Local Law
in Relation to Amendments to Chapter 280,
Technical Consultant Fee Reimbursement
Mr. James Rich, III, Chairman RECEIVIED
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179 6ii"U�Iold'Town
Southold,New York 11971 Planning Board
Dear Mr. Rich, III,
The Southold Town Board at their regular meeting held on November 19,2024 adopted the
resolution referenced above. A Certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to the proposed Local Law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. This proposed local
law will also be transmitted to the LWRP Coordinator for his review. The date and time for the
public hearing is 4:30 P.M., Tuesday,December 17, 2024 respectfully. Please do not hesitate
to contact me, if you have any questions. Thank you.
Very truly yours,
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
RESOLUTION 2 24-995
ANY f
ADOPTED DOC ID: 20811
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-995 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 19,2024:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September 2024, a Local Law entitled "A Local Law
in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" and
WHEREAS the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the
17th day of December, 2024 at 4:30 pm, at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in Relation to Amendments to Chapter 280,
Technical Consultant Fee Reimbursement" reads as follows:
LOCAL 'LAW NO. 2024
A Local Law entitled "A Local Law in Relation to Amendments to Chapter 280,Technical
Consultant Fee Reimbursement'
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The purpose of this local law is to allow for Reimbursement to the Town for
Technical Consultant Fees. This amendment is enacted by local law pursuant to the authority of
the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including
Town Law §§274-a, 276,277 and 278, does not directly authorize the Town, including the Town
Planning Board,to require reimbursement to the Town of reasonable and necessary legal,
engineering and other professional consulting fees, expenses and costs incurred by the Town in
connection with engineering, scientific, land use planning, environmental, legal or other similar
professional reviews/assessment/advice concerning the adequacy, procedural or substantive
aspects of applications or of the issues raised during the cost of review/consideration of such
applications, including for site plan approvals, subdivision approvals or for any other land use or
development permits or approvals required by the Town Planning Board. It is the express intent
of the Town to change and supersede such statutes to permit the same. Moreover, to the extent
that such statutes do not authorize the withholding of acceptance, issuance or approvals in the
event such fees, expenses and costs are not paid to the Town, it is the express intent of the Town
to supersede such laws to empower the"Town to require such payment as a condition to such
acceptance, issuance or approvals.
II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
Resolution 2024-995 Board Meeting of November 19, 2024
111. § 280-13 1. Review procedure,
N. Review by independent technical consultants:
(1) The Planning Board may determine that a referral to an independent
technical consultant(s) is deemed necessary to complete their review of an
application,with the technical consultants' fees to be reimbursed,ty the,
applicant. Any such consultant shall be erigaged in accordance with the
Town's Procurement Poliq
(2) Technical consultant fees ('or"Fees") are those reasonable and necLisary
le al engineering and other professional consulting fees,expenses and costs
incurred by the Town in connection with enginecring,scientific,land use
planning,environmental, legal or other similar pLofesgional
reviews/assessm ents/advi ce/sery ices concerning the adeguagy, 12roceduralor
substantive aspects or applications or issues addressed during the,course of
decision niakinp,/review/agi2 royal/ins pection function(s) of the Town
Planning'Board and rendered relative to and in connection with a_pAEgE!9a
application, including site plan approvals, subdivision approvals, or for any
other land use or developtneut vermits or approvals reguired L)y the Town.
(3) Reimbursement Process:
(a) Estimate of Costs: Upon determining the need for technical assistance,,
the:Planning Board shall provide the applicant with an estimate of the
costs for hiring the necessary consultants and experts.
(b) Del2osit: The applicant shall deposit,the estimated amount with the Town
Clerk prior t�o the commencement of the review.
(c) An escrow account for the apj2ficant shall be established with the'rown
Comptroller's office. Said escrow account shall be established adcar to the
Town's referral of the application to its consultant(s).Said escrow
account shall be funded by the applicant in an amount to be determined
by the Planning Board.The Planning,Board ma V suspend its review of
the application until an escrow account is established and funded.
(d) Withdrawals from said escrow account may be made from time to time to
reimburse the Planning Board for the cost of its consultant(s,')
professional review services actually incurred. Whenever the balance in
such escrow account is reduced to 1/4 of its initial amount,the PlInging
Board shall notifv the applicant; thereafter,the applicant shall qqp2sit
additional funds into such account so as to restore its balance to 1/2 of the
initial deposit or to such sum as deemed necessary by the Planning Board.
Ifstich account is not reWenished within 30 days after the applicant is
notified in writing of the i-equirenient for such additional deposit,the,
Planning board may suspend its review of the application.
(e) Adjustment: If the actual costs exceed the initial estimate,the applican
shall be responsible for the additional costs. Conversely, if the,actual costs
are less than the estimate,the remaining balance shall be refunded to the
applicant.
(f) The consultant(s)will work under the direction of the Town Pla!InLng
Director or designee. Conics of the consultant(s') qualifications,OL14jags,
and reports will be provided to the ajM!jcantu
(4) Failure to Reimburse Consultant Fees:
Updated: I 1/18/2024 11:56 AM by Lynda Rudder Page 2
Resolution 2024-995 Board Meeting of November 19, 2024
(a) Apl2lication avorovals shall not be issued unless the,applicant is in
compliance with this Chapter.
(b) There may be an instance,where Consultant Fees have been incurred
by the Town but not yet hilted to the anl2ficant,or where fees have
been hilled but are not yet past due L)v the al!glicant, but where the
�Planniny,Board is ready, for al!12roval of an aRplicafion.11n such case,
the Planning Board rnay condition a. proval on compliance with this
Chapter nrior to issuance of any,huilding permit associated with such
application.,
(c) In Addition to any other remedy herein or otherwise, should an
applicant or owner fail to reimburse Consultant Fees in accordance
with this C'hanter, reeardless as to whether the subjectapplication
was ultimately approved or othetivise, the Town mav seek recove!jr
thereof in a Court of competent jurisdiction.
IV. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, thejudgtnent shall not affect the validity of this law
as awhole or any Part thereof other than the part so decided to be unconstitUtiOrtal or invalid.
V. EFFECTIVE DATE
This Local Law shall apply to all new and pending applications, far site plan before the Southold
Town Planning Board and shall take effect immediately upon filing with the Secretary of State as
provided by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Doroski, Mealy, Smith,Knipski Jr,Doherty, Evans
Updated: I 1/18/2024 11:5 6 AM by Lynda Rudder Page 3
m MAILING ADDRESS:
OFFICE LOCATION: ��� �'°'
Town Hall Annex �� �' P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
�» Telephone: 631 765-1938
Southold, NY
www.southoldtownny.gov
vkC nit
,
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman
Members of the Planning Board
Date: November 6, 2024
Re: Planning Board Comments on"A Local Law in Relation to Reimbursement to the
Town of Technical Consultant Fees"
The Planning Board supports the amendments proposed as written. These amendments will shift
the cost of reviewing the larger and more complex development applications from the local
taxpayer to the project sponsor who benefits from the development.
The Planning Board appreciates the opportunity to comment on this local law. Please contact the
department with any questions.
cc: Paul DeChance, Town Attorney
l
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER .
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 25, 2024
Re: Resolution Number 2024-928
A Local Law in relation to Reimbursement
to the Town of Technical Fees
Mr. James Rich, III, Chairman RECEIVED
Southold Town 54375 State Routeanning Department OCT .. .... ..... ....M
25
Post Office Box 1179
9c&..Town
...
uti
Southold,New York 11971 Planning Board
Dear Mr. Rich, 1II,
The Southold Town Board at their regular meeting held on October 22, 2024, adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to the proposed Local Law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. This proposed local
law will also be transmitted to the LWRP Coordinator for his review. The date and time for the
public hearing is December 3 2024. Please do not hesitate to contact me, if you have any
questions. Thank you.
Very truly yours,
Lyda M Rudder
Southold Deputy Town Clerk
Enc
���.. outhold Town Board - Letter Board Meeting of October 22, 2024
RESOLUTION 2024-928 Item# 5.29
ADOPTED DOC ID: 20742
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-928 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 22, 2024:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 22°d day of October, 2024, a Local Law entitled "A Local Law in
Relation to Reimbursement to the Town of Technical Consultant Fees"; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearine, on the
aforesaid Local Law at the Southold Town Hall 53095 Main Road Southold New York
on the 3"" day of December, 2024 at: 7:00 .m. at which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in Relation to the Reimbursement to the
Town of Technical Consultant Fees and may also be referred to as the Technical
Consultant Fee Reimbursement Law." reads as follows:
LOCAL LAW NO. 2024
A Local Law in Relation to the Reimbursement of the Town Planning Board for Technical
Consultant Fees
BE IT ENACTED BY, the Town Board of the Town of Southold as Follows:
Section 1. AUTHORITY
This amendment is enacted by local law pursuant to the authority of the New York
Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law
§§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning
Board, to require reimbursement to the Town of reasonable and necessary legal, engineering and
other professional consulting fees, expenses and costs incurred by the Town in connection with
engineering, scientific, land use planning, environmental, legal or other similar professional
reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of
applications or of the issues raised during the cost of review/consideration of such applications,
including for site plan approvals, subdivision approvals or for any other land use or development
permits or approvals required by the Town Planning Board. It is the express intent of the Town
to change and supersede such statutes to permit the same. Moreover, to the extent that such
statutes do not authorize the withholding of acceptance, issuance or approvals in the event such
fees, expenses and costs are not paid to the Town, it is the express intent of the Town to
supersede such laws to empower the Town to require such payment as a condition to such
acceptance, issuance or approvals.
Generated October 23, 2024 Page 45
Southold Town Board - Letter Board Meeting of October 22, 2024
Section 2. TITLE
This law shall be known as and may be cited as Local Law No.____w__ 2024, to Amend
the Southold Town Code by adding provisions relating to the Reimbursement to the Town for
Consultant Fees and may also be referred to as the "Technical Consultant Fee Reimbursement
Law."
Section 3. LEGISLATIVE FINDING, PURPOSE AND INTENT
The Town Board hereby finds and determines that in order to ensure the proper
government, protection, order, conduct, safety, health and well-being of persons and property in
the Town, particularly with respect to certain land developments and projects within the Town, it
is necessary to obtain the reasonable and necessary counsel of legal, engineering, and other
professionals in connection with engineering, scientific, land use planning, environmental, legal
or other similar professional reviews/assessments/advice concerning the adequacy, procedural or
substantive aspects of applications, including for site plan approvals, subdivision approvals, or
for any other land use or development permits or approvals required by the Town Planning
Board. Such counsel ensures that conformity with all applicable governmental laws, codes, rules,
regulations and procedures, ensuring the proper and necessary government, protection, order,
conduct, safety, health and well-being of persons and property in the Town of Southold.
The cost of retaining such competent engineers, attorneys and other professional
consultants should primarily be paid by those who initiate and seek to benefit from such
developments, projects, rather than by general Town funds which are raised by assessments
and/or general taxes paid by the taxpayers of the Town.
Section 4. CODE AMENDMENTS
Article XXIV Site Plan Approval
280-131 Review Procedure
N. Review by ndeedgnt teclical c<° sult<tµt ;
(1) The Planning (3otrc rnav determine that a referral to an.independent technical consultant(sl is
deerned necg a towwcom late their review of a"aplicgion with !,lie
Ltechnical consultants'
fees be rr inibu sed 1,M the aI A kq .
2 Technical consultant leant fees oa "l ees""._are those reasonable and-nece.sA�.,_ —1.9
and c Flee ° a o�Lssional c-ti.sultitig fees, ex aenses and costs incurred by the .Town in,
connection with engineeri scientific land usewwlanning, environmental, legal or other
similar w__41rc)less canal revieWw:s//issessments advice/se—vic s._ onceri1itl,g_._w lie ,_ gdgc acy
tar<aecc ral c11 substantive c�cts or ?plications or issues cµldr es& -clmgjRg the co r se dal
decision making/review/a.,pproval/inspection function(�s of.the Town lat ramming Board and
rendered relative wwto and in connection with a particular applicationta, mlliwngsite Plan
pptQygl&, wsubdivision ap royal ol, g2 any other land use....°, c�eveIolz�ltggt .p rtt�itµs r
aptroyals ri gquir d by the Town.
(3) g1bur e,nient�Process:
[a] lwtirtt, t < 1" 'osts li ac1r dter� ni.�a„ tl _need for assistance the Platri11g
1 . ._ -.
Board shall ltividg. he qp icant with an_estimatew of the costs or_hiring, the
necessary,consultants and experts. -
Generated October 23, 2024 Page 46
Southold Town Board - Letter Board Meeting of October 22, 2024
[b] Qgpo,
;Lit: The ith...the Town Clerk prior
.................
to the commencement of the review.
[c] An escrow account fort p -1,Lq!Ls
is mljliq�jq� shall be established with the 'rown cowtpo
office. Said escrow account shall be established nrior to the Town's referral of the
..........
application to its consU Lt8nt(s). Sqid escrow account shall be funded by,,Lhg applicant
.account.......—-q— , _L
in an amount to be deteMiRgd b the. Planning Mannipg_Board may
y Board.
st awl
Imlication until an escrow account is established and
wits review of the
funded.
[d] Withdrawals from said escrow account
may ......
j2e made from time to time to reimburse
Plannin oard for the cost of its S�qijsulta
-the- ........
.;it e:Lional review services
�DVLQL 5ip-.—.
actually_ittcu`�°ed. Whenever the balance in such
scrow account is reduced to 1/4 of
its initial ignount, the 1"lanning...Board shall poLtify tj a?plicant
appl
icant shall deposit additioqgLfunds into such account so as to restore its balance
to 1/2 of the initial dep
osit or to the Planninv
such sung. cess as deemed ne -,AOL
Board. If such account is not replenished within 3 dqy Jhe al after Ijli q it is notified
in writing of the requirement for such additional deposit,,,the Platli i S B and m
§jLspend its review of the application.
[e] Ad Jhe p
justment: If the actual costs exceed the initial estimate _p,!icant shall be
.responsibl
e for the additional costs. Conversely ,, f theactual costs are less than the
gLtim tee remaini baIg ce shalLbe refunded to the applicant.
_,-a- —.--JpZ— _q ---�J_ .
[f] The consultant ,) 11 work under the direction of the Town Pla Liec
�5 �yL-- rini A�IiL
C consultant( ').qqalifi�ationsfiridings and reports �yflil b rQyLided to the
Mtqs�.pf the
qg Licant.,
(4) Failure to Reiniburse Consultant Fees:
[a] Avkli!cati-0-114011( a pIlli-
1W Is shall not be issued unless the a pj:�qa�qt.is in !�Qq knee, N�Litti
this .l�aptr.
[b] flrei.eoayw,be an instance where Consultant Fees have been inelnqd lay,,the Town but
Town
not y t billed to the applicant, or where fices haye been bilIgdJLqt are oG vet past due
y the ap icant,.but where the PlanniRig ,Board is read for a
,gy __pp�ovql of an
appl
ication. -,y
ption.,Jn such case I�t, nip condition... ,L oval on nriptiancq
1
with this Ch r to issuance of
'114 rip aiiy�bu�..perrnit associate(] with such
with...................I.this..�—V!��
application.
[c] In Addition to any other remedy herein or otherwise. should as applicant or owner,
fail to reimburse Consultant Fees in accordance, with this Chapter r to
whether the_Lubj�qqn was ultimately., 0-
J )plication, ,L ed oE. t
.1p Qv
seek recovery tliereofin a Court of cpnn�eL(� tjuLvjLlgtiqL
Section 5. APPLICATION
This local law shall apply to ALL [new and pending] applications for site plans in the
Town of Southold.
Section 6. VALIDITY AND SEVERABILITY
Should any word, section, clause, paragraph, sentence, part or provision of this local law
be declared invalid by a Court of competent jurisdiction, such determination shall not affect the
validity of any other part hereof.
Generated October 23, 2024 Page 47
Southold Town Board - Letter Board Meeting of October 22, 2024
Section 7. REPEAL, AMENDMENT AND SUPERSESSION OF OTHER LAWS
All other ordinances or local laws of the Town of Southold which are in conflict with the
provisions of this local law are hereby superseded or repealed to the extent necessary to give this
local law force and effect.
Section 8. EFFECTIVE DATE
This local law will take effect immediately upon the filing with the Secretary of State.
• ;��'t
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
Generated October 23, 2024 Page 48