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Home My WebLink AboutLocal Law Consultant Fees OFFICE LOCATION: MAILING ADDRESS: 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 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: November 4, 2024 ke: Local Waterfront Revitalization Coastal Consistency Review"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." A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees, which may also be referred to as the Technical Consultant Fee Reimbursement Law, was reviewed in Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided to this department, the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney OFFICE LOCATION: (fifi S0(/r� MAILING ADDRESS: Town Hall Annex ®� ®1 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) eaa Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov 100um PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: November 4, 2024 Re: A Local Law in relation to "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." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management"and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering ofpriorities that may affect the environment,- Please call me with any questions. Cc; Paul DeChance, Town Attorney DENIS NONCARROW =� G.y� Town Hall,53095 Main Road TOWN CLERK p - P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p � .F Fax(631)765-6145 MARRIAGE OFFICER �' RECORDS MANAGEMENT OFFICER ��,� .�� Telephone oldt 76 n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownnygov 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 Consultant Fees SvfyF MT- Mark Terry, LWRP Coordinator RECEIVED Southold Town Planning Department 54375 State Route 25 O C T 2 5 2024 Post Office Box 1179 Southold Town Southold,New York 11971 Planning Board Dear Mr. Terry, The Southold Town Board at their regular meeting held on Octob r 22, 2024, adopted the resolution referenced above. A certified copy is enclosed. Please prepare an o��.icial LVVRP,and S'EQRA re..oft 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 Southold Town Planning Department and to the Suffolk County Planning Department for their review. The date and time for the public hearing is em er,3;'2Q24, Please do not hesitate to contact me, if you have any questions. Thank you Very truly yours G�(�nda M Rudder Southold Deputy Town Clerk Enc SUFFP(g . ,4( Southold Town Board-Letter Board Meeting of October 22, 2024 D '"a ao.�d 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 hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of December, 2024 at 7:00 p.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 eownv ea oriablnand-neeessary Legal �engineeringrand other professional onsul ingzfees, expenses an d-eo�ts inc-.ur-red_b_y.-theTown-in=conneefiion=cvith`' "ngi r ee ing scientific land3use_planning,�environ n al;leg o other--siini-rar=p oofeggro'rial� tra iJe-vvs� sse srnen/advice concerting the adequacy:proc_esiura1:msubstanli.ve�dspeets of:'p appgations_or ofthe i_s tes-ra sed:-di_ing She cost-orevcncipl�s,fiew/ osida fsuap: t 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. 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. cost of retaining such competent engineers, attorneys and other professionM nsultle s should primarily be paid by those who initiate and seek to benefit from sue developments, projects, rather than by general Town funds which are raised by assessmen 4.d/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 independent technical consultants: (1) The Planning Board may determine that a referral to an independent technical consultant(, is deemed necessary to complete their review of an application, with the technical consultants' fees to be reimbursed b. t�pplicant. (2) Technical consultant fees (or "Fees") are those reasonable and necessar�le a 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/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection function(s) of the Town Planning Board and rendered relative to and in connection with a particular application including site plan approvals, subdivision approvals, or for any other land use or development permits or gpprovals required by 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. Generated October 23, 2024 Page 46 � l Southold Town Board- Letter Board Meeting of October 22, 2024 [b] Deposit: The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review. [c] An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded b t�pplicant in an amount to be determined by the Planning Board. The Planning Board may 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 Planning Board shall notify the applicant; thereafter, the qpplicant shall deposit 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. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement 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 applicant 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 amlicant. it T ohe consultants will work under the direction of th Town PlanningDirector! ies of the consultant(s') qualifications, findin s and re rts will be provided.to the ;applicant. (4) Failure to Reimburse Consultant Fees: [a] Application approvals 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 billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, the Planning Board may condition approval on compliance with this Chapter prior to issuance of any building permit associated with such gpplication. [c] In Addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse Consultant Fees in accordance with this Chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a Court of competent jurisdiction. 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 / • 1 1 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. �L ��(--1 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