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.