Wappinger City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 240-106 Zoning Administrator.
[Added 1-28-2013 by L.L. No. 6-2013[1]]
A.
Administration. The provisions of this chapter shall be administered and interpreted by the Zoning Administrator, the Deputy Zoning Administrator, the Municipal Code Enforcement Officer and such other persons as designated by the Town Board. In addition to the powers and duties as may be specified in other sections of the Town Code, the Zoning Administrator shall have the following powers and duties in the administration and enforcement of this chapter.
B.
Powers and duties.
(1)
The Zoning Administrator shall, consistent with the expressed statement of purposes of this chapter, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this chapter. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the Zoning Administrator's permanent public record. The Zoning Administrator is authorized to issue opinions and determinations on all written requests regarding the classification of uses and the interpretation and applicability of the provisions of this chapter. All such opinions and determinations shall be made within 30 days of receipt of the written request and shall be filed with the Town Clerk within five days of issuance, and a copy shall be given to the Town Board, Planning Board and Zoning Board of Appeals.
(2)
The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this chapter through review of permit applications, surveys and recordkeeping, enforcement against violations, and by other means.
(3)
In the performance of any prescribed duties, the Zoning Administrator and other staff members authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection, provided that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any building without the permission of the owner, owner's agent, tenant or mortgagee in possession, or without the written order of a court of competent jurisdiction.
(4)
The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this chapter for the purpose of recommending necessary changes to the Town Board.
C.
Public and common improvements.
[Added 3-11-2019 by L.L. No. 2-2019]
(1)
All improvements shown on the approved site plan, such as but not limited to street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, sanitary sewers and storm drains shall be completed in a manner prescribed by the Town of Wappinger Zoning chapter or other applicable law, ordinance, local law, rule or regulation. The Planning Board shall ascertain whether or not all such improvements are to be completed prior to endorsement by the Planning Board Chairman of the site plan or, in the alternative, whether a performance bond or other security sufficient to cover the full cost of such improvements in an amount acceptable to the Town Engineer shall be submitted to the Town by the applicant or owner of the land being developed in lieu thereof of such improvement as prescribed in Town Law § 274-a.
(2)
Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to a performance bond issued by a bonding or surety company; the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; an irrevocable letter of credit from a bank located and authorized to do business in this state; obligations of the United States of America; or any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.
(3)
No performance bond or other security tendered under the provisions hereof shall be deemed acceptable unless provision is made therein for the payment of a sum to be determined by the Town Board in the event of failure to complete said improvements, for compensation to the Town by the surety or other security of any attorney's fees incurred by the Town in the event legal proceedings are necessary to enforce the same, with a provision for increase in the sum stipulated for said security to be correlated to a cost of highway construction index as formulated by the Town of Wappinger, and authorization from a surety of the owner of applicant, in the event the surety bond is accepted, that all acts of the owner or applicant are deemed to be accepted by the surety and that no further notice to the surety is necessary with respect to any acts taken by its principal.
(4)
Any such performance bond or other security shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such security may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or if the Zoning Administrator and Town Engineer decide that the required improvements have been installed as provided in this section in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Zoning Administrator and Town Engineer may modify the requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
(5)
In the event that any required improvements have not been installed as provided in this section within the term of such performance bond or other security, the Town Board may thereupon declare said security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
D.
No clearing, tree felling, grubbing, grading or construction work shall be approved or take place on the land being developed until all of the following occur:
[Added 3-11-2019 by L.L. No. 2-2019]
(1)
Fulfillment of all applicable conditions by the applicant prerequisite to the Planning Board Chairman signing the resolution of site development plan approval a second time.
(2)
A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of the land being developed is filed with the Town.
(3)
A notice of intent (NOI) and a stormwater pollution prevention plan (SWPPP) have been approved by the Town, if applicable.
(4)
Applicable inspection fees and sufficient escrow have been submitted by the applicant or owner to the Town.
(5)
Erosion and sedimentation, wetland protection, and tree protection measures, as applicable, have been implemented to the satisfaction of the Town Building Department.
(6)
The applicant shall attend a pre-construction meeting with the Town Building Department.
§ 240-106.1 Enforcement.
A.
General provisions. No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceeding or revocation or nullification thereof.
B.
Enforcement agents. This chapter shall be enforced by the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any other person designated by the Town Board.
[Amended 8-18-2003 by L.L. No. 10-2003]
C.
Violations and penalties.
(1)
A violation of this chapter is hereby declared to be an offense, punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20GG of the Code for conviction of a first offense; for conviction of a second offense, both of which were committed within a five-year period, punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20GG of the Code or imprisonment for a period not to exceed 10 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a five-year period, punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20GG of the Code or imprisonment for a period not to exceed six months, or both. The fines set forth in Chapter 122, Article V, § 122-20GG of the Code regarding first violations of this chapter are meant to supersede the fines set forth in Town Law § 268(1) regarding first violations. Specifically, in Town Law § 268(1) regarding fines for first offenses of this chapter, it is the intent of the Town Board of the Town of Wappinger to add a provision for a minimum fine for a first offense, which is not provided for in Town Law § 268(1).
[Amended 9-24-2001 by L.L. No. 5-2001; 3-22-2004 by L.L. No. 5-2004]
(2)
Each week's continued violation shall constitute a separate additional violation.
(3)
Violations of the Zoning Law shall be deemed misdemeanors only for the purpose of conferring jurisdiction upon courts and judicial officers.
(4)
Any person, including any firm, corporation or other entity, owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent, agent or other person who shall violate any provision of this chapter or who shall violate any other regulation made under authority conferred thereby or who shall assist therein shall be guilty of an offense as set forth in § 268 of the Town Law and shall be liable upon conviction to a fine or imprisonment, or both, as provided herein.
D.
Additional remedies.
(1)
In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used or any land is divided into lots in violation of this chapter or any regulation made under authority conferred thereby, the Town Board or any Town officer designated by said Town Board or the Zoning Administrator, in addition to other lawful remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, repair, maintenance or use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever either the Building Inspector or the Zoning Administrator has reasonable grounds to believe that work on any building or structure or land or use thereof is being performed in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the application, plans or specifications on the basis of which a building permit or certificate of occupancy was issued or in an unsafe and dangerous manner, the Building Inspector or the Zoning Administrator shall notify the owner of the property, the owner's agent or the persons performing the work to suspend all building activities or uses specified in the stop order until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and may be served upon a person to whom it is directed either by delivering it personally or by posting the same upon a conspicuous portion of the building or premises and sending a copy of the same by registered mail.
(2)
In case of failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.
(3)
In any court proceedings involving this chapter, the latest assessment roll of the Town of Wappinger shall constitute prima facie proof of ownership.
§ 240-107 Zoning Board of Appeals.
A.
Continuance. The Board of Appeals heretofore established pursuant to the Town Law is hereby continued with all powers and duties prescribed by the Town Law and by this chapter.
B.
Powers and duties.
(1)
The Board of Appeals shall have all the powers and duties prescribed by the Town Law and by this chapter, which powers and duties are summarized and more particularly are specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by §§ 267, 267-a and 267-b of the Town Law:
(2)
The Board of Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made and to that end shall have all the powers of the Zoning Administrator or any other administrative official from whom the appeal is taken.
(a)
Interpretations. On appeal from an order, requirement, decision or determination made by an administrative official or on request from any official or agency of the Town, the Board of Appeals is authorized to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary lines, if uncertainty remains after reference to the rules specified in § 240-9.
(b)
Appeals and variances. Where there are difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, upon application by an appellant, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Notwithstanding the provisions of this section, including § 240-107B(2)(b)[3], the Zoning Board of Appeals is not authorized to grant a variance or variances with respect to any of the individual standards, requirements or criteria for special permit uses. Area variances associated with a special permit use shall only be applicable to the dimensional standards of the zoning district in which the property is located as set forth in the Schedule of Dimensional Regulations.[1]
[Amended 9-24-2001 by L.L. No. 5-2001]
[1]
Use variances.
[a]
Where because of unnecessary hardship relating to the land an applicant desires to utilize land for a use not allowed in the district in which the land is located, the Board may grant a variance in the application of the provisions of this chapter in the specific case, provided that as a condition to the grant of any such variance, the applicant shall demonstrate to the Board and the Board shall make each and every one of the following findings, that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[i]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[ii]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[iii]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[iv]
The alleged unnecessary hardship has not been self-created.
[b]
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for.
[2]
Area variances.
[a]
In making its determination on an application for an area variance, the Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[i]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
[ii]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.
[iii]
Whether the requested area variance is substantial in relation to the requirement.
[iv]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
[v]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.
[b]
The Board, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate to afford relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for.
[3]
Application for area variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations or where a proposed special permit use contains one or more features which do not comply with the zoning regulations or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to § 240-107B(2)(b)[2], without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.
[Amended 9-24-2001 by L.L. No. 5-2001]
[4]
Conditions and safeguards. The Board of Appeals, in the granting of both use variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be directly related or incidental to the proposed use of the property. Such conditions or restrictions shall be incorporated into any building permit and certificate of occupancy issued for the subject property. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit, a certificate of occupancy and for all other applicable remedies.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
C.
Procedure.
(1)
Meetings and minutes. All meetings of the Board of Appeals shall be open to the public. The presence of a majority of the members shall be necessary for a quorum. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question, or, if any member is absent or fails to vote, indicating that fact, and shall also keep records of its examination and other official actions. Every rule, determination, regulation, amendment or appeal thereof and every order, requirement and decision of the Board shall immediately be filed in the office of the Town Clerk and shall thereafter be a public record.
(2)
Time of appeal or application.
(a)
Appeals shall be taken within 60 days of the order, decision, interpretation or determination appealed from by filing with the administrative official or agency from whom the appeal is taken and the Board of Appeals a notice of appeal specifying the grounds thereof. A referral to the Board of Appeals for a variance or a request for an interpretation may be made at any time. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board.
(b)
Each appeal shall specify the provision of the Zoning Law involved, the relief sought from the Board and the grounds upon which it is claimed that the same should be granted. Affidavits of publication and service of notice by mail and such other data or information shall be submitted as the Board may deem necessary. The administrative official or agency from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record on which the action appealed from is taken.
(c)
An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, § 122-16N(5) of the Code. The Zoning Board of Appeals shall require the establishment of an escrow account deposit in accordance with § 240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application.
[Amended 3-8-2004 by L.L. No. 4-2004]
(3)
Referral to other agencies.
(a)
In reviewing an application for an area variance for a subdivision plat, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
(b)
The Board of Appeals shall, prior to the date of the required hearing, transmit a copy of the application, together with a copy of the notice of the public hearing to be held thereon, to the Town Board and the Planning Board. The Planning Board may submit to the Board of Appeals and advisory opinion on such application.
(c)
At least five days prior to the public hearing, the Board of Appeals shall refer to the Dutchess County Planning Board for its review and recommendation all matters within the provisions of § 239-m of the General Municipal Law.
(d)
The Board of Appeals may forward copies for review and report to the Zoning Administrator, Building Inspector, Town Engineer and to other such officials and agencies of the Town as it deems appropriate.
(4)
Public hearings.
[Amended 11-13-2019 by L.L. No. 6-2019]
(a)
The Board of Appeals shall fix a reasonable time for the hearing of the appeal, variance or other matters referred to it and shall give public notice thereof in the official paper of notice of such hearing at least five days prior to the date thereof, and the Board shall, at least five days before such hearing, mail notices thereof, or cause such notices to be mailed by the applicant, to all abutting and adjacent (across the street or road) property owners. Notification to said property owners, as identified by the Town, shall be by certified U.S. Mail, shall be postmarked within three days of the setting of the public hearing by the Zoning Board of Appeals, and shall include a copy of the legal notice prepared by the Town. Proof of mailing in the form of a list of said property owners and copies of the stamped certified mail receipts shall be submitted to the Zoning Board of Appeals prior to the public hearing. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant or appellant, as the case may be.
(b)
The applicant shall post the property with signage notifying the public of the public hearing. The posting shall be on signage provided by the Town. One sign shall be posted for each 100 feet of road frontage on all public roads abutting the property. When a property has more than 200 feet of road frontage, the board calling the public hearing shall determine the number and placement of the signs to be posted on the property. The postings shall be placed on the property at least 10 calendar days prior to the public hearing. If the public hearing is adjourned, the sign shall be revised to reflect the adjourned date within five days of the adjournment. An affidavit attesting to the date of the initial posting and any revised posting(s) shall be filed with the board calling the public hearing. The signage required herein shall be removed within five days of the close of the public hearing. An applicant shall not be deemed to have violated the requirement to maintain the signage if the signage is removed or destroyed by an unrelated party or a natural force and replaced within five calendar days. Failure to comply with this subsection shall not constitute grounds to invalidate any approval by the Zoning Board of Appeals.
(5)
Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 617 of the New York Code, Rules and Regulations (SEQR). Pursuant to § 617.5(c) of the SEQR regulations, the granting of individual setback and lot line variances and the granting of area variances for a one-family, two-family or three-family residence have been determined not to have a significant impact upon the environment and are not subject to review under SEQR.
(6)
Decision. The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be by resolution, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision was based. The decision of the Board shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy of such resolution shall be mailed to the applicant. A copy of the decision shall also be filed with the Planning Board, the Zoning Administrator and the Building Inspector.
(7)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested by persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
D.
Appeal to Supreme Court. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court of the State of New York for relief by a proceeding under Article 78 of the Civil Practice Law and Rules, as stated in § 267-c of the Town Law.
§ 240-108 Building permits.
[Amended 8-18-2003 by L.L. No. 10-2003; 3-8-2004 by L.L. No. 4-2004; 9-12-2016 by L.L. No. 5-2016]
B.
General rule. No building or structure shall be erected, constructed, enlarged, structurally altered or moved until a permit therefor has been issued by the Code Enforcement Officer. Except upon a written authorization of the Board of Appeals, no building permit or certificate of occupancy shall be issued for any building where said erection, construction, enlargement, addition, alteration or moving thereof would be in violation of any of the provisions of this chapter.
§ 240-108.1 Zoning permit.
[Added 3-11-2019 by L.L. No. 2-2019]
Although a building permit is not required, a zoning permit issued by the Zoning Administrator shall be required for the construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) without electric, heating or plumbing, which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters).
§ 240-109 Certificate of occupancy.
[Amended 3-8-2004 by L.L. No. 4-2004; 9-12-2016 by L.L. No. 5-2016]
B.
General rule. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued.
C.
Continued conformity required. A certificate of occupancy shall be deemed to authorize and is required for both initial, continued or changed occupancy and use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of the Zoning Law and other requirements of the Town of Wappinger Code.
D.
Existing structures. Upon written request from the owner and on payment to the Town of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16N, of the Code, the Zoning Administrator shall issue a certificate of zoning compliance for any building or premises existing at the time of enactment of Zoning in the Town of Wappinger, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of this chapter.
§ 240-110 Fees.
[Amended 4-22-2002 by L.L. No. 7-2002]
A.
Fee schedule and reimbursement of professional review fees
(2)
Reimbursement of professional review fees. The Town Board, the Planning Board, the Zoning Board of Appeals and the Building Inspector, in the review of any application presented to it, may refer such application to a planner, engineer, environmental expert, legal counsel and/or other professional as such board or agent shall deem reasonably necessary to assist it in the review of such application. The applicant shall reimburse the Town for the cost of such professional review services in accordance with § 240-110A(3)(a) herein concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this chapter or any other state or local law, ordinance or regulation.
(3)
Escrow account procedures.
[Amended 3-8-2004 by L.L. No. 4-2004; 1-8-2007 by L.L. No. 3-2007]
(a)
At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow amount, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount as set forth in Chapter 122, Article IV, § 122-16N(7) of the Code. It is the intent of these regulations to ensure that the applicant always has on deposit with the Town of Wappinger an adequate amount of funds to ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. Also see Chapter 240, Attachment 6.
(b)
In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act (SEQRA), all subsequent professional review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQRA. The applicant shall maintain the basic escrow account for the continued review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the professional review costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with § 240-110A(3)(a).
B.
Collection of fees. All required fees shall be collected by the Clerk or Secretary of the board or agent having jurisdiction over the application.
§ 240-111 Compliance with State Environmental Quality Review Act.
The Town Board, the Planning Board and the Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 617 of the New York Code, Rules and Regulations (SEQR).