§ 350-214 Prior Zoning Law of the Town.
This law repeals, supersedes and replaces Chapter
140, Zoning, of the Code of the Town of Milo that was adopted on November 1, 1974, as well as its subsequent amendments.
§ 350-215 Relationship to other standards.
The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted local rules, regulations, statutes or ordinances, the most restrictive thereof, or those imposing the highest standards, shall govern. However, nothing contained herein shall be deemed to limit the right to farm as set forth in Article 25-AA of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
§ 350-216 Responsibility of owners.
An owner shall be responsible for compliance with this chapter regardless of any agreement between or among agents, lessors, operators, occupants or persons as to which party shall be responsible.
§ 350-217 Assistance to the Code Enforcement Officer and/or designated approval authority.
The Code Enforcement Officer and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain the assistance from any Town department, agency or employee as may be deemed necessary and appropriate under the circumstances. Furthermore, the Code Enforcement Officer and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain the assistance from qualified consultants as may be deemed necessary and appropriate under the circumstances. The owner shall pay any expense incurred by the Town as it pertains to such assistance.
§ 350-218 Private agreements.
This chapter is not intended to annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.
§ 350-218.1 Payment of fees and incurred expenses.
No permit or certificate issued pursuant to this chapter shall be issued until all applicable fees and administrative costs have been paid to this Town.
§ 350-218.2 Fees.
An application fee in the amounts set forth in a Fee Schedule established from time to time by resolution of the Town Board shall be submitted with the application.
§ 350-218.3 Administrative costs and professional fees.
A. In addition to the fees required in this section, the owner shall reimburse the Town for administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) attributable to an application or the administration and/or enforcement of this chapter.
B. All administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) incurred by the Town in the review and processing of the applications shall be charged back to the owner as a fee related to the application submitted.
C. The Town may also require the owner to deposit a lump sum to retain any professional service providers (including, but not limited to, engineers, attorneys and surveyors), consultants and/or third-party agencies/inspectors the Town determines are necessary for its review of an application. If such sum is insufficient to fund the necessary consulting or inspection services, the Town may require additional deposits. Such payment(s) shall:
(1) Be deposited with the Town Clerk who shall establish a line item for this purpose. Expenditures from this line item may be made at the direction of the Town Clerk without further appropriation.
(2) Pay only for the expenditures rendered in connection with the project for which an application has been submitted by the owner.
(3) At the completion of the Town's review of a project, any excess amount in the line item attributable to the project shall be repaid to the owner. A final report of said line item shall be made available to the owner by the Town Clerk if requested.
D. In the event that the Town is required to refer for collection any outstanding administrative cost and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) for any reimbursement, the owner shall, in addition to the reimbursements, be obligated to pay a reasonable attorneys' fee and costs incident to any action commenced by the Town to collect such fees. Reasonable attorneys' fees shall also include any disbursements that may result from the commencement of litigation. Any owner shall be deemed to be in default of their obligation of fee reimbursement for their failure to remit said reimbursements within 30 days of notice to pay.
E. The Town may assess penalties at the rate of approved by the Town Board for delinquent reimbursements.
§ 350-218.4 Refunds.
Any payment of a fee or administrative cost to the Town is not refundable regardless if a permit or certificate has been issued pursuant to this chapter.
§ 350-219 Assessment.
The failure of the owner to pay any fee, expense incurred by the Town and/or penalty in connection with the administration and enforcement of this chapter shall be assessed against the lot of record that is subject to any action prescribed in this chapter and shall be levied and collected in the same manner as provided in the Town Law of the NYS, as currently in effect and as hereafter amended from time to time, for the levy and collection of Town taxes or special ad valorem levies.
§ 350-220 Intermunicipal agreements.
The Town Board may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any applicable law.
