Town Considers Shifting Zoning Fees to Developers

The Yorktown Town Board is considering a bill that would shift some fees from the town to businesses applying for approval of property development projects. 

Supervisor Susan Siegel said that in reviewing a developer's request to build, the town zoning and planning committees have to determine the project's impact on the community by doing traffic and conservation studies and legal research. Occasionally, the town needs outside legal advice or other services that cost extra money, and those fees have fallen on taxpayers, she said.   

"The applicant is seeking approval for something they benefit from," Siegel said. "The fact is in any business there are costs and risks associated with it, and taxpayers shouldn't have to subsidize the cost of the application process."  

The board discussed the possible change to the master fee schedule at a hearing on Tuesday. Board member Terrence Murphy criticized the plan as anti-business.  

"You don't want to put more rules and regulations on these businesses when they're just trying to survive," said Murphy, who owns the Yorktown Health and Wellness Center and Murphy's Restaurant. 

Murphy said that as a businessman, "We've had enough fees. We've been 'feed' out."  

Councilman Jim Martorano agreed with Murphy, saying, "We're trying not to be an anti-business community."  

Siegel said that some additional costs are small flat fees of $25 to $50. Most of the larger fees are incurred in cases where the town needs to use outside legal counsel when the town attorney does not have the expertise in a specific area.  

"You can't anticipate what those costs are going to be," Siegel said.  

In the last two years, the town needed to use outside consultants in 57 cases. In most of those instances, the consultant fees were under $500, Siegel said. In two cases, costs exceeded $12,000 because the projects had significant legal issues to address.  From 2008, the town has paid $50,000 to outside consultants.

"Taxpayers are picking up that bill," Siegel said.  

Murphy said that kind of fee was too much for a business to absorb.

"I don't think I could have opened my business if that was the case," Murphy said. 

"I just don't think we want to give an open-ended checkbook to lawyers," he added.  

Siegel said the proposal would be amended to ensure businesses wouldn't have to pay exorbitant fees.

"We're going to closely monitor consultants," she said.  

After the bill is amended, the board would hold another public hearing.  

"No one wants runaway fees," Siegel said.