[HISTORY: Adopted by the Board of Trustees
of the Village of Kiryas Joel as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-5-2002 by L.L. No. 4-2002[1]]
[1]
Editor's Note: This local law was originally
adopted as Ch. 94, but was renumbered to fit into the organizational
structure of the Code.
A.
A schedule of planning, zoning and building application
fees shall be set by resolution of the Village Board from time to
time. All application fees in effect at the time of adoption of this
article shall remain in effect unless and until such application fees
are modified by resolution of the Village Board.
B.
Except as otherwise provided in § 74-2, the application fees established pursuant to Subsection A above shall be deemed to be the minimum fees, and any additional costs and expenses actually incurred by the Village for professional consultants, inspections and other non-ministerial expenses shall be paid by the applicant in accordance with § 74-2 and other laws, provisions, regulations and codes of the Village.
C.
All reimbursement payments required by § 74-2 shall be in addition to any application, inspection or other fees as may be required by § 74-1 or by any other laws, provisions, regulations or codes of the Village and shall not be used to offset the Village's general expenses of engineering, legal and planning services for the several boards of the Village nor offset the Village's general administrative expenses.
D.
Any fee established elsewhere in this Code which is
not inconsistent with a fee established pursuant to this article shall
remain effective.
E.
This article and the schedule of application and other
fees shall be filed with the Village Clerk. The failure to file any
fee amount with the Village Clerk shall not affect the validity of
the fee or the obligation to pay such fee.
A.
Reimbursement required. The applicant for approval of any land use or land development shall reimburse the Village for all of the Village's reasonable and necessary engineering, legal and planning fees and expenses incurred by the Village in connection with the review and/or approval of the application. Said fees and expenses are deemed application fees. Reimbursement shall be made in accordance with Subsection C of this section. For the purposes of this article, the term "land use or development" shall include, but not be limited to, a subdivision, open development area, site plan, special permit, conditional use, variance, interpretation, appeal to the Zoning Board of Appeals, or zoning amendment; any modification or amendment of the foregoing; and compliance with the State Environmental Quality Review Act (SEQR).
B.
Exceptions. The following land use and development
applications are excepted from the application of this article:
(1)
SEQR review fees shall be governed by § 617.13
of the state SEQR regulations.
C.
Payment of fees and expenses.
(1)
The Village's engineering, legal and/or planning consultant
who render services pertaining to a land use or development application
shall submit monthly itemized vouchers to the Village Board reasonably
setting forth the services performed and amounts charged for such
services.
(2)
The Village Board shall review and audit all such
vouchers and shall determine, in its discretion, the engineering,
legal and planning fees which are reasonable in amount and necessarily
incurred by the Village in connection with the review and/or approval
of the land use or development application.
(a)
A fee or expense or part thereof is reasonable
in amount if it bears a reasonable relationship to the customary fee
charged by engineers, attorneys or planners within the region for
services performed on behalf of applicants or reviewing boards in
connection with applications for land use or development. The Village
Board may also take into account any special conditions for considerations
as the Village Board may deem relevant.
(b)
A fee and expense or part thereof is necessarily
incurred if it was charged by the engineer, attorney or planner for
a service which was rendered in order to protect or promote the health,
safety or welfare of the Village or its residents; to protect public
or private property or the environment from potential damage which
otherwise may be caused by the proposed land use or development; to
assure or assist in compliance with laws, regulations, standards or
codes which govern land use and development; to assure or assist in
the orderly development and sound planning of a land use or development;
to assure the proper and timely construction of public improvements,
parks and other facilities which affect the public welfare; to protect
the legal interests of the Village; to avoid claims against and liability
of the Village; or to promote such other interests that the Village
Board may specify as relevant.
(3)
After review and audit of such voucher by the Village
Board, the Board shall provide to the applicant an abstract of the
voucher, as audited. The applicant shall pay the total fees and expenses
determined reasonable and necessary by the Board within 30 days after
mailing or other delivery of the voucher to the applicant. If the
applicant fails to pay the full amount due within the time prescribed,
the reviewing board or agency may refuse (i) to further review or
consider an application; (ii) to hold a public hearing otherwise required
or take any other action in furtherance of the application; (iii)
to render a decision on the application and or refuse to issue a building
permit or certificate of occupancy. All time frames for taking board
or agency action, holding a public hearing or rendering any other
determination related to the application, including time frames which
may relate to a default approval, if any, shall be tolled until such
time as the applicant pays the full amount due.
(4)
Notwithstanding the thirty-day time period prescribed
herein, all reasonable and necessary fees and expenses incurred by
the Village with respect to the application shall be paid to the Village
either prior to the Board's decision or as a condition of approval.
The determination as to the time of such full payment shall be made
by the reviewing board. In any event, all fees must be paid prior
to issuance of a final certificate of occupancy.
(5)
The reviewing board or agency may require an initial
sum of money for deposit with the Village, which monies shall be drawn
down by the Village to reimburse the Village for the fees and expenses
it incurs. The Village shall keep a record of the name of the applicant
and project and of all such monies deposited and withdrawn. Monthly
vouchers submitted by the Village's engineer, attorney, and/or planner
shall be reviewed and audited by the Village Board and provided to
the applicant, and the applicant may appeal said audited amount as
provided herein. If at any time during the application review process
it reasonably appears to the Village Mayor that the remaining monies
on deposit will be insufficient to meet anticipated additional fees
and expenses, the applicant shall deposit additional monies in the
account to meet such anticipated fees and expenses.
(6)
The fees and expenses due and payable under this article
shall be a lien against the real property which was the subject of
the review. If not promptly paid by the applicant, such fees and expenses
shall be placed on a quarterly bill against such property, together
with such other charges which may be payable. In the event such charges
are not paid, the fees and expenses may be relevied on the real property
tax bills payable with respect to such properties.
D.
Appeals. An applicant may appeal in writing to the Village Board for a reduction in the required reimbursement amount. An appeal must be filed with the Village Board no later than 30 days after mailing or other delivery to the applicant of the contested voucher. Upon such appeal, the Village Board, in its discretion, may determine that an applicant is not required to reimburse the Village for that part of an engineering, legal or planning fee incurred by the Village for services performed in connection with an application matter for which the Village Board determines the applicant bears no responsibility and which was beyond the reasonable control of the applicant. The Village Board shall endeavor to make its decision no later than 45 days after receipt of the applicant's appeal. An appeal shall not affect the reviewing board's authority under Subsection C(3) above to refuse to take action due to nonpayment. An applicant may pay the full amount due without waiving its right to appeal.
[Adopted 1-7-2022 by L.L. No. 1-2022]
Definitions under General Municipal Law §§ 5
and 5-b for "terms of credit," "card issuer" or "financing agency"
are hereby incorporated by reference.
A.
The Board
of Trustees hereby authorizes the Village of Kiryas Joel to accept
the payment of fines, penalties, surcharges and fees by credit card.
B.
All such
transactions shall provide that the person making payment by credit
card must process two transactions, one for the fine, penalties, surcharges
for the Court and one for the fee to process the transaction. The
transaction is not considered complete until the credit card has been
credited for both.
C.
Electronic
payment to the Village. The Village Clerk's office is authorized to
collect civil penalties, taxes, fees, charges, special assessments,
including penalties and interest by means of electronic payment via
the internet; provided, however, that the internet is not the sole
method of payment. Such internet payments must comply with State Technology
Law Article 3 and, at a minimum, authenticate the identity of the
sender and insure the security of the information transmitted.
Payments by credit card or by electronic means shall be considered
conditional and will not be considered final until the underlying
obligation is satisfied. Payment shall be considered received at the
time the transaction is completed and sent.
Any payment by credit card and/or by electronic means over the
internet shall require the Village to provide a confirmation of such
payment, which will include the transaction date, the amount paid
and a confirmation number.
