Village of Colonie, NY Article II Forms; Fees

§ 199-6 Application form for review and approval of subdivision.

The application form for review and approval of a subdivision shall read as follows:

	(1)	Name and identifying title of subdivision:
	(2)	Name or agent of subdivider:
			Name:
			Address:
			Phone:
	(3)	Professional engineer/licensed land surveyor:
			Name:
			Address:
			Phone:
	(4)	Location of proposed subdivision:
	(5)	Names and addresses of abutting owners:
	(6)	General description of subdivision and estimated number of units:
		Number of acres: ____________
	(7)	We agree to comply with the village ordinances, subdivision regulations and Official Village Map as presently in force in the Village of Colonie:
		Signature of professional engineer or licensed land surveyor
		Signature of subdivider:
	(8)	Amount of fee accompanying this application:[1]
	(9)	The undersigned hereby requests review and approval by the Village of Colonie Planning Commission of the above-identified subdivision plat.
		Signature
		Title
		Date

[1] Editor's Note: The actual fees as set by resolution of the Board of Trustees from time to time do appear on the application form. (See Chapter A246, Fees.)

§ 199-7 Deposition of owner and/or developer.

The deposition of the owner and/or developer shall read as follows:

STATE OF NEW YORK COUNTY OF ALBANY VILLAGE OF COLONIE	ss::
______________________, being duly sworn, deposes and says that he is the owner and/or developer of the subdivision known as ______________________, which subdivision is herewith submitted to the Village Planning Commission of the Village of Colonie, New York, for its approval, pursuant to the Village Law of the State of New York and other statutes and ordinances in such cases made and provided.
That deponent has examined personally or has caused to be examined the records of the County of Albany relating to conveyances, deeds, wills, etc., and has examined the assessment roll of the Town of Colonie and the Village of Colonie and has inspected the premises shown upon the aforesaid development map.
Deponent states that, from his examination of the aforesaid records and to deponent's actual knowledge, the map or plan as submitted herewith is true and correct in every detail and correctly sets forth the owners of adjoining lands.
That this affidavit is made as an inducement to the Village of Colonie Planning Commission for approval of the aforesaid subdivision plat and is submitted at the public hearing held on the ________ day of _______________, 19 _____.
	_________________________________ Signature
Sworn to before me this ________ day of ____________, 19 ______
____________________ Notary

§ 199-8 Fees; waivers.

A. General. Pursuant to Article 7, §§ 7-728, 7-730 and 7-732, of the Village Law of the State of New York, the Village Board hereby establishes a fee schedule for the review, processing, approval and related expenses pertaining to those actions governed by this chapter. The fee elements embracing cost per acre, cost per lot and a cost reimbursement schedule for special studies, engineering reviews and observation of construction and payment of cash in lieu of land (if required by the Planning Commission) shall be established by the Board of Trustees from time to time.

B. Fee schedule.

(1) First Planning Commission appearance; presentation of the proposal and sketch plan, to be paid to the Village of Colonie prior to meeting with the Planning Commission: as set by resolution of the Board of Trustees from time to time.

(2) Preliminary plan review stage, to be paid to the Village of Colonie at the time of preliminary plan submission, prior to any review by the Village Planning Commission:

(a) Residential (three lots or fewer): as set by resolution of the Board of Trustees from time to time.

(b) Residential (more than three lots): as set by resolution of the Board of Trustees from time to time.

(c) Commercial (one acre or less): as set by resolution of the Board of Trustees from time to time.

(d) Commercial (more than one acre): as set by resolution of the Board of Trustees from time to time.

(3) Where it is deemed necessary by the Planning Commission or the Village Superintendent of Public Works that an analysis of proposed improvements is required, the subdivider or developer shall be required to furnish said analysis. The subdivider or developer shall also furnish any environmental impact statement, environmental assessment or traffic analysis required by the Planning Commission. The subdivider/developer may engage the services of any licensed professional engineer. Once the subdivider/developer engages his own engineer, the subdivider/developer shall remit to the Village of Colonie, in addition to the fees specified in Subsection B(2) above, a sum equal to the estimated costs associated with the review and evaluation of any required study; this sum shall be determined by the Board of Trustees. All funds for review and evaluation or for the actual conduct of studies remitted to the village which have not been exhausted at the time of final approval shall be refunded to the subdivider/developer. Should the funds remitted to the village be insufficient to defray the costs for which remitted, the subdivider/developer shall, within 30 days of notification of said fact by the Village Board, remit the required balance to the Village of Colonie.

(4) Final plan review stage.

(a) Residential.

[1] Three lots or fewer: as set by resolution of the Board of Trustees from time to time.

[2] More than three lots: as set by resolution of the Board of Trustees from time to time.

(b) Commercial/industrial.

[1] One acre or less: as set by resolution of the Board of Trustees from time to time.

[2] Over one acre: as set by resolution of the Board of Trustees from time to time.

(c) Utilities. For all waterlines, sewer lines and drainage facilities which the subdivider/developer contemplates dedicating to the village, said subdivider/developer shall have prepared, by a licensed professional engineer, detailed plans and specifications for said facilities. The subdivider/developer shall deposit with the village an amount equal to a percentage of the estimated cost of construction as estimated by the Planning Commission, with advisement from the Village Engineer. The percentage shall be set by the Board of Trustees from time to time. This deposit shall be in addition to the fees set forth above and any and all fees required for review of construction of said facilities by the village or its representatives. This deposit shall be used to reimburse the village for costs incurred by the village for review and analysis of the plans and specifications. Any unexpended funds will be refunded to the sub-divider/developer at the time of final approval. Should the funds remitted to the village be insufficient to cover said costs, the subdivider/developer shall, within 30 days of said notification by the Village Board, remit the required balance to the Village of Colonie.

(d) In addition to Subsections B(4)(a), (b) and (c) above, a deposit equal to a percentage of the construction value of the required improvements (construction value to be determined based upon public bid prices for similar construction, the most recent available prices governing) shall be made to reimburse the village for costs incurred resulting from the observation and review of the improvements by the village or its designee. The percentage shall be set by the Board of Trustees from time to time. Any funds remaining over and above the actual cost for observation and review of the improvements shall be refunded to the subdivider/developer. Should the amount of the deposit be insufficient to reimburse the village for said costs, the subdivider/developer shall deposit additional funds to cover said costs, as determined by the Village Board, prior to the issuance by the village of any certificate of completion or occupancy, etc.

(e) Where the Planning Commission has determined that a park is required but cannot be suitably located within the subdivision (see § 199-29C), the developer shall pay the amount established by the Board of Trustees as follows:

[1] Fifty percent of the fee for the entire subdivision or section receiving final approval as a condition of final approval.

[2] Fifty percent of the fee for each lot as a condition for issuance of a building permit.

C. Waivers. A developer may apply to the Planning Commission for a waiver of the above payment of money in lieu of land. Said application shall set forth the request, the reason(s) for said request and any supportive information deemed necessary to support the request to the Board of Trustees. Should the Board of Trustees determine that a hardship is created by the imposition of said payment, it may waive said payment and advise the Planning Commission.

[Amended 10-23-1995 by L.L. No. 4-1995]

D. The Planning Commission shall require, prior to final approval of any site, plot or plan and before a building permit is issued, a deposit with the Village Clerk of cash or letter of credit to insure that the individual, person, firm or corporation seeking approval will comply with all Planning Commission requirements and complete any approved project in such manner as approved by the Planning Commission. Such cash deposit or letter of credit shall not be less than $1,000 and shall be forfeited upon the violation of any Planning Commission directive or requirement. Such bond or deposit shall only be released by the Village Clerk in accordance with the provisions of § 199-35 or 199-38.