[Added 1-13-1992 by L.L. No. 1-1992[2]]
[2]
Editor's Note: This local law also provided
that: "This local law is intended to provide an additional funding
mechanism for water and sewer capital improvements consistent with
constitutional constraints on such exactions. The Board of Trustees
intends that this local law shall supersede any inconsistent provisions
of the Village Law of the State of New York."
The Board of Trustees is hereby empowered to
establish, and from time to time revise, by resolution, charges of
the following categories:
Moneys received by the Village attributable
to the charges herein shall be held in trust for the purpose of mitigating
the capital facility needs resulting from new construction. Moneys
shall be utilized for the purpose of providing capital improvements
which increase the capacity of sewer systems in compliance with all
statutory, regulatory and permit requirements. The moneys shall not
be used for operations and maintenance. The Board of Trustees shall
establish from time to time such capital reserve funds and/or trust
and agency funds as necessary and appropriate to effectuate the purpose
of this article.
No new residential, commercial or industrial
unit shall connect to or change the use of the connection to the Village
wastewater treatment system until all charges attendant thereto have
been paid.
A.
The Board of Trustees shall annually, in conjunction
with the adoption of the budget, review the charges, capital improvement
program and capital reserve accounts. The purpose of such review shall
be:
(1)
To determine whether charges are adequate and sufficient
to mitigate anticipated needs without being burdensome or in excess
of the fair share of costs attributable to new development and to
revise such charges as the Board of Trustees shall deem advisable.
(2)
To consider a refund of charges moneys where capital
improvement goals have been met without the exhaustion of such moneys.
Completion of a phase or portion of a capital improvement program
shall not mandate the refund of moneys where program goals remain
to be accomplished and such funds will be utilized for such purposes.
(3)
To consider the refund of fee moneys which have been
allocated for a particular capital improvement within three years
of payment. Moneys shall be deemed allocated to a particular project
when so designated by the Board of Trustees and the state environmental
quality review process prerequisite to the implementation of such
improvements has commenced.
B.
The Board of Trustees is hereby empowered to establish
an administrative mechanism for the refund of impact fees when such
fees have not been found necessary for the funding of capital improvements.
Such refunds shall be fairly allocated.
