[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 3-15-2004 by L.L. No. 1-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 252.
The Village Board has found that recent private
growth and development in the Village has resulted, in certain specific
instances, in an unbalanced and excessive demand upon Village services
and/or facilities beyond the reasonable, customary and planned levels
of services or facility use ordinarily provided by the Village. The
extraordinary demands of such specific individuals, firms, or categories
of individuals or firms, has resulted or will result in an unbalanced
allocation of Village funds, to accommodate these extraordinary demands.
The Board finds, nonetheless, that the Village should afford its services
and facilities to all individuals, firms, or categories of individuals
or firms, when called upon even if such demands are excessive or unbalanced.
Accordingly, the Board has found that, to effect an equitable balancing
of the costs of providing for the needs or such individuals, firms,
or categories of individuals or firms, as compared to the general
entitlements of the average Village resident or firm, there should
be a fair assessment of a special fee, which shall be characterized
as an "Impact fee," where appropriate.
A.
Where it appears that an individual, firm, or category
of individuals or firms, is demanding or proposes to demand Village
services or use of Village facilities to an extent that such demand
is in excess of the average demand of individuals, firms, or category
of individuals or firms, within the Village, the Village Board will
make a factual determination as to whether such individual, firm,
or category of individuals or firms, causes or will cause an excessive
and unbalanced economic impact when compared to average demands.
B.
Where the Board's initial finding is that such
demands of an individual, firm, or category of individuals or firms,
is excessively unbalanced when compared to the average demands, the
Board will conduct a public hearing upon at least five days'
published public notice for the purpose of taking evidence as to the
extent of the demands upon Village services or Village facilities
of a specific individual, firm, or category of individuals or firms,
above the average demand.
C.
Upon a finding by the Board after a public hearing
that a specific individual, firm, or category of individuals or firms,
is demanding or will demand Village services or facilities to an excessive
and unbalanced extent, the Board will determine an equitable special
fee or fee structure, where required, to offset the excessive economic
impact of the demands of such individual, firm, or category of individuals
or firms.
Having determined that an impact fee, or an
impact fee structure, is required, the Board, by resolution, shall
set forth monetary amount of such fee or fee structure and shall provide
direction to the appropriate Village department, commission, or board
for the calculation and collection of such impact fee or fees.
[1]
Editor's Note: The Board of Trustees
of the Village on 11-20-2006 adopted a resolution to establish a parking
fund for the assessment of impact fees required when variances are
granted to the Code's minimum parking space requirements. A copy
of said resolution is on file in the Village's offices.
