Chapter 21: Engineering Cost Recovery

This chapter shall be known and may be cited as the "Engineering Cost Recovery Law."

The City of Batavia, under the authority of §§ 10 and 11 of the Municipal Home Rule Law of the State of New York, hereby enacts this chapter.

This chapter shall apply within the jurisdiction of the City of Batavia.

§ 21-2 Findings and purpose.

The City Council makes the following findings:

The City of Batavia Master Plan and local laws and ordinances previously adopted by the City of Batavia require an engineering review by the City's Engineer or consulting engineers prior to approval of certain permits and authorizations.

The City has further established, through local legislation, a process of approval for site plan review for and including the dedication of roads, easements and procedure for drainage, water and sewage facilities and the rezoning of property for the benefit of applicants for such improvements.

Existing revenue sources are not sufficient to fund engineering costs for such developments and improvements, and such development should contribute its fair share of the costs attributable to the specific improvement, project, site or plan being proposed.

The engineering cost recovery fee shall be set at a rate which is fair and just to the applicant and does not represent a means to correct deficiencies in the City's current budget for planning.

The engineering recovery fee shall pay the costs of engineering for the City and SEQR review, as allowed by the cost recovery purposes of the SEQR regulations.

§ 21-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CITY COUNCIL

The City Council for the City of Batavia.

CITY PUBLIC WORKS ENGINEER

Whenever the terms "engineer," "engineering," "City Engineer," "Engineer of Record" or "consulting engineers" are used in this chapter or its amendments, those terms shall be defined as including the City Public Works Engineer, whose hourly reimbursement for cost recovery shall be established from time to time by resolution of the City Council.

CONSULTING ENGINEER OR ENGINEERING FIRM

A duly licensed firm, under contract with the City of Batavia, to perform engineering and/or land surveying.

COUNCIL

The City Council and any duly constituted board authorized by City Law of the State of New York.

ENGINEER or ENGINEERING

The practice or profession of a licensed professional engineer in performing the following: consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities structures, sites, buildings, machines, equipment, processes, works or projects wherein the safeguarding of life, health and property is concerned, when such work requires the application of engineering principles and data.

IMPROVEMENT

The alteration of land; the construction of a structure or utility, either public or private; the laying out of a subdivision, plat or parcel as defined by City local law; the construction of a road, curb, sewer line, waterline, drainage facility, landfill, sidewalk or other activity authorized by City local laws.

LAND SURVEYOR

The branch of the engineering profession and applied mathematics which includes the measuring and plotting of the dimensions and areas of any portion of the earth, currently licensed by the State of New York.

PERSON

An individual, a corporation, a partnership or firm.

SEQR

The implementing regulations of the State Environmental Quality Review Act (New York State Environmental Conservation Law § 8-0111), as set forth under Title 6 of the New York Compilation of Rules and Regulations (6 NYCRR 617), which provide for incorporating environmental review within the decision making of any agency of any governmental unit in the State of New York.

SQUARE FOOT or SF

Refers to gross square feet, the sum of enclosed areas on all floors of a building or structure, including areas used for storage or access above or below grade, including lobbies, stairways, porches, balconies and garages.

§ 21-4 Reimbursement fee and deposit; SEQR review fee.

Any person who applies to the City of Batavia or its duly constituted boards for the issuance of any permit, recommendation, rezoning, approval and review shall be required to pay a fee in the manner as set forth in this chapter for each improvement proposed.

No approval, permit, recommendation or review shall be processed until the required deposit is paid to the Engineering Department.

Such fee shall be in addition to all other fees required by law.

§ 21-5 Deposit and fee schedule.

Type of Zoning Class	Fee Required	Engineering Reimbursement Fee Deposit
Residential (R-1, R-2, R-3, R-IA)	As determined by Building Department	$500 per lot or living unit
Commercial (C-I, C-2, C-3)	All cases	$2,500 per building or structure
Industrial District (I-1, I-2, I-3)	All cases	$2,500 per building or structure
Planned Development Districts (P-1, P-2, P-3, P-4)	All cases	$2,500 per building or structure

§ 21-6 Additional fees.

In addition to the engineering deposit and fee schedule of § 21-5 of this chapter, where the City incurs additional engineering, administrative and legal costs pursuant to the State Environmental Quality Review Act, the City shall recover the actual costs for preparing or reviewing all EIS or DEIS, including costs for scoping, when the City is the lead agency and requires a DEIS or EIS.

The fee for nonresidential construction projects shall not exceed 1/2% of the total project cost. The total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and materials as determined with reference to a current construction cost data publication in common usage, such as "Building Construction Cost Data" by Means. All costs shall include any legal expenses, engineering and administrative costs according to contract that are incurred by the City.

The fee for residential projects shall not exceed 2% of the total cost, as estimated by the developer and verified by the City. The total cost shall be the cost of land, plus the cost of all site improvements required, not including the cost of buildings and structures.

§ 21-7 Trust account; return of excess deposit.

The fee paid hereunder shall be deposited in a trust account in the name of the City of Batavia.

The applicant or person paying the fee shall be entitled to the same rate of interest on the excess fees that are paid and returned hereunder, if any, as is earned by the City on the trust account.

Procedure upon completion.

(1)

Within 120 days of final action by the City or board(s) or the issuance of a certificate of occupancy, whichever is later, on an application for the improvement or SEQR review, the Engineering Department shall report to the City Manager the actual cost to the City for engineering.

(2)

The City Manager shall determine whether the City costs exceed the total engineering fee charged. If the fee paid by the City to its consulting engineers exceeds the fee paid by the applicant, the moneys deposited shall become the property of the City of Batavia.

(3)

In the event that the deposit paid by the developer is more than the actual amount paid by the City to its consulting engineers or its attorney, then the excess shall be returned with interest, as provided above. SEQR review fees shall be billed to the applicant and paid prior to approval.

§ 21-8 Segregation of City costs.

In no event shall the City charge against or utilize a fee paid hereunder for deficiencies in City-owned improvements, routine maintenance or matters not directly related to the engineering cost for the specific improvement proposed.