The City Council makes the following findings:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.