[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 6-13-1991 as L.L. No. 5-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Local Law No. 5 of the Year 1991, of the Village of Hammondsport." This legislation establishes various fees and costs, together with the responsibility for their payment, which are deemed necessary and proper for the cost-effective administration of those certain municipal functions enunciated herein.
The Village of Hammondsport, New York, incurs significant expenses in the operation of the Planning Board, the Zoning Board of Appeals and the Office of the Building Inspector and Zoning Officer. These expenses include but are not limited to administrative costs, legal costs and engineering costs. Henceforth, whenever these expenses shall be occasioned in connection with an appeal, application or petition made by an applicant to the village or an instrumentality of the village, then it shall be proper and in the public interest for the applicant to bear the cost of these expenses incurred in connection with such appeal, application or petition.
This chapter is thus enacted to effect and to implement the foregoing.
Costs for which the applicant is liable shall be as follows:
Administrative costs include but are not limited to processing applications, consultations among municipal officers and officials regarding the facts and circumstances of the application, preparation of hearing notices, publication of hearing notices, providing notice to other governmental agencies, preparation of affidavits of posting and publication, preparation and maintenance of official records regarding the application and municipal review of the application, testimony by municipal officials at public hearings, processing of resolutions and determinations, filing fees and miscellaneous services and disbursements.
Engineering costs include review of plans at various stages, analysis of public improvements, preparation of reports, design analysis, inspection fees, preparation of improvement cost estimates, examination of property descriptions and miscellaneous services and disbursements.
Legal costs include but are not limited to application review, review and analysis of applicable zoning law provisions, review and analysis of applicable subdivision regulations, preparation of hearing notices, attendance at meetings and public hearings, preparation of resolutions and determinations, preparation of SEQR determinations, review of bonds for public improvements, review of offers of dedication, review of easements, preparation and review of agreements, review of deeds and miscellaneous services and disbursements.
SEQR compliance. Whenever environmental analysis is required pursuant to the provisions of the State Environmental Quality Review Act (SEQRA) or any local law implementing the SEQRA, all expenses relating to the environmental analysis shall be borne by the applicant. Fees shall be established pursuant to a resolution of the Board of Trustees, in a manner consistent with Title 6 of NYCRR, Part 617.
The administrative fee for the particular matter shall be established by resolution of the Village Board of Trustees, and such resolution may, from time to time, be modified.
No action shall be taken by the Village Board, the Planning Board, the Zoning Board of Appeals or by any village official on any application or petition subject to the requirements of this chapter unless and until all fees and deposits required hereunder shall have been paid. Any failure/omission to submit the full payment required shall render the application/petition incomplete.
In addition to these fees as established from time to time by the Village Board, which shall be deemed to be minimum fees, any additional expenses actually incurred by the village for professional consultations, including legal and engineering fees and disbursements as well as the full amount of all nonministerial costs and expenses which it has incurred, shall be imposed on the applicant or petitioner and paid in full.
Legal and engineering fees shall be determined in a manner consistent with the fees charged for these respective services which are then prevailing in the general area of the community. Disbursements chargeable to the applicant shall be those actually, necessarily or reasonably incurred by these professionals in connection with the particular application, petition or appeal under consideration.
The Village Board of Trustees shall establish the fees required for its administrative costs hereinabove defined as well as for those particular municipal services, functions and activities hereinafter set forth. These fees shall be established by resolution of the Village Board of Trustees, and such resolution may be modified from time to time. Any resolution or modification thereof shall take effect after adoption and upon filing with the Village Clerk and shall be applicable to all pending applications as well as to applications filed thereafter. All fees paid hereunder shall be nonrefundable.
Fees shall be established for the following Planning Board matters:
Whenever, in connection with an application or petition, a local law is necessary or appropriate to implement the benefit or relief sought or to regulate conditions occasioned by the granting of an approval or approvals, the total actual expenses incurred by the village in connection with the preparation and consideration of a proposed local law shall be borne by the applicant. The minimum fees established by resolution shall be paid by the applicant upon the earlier of submission of a petition, if applicable, or prior to the endorsement of an approved subdivision plat or site plan or the issuance of any building permit or the filing of any applicable local law with the Secretary of State.
Fees shall be established for the following:
A local law relative to a change in zoning classification.
A local law relative to annexation of lands to the village.
Miscellaneous local laws, including stop sign, speed limit and parking local laws considered in connection with site plans, subdivisions and zoning amendments (other than zone changes).
If the administrative or other expenses of the village exceed the amount deposited pursuant to this section, the balance shall be paid by the applicant or petitioner prior to the endorsement of any subdivision plat or site plan or the issuance of any building permit or the filing of any applicable local law with the Secretary of State.
Fees shall be established for the following activities of the Zoning Officer and Building Inspector:
Whenever an extension is necessary to prevent an approval from lapsing or becoming otherwise void, the first such request for an extension shall be processed at no charge, and the second and each subsequent request for an extension shall be processed only upon prior payment of fees established by resolution of the Village Board of Trustees.
No abatement of fees shall be granted as a result of an applicant seeking more than one approval or submitting more than one application in connection with a particular project.
Whenever an application is submitted to amend an approved plan or permit, it shall be deemed a new application, and the fees specified pursuant to this section shall apply; provided, however, that in the case of an amendment to a subdivision plat, the fees shall be based on the number of lots modified or affected by the amendment, and provided further that in no event shall the fees due on a subdivision amendment application be less than the minimum provided for a minor or major subdivision, respectively.
The provisions of this chapter shall repeal and supersede all prior requirements for fees and deposits applicable to the matters and applications set forth herein.
Those fees previously established by local laws enacted or ordinances adopted prior to and inconsistent with this chapter are hereby repealed.