[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.
A.
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.
B.
This chapter is thus enacted to effect and to implement
the foregoing.
Costs for which the applicant is liable shall
be as follows:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
Fees shall be established for the following:
(1)
A local law relative to a change in zoning classification.
(2)
A local law relative to annexation of lands to the
village.
(3)
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).
C.
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.
A.
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.
B.
Those fees previously established by local laws enacted
or ordinances adopted prior to and inconsistent with this chapter
are hereby repealed.
