[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 9-4-1991 by L.L. No. 1-1991;
amended in its entirety 6-1-2009 by L.L. No. 1-2009. Subsequent amendments
noted where applicable.]
A. The Board of Trustees may, from time to time, establish and amend
a schedule of fees, costs and deposits for such applications to the
Village, the Village Clerk, and the Village's boards, departments
and committees, as such Board may deem appropriate.
B. The Board of Trustees may, from time to time, establish and amend
a schedule of required insurance policies for such applications to
the Village, the Village Clerk and the Village's boards, departments
and committees, as such Board may deem appropriate. All such insurance,
unless otherwise provided by resolution of the Board of Trustees,
shall be issued by companies authorized to do business within the
State of New York.
C. No application to the Village, the Village Clerk or the Village's
boards, departments or committees shall be processed unless all of
the requisite fees, deposits and insurance coverage, if any, have
been provided. In the event that, at any time during an application
process an additional fee, deposit or insurance coverage is required,
the processing of such application shall be stopped until such additional
fee, deposit or insurance coverage is provided.
D. At the option of the Village Clerk, all fees and deposits shall be
paid by cash, bank check or certified check, payable to the order
of Village Clerk, Village of Roslyn Estates. Payments made other than
by cash, bank check or certified check shall be accepted subject to
collection, and the processing of the application for which such other
checks have been made may be stayed pending collection. In the event
that any check is not honored, for whatever reason, any fees or other
charges caused to the Village by virtue of such dishonor shall be
reimbursed to the Village as an additional application fee, and all
future payments by such applicant shall be accepted only if made by
cash, bank check or certified check.
E. Any fees and costs established or required to be paid pursuant to
this chapter or the fee schedule referred to herein that remain unpaid
for more than 90 days after they are due and billed shall bear interest
at the same rate as charged for delinquent real property taxes, and
such unpaid fees and costs, together with accumulated interest, shall
be assessed against the property which is the subject of the appeal
or application, which assessment shall be included in the next succeeding
annual bill for Village taxes for such property and shall become a
lien thereon when such taxes become a lien.
[Added 5-11-2015 by L.L.
No. 2-2015]
A. The Village Clerk, the Building Department, and every other official,
department, board and commission of the Village shall withhold the
processing of any application to the Village Clerk, the Building Department
and any such official, department, board or commission, if:
(1) The Building Inspector has determined that a violation of any provision
of the Village Code exists on or at the parcel of real property with
respect to which such application is made (the "subject property"),
or a summons or appearance ticket has been issued with regard to an
alleged violation of any provision of the Village Code on or at any
other parcel of real property within the Village owned by the owner
of such subject property or the applicant;
(2) Pursuant to §
184-12 of the Village Code, a replacement tree has not been planted at the subject property, or a replacement tree has not been planted by the applicant or the owner of the subject premises at any other property within the Village owned by such applicant or the owner of the subject premises, within the time period established by the Board of Trustees or the Architectural Review Board or their respective designees for such replacement; or
(3) Any fees, deposits, or other sums of money are due to the Village
either with regard to the subject property, or from the owner of the
subject property for any reason, or from the applicant, if the applicant
is not the owner of the subject property, for any reason.
B. The processing of an application shall include, but not be limited
to, the review of the application by the Village or its professionals;
the scheduling or holding of any hearings or other meetings; the rendering
of any decisions, other than, in the sole discretion of the chairperson
of such board or commission, or the superintendent of such department,
a denial of such application; the performing of any inspections; and
the issuing of any permits or certificates.
C. Any application for which processing is to be withheld pursuant to
the provisions of this section shall be deemed, for all intents and
purposes, to be incomplete until the Village Clerk, on behalf of such
official, department, board, or commission, receives written notice,
by certified mail, return receipt requested, or by personal delivery,
from the applicant that such violation has been cured and/or such
sums have been paid, and such notice is confirmed by the appropriate
Village officer or employee.
D. The foregoing prohibition shall not preclude the processing of any
application if:
(1) All of the sums due the Village have been paid and substantially
the sole purpose of the processing is to cure the violations or to
seek a variance from the Board of Appeals with regard to such violations;
or
(2) The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. The Board of Trustees shall consider, in determining whether or not to grant such a waiver, whether the applicant is acting in good faith and with due diligence to cure the violations, or whether application of this §
60-2 presents a hardship for the applicant or owner of the subject property, of the type, kind and scope required to be demonstrated by an applicant for a use variance before the Board of Appeals.