[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.