[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery: Art. I, 4-21-1986 as Section 8 of L.L. No. 1-1986. Amendments noted where applicable.]
[Adopted 4-21-1986 by Section 8 of L.L. No. 1-1986]
A.
The Village of Montgomery incurs significant expenses
in the operation of the Planning Board, the Zoning Board of Appeals
and the office of the Building Inspector.
B.
These expenses include, but are not limited to, administrative,
legal and engineering costs.
C.
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.
D.
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,[1] 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.
E.
Engineering costs include review of plans at various
stages, analysis of public improvements, preparation of reports, design
analysis, inspection fees, preparation of improvement costs estimates,
examination of property descriptions, and miscellaneous services and
disbursements.
F.
When these expenses are occasioned in connection with
an appeal, application or petition made by an applicant to the Village
or an instrumentality of the Village, then it is proper and in the
public interest for the applicant to bear the cost of these expenses.
Unless otherwise specifically provided in this
Article or a subsequent resolution establishing fees, the fees required
pursuant to this Article shall be paid in advance upon submission
of an application, and the failure to submit the full payment required
shall render the application incomplete.
A.
The fees required pursuant to this Article may be
established by resolution of the Board of Trustees, and such resolution
may be modified from time to time. Any such resolution or modification
shall take effect after adoption and upon filing with the Village
Clerk and shall apply to all applications filed thereafter, including
pending applications.
B.
Except in the case of area variances, the fees established
pursuant to this Article shall be deemed to be minimum fees and any
additional expenses actually incurred by the Village for professional
consultations, hearing notices and other nonministerial expenses shall
be imposed on the applicant and paid 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
Zoning Board of Appeals matters:
Fees shall be established for the following
Planning Board matters:
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 earliest of the following: submission of a petition, if applicable;
prior to the endorsement of an approved subdivision plat or site plan;
the issuance of any building permit; or the filing of any applicable
local law with the Secretary of State.
B.
C.
If the administrative or other expenses of the Village
exceed the amount deposited pursuant to this Article, the balance
shall be paid by the applicant 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 Building Inspector:
Fees shall be established for freshwater wetlands
applications and/or permits.
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 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 environmental analysis is required
pursuant to the provisions of the State Environmental Quality Review
Act (SEQRA), or any local law implementing 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.
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 Article 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.
