[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 9-26-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
A.
The Village Board of Trustees hereby finds and determines that in
order to protect and safeguard the the Village of Solvay, its residents
and their property with respect to certain land developments and projects
with the village, all buildings and related improvements, highways,
drainage facilities, utilities and parks within developments and projects
should be designed and constructed in a competent and worker-like
manner and in conformity with all applicable governmental codes, rules
and regulations and should be dedicated and conveyed to the village
in a legally sufficient manner. To assure the foregoing, it is essential
for the village to have and to retain competent engineers and other
professional consultants to review and approve plans and designs,
make recommendations to the Village Board of Trustees, Planning Commission
and Zoning Board of Appeals, inspect the construction of highways,
drainage facilities, utilities and parks to be dedicated to the village
and to recommend their acceptance by the village and for the village
to have and retain competent attorneys to assist in the application
review process, to negotiate and draft appropriate agreements with
developers, to obtain, review and approve necessary securities, insurance
and other legal documents, to review proposed deeds and easements
to assure that the village is obtaining good and proper title, to
render legal opinions and to generally represent the village with
respect to any legal disputes and issues which may arise regarding
such developments and projects. The cost of retaining such competent
engineers, attorneys and other professional consultants should ultimately
be paid by those who seek to benefit from such developments and projects,
including variances, site plan approvals, special permits, rather
than by general village funds which are raised by assessments and/or
general taxes paid by taxpayers of the village.
B.
This chapter is enacted under the authority of Municipal Home Rule
Law § 10, Subdivision 1(ii)(a)(12) and (d)(3) and the Municipal
Home Rule Law § 22. To the extent that Village Law §§ 7-712-a,
7-725-b; 7-728, 7-730 and 7-732 do not authorize the Village Board,
Village Planning Commission and/or the Village Zoning Board of Appeals
to require reimbursement to the village of legal, engineering and
other professional consulting fees, expenses and costs incurred by
the village in connection with the review and consideration of applications
for subdivision approval, for the approval, amendment or extension
of a district and for the review and consideration of applications
for variances, site plans and special permits under the Code, it is
the expressed intent of the Village Board to change and supersede
such statutes. More particularly, to the extent that such statutes
do not authorize the deferral or withholding of such consideration,
review, acceptance or approvals in the event that such fees, expenses
and costs are not paid to the village, it is the expressed intent
of the Village Board of Trustees to change and supersede said Village
Law provisions and to empower the village to require such payment
as a condition to such consideration, review, acceptance or approvals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Village
of Solvay Planning Commission, Zoning Board of Appeals or Village
Board of Trustees to approve a subdivision and/or to grant an application
for a variance, a site plan or a special permit.
The Code of the Village of Solvay.
Comptroller of the Village of Solvay.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which constructs or proposes
to construct one or more highways, drainage facilities, utilities
or parks within or in conjunction with a development with the intent
to convey or dedicate the same to the village, or requests the village
to create a district or requests the village to approve an application
for a subdivision, variance, site plan or special permit.
Includes, but is not limited to, a subdivision or a district.
Any special district under the Village Law.
All surface water drainage facilities, including but not
limited to detention and retention basins, storm sewers and their
appurtenances, drainage swales and ditches and easements through or
over which such facilities may be constructed or installed within
or in conjunction with a development.
Includes, but is not limited to, a street, avenue, road,
square, place, alley, lane, boulevard, concourse, parkway, driveway,
overpass or underpass and also includes all items appurtenant thereto,
including but not limited to bridges, culverts, ditches, shoulders
and sidewalks, within or in conjunction with a development.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
The Planning Commission of the Village of Solvay.
A subdivision of land as defined in the code of the Village
Law.
All water, sanitary sewer, gas, electric, telephone and cable
television facilities and any easements through or over which said
facilities may be constructed or installed within or in conjunction
with a development.
The Village of Solvay.
The Village Board of Trustees of the Village of Solvay.
The Zoning Board of Appeals of the Village of Solvay.
A.
Subdivisions.
(1)
An applicant for approval of a subdivision in the village shall reimburse
the village for all reasonable and necessary legal, engineering and
other professional consulting fees, expenses and costs incurred by
the village in connection with the review and consideration of such
subdivision.
(2)
A developer who constructs or proposes to construct one or more highways,
drainage, facilities, utilities or parks within or in conjunction
with an approved subdivision in the village shall reimburse the village
for all reasonable and necessary legal, engineering and other professional
consulting fees, expenses and costs incurred by the village in connection
with the inspection and acceptance by the village of such highways,
drainage facilities, utilities and parks and the dedication of the
same to the village.
B.
Districts.
(1)
An Applicant for approval, amendment or extension of a district in
the village shall reimburse the village for all reasonable and necessary
legal, engineering and other professional consulting fees, expenses
and costs incurred by the village in connection with the review and
consideration of said application.
(2)
A developer who constructs or proposes to construct one or more buildings,
highways, drainage facilities, utilities or parks within or in conjunction
with a district in the village shall reimburse the village for all
reasonable and necessary legal, engineering and other professional
consulting fees and expenses incurred by the village in connection
with the granting of any building permit and in connection with the
inspection and acceptance by the village.
C.
Variances, site plans and special permits. An applicant or developer
making applications for the approval of a site plan or a special permit
or seeking approval of an application for a variance shall reimburse
the village for all reasonable and necessary legal, engineering and
other professional consulting fees, expenses and costs incurred by
the village in connection with the review and consideration of such
application.
A.
Simultaneously with the filing of an application for approval of
a development or the filing of an application for approval of a variance,
a site plan or a special permit, the applicant or developer, as the
case may be, shall deposit with the Village Comptroller a sum of money,
as determined in accordance with the schedule of deposits fixed by
the Village Board pursuant to this chapter,[1] which sum shall be used to pay the reasonable and necessary
fees, expenses and costs incurred by the village for legal, engineering
and other professional consulting services as described in this chapter.
B.
Upon receipt of such sums, the Comptroller shall cause such moneys
to placed in a separate noninterest-bearing account in the name of
the village and shall keep or cause to be kept a separate record of
all such moneys so deposited and the name of the applicant or developer
and the applicant and development for which such sums were deposited.
C.
Upon receipt and approval by the Comptroller of itemized vouchers
from an attorney, engineer and/or other professional consultant for
services rendered on behalf of the village pertaining to the development
or the application for a variance, site plan or special permit, the
Comptroller shall cause such vouchers to be paid out of the moneys
so deposited and shall debit the separate record of such account accordingly.
The Comptroller shall furnish copies of such vouchers to the applicant
or developer immediately after such vouchers are submitted to the
village.
D.
The Comptroller, on behalf of the village and subject to audit and
review by the Village Board, shall review and audit all such vouchers
and shall approve payment of only such legal, engineering and/or other
professional consulting fees, expenses and costs as are reasonable
in amount and necessarily incurred by the village in connection with
the review, consideration and approval of developments, the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments, and the review, consideration
and approval of applications for variances, site plans and special
permits. In this regard the village may take into consideration the
size, type, value and number of buildings to be constructed, the amount
of time to complete the development or project, the topography of
the land on which such development is located, soil conditions, surface
water, drainage conditions, the nature and extent of highways, drainage
facilities, utilities and parks to be constructed and any special
conditions or considerations the village may deem relevant. For purposes
of the foregoing, a fee, expense or cost or part thereof is necessarily
incurred if it was charged by the attorney, engineer or other professional
consultant for a service which was rendered in order to protect or
promote the health, safety or other vital interests of the residents
of the village, protect public or private property from damage from
uncontrolled surface water runoff and other factors, to assure the
proper and timely construction of highways, drainage facilities, utilities
and parks and otherwise to protect the legal interests of the village,
including receipt by the village of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability
and such other interests as the village may deem relevant or to assure
the proper and timely review and consideration of an application for
a variance, site plan or a special permit.
E.
If at any time during or after the processing of such application
or the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks or during or after the processing
of an application for a variance, site plan or special permit there
shall be insufficient moneys on hand to the credit of such applicant
or developer to pay the approved vouchers in full, or if it shall
reasonably appear to the Comptroller that such moneys will be insufficient
to meet vouchers yet to be submitted, the Comptroller shall cause
the applicant or developer to deposit additional sums as the Comptroller
deems reasonably necessary or advisable in order to meet such fees,
expenses and costs or anticipated fees, expenses and costs.
F.
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Comptroller shall notify the Village
Board and, as applicable, the Chair of the Planning Commission, the
Chair of the Zoning Appeals Board and the Village's Codes Enforcement
Officer of such failure, and any review, approval, building permit
or certificates of occupancy shall be withheld by the appropriate
board, officer or employee of the village until such moneys are deposited.
G.
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, or any requested
variance, site plan or special permit, and after payment of all approved
vouchers submitted regarding such development or application, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
The amount of the initial deposit for the various developments
and/or applications covered by the chapter shall be as set forth in
a schedule of deposits established from time to time by the resolution
of the Village Board. The schedule shall remain in effect and shall
apply to all applicants and developers until amended or revised by
subsequent resolution of the Village Board.[1]
The deposits required by this chapter shall be in addition to
any application fees as may be required by other laws, rules, regulations
or ordinances of the village, the County of Onondaga, the State of
New York or of any other body having jurisdiction with respect to
a development, drainage facility, highway, utility or park or to an
application for a variance, site plan or special permit and shall
not be used to defray either the village's general expenses for
legal, engineering, or other professional consulting fees, expenses
or costs for the several boards of the village or its general administration
expenses.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair or invalidate the remainder
thereof but shall be limited in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly involved
in the proceeding in which such judgment is rendered.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State.
