[HISTORY: Adopted by the Board of Trustees of the Village
of Walden as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-1988 by L.L. No. 6-1988[1] (Ch. 6, Art. I, of the 1982 Code)]
[1]
Editor's Note: This local law also repealed former Ch.
71, Fees, adopted 4-22-1986 as Section 1 of L.L. No. 5-1986.
A.
The Village of Walden 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.
(1)
Administrative costs include, but are not limited to, processing
applications, consultations among municipal officers and officials
regarding the fact 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.
(2)
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 state environmental
quality review 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.
(3)
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.
C.
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.
[1]
Editor's Note: A schedule of fees is available in the office
of the Village Clerk.
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 earlier of 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.
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 application
and/or permit fees.
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),[1] or any local law implementing SEQRA, all expenses relating
to the environmental analysis shall be borne by the applicant.
[1]
Editor's Note: See § 8-0101 et seq. of the
Environmental Conservation Law.
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.
[Added 6-21-2016 by L.L.
No. 6-2016]
The fees and expenses due and payable under this article, if
not paid in the time required, shall be a lien against the real property
which is or was the subject of the application that generated the
imposition of fees authorized by this article. The amount of such
fees and expenses, if not paid in the time required, may be assessed
and levied against such real property and collected in the same manner
as real property taxes.