The title of this local law shall be the "Professional Services
Reimbursement Local Law."
The Village Board of Trustees hereby finds and determines that
to protect and safeguard the Village, its residents and their property
with respect to land development within the Village, all buildings,
structures, streets, highways, drainage facilities, sanitary facilities,
water supply facilities, utilities, parks and the like within the
Village should be designed and constructed in a competent and workmanlike
manner, and in conformity with all applicable local, state and federal
governmental laws, codes, rules and regulations. To assure the foregoing,
it is essential that the Village have available to it all necessary
professional expertise in the form of but not limited to consultants,
planners, engineers and attorneys to assist in the review of plans,
designs and applications and to make recommendations to the Village
Board, Planning Board, Zoning Board of Appeals, and Village staff.
The Village takes great pride in the skill and professionalism of
its Land Use and Zoning Boards and review staff; however, from time
to time the boards and staff are called upon to review and evaluate
matters outside the range of their training and their expertise. These
situations may require the Village to seek out skills not possessed
by Village officials and staff, but which are not required frequently
enough to justify the hiring of new specialized staff. At the same
time, the cost of retaining such outside expertise should not be borne
by the taxpayers of the Village, but rather by those who seek to profit
from the decisions of the Village and its boards and staff. Therefore
it is the intent of this law to establish a mechanism whereby the
Village may utilize necessary expertise for a particular project without
imposing the cost on its taxpayers.
This law is enacted under the authority of the New York State
Municipal Home Rule. To the extent that Village Law §§ 7-708,
7-712, 7-712-a, 7-712-b, 7-725-a, 7-725-b, 7-728, and 7-730 do not
authorize the Village Board, Planning Board or Zoning Board of Appeals
to require reimbursement to the Village of expenses incurred by the
Village in connection with the professional review of applications
for land use approvals, permits and other approvals described in these
statutes, it is the expressed intent of the Village Board of Trustees
to change and supersede such statutes. More particularly, such statutes
do not authorize the deferral or withholding of such approvals in
the event such expenses are not paid to the Village. It is the expressed
intent of the Village Board to change and supersede these provisions
of the Village Law and any other provisions of New York State law
to empower the Village to require such payment as part of the review
or approval process.
As used in this law, the following terms shall have the meanings
indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company, or organization of any kind, who or which request the Village
Board, Planning Board or Zoning Board of Appeals to review or approve
a land use application.
LAND USE APPLICATION
Any application for subdivision approval, site plan approval,
area variance, use variance, special permit, special use permit, zoning
amendment and any additional review for those as needed to comply
with NYS Environmental Quality Review Act, Environmental Conservation
Law, rules and regulations adopted pursuant thereto, and the Village
Code, as amended from time to time.
REVIEWING BOARD
The Village Board, Village Planning Board or Village Zoning
Board of Appeals, as the case may be; the Village Board or Boards
which review or approve a land use application.
This law shall be applicable to applications pending at the
time it shall become effective unless the Village Manager shall determine
that its application would be impractical, unfair or unjust in the
particular circumstances. Where this local law shall be applicable
to a pending application, it shall in such event require an applicant
only to pay for professional service fees for the services rendered
after it shall have become effective.