[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-18-2009 by L.L. No. 4-2009 (Ch. 62, Art. I, of
the 1987 Code)]
A.Â
The Village Board of Trustees hereby finds and determines that in
order to protect and safeguard the Village of Liverpool, its residents
and their property with respect to certain land developments and projects
within 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 laws, codes,
rules and regulations and should be dedicated and conveyed to the
Village in a legally sufficient manner. To assure the forgoing 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
Board 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, subdivision, site plan approvals, special use
permits or uses rather than by general Village funds which are raised
by assessments and/or general taxes paid by taxpayers of the Village.
B.Â
This article is enacted by local law 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, 7-712-b, 7-725-a, 7-725-b, 7-728 and
7-730 do not authorize the Village Board of Trustees, Village Planning
Board 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,
special use permits and other land use approvals under the Village
Code, it is the expressed intent of the Village Board of Trustees
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
Village Law §§ 7-712-a, 7-712-b, 7-725-a, 7-725-b,
7-728 and 7-730 to empower the Village to require such payment as
a condition to such consideration, review, acceptance or approvals.
As used in this article, 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 Liverpool
Planning Board, Zoning Board of Appeals or Village Board of Trustees
to approve a subdivision and/or to grant an application for a variance,
subdivision, site plan approval, special use permit or other land
use approval.
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 variance,
subdivision, site plan approval, special use permit or other land
use approval.
Includes, but is not limited to, a subdivision or a district.
Any special district under the Village Law, as applicable.
All surface water drainage facilities, including but not
limited to detention and retention basins, storm sewers and their
appurtenances, drainage swales and ditches and any 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.
Mayor of the Village of Liverpool.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
The Planning Board of the Village of Liverpool.
A subdivision of land as defined in the Village of Liverpool
subdivision regulations.
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 Liverpool.
The Village Board of Trustees of the Village of Liverpool.
The Zoning Board of Appeals of the Village of Liverpool.
A.Â
Subdivisions.
(1)Â
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)Â
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.Â
Districts.
(1)Â
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)Â
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 of such highways, drainage
facilities, utilities and parks and the dedication of the same to
the Village.
C.Â
Variances, subdivisions, site plan approvals, special use permits
and other land use approvals. An applicant or developer making application
for the approval of a site plan or a special use permit or seeking
approval of an application for a variance plan and/or other land use
approval 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.Â
Simultaneously with the filing of an application for approval of
a development or the filing of an application for approval of a variance,
subdivision, site plan approval, special use permit or other land
use approval, the applicant or developer, as the case may be, shall
deposit with the Village Clerk a sum of money, as determined in accordance
with the schedule of deposits fixed by the Village Board of Trustees
pursuant to this article, 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
by this article.
B.Â
Upon receipt of such sums, the Village Clerk shall cause such monies
to be placed in a separate non-interest-bearing account in the name
of the Village and shall keep or cause to be kept a separate record
of all such monies so deposited and the name of the applicant or developer
and the application and development for which such sums were deposited.
C.Â
Upon receipt and approval by the Mayor 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, subdivision, site plan approval, special
use permit or other land use approval, the Mayor shall cause such
vouchers to be paid out of the monies so deposited and shall debit
the separate record of such account accordingly. The Mayor shall furnish
copies of such vouchers to the applicant or developer immediately
after such vouchers are submitted to the Village.
D.Â
The Mayor, on behalf of the Village and subject to audit and review
by the Village Board of Trustees, 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, subdivisions, site plan
approvals, special use permits or other land use approvals. For purposes
of the foregoing, a fee or part thereof is reasonable in amount if
it bears a reasonable relationship to the average charge by engineers
or attorneys to the Village for services performed in connection with
approval or construction of a similar development or project, and
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 engineer, attorney 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, subdivision, site plan approval, special use permit or
other land use approval.
E.Â
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, subdivision, site plan approval,
special use permit or other land use approval, there shall be insufficient
monies 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 Mayor that such monies will be insufficient to meet vouchers yet
to be submitted, the Mayor shall cause the applicant or developer
to deposit additional sums as the Mayor deems reasonably necessary
or advisable in order to meet such fees, expenses and costs or anticipated
fees, expenses and costs.
F.Â
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Mayor shall notify the Village
Board of Trustees and, as applicable, the Chair of the Planning Board,
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 monies are deposited.
G.Â
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, or any requested
variance, subdivision, site plan approval, special use permit or other
land use approval 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 this article shall be as set forth
in a schedule of deposits established from time to time by the resolution
of the Village Board of Trustees. 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 of Trustees.
The deposits required by this article 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, subdivision, site plan approval, special
use permit or other land use approval 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.
