[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-17-1986 as Section 11 of L.L. No. 2-1986]
A.
The Village of Cornwall-on-Hudson incurs significant expenses in
the operation of the Planning Board, the Zoning Board of Appeals and
the office of the Code Enforcement Officer.[1]
[1]
Editor's Note: Pursuant to a decision by the Village, the
title "Building Inspector" has been changed to "Code Enforcement Officer"
throughout the chapter.
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, 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.
[Amended 3-27-2017 by L.L. No. 1-2017]
A.
The Village of Cornwall-on-Hudson shall adopt a Schedule of Fees
and Escrow Deposits resolution at the annual reorganization meeting.
The resolution shall be revised and adopted from year to year, or
more frequently if required, and shall be incorporated by reference
into this article and shall have the force of law. The resolution
may add or delete categories of fees or escrow deposits as may be
necessary to effectuate the purposes of this article. Any resolution
setting a Schedule of Fees and Escrow Deposits shall remain in full
force and effect until superseded by a subsequent resolution adopting
a modified Schedule of Fees and Escrow Deposits. The current Schedule
of Fees and Escrow Deposits shall be on file at the office of the
Village Clerk.
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 earlier of submission
of a petition, if applicable, or 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.
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
Code Enforcement Officer:
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),
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 6 NYCRR 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.
[Adopted 4-25-2006 by L.L. No. 2-2006]
A.
The Village Board enacts this article to put in place a system for the reimbursement of fees and expenses which would otherwise be raised by assessments of the taxpayers of the Village to defray the costs of the Village consultants, including, but not limited to, engineering, planning and legal, with respect to the review of projects as defined in § 76-15 of this article. It is the intention of this article that the cost of such consultants should ultimately be paid by those who seek approvals from the Village, rather than from Village funds raised by assessments paid by taxpayers of the Village.
B.
The Village also wishes to establish a procedure to be followed requiring the deposit of those funds in a separate account and requiring that payments from that account be made only upon receipt and approval by the Village Board of itemized vouchers from its consultants following the determination by the Village Board as set forth in § 76-17 of this article.
This article is enacted under the authority of Subparagraphs
a(1), (2) and d(3) of Municipal Home Rule Law § 10(1)(ii),
and Municipal Home Rule Law § 22. To the extent Village
Law Article 7 does not authorize the Village to require the reimbursement
to the Village for its consultants' expenses incurred by the
Village in connection with the review and consideration of projects
as hereinafter defined in this article, it is the expressed intent
of the Village Board 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
all sections of Article 7 of the Village Law to empower to the Village
to require such payments as a condition of such approvals.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation or
entity of any type, kind or nature, who requests from the Village,
the Village Board, the Planning Board, the Zoning Board of Appeals,
the Village Building Department or any other board or agency of the
Village approval of a project.
Any person or entity of any type which is retained by the
Village to provide consulting services for any project.
Includes issuance of a permit, a subdivision, site plan,
special permit, variance, interpretation, extension of water service
into new areas, annexation petitions, and such other similar action
where the Village Board determines to refer the action to a consultant.
All applicants for approval of any project in or with the Village
shall reimburse the Village for all reasonable, necessary and appropriate
consulting expenses incurred by the Village in connection with the
review and consideration of such project.
A.
Simultaneously with the filing of an application for approval of a project with the appropriate official or board of the Village, the applicant shall deposit with the Village Clerk a sum of money as determined in accordance with the provisions of this article, which sum shall be used to pay the costs described in § 76-16 of this article.
B.
In the event that the deposit amount does not appear on the schedule of deposits referred to in § 76-20 of this article, upon the Village computing the deposit amount pursuant to the provisions of this article and advising the applicant in writing of the appropriate amount, the applicant shall deposit that sum with the Village Clerk in accordance with the above provision.
C.
Upon receipt of such monies, the Village Clerk shall cause such monies
to be placed in a non-interest-bearing account in the name of the
Village and shall keep a separate record of all such monies so deposited
and the name of the applicant and project for which sums were deposited.
D.
Upon receipt and approval by the Village Board of an itemized voucher
from a consultant for services rendered on behalf of the Village pertaining
to the project, the Village Clerk shall cause such voucher to be paid
out of the monies so deposited and shall debit the separate record
of the account accordingly.
E.
The consultant shall furnish copies of such voucher to the applicant
at the same time such voucher is submitted to the Village.
F.
The Village Board shall review and audit all such vouchers and shall
approve payment of only such consulting fees and disbursements as
are reasonable in amount and necessarily incurred by the Village in
connection with the review, consideration and action on the project.
For purpose of the foregoing, a fee or part thereof is reasonable
in amount if it bears a reasonable relationship to the average charge
by consultants to the Village for services performed in connection
with the review of similar projects in the Village, and if there are
no similar projects in the Village, then for similar projects located
in Orange County, to the extent that such similar projects may exist.
The Village Board may take into consideration the size, type and nature
of the project, together with such special features, including topography,
soil conditions, water, drainage conditions and any special conditions
or considerations as the Village Board may consider relevant. The
approval of the voucher by the Village Board shall be deemed to be
made by the Board after taking any or all of the foregoing into consideration
when so acting.
G.
At any time during or after the review of any project there shall
be insufficient monies on hand to the credit of such applicant to
pay the approved vouchers in full, or if it shall reasonably appear
to the Village Clerk that such monies will be insufficient to meet
vouchers yet to be submitted, the Village Clerk shall advise the applicant,
who shall deposit additional sums as the Village Clerk deems necessary
or advisable in order to meet such expenses or anticipated expenses.
H.
Failure to deposit additional sums; payment prerequisite to approval.
(1)
In the event that the applicant fails to deposit such monies, the
Village Clerk shall notify, as applicable, the board or officer of
the Village of such failure, and any review, approval, building permit
or certificates of occupancy may be withheld by the appropriate board
or officer of the Village until such monies are deposited.
(2)
Payment of the fees by the applicant shall be a prerequisite for
approval of the application but shall be paid regardless of whether
approval is granted or not. If the relief sought by the applicant
is granted but the fee(s) is not paid, the issuing authority can revoke
its action ex parte, and afterwards notify the applicant, and the
relief sought will not be granted until the fee(s) is paid.
I.
Return of surplus funds; payment by check.
(1)
After conclusion of the review of the project and after payment of
all approved vouchers submitted, any sums remaining on account to
the credit of such applicant shall be returned to such applicant along
with the statement of the vouchers so paid.
(2)
If payment is by check, payment is not to be considered final until
the check clears the bank of the drawer.
Any applicant who disputes any fee statement presented to him
may bring a proceeding in the Supreme Court of the State of New York,
in and for the County of Orange, pursuant to Article 78 of the CPLR,
within 30 days of the presentation of such disputed fee statement.
The commencement of such a proceeding shall not stay the obligation
of the applicant to pay any fee statement presented to him pursuant
to this article.
Any fee statement imposed by this article which remains unpaid
at the time the Village certifies its annual tax roll shall become
a lien upon the premises for which the application was made. Such
unreimbursed fees shall thereupon be levied against said premises,
as if a tax on real property, and in addition to all other taxes,
fees, rents or charges which would otherwise be so levied. In the
event the affected premises comprise more than one tax lot, the Village
Treasurer shall distribute such levy equally among such tax lots without
regard to assessed value or any other factor.
A.
The amount of the initial deposit for various projects covered by
this article shall be set forth in a schedule of deposits from time
to time by resolution of the Village Board. Said schedule shall remain
in effect and shall apply to all applicants until amended or revised
by subsequent resolution. In the event the Village receives an application
for a project for which the amount of the initial deposit has not
been established on the schedule of deposits, the Village Board shall
forthwith establish an amount of the initial deposit for such project
and the Village Clerk shall notify the applicant.
B.
No monies deposited pursuant to this article shall be used by the
Village to offset the Village's general expenses of consultants'
services nor for its general administration expenses.
The deposits required by this article shall be in addition to
any application fees which may be required by any other regulation
of the Village.
