[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-7-2011 by L.L. No. 9-2011]
The title of this article shall be "Fees," and it shall affect
all present and future local laws, boards, commissions and public
agencies within the jurisdictional limits of the Village of Buchanan.
It has been found that the procedure for amending various fees
and fee schedules through the enactment of local laws is both time
consuming and economically unfeasible. The Village of Buchanan enacts
the following article for the efficient, orderly and prompt adjustment
of all Village fees by Village Board of Trustees resolution.
As used in this article, the following words shall have the
following meanings:
The Village of Buchanan Board of Trustees.
Any lawful charge pursuant to the Code of the Village of
Buchanan, including but not limited to permit and special permit fees,
license fees or any charge or disbursement required by a duly constituted
board, consultant or committee of the Village of Buchanan.
All fees imposed by the Village of Buchanan may, from time to
time, be adjusted by resolution of the duly enacted Board to reflect
either an increase or decrease.
After enactment of a resolution pursuant to § 90-4 of this article, said resolution shall be filed with the Village Clerk. Copies will be forwarded to all applicable boards, committees, and department heads of the Village. It shall be the responsibility of the Village Clerk to maintain an official record of all Village fees and changes thereto.
Any provisions of the Village Code with any reference to fees
shall be interpreted so as to mean that the provisions of this article
shall pertain thereto, and this article shall supersede any other
provisions for fees charged and collected by the Village of Buchanan
in the Village Code.
[Adopted 7-5-2011 by L.L. No. 11-2011]
A.
In connection with any application to the Village for a site plan, special permit or subdivision, zoning amendment, variance as described in Chapters 171 and 211 and, at the discretion of the Village, for permits required by the Village of Buchanan Code, including permits sought in conjunction with flood damage prevention in accordance with Chapter 97, a steep slopes work permit in accordance with Chapter 165, a soil disturbances and excavations work permit in accordance with Chapter 159, and a permit to perform regulated activity in a wetland in accordance with Chapter 203, or a tree removal appeal, or in connection with any other application when the Village deems it necessary to retain a consultant regarding the application, the Village may require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Village of reviewing the particular type of application before it. The reviewing board or person may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications.
B.
Use of funds.
(1)
Said sum of money shall be used to cover the reasonable and necessary
costs of reviewing an application. Costs may include staff costs or
consultant fees for planning, engineering, legal and other professional
and technical services required for the proper and thorough review
of an application. The reviews governed by this section shall include
all environmental review pursuant to law, including review of the
proposed action under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
(2)
The review expenses provided for herein are in addition to application
or administrative fees required pursuant to other sections of the
Buchanan Village Code. Monies deposited by application pursuant to
this section shall not be used to offset the Village's general
expenses of professional services for the several boards of the Village
or its general administrative expenses.
(3)
Fees charged strictly as a result of SEQRA review shall in no event
exceed the maximum amounts that can be charged pursuant to the SEQRA
regulations by the lead agency.
Upon receipt of monies requested for an escrow account, the
Village Administrator shall cause such monies to be placed in a separate
interest-bearing account in the name of the Village and shall keep
a separate record of all such monies deposited and the name of the
applicant and project for which such sums were deposited.
Upon receipt and approval by the Village Board of itemized vouchers
from consultants for services rendered on behalf of the Village regarding
a particular application, the Village Administrator shall cause such
vouchers to be paid out of the monies so deposited and shall debit
the separate record of such account accordingly. The consultant shall
make copies of such vouchers available to the applicant at the same
time the vouchers are submitted to the Village.
The Village Board shall review and audit all such vouchers and
shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Village in connection with
the review and consideration of applications. A charge 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 a similar application. In auditing
the vouchers, the Village Board may take into consideration the size,
type and number of buildings to be constructed, the topography of
the site at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Village
Board may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the 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 and to protect public or private property
from damage.
If at any time during the processing of an application there
shall be insufficient monies on hand to the credit of an applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the reviewing board that such monies will be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the board deems necessary
or advisable in order to meet such expenses or anticipated expenses.
In the event the applicant fails to deposit the requested review
fees into an escrow account, any application review, approval, permit
or certificates of occupancy may be withheld or suspended by the reviewing
board, officer or employee of the Village until such monies are deposited.
Upon completion of the review of an application, or upon the
withdrawal of an application, and after all fees already incurred
by the Village have been paid and deducted from the escrow account,
any balance remaining in the escrow account shall be refunded within
60 days after the applicant's request.
This article shall be applicable to all applications pending
at the time it shall become effective, unless the reviewing board
shall determine that its application would be impracticable, unfair
or unjust in the particular circumstances.
Any provisions of the Village of Buchanan Code with any reference
to reimbursement for professional consulting services shall be interpreted
so as to mean that the provisions of this article shall pertain thereto,
and this article shall supplement any other provisions for reimbursement
for professional consulting services in the Village Code.
