Village of Baxter Estates, NY Chapter 102 Fees, Deposits and Insurance

[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005. Amendments noted where applicable.]

§ 102-1 Establishment of fees and deposits.

The Board of Trustees may, by resolution, from time to time, establish and amend a schedule of fees and deposits for applications to the Village, the Village Clerk and the Village's boards, departments, committees, and commissions, as such Board may deem appropriate.

§ 102-2 Establishment of required insurance.

The Board of Trustees may, by resolution, from time to time, establish and amend a schedule of required insurance policies for applications to the Village, the Village Clerk and the Village's boards, departments, committees and commissions as the Board of Trustees may deem appropriate. All such insurance, unless otherwise provided by resolution of the Board of Trustees, shall be issued by companies authorized to do business within the State of New York.

§ 102-3 Processing of applications pending payment.

[Amended 3-7-2019 by L.L. No. 1-2019]

No application to the Village, the Village Clerk, the Village Superintendent of Buildings or the Village's boards, departments, committees or commissions shall be processed unless all of the requisite fees, deposits and insurance coverage, if any, have been provided. In the event that, at any time during an application process, an additional fee, deposit or insurance coverage is required, the processing of such application shall be stopped until such additional fee, deposit or insurance coverage is provided.

§ 102-4 Payment method.

At the option of the Village Clerk, all fees and deposits shall be paid by cash, bank check or certified check, payable to the order of the Village Clerk, Village of Baxter Estates. Payments made other than by cash, bank check or certified check shall be accepted subject to collection, and the processing of the application for which such other checks have been made may be stayed pending collection. In the event that any check is not honored, for whatever reason, any fees or other charges caused to the Village by virtue of such dishonor shall be reimbursed to the Village as an additional application fee, and all future payments by such applicant shall only be accepted if made by cash, bank check or certified check.

§ 102-5 Fee increases.

No fee may be increased by more than $100 or 100%, whichever is greater, without a public hearing on not less than seven days' notice published in the official newspaper of the Village.

§ 102-6 Withholding processing of applications.

[Added 8-7-2006 by L.L. No. 3-2006]

A. The Village Clerk, the Building Department, and every other department, board and commission of the Village shall withhold the processing of any application to the Village Clerk, the Building Department and any such department, board or commission, if:

(1) The Superintendent of Buildings has determined that a violation of any provision of the Village Code exists on or at the parcel of real property with respect to which such application is made (the subject property), or a summons or appearance ticket has been issued with regard to an alleged violation of any provision of the Village Code on or at any other parcel of real property within the Village owned by the owner of such subject property or the applicant;

[Amended 3-7-2019 by L.L. No. 1-2019]

(2) Pursuant to §§ 161-12 and 161-13 of the Village Code, a replacement tree has not been planted at the subject property, or a replacement tree has not been planted by the applicant or the owner of the subject premises at any other property within the Village owned by such applicant or the owner of the subject premises, within the time period established by the Board of Trustees or its designee for such replacement; or

(3) Any fees, deposits, or other sums of money are due to the Village either with regard to the subject property or from the owner of the subject property for any reason, or from the applicant, if the applicant is not the owner of the subject property, for any reason.

B. The processing of an application shall include, but not be limited to: the review of the application by the Village or its professionals; the scheduling or holding of any hearings or other meetings; the rendering of any decisions, other than, in the sole discretion of the chairperson of such board or commission, or the superintendent of such department, a denial of such application; the performing of any inspections; and the issuing of any permits or certificates.

C. Any application for which processing is to be withheld pursuant to the provisions of this section shall be deemed for all intents and purposes to be incomplete until the Village Clerk, on behalf of such department, board, or commission, receives written notice, by certified mail, return receipt requested, or by personal delivery, from the applicant, that such violation has been cured and/or such sums have been paid, and such notice is confirmed by the appropriate Village officer or employee.

D. The foregoing prohibition shall not preclude the processing of any application if:

(1) All of the sums due the Village have been paid and substantially the sole purpose of the processing is to cure the violations or to seek a variance from the Board of Appeals with regard to such violations; or

(2) The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. The Board of Trustees shall consider, in determining whether or not to grant such a waiver, whether the applicant is acting in good faith and with due diligence to cure the violations, or whether application of this § 102-6 presents a hardship for the applicant or owner of the subject property, of the type, kind and scope required to be demonstrated by an applicant for a use variance before the Board of Appeals.

§ 102-7 Unpaid fees, costs and expenses to constitute lien and charge upon property.

[Added 1-5-2012 by L.L. No. 1-2012]

A. All amounts payable under this chapter to the Village, the Village Clerk, the Building Department, the Board of Zoning and Appeals, the Planning Board, the Board of Trustees, the Landmarks Preservation Commission or any other department, board or commission of the Village, in connection with any application or request relating to any parcel or parcels of real property within the Village, shall be certified by the Village Clerk, and shall be due and payable within 30 days after written demand for payment thereof shall be delivered by the Village Clerk, by certified mail, return receipt requested, to the applicant and to the last record owner of the property affected, as evidenced by the then-current real property assessment rolls for the Village.

B. Any such amounts certified by the Village Clerk and remaining unpaid after such 30th day shall accrue interest at the same rate applicable to delinquent real property taxes, until paid or otherwise satisfied or discharged.

C. All such unpaid amounts certified by the Village Clerk, together with accumulated interest, shall constitute a lien and charge upon the parcel or parcels of real property within the Village with respect to which such application or request is made, and may be collected by civil action, law suit or proceeding in the name of the Village.

D. If the Village incurs any fees, costs or expenses, including legal and expert fees, costs and expenses, in order to collect any amounts constituting a lien upon any parcel or parcels of real property under the preceding Subsection C of this section (each, for purposes of this clause, a "liened parcel"), then the amounts of such fees, costs or expenses of collection shall be certified by the Village Clerk. Such certified amounts relating to collection shall be the joint and several obligation of the applicant and the owner of each such liened parcel, and shall be due and payable to the Village within 30 days after a written demand for payment thereof shall be delivered by the Village Clerk, by certified mail, return receipt requested, to such applicant and to the last record owner of each such liened parcel, as evidenced by the then-current real property assessment rolls for the Village. All such unpaid certified amounts relating to collection shall accrue interest at the same rate applicable to delinquent real property taxes, until paid or otherwise satisfied or discharged. Such unpaid certified amounts relating to collection shall also constitute a lien and charge upon each such liened parcel, and may be collected by civil action, law suit or proceeding in the name of the Village.

E. The provisions of this section shall apply, to the fullest extent permitted by applicable law, to all amounts owing to the Village as contemplated under this section, regardless of whether the application or request giving rise to such amounts was submitted to the Village prior to or after the effective date of this section.