[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 4-7-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
The Board of Trustees of the Village of Islandia, after a review of available information and due deliberation, hereby finds that it is essential to the proper fiscal management, orderly development in the Village and in accordance with the provisions of New York State Law that the Village of Islandia require applicants for land use and zoning applications, including but not limited to site plans, special permits, subdivisions and Zoning Board of Appeals and Board of Trustees applications, to reimburse the Village and in order for the Village to offset the high expense to the Village of the costs of consultants and professionals and filing and other costs and fees in order to properly review and process these applications.
The purpose and intent of this chapter is to provide for the requirements of the deposit of trust and agency funds by applicants for land use and zoning applications, including but not limited to applications for site plan, special permits, subdivisions, and Zoning Board of Appeals and Board of Trustees approvals, in order to offset the costs of consultants and other professionals, filing and advertisement fees incurred by the Village of Islandia with respect to these applications.
This Chapter 159 shall be in effect upon the filing of the local law creating this chapter with the New York State Department of State. The Board of Trustees hereby acknowledges and ratifies the requirement for a trust and agency deposit that has been the procedure for the Village of Islandia by adoption of resolution and the Board of Trustees approved fee schedule containing the requirement for the payment of a trust and agency deposit.
A trust and agency deposit must be paid by the applicant for an application to the Village of Islandia for a special permit, site plan approval, major and minor subdivision approval, zoning change or other zoning approval, or any application for action or relief by the Zoning Board of Appeals or the Board of Trustees.
The amount of the trust and agency deposit required shall be set and may from time to time be revised by resolution of the Board of Trustees of the Village of Islandia as part of the Village of Islandia fee schedule. The amount of the trust and agency deposit for a particular application or project shall be subject to further review by the Board of Trustees.
The required trust and agency deposit shall be paid to the Village of Islandia at the time of the filing of the application requiring the trust and agency deposit.
The trust and agency deposit shall be deposited by the Village of Islandia in a trust and agency bank account, the purpose of which shall be solely to hold and process trust and agency deposit funds.
The Village of Islandia shall be authorized to, and shall, disburse the funds from the trust and agency deposit for a particular application to reimburse the Village of Islandia for payments made by the Village for engineering, consulting, and other professional fees and expenses related to the review, processing, publication and processing of the respective application.
The trust and agency deposit paid by an applicant shall be replenished by the applicant upon the request by the Building Inspector, Village Clerk or Board of Trustees of the Village of Islandia. The Village of Islandia may request the applicant to replenish the trust and agency deposit amount or to pay additional trust and agency deposit monies to the Village of Islandia when at any time at the sole discretion of the Building Inspector, Village Clerk or the Board of Trustees of the Village of Islandia, either before or after disbursements have been made from the trust and agency deposit, that there is insufficient funds existing or remaining in the trust and agency deposit for an application to pay for the anticipated costs and expenses of the Village of Islandia associated with that application.
The Village of Islandia shall, within 90 days from the approval, denial or withdrawal of an application and the fulfillment of any conditions associated with the application, return the remaining trust and agency deposit to the applicant, unless the Village of Islandia receives notarized written authorization from the applicant to pay the balance to another party.
The Village of Islandia shall maintain and provide an accounting of the trust fund deposit amounts, any disbursements from the trust fund deposit and the remaining balance of the trust fund deposit for each application.
In the event that there is a dispute between the applicant and the Village of Islandia and/or the applicant and any other party, the Village of Islandia shall have the right to deposit the trust and agency account deposit funds to the appropriate court pending resolution of whatever dispute may exist.
The Village of Islandia shall be acting as an escrow holder only for the purpose of receiving and disbursing the monies that the applicant is required to pay for the review, processing and determination of the applicant's application, and the Village of Islandia shall have no liability or responsibility for any trust and agency deposit that is not specifically stated in this chapter.
The provisions of this chapter are declared to be severable, and if any section, sentence or phrase of this chapter shall for any reason be deemed to be invalid or void, the remaining sections and portions of the chapter shall remain in full force and effect.