[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
