[HISTORY: Adopted by the Board of Trustees of the Village
of Spring Valley 1-12-2016 by L.L.
No. 1-2016. Amendments noted where applicable.]
This chapter shall be known as the Village of Spring Valley
("Village") "Taxpayers Protection Act." This chapter involves the
allocation and payment of costs and expenses incurred in the Village
when reviewing certain land use matters. It is adopted pursuant to
the Municipal Home Rule Law.
Responsible government is reflected in responsible growth within
a responsible tax base. Where there are municipal expenses that are
nongeneral in nature as well as specific to a land use matter, the
specific applicant seeking certain permits or approvals should be
responsible for payment of those specific or others nongeneral expenses
incurred by the Village that would otherwise be paid by the taxpaying
public. To minimize the burden of government to the Village taxpayers
from such costs, expenses or other charges that the Village incurs
in specifically reviewing any applications or petitions or otherwise
enforcing the rights of the Village, all such specific and nongeneral
costs and expenses should be paid by the applicant (or other person
or entity responsible involved) in all situations except applications
or petitions for matters involving the construction of a one- or two-family
residence only.
Any and all such specific and nongeneral costs or expenses incurred
by the Village in reviewing any application or petition for any zone
change, special permit, license, franchise agreement, site plan, subdivision,
variance, amendments to any approved map or Tax Map or text of the
Village Code, as well as any other submissions (herein collectively
referred to as the "submissions") to the Village Board of Trustees,
the Village Zoning Board of Appeals or Village Planning Board or otherwise
enforcing the rights of the Village regarding a specific applicant
or property owner which require the use or employment of Village Counsel,
Special Legal Counsel, Bond Counsel, Transactional Counsel or other
legal advice or representation, planning consultants, zoning consultants,
engineers, experts, accountants, appraisers or other professionals
or persons that may be deemed reasonably necessary by the Village
to review such submission, also including but not limited to Village
employees assigned specifically to perform overtime work to timely
complete a specific submission, act upon or otherwise provide advice
on any such matter shall be charged to and paid solely by the applicant
or petitioner as well as property owner involved or other person seeking
relief or otherwise responsible to the Village that makes such specific
and nongeneral action or review by the Village appropriate or necessary.
Any such costs paid or incurred by the Village that are reasonable
and customary in the County of Rockland regarding the foregoing shall
be charged to and paid by the applicant as well as property owner
involved, provided that the applicant as well as property owner involved
is seeking a benefit or other relief or approval from the Village
and said costs are necessary expenditures, and not expenditures for
the convenience of a Board in fulfillment of its own decision-making
responsibilities. Said legal cost shall be reasonable in amount and
shall not exceed 5% of the cost of the fair market value of the estimated
cost of construction or the infrastructure and other site improvements
involved in said submission and/or application. The payment of such
costs shall be deducted from an escrow account to be established for
such application in amount determined by the Village in accordance
with the Village's fee schedule or as determined by Village Board
of Trustees resolution. Such escrow account must be maintained in
an amount sufficient to pay such fees or costs at the time they are
incurred and must be replenished as directed by the Village.
The person or entity required to pay said costs pursuant to
this chapter has a right to contest any obligation to pay any or all
of such costs or fees by notifying the Village in writing within 30
days of being advised of such cost or the obligation to pay. The Village
shall properly supply written documentation to the person or entity
from whom such costs are sought to be paid. That person or entity
has 30 days from the date of transmittal of such documentation to
object in writing to part or all of the costs or fees sought to be
paid to the Village. If within that thirty-day period of time the
entity or person objects to payment of some or all of the cost or
fees to be imposed, the person or entity shall file in writing a detailed
appeal to the Village Board of Trustees specifying the basis for any
objection to said payment. Within 90 days of the date of receipt of
the appeal, the Village Board of Trustees shall determine the appeal
and decide what costs or fees, if any, shall be paid by the person
or entity making the appeal. In the event that the Village Board of
Trustees requires payment of some or all of the costs or fees to be
imposed, the person or entity shall have the right to file an appeal
to the Supreme Court for the County of Rockland pursuant to Article
78 to challenge any such determination by the Village Board. Where
a person or entity objects to any payment by the filing of an Article
78 proceeding, such amount shall remain in, but not be deducted from,
escrow until such time as the Supreme Court for the County of Rockland
makes a determination regarding the same, if such an Article 78 proceeding
is brought by the person or entity regarding said costs. In the event
the escrow is insufficient to cover any disputed amount, the applicant
must replenish the escrow account with an amount sufficient to cover
the disputed expense (in addition to any other ongoing expenses) until
such dispute is resolved or otherwise determined by the Supreme Court
for the County of Rockland. After any review by the Rockland County
Supreme Court, the applicant or other entity shall have a right to
pursue an appeal to the Appellate Division, Second Department. Notwithstanding
the same, the amount determined to be due from the applicant by the
Rockland County Supreme Court shall be deducted from escrow, or paid
by the applicant if the escrow is insufficient, unless a stay from
a court of competent jurisdiction is issued restraining the Village
from regarding making such payment.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph
or part thereof.
Nothing herein shall diminish or eliminate the right of the
Village to obtain reimbursement of costs or expenses as provided for
in any other law, rule or regulation.
Nothing herein shall prohibit the Village and any applicant
from entering into an agreement as to the payment of professional
fees where such application is unique or otherwise different and where
the amount of an escrow for payment of reasonable costs may be difficult
to ascertain. If the parties do not mutually assent to a written agreement
concerning such fees in said situation, then provisions of this chapter
shall control.
This chapter shall take effect upon filing with the Secretary
of State and shall apply to all applications or matters for which
final approvals have not already been granted by the Village.
