[HISTORY: Adopted by the Village Board of Trustees of the Village of Lima as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-1997 by L.L. No. 1-1997]
This article shall be known as the "Engineering and Professional Fees Local Law of the Village of Lima, Livingston County, New York."
The purpose of this article is to secure the payment of engineering, legal and other professional fees incurred by the Village as a direct result of review of private development projects, to be borne by the applicant and/or developer and not by the other residents of the Village.
All engineering, legal and other professional fees incurred by the Village in its review of any project submitted for municipal approval shall be paid by the applicant(s) for said municipal approval or reimbursed to the Village if first paid by it. Said fees shall be in addition to those fees fixed by the Village Board to defray costs of publication and administrative review.
A. 
Environmental review. Payment of all engineering, legal and other professional fees associated with environmental review of any project shall be charged to and paid by the applicants prior to the final issuance of a decision on the underlying application.
B. 
Rezoning. Payment of all engineering, legal and other professional fees associated with an application for rezoning of real property shall be a condition of such application and for its approval, and shall be charged to and paid by the applicant(s) prior to the final filing of any resolution amending the Village Zoning Map or within 60 days of final disposition of the application, whichever is sooner.
C. 
Subdivision approval. Payment of all engineering and other professional fees associated with an application for subdivision approval shall be made as follows:
(1) 
For concept approval: together with the application for preliminary subdivision approval or within 60 days of the disposition of the application for concept approval, whichever is sooner.
(2) 
For preliminary subdivision approval: together with the application for final subdivision approval or within 60 days of the disposition of the application for preliminary subdivision approval, whichever is sooner.
(3) 
For final subdivision approval: prior to signature of the final subdivision plot by the Chairman of the Planning Board or within 60 days of the disposition of the application for final subdivision approval, whichever is sooner.
(4) 
For "minor" subdivision approval: payment of all fixed costs shall be at the time of initial application. Additional expenses inherent in extra engineering review, if any, shall be paid prior to execution of the approved map by the Village Attorney.
D. 
Zoning Board of Appeals or Planning Board relief (other than subdivision). Payment of all engineering, legal an other professional fees associated with all applications for zoning variance or other relief from the Zoning Board of Appeal or the Planning Board (other than subdivision) shall be a condition of such application and/or approval and shall be charged to and paid by the applicant(s) prior to the final filing of the resolution granting the relief sought or within 60 days of the final disposition of the application, whichever is sooner.
E. 
Building permit. Payment of all engineering and other professional fees associated with an application for building permit shall be a condition of such application and/or approval and shall be charged to and paid by the applicant(s) prior to the issuance of any certificate of occupancy or within 60 days of final disposition of the application, whichever is sooner.
F. 
Inspection and sign-off of all improvements secured by letter of credit. Payment for engineering, legal and other professional costs associated with inspection and sign-off of all improvements secured by a letter of credit shall be secured by said letter of credit by provision of additional security in the amount of 4% of the proposed improvement secured for the Village's engineering, legal and other professional costs, and 4% to secure the service of applicant's engineer for site inspection purposes. This security shall not serve as a limit upon the obligation of the applicant(s) for the entire cost of the Village's engineering, legal and other professional costs, which shall be fully payable, with or without recourse to the letter of credit, within 30 days of the inspection or sign-off, whichever is sooner.
A. 
All resolutions or decisions disposing of municipal approval applications shall address the fees imposed in this article; provided, however, that the failure to do so does not constitute a waiver of the Village's right to charge and collect said fees or relieve the applicant from the obligation to pay said fees.
B. 
Upon proper application to the Village Board, the Board may, in its sole discretion and upon good cause shown, waive any or all of said fees, which waiver shall be effective only by resolution duly adopted by the Board.
The Code Enforcement Officer or the agent or employee of the Village issuing applications for municipal approvals shall notify all applicants for municipal approvals of these fees and the responsibility of the applicants therefor.
All fees billed to an applicant and remaining due and payable but not paid when due pursuant to § 81-4 of this article shall be subject to collection by any or all legal means by action of the Village Clerk and Village Attorney. Interest at the maximum legal rate for judgments shall be added to said amount billed and shall be recovered in any collection proceeding. In addition, the Village shall be entitled to recover any and all reasonable costs of collection, including reasonable attorneys' fees.
The provisions of this article shall be effective regarding engineering, legal and other professional fees incurred from this date forward on pending applications after due notice to all pending applicants.
[Adopted 11-9-2011 by L.L. No. 4-2011]
It is the purpose of this local law to promote the public health, safety and general welfare of the Village of Lima, and the Village Board of Trustees of the Village of Lima hereby affirms that providing for the continued use, enjoyment, maintenance and expansion of the recreational facilities and opportunities of the residents of the Village is an important matter of public policy. In 1986 and 1987 the Village Board passed resolutions establishing the requirement of payment of recreation fees for new residential construction within the Village. It is the intention and purpose of this local law to affirm the establishment of a recreation fee to be imposed on each new residential living unit constructed within the Village of Lima, said funds to be used at the discretion of the Village Board of Trustees for the operation, maintenance and improvement of existing recreation facilities and/or programs and for possible expansion of recreational facilities and/or recreational programs.
A. 
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. 
The following definitions are to be adopted as official definitions of the Village of Lima Zoning Law, and are to be added to the list of definitions set forth in § 185-8 of the Code of the Village of Lima.
DWELLING UNIT
Any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one lot containing separate living units for three or more families, but which may have joint services or facilities, or both.
DWELLING, ONE-FAMILY
A detached building designed for the use of single household, including one or more persons living as a family and wherein not more than three people are sheltered and/or fed for profit.
DWELLING, SEMIDETACHED
A detached building containing two dwelling units separated by a party wall, each having one side yard.
DWELLING, TWO-FAMILY
A building having two side yards and accommodating but two families, with one family living over the other.
RESIDENTIAL LIVING UNIT
An individual living area within a structure, said area having one or more rooms providing independent living facilities for one family, including facilities for cooking, living and sleeping. Structures that have more than one living unit (multifamily dwelling[s], two-family dwelling[s] and apartments) shall be considered to have the same number of residential living units as the number of families which are intended to be able to occupy the premises independently of each other.
A. 
Upon application for a building permit for any new residential construction of a residential living unit as defined above, an applicant will be required to pay a fee set from time to time by resolution of the Village Board of Trustees and to be evidenced on a fee schedule on file at the appropriate Village office. The applicant shall pay said fee for each residential living unit within the proposed structure covered by the building permit. Said fees shall be made payable to the Village of Lima and shall be designated as funds intended to be used exclusively for purposes consistent with the operation, maintenance and improvements of existing recreation facilities and/or programs and for possible expansion of recreational facilities and/or recreational programs.
B. 
The Village Board of Trustees may from time to time (in its sole discretion) by simple resolution change the recreation fee to be collected.
C. 
All funds collected pursuant to this article shall be held and administered in a manner consistent with law and generally accepted accounting principles.
This article shall be effective immediately upon filing thereof with the Secretary of State.