This article may be cited as the "Development Fee Structure
for Professionals Law of the Village of Caledonia, New York."
The Village Board hereby finds and determines that in order
to protect and safeguard the Village of Caledonia, its residents and
their property, with respect to land development within the Village,
all buildings, structures, highways, drainage facilities, sanitary
sewer facilities, water supply utilities, other utilities and parks
within any such development should be designed and constructed in
a competent and workmanlike manner and in conformity with all applicable
governmental codes, rules and regulations and, where applicable, dedicated
and conveyed to the Village in a legally sufficient manner; that in
order to assure the foregoing, it is essential for the Village to
have competent engineers retained by the Village to review and approve
plans and designs, make recommendations to the Village Board and Planning
Board, inspect the construction of highways, drainage, sewer, other
facilities and parks to be dedicated to the Village and to recommend
their acceptance by the Village, and to have competent attorneys retained
by the Village to negotiate and draft appropriate agreements with
developers, obtain, review and approve necessary security instruments,
insurance and other legal documents, review proposed deeds and easements
to assure the Village is obtaining good and proper title and to generally
represent the Village with respect to any issues with respect to such
development, and that the cost of retaining such competent engineers
and attorneys should ultimately be paid by those who seek to profit
from such developments rather than from general Village funds which
are raised by assessments generally paid by taxpayers of the Village.
To the extent Village Law §§ 7-725-a, 7-728 and 7-730
do not authorize the Village Board or Village Planning Board to require
the reimbursement to the Village of legal and engineering expenses
incurred by the Village in connection with the review and consideration
of any of the application for the permits or approvals described hereinafter,
it is the expressed intent of the Village Board to change and supersede
such statutes. More particularly, such statutes do not authorize the
deferral or withholding of such approvals in the event that such expenses
are not paid to the Village. It is the expressed intent of the Village
Board to change and supersede Village Law §§ 7-725-a,
7-728 and 7-730 and any other provision of the New York State Village
Law or General Municipal Law to empower the Village to require such
payment as a condition to such approvals.
This article is adopted under the authority granted by New York
Municipal Home Rule Law § 10 Subdivision 1(ii)a12 and d3,
and § 22.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind that
applies for a permit or approval for any of the following:
A.
Acceptance by the Village Board for the dedication of sidewalks,
highways, public rights-of-way, drainage facilities, parks, or utilities.
B.
Planning Board approval of site plans pursuant to Chapter
215, Article
XII, Site Development Plan Review, of the Village Code, or subdivisions under Chapter
186, Subdivision of Land, of the Village Code.
C.
Zoning Board of Appeals approval of variances under Chapter
215, Article
XXI, Board of Appeals, and related provisions of Chapter
215, Zoning, of the Village Code.
D.
Rezoning of real property in the Village by the Village Board.
E.
A certificate of occupancy from the Code Enforcement Officer
in connection with a development within the Village.
F.
Any other application that shall require the review of an attorney
or an engineer or other professional retained by the Village.
APPLICATION
The formal request by an applicant or developer, as those
terms are defined hereinafter, for any permit or approval by the Village
Board, Planning Board, Zoning Board of Appeals or Code Enforcement
Officer for the items set forth hereinafter at Subsections A through
F of the definition of "applicant" above, along with the preparation
of any and all plans and submittals submitted in connection therewith,
including, but not limited to, any required review under the New York
State Environmental Quality Review Act (SEQRA).
DEVELOPER
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind,
whether or not an applicant as defined hereinabove, that constructs
or proposes to construct one or more highways, drainage facilities,
utilities, or parks within or in conjunction with a development and
to convey or dedicate same to the Village.
DEVELOPMENT
A subdivision, site plan, special use permit, special permit or variance for which approval is required under either Chapter
215, Article
XII, Site Plan Development Review, Chapter
215, Zoning, or Chapter
186, Subdivision of Land, of the Village Code and any construction of buildings, structures, drainage facilities, highways, parks or utilities to be undertaken in connection with any of the foregoing.
DRAINAGE FACILITY
All surface water drainage facilities, including, but not
limited to, catch basins, detention and retention ponds or basins,
storm sewers and their appurtenances, drainage swales and ditches
and any easements through or over which said facilities may be constructed
or installed in or in connection with a development.
HIGHWAY
Includes a street, avenue, road, square, place, alley, lane,
boulevard, concourse, parkway, driveway, overpass and underpass, or
other form of public right-of-way, and also includes all items appurtenant
thereto, including, but not limited to, bridges, culverts, ditches,
shoulders and sidewalks in or in connection with a development.
PARK
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable
television facilities and any easements through or over which said
facilities may be constructed or installed in or in connection with
a development.
VILLAGE
The Village of Caledonia, the Village Planning Board, Zoning
Board of Appeals, Code Enforcement Officer, or Village Board.
The provisions of this chapter shall be effective regarding
engineering and legal fees and other professional fees incurred from
this date forward on pending applications, after due notice to all
pending applicants.
Upon proper application to the Village Board, the Board may,
in its sole discretion, upon good cause shown, waive any or all of
said fees, which waiver shall be effective only by resolution duly
adopted by the Board.
Should any provision of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This article shall be effective upon its filing with the Secretary
of State.