[Added 6-6-2023 by L.L. No. 4-2023]
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:
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:
Acceptance by the Village Board for the dedication of sidewalks,
highways, public rights-of-way, drainage facilities, parks, or utilities.
Rezoning of real property in the Village by the Village Board.
A certificate of occupancy from the Code Enforcement Officer
in connection with a development within the Village.
Any other application that shall require the review of an attorney
or an engineer or other professional retained by the Village.
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).
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.
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.
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.
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.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
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.
The Village of Caledonia, the Village Planning Board, Zoning
Board of Appeals, Code Enforcement Officer, or Village Board.
A.
The applicant, for approval of any items set forth hereinabove at Subsections A through F of the definition of "applicant" in this article shall reimburse the Village for all reasonable and necessary engineering and legal expenses incurred by the Village in connection with the review and consideration of the application for such approval.
B.
A developer who constructs, or proposes to construct, one or more
highways, drainage facilities, utilities or parks within or in conjunction
with any development in the Village shall reimburse the Village for
all reasonable and necessary legal and engineering expenses incurred
by the Village in connection with the inspection and acceptance by
the Village of such highways, draining facilities, utilities and parks
and the dedication of same to the Village.
C.
Exemptions. The Village Board may make the determination to exempt
an application from reimbursements if deemed appropriate.
D.
Exceptions. Notwithstanding anything to the contrary contained in
this article, an applicant, as that term is defined in this article,
shall reimburse the Village for all reasonable and necessary costs
of publication.
A.
Simultaneously with the filing of an application as defined herein
and prior to the commencement of any construction of buildings, highways,
drainage facilities, utilities or parks therein, the applicant or
developer, as the case may be, shall deposit with the Village Mayor
a sum of money, as determined in the following section of this article,
which sum shall be used to pay the costs incurred by the Village for
engineering and legal services as described in this article.
B.
Upon receipt of such sums, the Village Mayor shall cause such monies
to be placed in a separate non-interest-bearing account in the name
of the Village and shall keep a separate record of all such monies
so deposited and the name of the applicant or developer and project
for which such sums were deposited.
C.
Upon receipt and approval by the Village Board of itemized vouchers
from an engineer and/or attorney for services rendered on behalf of
the Village pertaining to the application or development, the Village
Mayor shall cause such vouchers to be paid out of the monies so deposited
and shall furnish copies of such vouchers to the applicant or developer
at the same time such vouchers are submitted to the Village.
D.
The Village Board shall review and audit all such vouchers and shall
approve payment of only such engineering and legal fees as are reasonable
and necessarily incurred by the Village in connection with the review,
consideration and approval of any application for development, and
the inspection of all construction and acceptance of highways, drainage
facilities, utilities and parks within or in conjunction with such
development. For purpose of the foregoing, a fee or part thereof is
reasonable in amount if it bears a reasonable relationship to the
average charge by engineers or attorneys to the Village for services
performed in connection with the approval or construction of a similar
development and, in this regard, the Village Board may take into consideration
the size, type and number of buildings, structures or facilities to
be constructed, the amount of time to complete the development, the
topography of the land on which such development is located, soil
conditions, surface water, drainage conditions, the nature and extent
of highways, drainage facilities, utilities and parks to be constructed
and any special conditions or considerations that the Village Board
may deem relevant; and a fee or part thereof is necessarily incurred
if it was charged by the engineer or attorney for a service which
was rendered in order to protect or promote the health, safety or
other vital interests of the residents of the Village, or to protect
public or private property from damage from uncontrolled surface water
runoff and other factors, and to assure the proper and timely construction
of highways, drainage facilities, utilities and parks, protect the
legal interests of the Village, including receipt by the Village of
good and proper title to dedicated highways and other facilities and
the avoidance of claims and liability, and such other interests as
the Village Board may deem relevant.
E.
If at any time during or after the processing of such application
or in the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks there shall be insufficient
monies on hand to the credit of such applicant or developer to pay
the approved vouchers in full, or if it shall reasonably appear to
the Village Mayor that such monies will be insufficient to meet vouchers
yet to be submitted, the Village Mayor shall cause the applicant or
developer to deposit additional sums as the Mayor deems necessary
or advisable in order to meet such expenses or anticipated expenses.
F.
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Village Mayor shall notify, as
applicable, the Chairman of the Planning Board, Village Board, Zoning
Board of Appeals and/or Village's Code Enforcement Officer of
such failure, and any review, approval, building permit or certificates
of occupancy may be withheld by the appropriate Board, officer or
employee of the Village until such monies are deposited.
G.
The issuance of a final certificate of occupancy shall not occur
unless and until all fees incurred hereunder have been paid in full.
H.
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, and after payment
of all approved vouchers submitted regarding such development, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
A.
The amount of the initial deposit for the various developments covered
by this article shall be as set forth in a schedule of deposits, established
from time to time, by resolution of the Village Board. Said schedule
shall remain in effect and shall apply to all applicants and developers
until amended or revised by subsequent resolution.
B.
The deposits required by this article shall be in addition to any
application fees as may be required by other laws, rules, regulations
or laws of the Village and shall only be used to offset the specific
expenses of the Village in connection with the application or development
and shall not be used to offset the Village's general expenses
of legal, engineering, and/or other professional services for the
several Boards of the Village, nor its general administration expenses.
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.
