Upon the filing of the application with the Village Clerk, there shall be paid a fee in the sum provided in Chapter 82, Fees and Deposits.
The Applicant shall be obligated to pay to the Village all costs of advertising, engineering, legal and other expenses of the Village in connection with obtaining the approval of the plat by the Planning Board. Upon the filing of the application, there shall be deposited with the Village Clerk the sum provided in Chapter 82, Fees and Deposits, to defray the aforesaid costs and expenses. If the deposit shall be insufficient to cover such costs and expenses, the balance shall be due and payable on or before the signing of the approval of the Planning Board on the plat. Any sum over and above such actual costs shall, by resolution of the Village Board, be returned to the person depositing the same either after the approval of the plat by the Planning Board or on certification of said person filing the plat that the plat be withdrawn.
The Applicant shall be obligated to pay to the Village all costs
for inspection, engineering, attorney's fees, publication and
other costs incurred by the Village in connection with the completion
of the improvements in the subdivision plat. There shall be deposited
with the Village Clerk at the time of the approval of a plat a sum
of not less than 6% of the estimated costs of the improvements required
by the Planning Board or such larger sum as, in the discretion of
the Planning Board, is required to reimburse the Village of Sands
Point, which sum shall be applied by the Village to the cost of inspection,
engineering, attorney's fees, publication and other costs. In
the event that the sum so deposited is insufficient to cover the aforesaid
costs, any additional sum required to reimburse the Village of Sands
Point must be paid before acceptance by the Village of the completion
of the improvements. Upon the completion of the improvements and discharge
of the bond, if a bond shall have been furnished, any sum so deposited
in excess of the actual costs shall be returned to the party making
the deposit upon the approval of the Village Board.
A.
The Village Board hereby finds that the Village no longer requires
deposits to be made into the Recreational Trust Fund to support the
operation, use and maintenance of the Village Club and its recreational
facilities. Therefore, to meet the needs for capital improvements
to the Village's infrastructure and the needs for making repairs
to capital improvements that are part of the Village's infrastructure,
including, but not limited to, the Village's water supply system,
transportation system, and the Village's physical plant, assets
and buildings, the monies that were payable to the Recreational Trust
Fund are now to be paid into a Village capital reserve fund or repair
reserve fund established by this chapter pursuant to General Municipal
Law §§ 6-c and 6-d.
B.
Further, the Village Board finds that funding will need to be authorized
for capital improvements for infrastructure and repairs to the capital
improvements necessary to maintain the infrastructure.
C.
Pursuant to § 7-730 of the Village Law, the Village Board
is empowered to condition subdivision approval on the payment of fees
for recreational infrastructure purposes, but the collection of fees
for capital reserve and repair funds as authorized by General Municipal
Law §§ 6-c and 6-d as a condition of approval, while
consistent with the Village Board's broad powers of review, is
not specifically provided for.
D.
It is therefore the intent of the Village Board, and purpose of this
article, to supersede § 7-730 of the Village Law to authorize
the Village Board to collect monies to deposit in a capital reserve
and repair reserve funds as a condition of approval for all subdivisions,
to establish such capital reserve and repair reserve funds and to
require such deposits to offset the cost to the Village associated
with providing the necessary capital improvements and repairs to municipal
infrastructure.
Pursuant to the authority set forth in Municipal Home Rule Law
§ 10, Subdivision 1, Paragraph (ii)(e)(3), and in accordance
with its powers set forth in § 10 of the Statute of Local
Governments, the Village Board hereby supersedes § 7-730
of the Village Law as it applies to the Village as follows: The Village
Board, the Planning Board, and the Board of Appeals of the Village
are authorized to assess, impose, and collect a fee for all new development
within their jurisdiction as a condition of their approval of subdivisions,
specifically for the purpose of funding capital improvements and repairs
to the Village's infrastructure, including, but not limited to,
the Village's water supply system, transportation system, the
Village's physical plant, assets and buildings.
As a condition to approval of a final plat, the Applicant shall
pay the Village the sum of $45,000 per lot. The Village reserves the
right to amend the amount of the fee from time to time by resolution
of the Village Board; such amendments shall be published as an appendix
to the Village code.
All fees collected pursuant to this article shall be deposited
into a Village capital reserve fund to be established pursuant to
General Municipal Law § 6-c for capital improvements for
the Village's infrastructure, or into a Village repair reserve
fund to be established pursuant to General Municipal Law § 6-d
for repairs to capital improvements for the Village's infrastructure.
All fees will be held in trust in these reserve funds and shall only
be expended upon capital improvements or repairs to capital improvements
for the Village's infrastructure. The Village Board shall have
the discretion to determine which fund to deposit the monies into,
and the expenditures from each fund, from time to time based on the
Village's needs.
This article shall apply to all subdivision applications in
the Village.
The fee created herein shall be reviewed by the Village Board
biannually.
Any sums deposited with the Village as provided in this chapter over and above the actual cost shall become the property of the Village if no demand is received by the Village for a refund within 60 days from the date of the approval of the Planning Board of the plat or from the date certification is received that the plat is withdrawn, with respect to deposits made pursuant to § 145-30 hereof, and within 60 days from the date of the completion of the improvement or, if a bond has been furnished, within 60 days from the date of the discharge of the bond. All demands for refunds must be in writing.
Anything to the contrary notwithstanding hereinbefore contained
or hereafter to be added to this chapter, wherever a fee of any sort
is established to be paid to the Village by an applicant, it shall
be considered as a minimum, and to the extent the expense to the Village
shall exceed that sum, the Applicant shall be liable to make up the
difference and to pay same to the Village. No permits pursuant to
such application shall be issued nor shall any certificates of occupancy
or other final documentation be issued until such additional sum is
paid.
