[Adopted 8-6-1979 by L.L. No. 9-1979
(Ch. 12 of the 1972 Code)]
This article shall be known as "Fiscal Officer Service Charge for Handling Funds and Coupons" and shall be Chapter
137, Article
I, of the Code of the Village of East Aurora.
Since the Fiscal Officer of the Village of East Aurora is required to
devote special time, attention and effort to the receiving, handling and disbursing
of funds and coupons pursuant to § 106 of the General Municipal
Law of the State of New York in the event that a contractor elects to withdraw
the whole or any portion of amounts retained from payments to such contractor
upon depositing certain bonds pursuant to said § 106 of the said
General Municipal Law, this article is enacted to authorize such Fiscal Officer
of the Village of East Aurora to impose a service charge for receiving, handling
and disbursing such funds and coupons as authorized by § 106-a of
the said General Municipal Law.
The Fiscal Officer of the Village of East Aurora, New York shall impose
upon each contractor a service charge equal to 1/10 of the current Federal
Reserve discount rate of the Federal Reserve Bank of New York, pertaining
to loans to members of such Federal Reserve Bank, upon all funds received,
retained and disbursed by such Fiscal Officer, including all interest and
income thereon and all interest and income on obligations deposited by such
contractor withdrawing the whole or any portion of retained funds pursuant
to the provisions of § 106 of the General Municipal Law of the State
of New York. The said Fiscal Officer of the Village of East Aurora, New York,
shall impose such service charge at the time such funds, including such income
and interest thereon and the value of coupons on coupon bonds so deposited,
are delivered to the contractor depositing such bonds with the Village of
East Aurora pursuant to said § 106 of the General Municipal Law
of the State of New York.
[Adopted 5-20-1985 by L.L. No. 8-1985
(Ch. 11 of the 1972 Code)]
Notwithstanding any other provisions of law, the following fees shall
be applicable in the Village of East Aurora.
A. Fee classification.
(1) The filing fee is to be paid with filing of any application.
(2) The permit fee is to be paid upon the issuance of the
permit.
(3) Public hearing costs are to be paid upon completion of
the service.
(4) The service fee is to be paid upon completion of the
service.
(5) Fines or penalties are paid as established by the authority
having jurisdiction.
B. Payment shall be made to and a receipt issued by the
Village Treasurer or such other individual who is authorized by law to receive
such payment and/or issue such receipt.
[Amended 3-14-2006 by L.L. No. 1-2006]
A filing fee as set from time to time by resolution of the Village Board
shall accompany all applications for all types of permits. The filing fee
shall not be refundable.
[Amended 5-5-1986 by L.L. No. 13-1986; 1-8-1990
by L.L. No. 2-1990; 2-19-1990 by L.L.
No. 8-1990; 11-4-1991 by L.L. No. 7-1991; 6-12-1995
by L.L. No. 3-1995; 4-19-1999 by L.L.
No. 4-1999; 3-14-2006 by L.L. No. 1-2006]
Permit fees as set from time to time by resolution of the Board of Trustees
shall be paid upon the issuance of required permits. The current fee schedule
is on file in the Village offices. No permit fee hereunder shall be so applied
as to cause an undue burden upon interstate commerce. If any permittee or
applicant shall claim that the fees required or paid place an undue burden
upon interstate commerce, he may apply to the Mayor for an adjustment of the
fees that it will not be discriminatory, unreasonable or unfair to such commerce.
The Mayor shall then conduct an investigation and shall make findings of fact
from which he shall determine whether the fee fixed by this article is unfair,
unreasonable or discriminatory as to the applicant's business and shall
fix for the applicant as a permit fee an amount that is fair, reasonable and
nondiscriminatory or, if the fee has been paid, shall order a refund of the
amount over and above the amount fixed. The fee may be fixed upon a percentage
of gross sales or any other calculations which will assure that the fee assessed
will be uniform with that assessed upon businesses of a like nature, so long
as the amount assessed does not exceed the fees prescribed in this article.
For this purpose, the Mayor may require the applicant to furnish him with
such sworn statements as to the gross sales of his business as will provide
the basis for reaching a conclusion as to the merits of the applicant's
claim.
[Added 3-14-2006 by L.L. No. 1-2006]
When the Village of East Aurora has entered into an intermunicipal agreement
to perform certain services, fees for said services will be established by
that government or agency, and a copy of the fees shall be filed with the
Village of East Aurora on an annual basis.