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Village of Waverly, NY
Tioga County
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[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 2-13-1990 as L.L. No. 1-1990. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure for the financing and construction of commercial revitalization in the business district of the Village of Waverly with the ultimate goal of promoting the public health and welfare by correcting and renewing the facades of buildings in the business district. The village, acting as an organizing force of a coordinated effort, will encourage uniformity, attractiveness, expeditiousness and the increased well-being of the residents of the Village of Waverly. The Commercial Revitalization Land Use Project shall be referred to in this chapter as the "project."
For the purposes of this chapter, the business district shall include the properties in the following locations:
A. 
Beginning at the intersection of Pennsylvania Avenue and Broad Street, continuing thence west on Broad Street to a point midway between Park Avenue and Waverly Street where they intersect with Broad Street, thence south to the south line of the property facing Broad Street, thence west to the southwest corner of Lot 50 (a point 70 feet east of the intersection of Broad Street and Fulton Street), continuing north to the center line of Broad Street, thence east to a point in the center line of Broad Street 128 feet east of the intersection of Fulton Street, thence north 138 feet, thence east to the center line of Waverly Street to a point 160 feet north of the center line of Broad Street, continuing thence 135 feet in a northeasterly direction to a point 160 feet north of the center line of Broad Street, continuing thence easterly down the center line of Depumpo Lane to the center line of Pennsylvania Avenue, thence south on Pennsylvania Avenue to the point of beginning.
The project will include street-front repairs and improvements for the properties specified above on the publicly visible portions.
A. 
The project shall loan funds to eligible property owners for facade improvements. The debt of the participant shall be considered an assessment, as defined in Village Law § 5-518 and this chapter.
B. 
Property owners who wish to participate in the project shall, if accepted, enter into repayment agreements with the Village of Waverly. Property owners who wish to participate shall apply by:
(1) 
Furnishing proof of ownership.
(2) 
Furnishing proof of liens and encumbrances.
(3) 
Submitting a construction drawing and estimates specifying eligible improvements and maximum costs.
(4) 
Submitting an acknowledgement that cost overruns and unapproved project work shall be paid by the property owner from funds other than those loaned through the project.
C. 
Property owners in the project shall:
(1) 
Submit a payment plan.
(2) 
Have the work completed in accordance with specifications of the application.
(3) 
Provide proof of completion and submit for inspection the completed work.
A. 
The collection of the special assessments levied against the owners of real property benefitting from the project will be in accordance with § 5-518 of the Village Law of the State of New York. Obligations shall be issued pursuant to the Local Finance Law for the total unpaid amount against each parcel of land.
B. 
The Board of Trustees shall annually levy the amount of the annual debt, unless the same shall have been repaid on a special assessment roll, and such amount shall be extended on such roll against the real property benefitted. The actual collection of special assessments, however, shall take place on a monthly basis.
Special assessments or loans which are not paid when due will incur a late charge of 5% per missed payment and will be subject to the same penalties which are imposed for the nonpayment of village real property taxes, as provided in the Real Property Tax Law of the State of New York. There shall be no relevy of unpaid installments due for the special assessment, rather, the unpaid installments will be collected in the same manner as unpaid real property taxes as set forth in the Real Property Tax Law.
At least 30 days before the end of the fiscal year, the officer or official charged with the collection of such special or local assessments shall transmit to the Board of Trustees a statement of all delinquent special assessments showing the amounts thereof with penalties computed to the first day of the month following the month in which the fiscal year commences, and thereafter, he shall not collect or receive payment of any such special assessment in default. The Board of Trustees shall include the amounts shown on such statement in the annual tax levy and such amounts shall be extended on the annual tax roll against the real properties concerned in a separate column. Such special assessments shall thereafter be deemed for the purposes of collection to be a part of the annual village tax and the assessment shall be deemed to have been canceled as of the date of the tax levy.
Revenue derived from the special assessments referred to above shall be credited to and maintained in a separate, special fund to be known as the "Project Fund." Moneys in said fund shall be used only for the purposes related to the project.
The Village of Waverly reserves the right to adopt from time to time whatever additional rules and regulations as it shall deem necessary and proper in connection with the Commercial Revitalization Land Use Project, which rules and regulations shall be, shall become and shall be construed as part of this chapter.