[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst:
Art. I, at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 265.
The powers delegated to the Board of Trustees under the Village Law
provide authority for making an applicant for administrative or legislative
land use development approvals responsible for payment of the cost of consultants
retained by the village to review the adequacy and substance of such applications.
However, to the extent that the subject matter of this article may be
deemed inconsistent with the provisions of §§ 7-725-a, 7-728
and 7-730 of the Village Law and 6 NYCRR 617.17, the Board of Trustees finds
that the subject matter is appropriate for exercise of its powers to amend
and supersede provisions of the Village Law under Municipal Home Rule Law § 10,
Subdivision 1(ii)d(3), and § 22, Subdivision 1. The Board of Trustees
finds that these matters are of particular local concern and are within the
legislative powers vested under Municipal Home Rule Law § 10, Subdivisions
1(ii)a(12) and 1(ii)a(14). To the extent that the aforesaid sections of the
Village Law are deemed inconsistent with this article, they are superseded
or amended.
When an action that is subject to the State Environmental Quality Review
Act[1] involves all applications before the Board of Trustees, the Planning
Board or the Zoning Board of Appeals (hereinafter the "permitting authority"),
the permitting authority may, if such permitting authority is the lead agency
of the SEQRA review, charge a fee to the applicant to recover the actual cost
to the village of preparing and reviewing the Environmental Assessment Form
(EAF), Environmental Impact Statement (EIS), the SEQRA findings, notices and
any other requirements that are incidental to the SEQRA review process. Such
fees[2] may be imposed on the applicant by the lead agency and shall not
exceed the amounts allowable under 6 NYCRR 617.17(b) through (d) (the SEQRA
regulations). Such fees may be imposed on an applicant for costs incurred
by the village for environmental and planning services, professional engineering
services, historic preservation services, legal services and such other professional
services as, in the judgment of the lead agency, are appropriate.
Where an applicant submits an application for a rezoning, site plan,
subdivision, area or use variance or special use permit to the Board of Trustees,
Planning Board or the Zoning Board of Appeals for all action or approval that
is exempt or excluded from SEQRA, the Board of Trustees, the Planning Board
and the Zoning Board of Appeals may impose a fee on the applicant to compensate
the village for the actual cost of professional environmental, engineering,
planning, historic preservation, legal and other services tendered to the
permitting authority prior to a final determination of the application by
the permitting authority.[1]
[1]
Editor's Note: The fee schedule is on file in the village offices.
In all cases where the Board of Trustees, the Planning Board or the Zoning Board of Appeals approves a negative declaration in connection with an action governed by SEQRA, the actual cost of professional environmental, planning, engineering, historic preservation, legal and other services provided to the permitting authority between the time of receipt of the application and the final determination on the requested action by the permitting authority may be imposed on the applicant in the same manner as prescribed in § 125-3 herein. The costs to the applicant imposed under this section shall not exceed the limit set forth in 6 NYCRR 617.7(b) through (d).
Where the permitting authority possesses authority under SEQRA or this
article to impose costs or fees on an applicant as described in this article
and where such permitting authority determines that an applicant will be required
to make payments to the village as provided in this section, such permitting
authority may approve a resolution establishing the amount of money that the
applicant is initially required to deliver to the Village Clerk-Treasurer
for deposit in a Village of Cedarhurst noninterest-bearing escrow account
maintained by the Village of Cedarhurst for custody of funds collected pursuant
to this article.
The applicant may be required by the permitting authority from time
to time to deliver additional funds to the Village Clerk-Treasurer for deposit
in the escrow account if such additional funds are required to pay for services
rendered to the village or anticipated to be rendered.
The Board of Trustees, the Planning Board or the Zoning Board of Appeals,
as applicable, shall not make any final determination in a matter pending
before it until all applicable fees and reimbursable costs imposed by the
permitting authority on the applicant under authority of this article have
been paid to the Village Clerk-Treasurer with reasonable written proof of
such payment delivered to the Chairperson of the permitting authority or the
Village Attorney.
Escrow funds may be refunded to the applicant when the applicant formally
withdraws the application from consideration by the permitting authority,
and all actual reimbursable fees incurred by the village are first deducted
from the escrow account leaving an unencumbered balance that is not required
by the permitting authority to pay consulting costs attributable to the application
being withdrawn or being finally acted on.
The imposition of fees authorized in this action are in addition to
and not in place of such other fee schedules currently in force.
This article shall not apply to area variance applications for residential
uses on property entirely in a residential zone.
In the event of an applicant's failure to reimburse to the village
funds expended to consultants as provided herein, the following remedies may
apply:
A.
The Village of Cedarhurst may seek recovery of billed
and unpaid fees by bringing an action venued in a court of appropriate jurisdiction,
and the applicant shall pay the village's reasonable attorney fees in
prosecuting such action, in addition to any judgment.
B.
Alternatively and at the sole discretion of the Board
of Trustees, an applicant's failure to reimburse the village for fees
expended by the village may be collected by charging such sums against the
real property that is subject to the permit application and by adding that
charge to and making it a part of the next real property tax bill associated
with the subject property. Such charges shall be levied and collected at the
same time and in the same manner as general village taxes, and such fees shall
be paid by the Receiver of Taxes to the Village Clerk-Treasurer to be applied
to the escrow fund from which the costs for fees are paid. Prior to incorporating
such delinquent fees into the real property tax bill, the Village Clerk-Treasurer
shall send written notice to the applicant's address as contained in
the permit application and to the property owner, if other than the applicant,
at the owner's address of record as contained in the current assessment
roll. Such written notice shall be sent by the Village Clerk-Treasurer by
certified mail, return receipt requested. Such notice shall inform the owner
and applicant of the delinquent amount of fees owed to the village and shall
be mailed or delivered no later than 10 calendar days prior to the hearing
date set forth in the notice unless such time period is waived by the owner-applicant,
in writing. After the hearing, the controller shall be empowered to correct
any errors in the fees owed by the owner or applicant and to extend terms
of payment and adequate security of the debt and enter into a written agreement
with the owner or applicant to facilitate the payment in full of the fee.
A.
In the event of the adoption of a local law rezoning
a property by request of the owner, the Village Clerk-Treasurer shall determine
if all outstanding consultant fees have been paid by the applicant prior to
submitting such rezoning local law to the New York State Secretary of State.
Such local law shall not be filed with the Secretary of State until such outstanding
fees have been reimbursed to the village or the Village Clerk-Treasurer has
entered into a written agreement with the applicant extending the time of
payment of such fees.
B.
In the event of a site plan approved by the Planning
Board pursuant to Article 7 of the New York State Village Law, the Planning
Board Chairperson shall determine from the Village Clerk-Treasurer if all
outstanding consultant fees have been paid or the Village Clerk-Treasurer
has entered into a written agreement with the applicant extending the time
of payment of such fees prior to affixing his or her signature to the site
plan. All such outstanding consultant fees billed to the applicant during
the application process shall be paid in full to the village prior to the
Planning Board Chairperson affixing his or her signature to the site plan.
C.
In the event of a subdivision plat approved by the Planning
Board pursuant to § 7-728 of the Village Law of New York State,
the Planning Board Chairperson shall determine from the Village Clerk-Treasurer
if all outstanding consultant fees have been paid by the applicant or the
Village Clerk-Treasurer has entered into a written agreement with the applicant
extending the time of payment of such fees, prior to affixing his or her signature
to the final plat.
The Village Clerk-Treasurer shall set up escrow funds as part of a trust
and agency fund item whereby consultant fees, incurred by the village pursuant
to this article, shall be audited and paid from such special fund and not
the general fund. The Clerk-Treasurer is empowered to delegate to the Planning
Board Secretary and the Zoning Board Secretary and the bookkeeper the functions
of having custody of escrow account records.
This article shall apply to all land use permit applications pending
before the Board of Trustees, Planning Board or Zoning Board of Appeals at
the time when this article is filed with the Secretary of State. All consulting
fees incurred by the Village of Cedarhurst thereafter shall be paid as provided
herein.
