[Adopted 1-21-1997 by L.L. No. 2-1997]
[Amended 3-15-1999 by L.L. No. 1-1999]
A.
The Board of Trustees of the Incorporated Village
of Old Westbury (the Board) hereby finds that the projected residential
and nonresidential growth of the Village of Old Westbury (the Village)
exceeds the available water resources and municipal services necessary
to meet the demands of such projected growth. It is currently estimated
that additional water supply facilities will be required to meet the
Village's domestic demands and the demands for fire protection.
B.
Further, in order to ensure that essential Village
water services are available to meet the needs, including fire protection,
for all future development, capital improvements to the Village's
water services will be necessary.
C.
Pursuant to §§ 7-725-a, 7-725-b and
7-730 of the Village Law, the Board is empowered to condition site
plan, special use and subdivision approval; however, the collection
of a capital improvement fee as a condition of approval, while consistent
with the Board's broad powers of review, is not specifically provided
for.
D.
It is therefore the intent of the Board, and purpose
of this article, to supersede and amend §§ 7-725-a,
7-725-b and 7-730 of the Village Law to authorize the Board to collect
a capital improvement fee as a condition of approval for all site
plans, including site plans for residential development on a single
lot, special use permits and subdivisions, to establish such a fee
and to impose such a fee to offset the cost to the Village associated
with providing the necessary municipal water services to all new development.
[Amended 3-15-1999 by L.L. No. 1-1999]
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 Board hereby amends and supersedes §§ 7-725-a,
7-725-b and 7-730 of the Village Law as they apply to the Village
as follows: The Board of Trustees, the Planning Board and the Board
of Appeals of the Incorporated Village of Old Westbury are authorized
to assess, impose and collect a fee for all new development within
their jurisdiction as a condition of their approval of site plans,
including site plans for residential development on a single lot,
special use permits and subdivisions, specifically for the purpose
of funding capital improvements to the Village water system as made
necessary by the impact of new development in the Village.
[Amended 3-15-1999 by L.L. No. 1-1999; 5-16-2016 by L.L. No. 3-2016; 10-17-2016 by L.L. No. 10-2016]
A.
Residential development.
(1)
All applicants to the Planning Board for approval of site plans for
residential development on a single lot, or subdivisions, shall deposit
a sum not to exceed $16,400 for each proposed lot or development on
an established lot (the residential fee). This sum is based on an
estimated peak daily water usage rate of 4,190 gallons per day.
(2)
With respect to existing lots, the fee shall be collected by the
Village Clerk at the time that the application is filed for site plan
approval, including site plans for residential development on a single
lot; with respect to a subdivision creating new lots, the fee shall
be collected by the Village Clerk prior to the signing of the final
subdivision map.
B.
Nonresidential development.
(1)
All applicants to the Board of Trustees and/or the Board of Appeals
for special use permits and all other sponsors and/or developers of
nonresidential projects in the Village shall deposit a sum to be calculated
pursuant to the following formula:
(a)
The fee shall equal the estimated peak daily water usage for
the proposed use, as determined by the Village Water Engineer, divided
by the maximum day demand of 4,190 gallons per day, multiplied by
the residential fee of $16,400.
(2)
In no event shall the nonresidential fee be less than the residential
fee.
(3)
With respect to special use permits and all other nonresidential
development, including, but not limited to, development by the State
University of New York and public and private schools in the Village,
the fee shall be paid at the conclusion of the review of the project
under the State Environmental Quality Review Act.
[Amended 3-15-1999 by L.L. No. 1-1999]
This article shall apply to all subdivision
applications; and to all site plan applications, including applications
for site plans for residential development on a single lot which is
located in a subdivision which has already been approved as of the
effective date of this article where no fee under this section has
been paid; and in connection with construction of a principal dwelling
on a lot in which no subdivision is necessary and no fee has been
paid under this section. This article shall also apply to all applications
for a special use permit and all other nonresidential development
in the Village.
The fee created herein shall be reviewed by
the Board of Trustees biannually.
All water fees collected pursuant to this article
shall be deposited into a capital improvement reserve fund to be established
pursuant to General Municipal Law § 6-c. All water fees
will be held in trust in this reserve fund and shall only be expended
upon capital improvements to the Village's public water services.
