[HISTORY: Adopted by the Board of Trustees of the Village of Walden as indicated in article histories. Amendments noted where applicable.]
Article I Land Use and Development Fee Procedure
[Adopted 11-8-1988 by L.L. No. 6-1988 (Ch. 6, Art. I, of the 1982 Code)]
Editor's Note: This local law also repealed former Ch. 71, Fees, adopted 4-22-1986 as Section 1 of L.L. No. 5-1986.
The Village of Walden incurs significant expenses in the operation of the Planning Board, the Zoning Board of Appeals and the office of the Building Inspector.
These expenses include, but are not limited to, administrative, legal and engineering costs.
Administrative costs include, but are not limited to, processing applications, consultations among municipal officers and officials regarding the fact and circumstances of the application, preparation of hearing notices, publication of hearing notices, providing notice to other governmental agencies, preparation of affidavits of posting and publication, preparation and maintenance of official records regarding the application and municipal review of the application, testimony by municipal officials at public hearings, processing of resolutions and determinations, filing fees and miscellaneous services and disbursements.
Legal costs include, but are not limited to, application review, review and analysis of applicable zoning law provisions, review and analysis of applicable subdivision regulations, preparation of hearing notices, attendance at meetings and public hearings, preparation of resolutions and determinations, preparation of state environmental quality review determinations, review of bonds for public improvements, review of offers of dedication, review of easements, preparation and review of agreements, review of deeds and miscellaneous services and disbursements.
Engineering costs include review of plans at various stages, analysis of public improvements, preparation of reports, design analysis, inspection fees, preparation of improvement costs estimates, examination of property descriptions and miscellaneous services and disbursements.
When these expenses are occasioned in connection with an appeal, application or petition made by an applicant to the Village or an instrumentality of the Village, then it is proper and in the public interest for the applicant to bear the cost of these expenses.
Unless otherwise specifically provided in this article or a subsequent resolution establishing fees, the fees required pursuant to this article shall be paid in advance upon submission of an application, and the failure to submit the full payment required shall render the application incomplete.
The fees required pursuant to this article may be established by resolution of the Board of Trustees, and such resolution may be modified from time to time. Any such resolution or modification shall take effect after adoption and upon filing with the Village Clerk and shall apply to all applications filed thereafter, including pending applications.
Except in the case of area variances, the fees established pursuant to this article shall be deemed to be minimum fees, and any additional expenses actually incurred by the Village for professional consultations, hearing notices and other nonministerial expenses shall be imposed on the applicant and paid prior to the endorsement of an approved subdivision plat or site plan or the issuance of any building permit or the filing of any applicable local law with the Secretary of State.
Editor's Note: A schedule of fees is available in the office of the Village Clerk.
Fees shall be established for the following Zoning Board of Appeals matters:
Fees shall be established for the following Planning Board matters:
Whenever, in connection with an application or petition, a local law is necessary or appropriate to implement the benefit or relief sought or to regulate conditions occasioned by the granting of an approval or approvals, the total actual expenses incurred by the Village in connection with the preparation and consideration of a proposed local law shall be borne by the applicant. The minimum fees established by resolution shall be paid by the applicant upon the earlier of submission of a petition, if applicable, prior to the endorsement of an approved subdivision plat or site plan, the issuance of any building permit or the filing of any applicable local law with the Secretary of State.
If the administrative or other expenses of the Village exceed the amount deposited pursuant to this article, the balance shall be paid by the applicant prior to the endorsement of any subdivision plat or site plan or the issuance of any building permit or the filing of any applicable local law with the Secretary of State.
Fees shall be established for the following activities of the Building Inspector:
Floodplain development permits.
Fees shall be established for freshwater wetlands application and/or permit fees.
Whenever an extension is necessary to prevent an approval from lapsing or becoming otherwise void, the first such request for an extension shall be processed at no charge, and the second and each subsequent request for an extension shall be processed only upon prior payment of fees established by resolution of the Board of Trustees.
No abatement of fees shall be granted as a result of an applicant seeking more than one approval or submitting more than one application in connection with a particular project.
Whenever environmental analysis is required pursuant to the provisions of the State Environmental Quality Review Act (SEQRA), or any local law implementing SEQRA, all expenses relating to the environmental analysis shall be borne by the applicant.
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
Whenever an application is submitted to amend an approved plan or permit, it shall be deemed a new application, and the fees specified pursuant to this article shall apply; provided, however, that in the case of an amendment to a subdivision plat, the fees shall be based on the number of lots modified or affected by the amendment, and provided further that in no event shall the fees due on a subdivision amendment application be less than the minimum provided for a minor or major subdivision, respectively.
[Added 6-21-2016 by L.L. No. 6-2016]
The fees and expenses due and payable under this article, if not paid in the time required, shall be a lien against the real property which is or was the subject of the application that generated the imposition of fees authorized by this article. The amount of such fees and expenses, if not paid in the time required, may be assessed and levied against such real property and collected in the same manner as real property taxes.