[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay. 5-16-2016 by L.L. No. 4-2016. Amendments noted where applicable.]
Editor’s Note: Former Ch. 28, Fees, Reimbursement of Professional Consultant, adopted 10-14-1996 by L.L. No. 2-1996, as amended, was repealed 5-16-2016 by L.L. No. 5-2016.
The Village of Huntington Bay incurs significant expenses as part of the consideration process of certain land use matters reviewed by the various boards of the Village, and it is desirable that reimbursement for these expenses be made to the Village by the applicant seeking relief. It is the intention of this chapter to establish a schedule of deposits and fees to assure reimbursement of anticipated costs to be incurred by the Village in considering a specific application, based upon past-incurred expenses for similar matters.
On all land use applications to the Board of Trustees and Board of Appeals, the applicant shall be liable to the Village and shall pay the following costs which may be incurred by the Village in processing the application. These costs may include, but are not limited to:
Notwithstanding the foregoing, applicants shall not be responsible for advertising, stenographic fees, engineering costs or legal fees for applications to the Board of Appeals or Board of Trustees for applications proposing a new or reconstructed residential principal or accessory building or structure having a footprint, floor area and/or lot area coverage of 500 square feet or less, or an addition to a lawfully existing residential principal or accessory building or structure which increases the footprint, floor area and/or lot area coverage by 500 square feet or less.
All of the foregoing costs shall be consistent with the costs for the services then prevailing in the community.
All land use applications to the Board of Trustees and Board of Appeals shall be accompanied by a nonrefundable filing fee in an amount established by resolution of the Board of Trustees, and amended from time to time.
[Amended 2-13-2017 by L.L. No. 1-2017]
In addition to the filing fees established in this chapter, certain land use applications to the Board of Trustees and Board of Appeals shall be accompanied by a refundable deposit in an amount established by resolution of the Board of Trustees, and amended from time to time, which shall be deposited by the Village Clerk in an account to be used to defray the actual costs or which have been necessarily and actually incurred by the Village in the processing and review of said application.
Upon application for site plan approval or variance, if the Village Engineer determines that the proposed construction has the potential to cause damage to Village or private property, the applicant shall deposit, in an amount determined by the Village Engineer, a sum which shall be sufficient to ensure the protection of the Village or private property involved in an amount not less than $5,000.
In the event that Village or private property is damaged during the course of construction in connection with a building permit issued following the granting of a variance or site plan approval, the Village shall request that the owner repair the damage in a good and workmanlike manner, meeting all Village standards. In the event that the owner of the property does not repair the Village property as aforesaid, the Village may make the necessary repairs and reimburse itself for the reasonable costs of said repairs from any deposit received, provided that the Village notifies the property owner of its intention to make the repairs and the property owner does not make the repairs within 10 days. The Village reserves the right, without waiving its entitlement herein to reimbursement, to correct, without waiting the ten-day period, any condition deemed by the Village to be a danger to the public health, safety and welfare and to repair and resurface all openings in public roads.
The requirements of this subsection may be waived or modified by the Board of Trustees upon application by the property owner or his or her designee.
In the event the deposits required under this chapter are insufficient to cover the actual costs incurred, then the applicant shall, at such time as may be fixed by the appropriate board or administrative official, as the case may be, submit an additional deposit, the amount of which shall be established by the appropriate board or official, to the Village in an amount sufficient to defray the anticipated additional cost of items enumerated in § 28-2 above.
In the event that the amount of the deposit shall exceed the actual cost at the conclusion of the particular project, the unused portion of the deposit shall be returned to the applicant upon the issuance of a certificate of occupancy or certificate of completion, provided that the applicant shall, within six months thereof, file with the Village Clerk a demand for such refund. All unclaimed deposits shall become the property of the Village one year after the filing of the final determination by the Village.
Legal fees under this chapter shall in no event exceed $7,500, unless it is in connection with a subdivision of real property, change of zone, or any nonresidential use, in which event legal fees shall not exceed $25,000.
No action shall be taken by any Village board or by any Village official on any application subject to the requirements of this chapter, including the issuance of a building permit or certificate of occupancy, unless and until all fees and deposits, including additional deposits, required hereunder shall have been paid in full or as modified by the Board of Trustees pursuant to § 28-7. Any costs under § 28-2 which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the Village real estate tax levy and shall become a lien against the property. The applicant shall have an opportunity to be heard at a public hearing by the Board of Trustees, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
In the event that any fee or deposit established in this chapter creates an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit in its legislative discretion, after appropriate hearing.