Village of Liverpool, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 334.
Zoning — See Ch. 380.
[Adopted 8-18-2009 by L.L. No. 4-2009 (Ch. 62, Art. I, of the 1987 Code)]
A. 
The Village Board of Trustees hereby finds and determines that in order to protect and safeguard the Village of Liverpool, its residents and their property with respect to certain land developments and projects within the Village, all buildings and related improvements, highways, drainage facilities, utilities and parks within developments and projects should be designed and constructed in a competent and worker-like manner and in conformity with all applicable governmental laws, codes, rules and regulations and should be dedicated and conveyed to the Village in a legally sufficient manner. To assure the forgoing it is essential for the Village to have and to retain competent engineers and other professional consultants to review and approve plans and designs, make recommendations to the Village Board of Trustees, Planning Board and Zoning Board of Appeals, inspect the construction of highways, drainage facilities, utilities and parks to be dedicated to the Village and to recommend their acceptance by the Village and for the Village to have and retain competent attorneys to assist in the application review process, to negotiate and draft appropriate agreements with developers, to obtain, review and approve necessary securities, insurance and other legal documents, to review proposed deeds and easements to assure that the Village is obtaining good and proper title, to render legal opinions and to generally represent the Village with respect to any legal disputes and issues which may arise regarding such developments and projects. The cost of retaining such competent engineers, attorneys and other professional consultants should ultimately be paid by those who seek to benefit from such developments and projects, including variances, subdivision, site plan approvals, special use permits or uses rather than by general Village funds which are raised by assessments and/or general taxes paid by taxpayers of the Village.
B. 
This article is enacted by local law under the authority of Municipal Home Rule Law § 10, Subdivision 1(ii)a(12) and d(3), and the Municipal Home Rule Law § 22. To the extent that Village Law §§ 7-712-a, 7-712-b, 7-725-a, 7-725-b, 7-728 and 7-730 do not authorize the Village Board of Trustees, Village Planning Board and/or the Village Zoning Board of Appeals to require reimbursement to the Village of legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of applications for subdivision approval, for the approval, amendment or extension of a district and for the review and consideration of applications for variances, site plans, special use permits and other land use approvals under the Village Code, it is the expressed intent of the Village Board of Trustees to change and supersede such statutes. More particularly, to the extent that such statutes do not authorize the deferral or withholding of such consideration, review, acceptance or approvals in the event that such fees, expenses and costs are not paid to the Village, it is the expressed intent of the Village Board of Trustees to change and supersede Village Law §§ 7-712-a, 7-712-b, 7-725-a, 7-725-b, 7-728 and 7-730 to empower the Village to require such payment as a condition to such consideration, review, acceptance or approvals.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests the Liverpool Planning Board, Zoning Board of Appeals or Village Board of Trustees to approve a subdivision and/or to grant an application for a variance, subdivision, site plan approval, special use permit or other land use approval.
DEVELOPER
Any person, firm, partnership, association, corporation, company or organization of any kind who or which:
A. 
Constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with a development with the intent to convey or dedicate the same to the Village; or
B. 
Requests the Village to create a district; or
C. 
Requests the Village to approve an application for a variance, subdivision, site plan approval, special use permit or other land use approval.
DEVELOPMENT
Includes, but is not limited to, a subdivision or a district.
DISTRICT
Any special district under the Village Law, as applicable.
DRAINAGE FACILITY
All surface water drainage facilities, including but not limited to detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches and any easements through or over which such facilities may be constructed or installed within or in conjunction with a development.
HIGHWAY
Includes, but is not limited to, a street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass or underpass and also includes all items appurtenant thereto, including but not limited to bridges, culverts, ditches, shoulders and sidewalks within or in conjunction with a development.
MAYOR
Mayor of the Village of Liverpool.
PARK
An area of land located within a development which is open to the public and devoted to active or passive recreation.
PLANNING BOARD
The Planning Board of the Village of Liverpool.
SUBDIVISION
A subdivision of land as defined in the Village of Liverpool subdivision regulations.
UTILITIES
All water, sanitary sewer, gas, electric, telephone and cable television facilities and any easements through or over which said facilities may be constructed or installed within or in conjunction with a development.
VILLAGE
The Village of Liverpool.
VILLAGE BOARD OF TRUSTEES
The Village Board of Trustees of the Village of Liverpool.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Liverpool.
A. 
Subdivisions.
(1) 
An applicant for approval of a subdivision in the Village shall reimburse the Village for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of such subdivision.
(2) 
A developer who constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with an approved subdivision in the Village shall reimburse the Village for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the inspection and acceptance by the Village of such highways, drainage facilities, utilities and parks and the dedication of the same to the Village.
B. 
Districts.
(1) 
An applicant for approval, amendment or extension of a district in the Village, shall reimburse the Village for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of said application.
(2) 
A developer who constructs or proposes to construct one or more buildings, highways, drainage facilities, utilities or parks within or in conjunction with a district in the Village shall reimburse the Village for all reasonable and necessary legal, engineering, and other professional consulting fees and expenses incurred by the Village in connection with the granting of any building permit and in connection with the inspection and acceptance by the Village of such highways, drainage facilities, utilities and parks and the dedication of the same to the Village.
C. 
Variances, subdivisions, site plan approvals, special use permits and other land use approvals. An applicant or developer making application for the approval of a site plan or a special use permit or seeking approval of an application for a variance plan and/or other land use approval shall reimburse the Village for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of such application.
A. 
Simultaneously with the filing of an application for approval of a development or the filing of an application for approval of a variance, subdivision, site plan approval, special use permit or other land use approval, the applicant or developer, as the case may be, shall deposit with the Village Clerk a sum of money, as determined in accordance with the schedule of deposits fixed by the Village Board of Trustees pursuant to this article, which sum shall be used to pay the reasonable and necessary fees, expenses and costs incurred by the Village for legal, engineering and other professional consulting services as described by this article.
B. 
Upon receipt of such sums, the Village Clerk shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Village and shall keep or cause to be kept a separate record of all such monies so deposited and the name of the applicant or developer and the application and development for which such sums were deposited.
C. 
Upon receipt and approval by the Mayor of itemized vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Village pertaining to the development or the application for a variance, subdivision, site plan approval, special use permit or other land use approval, the Mayor shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Mayor shall furnish copies of such vouchers to the applicant or developer immediately after such vouchers are submitted to the Village.
D. 
The Mayor, on behalf of the Village and subject to audit and review by the Village Board of Trustees, shall review and audit all such vouchers and shall approve payment of only such legal, engineering, and/or other professional consulting fees, expenses and costs as are reasonable in amount and necessarily incurred by the Village in connection with the review, consideration and approval of developments, the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments, and the review, consideration and approval of applications for variances, subdivisions, site plan approvals, special use permits or other land use approvals. For purposes of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Village for services performed in connection with approval or construction of a similar development or project, and in this regard the Village may take into consideration the size, type, value and number of buildings to be constructed, the amount of time to complete the development or project, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations the Village may deem relevant. For purposes of the foregoing, a fee, expense or cost, or part thereof is necessarily incurred if it was charged by the engineer, attorney or other professional consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Village, protect public or private property from damage from uncontrolled surface water runoff and other factors, to assure the proper and timely construction of highways, drainage facilities, utilities and parks and otherwise to protect the legal interests of the Village, including receipt by the Village of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability and such other interests as the Village may deem relevant or to assure the proper and timely review and consideration of an application for a variance, subdivision, site plan approval, special use permit or other land use approval.
E. 
If, at any time during or after the processing of such application or the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks or during or after the processing of an application for a variance, subdivision, site plan approval, special use permit or other land use approval, there shall be insufficient monies on hand to the credit of such applicant or developer to pay the approved vouchers in full, or, if it shall reasonably appear to the Mayor that such monies will be insufficient to meet vouchers yet to be submitted, the Mayor shall cause the applicant or developer to deposit additional sums as the Mayor deems reasonably necessary or advisable in order to meet such fees, expenses and costs or anticipated fees, expenses and costs.
F. 
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Mayor shall notify the Village Board of Trustees and, as applicable, the Chair of the Planning Board, the Chair of the Zoning Appeals Board, and the Village's Codes Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy shall be withheld by the appropriate board, officer or employee of the Village until such monies are deposited.
G. 
After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, or any requested variance, subdivision, site plan approval, special use permit or other land use approval and after payment of all approved vouchers submitted regarding such development or application, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.
The amount of the initial deposit for the various developments and/or applications covered by this article shall be as set forth in a schedule of deposits established from time to time by the resolution of the Village Board of Trustees. The schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution of the Village Board of Trustees.
The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules, regulations or ordinances of the Village, the County of Onondaga, the State of New York or of any other body having jurisdiction with respect to a development, drainage facility, highway, utility or park or to an application for a variance, subdivision, site plan approval, special use permit or other land use approval and shall not be used to defray either the Village's general expenses for legal, engineering or other professional consulting fees, expenses or costs for the several boards of the Village or its general administration expenses.