Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 12-21-1993 by L.L. No. 3-1993]
Notwithstanding the contrary provisions of any other article or chapter of this Code, any separate local law or any separate rule or regulation, resolution or order, the provisions of this article, including but not limited to any fees and charges adopted or approved by the Board of Trustees under and pursuant to §§ 1-31 and 1-32 of this article, shall prevail in legal force and effect over all such other provisions and shall be deemed and construed as superseding and controlling in all instances and in all pertinent respects.
A. 
The applicable fees and charges for any village-issuable license and permit, any copy or compendium of village records, minutes or legislative or administrative enactments or any certificate of use, approval or verification in connection therewith shall be those fees and charges set forth and appearing in § 1-32, Fee and Charge Schedule, annexed to and made a part of this chapter, the provisions of which may be adopted or approved and amended, from time to time, by resolution and order of the Board of Trustees.
B. 
All application fees for a village license, permit or certificate shall be due and payable to the village at the time such application is filed with the Village Clerk or, if otherwise required, with such other officer of the village charged with receiving and processing such application; and all such fees shall be nonrefundable. The separate annual or other periodic issuance fees or charges for such a license, permit or certificate shall be due and payable in full at the time of the issuance thereof and, unless otherwise authorized and directed by the provisions directly regulating or requiring such license, permit or certificate, there shall be no proration of any such fee or charge at the time of issuance, nor any subsequent refund, in whole or in part, of any such fee or charge already paid to the village; provided, however, that, in its discretion and upon good cause shown to its satisfaction, the Board of Trustees shall be authorized to waive, by written order, the whole or any portion of any otherwise applicable and duly adopted fee or charge, as set forth in § 1-32, Fee and Charge Schedule, of this article or in any supplementary schedule adopted and intended as a part thereof.
C. 
Whenever an application or petition for any license, permit or certificate shall require any special administrative research, investigation or other handling or processing over and above that regularly required for the routine issuance of such village license, permit or certificate, the Village Clerk or, if the designated issuing agent shall be other than such officer, such other issuing agent shall be entitled to receive and collect an additional special clerical processing fee, as set forth and established in § 1-32, Fee and Charge Schedule, of this article.
D. 
In any case in which a particular village license, permit or certificate shall be restricted to or reserved for issuance only to members of a specially designated group or class of persons or to residents of the village or a designated special zone or district therein, no such license, permit or certificate shall be issued to any person who does not fully qualify either as a member of such designated group or class or as a resident of the village or such special zone or district, as the case may be. The qualifications for membership in any such group or class and/or for residency in the village or any such special zone or district therein, as the case may be, shall be those qualifications established by the provisions authorizing or requiring the issuance of such license, permit or certificate and/or adopted and approved, from time to time, by rule or regulation, resolution or order of the Board of Trustees or such other board, commission or officer having jurisdiction of the subject matter thereof.
E. 
In the absence or insufficiency of comprehensive legislative provisions regulating or prescribing the manner of use, possession, placement, display, maintenance, transfer or renewal of any village license, permit or certificate, the Village Clerk or, if the designated issuing agent shall be other than such officer, such other issuing agent shall be authorized to adopt, prescribe, publish and enforce such rules, regulations and similar directives in connection therewith, not inconsistent with any legislative provisions having application to the premises, as such officer may deem necessary and desirable.
F. 
With respect to any village-issuable license, permit or certificate, it shall be solely the responsibility of every applicant or petitioner therefor and/or every holder thereof to complete, acknowledge and timely file, in proper form, all applications requesting the original issuance or renewal thereof; to obtain and submit all documentary or other evidence and establish and prove every material fact which may be prescribed or required thereby; to maintain any and all qualifications which may be prescribed as conditions thereof; and to pay in full every fee and charge which may be directed in connection therewith; and the failure or refusal of said responsible party to fully comply with any or all of the foregoing requirements shall constitute good and sufficient grounds for the village or its authorized agents to deny or dismiss that party's application or petition or to suspend, revoke or otherwise cancel and annul that party's license, permit or certificate, as the case may be.
[1]
Editor's Note: Former § 1-32, Fee and Charge Schedule, added 12-21-1993, last amended 6-20-2000, was removed from this chapter 7-2-2002 by resolution. For current Fee and Charge Schedule, see Ch. A198, Fees amd Charges.