LEGAL NOTICE
PLEASE TAKE NOTICE THAT the Board of Trustees of the Inc. Village of South Floral Park will hold a PUBLIC HEARING on Thursday, May 6, 2021 at 8:00 PM. remotely, via videoconference only, with no “in person” location, as authorized pursuant to NYS Governor Cuomo’s Executive Order 202.1, to consider the adoption of the following:
Bill No. 2 of 2021, A local law authorizing the Village of South Floral Park to Amend § 90-15, “Special meetings of Trustees or Board of Appeals,” of Article I, “Building, Zoning and Street Fees,” of Chapter 90, “Fees,” of the Village Code, to authorize the Board of Trustees to Establish and Amend by Resolution Fees and Deposits required with respect to Applications to the Planning Board, the Zoning Board of Appeals and the Board of Trustees.
Be it enacted by the Board of Trustees of the Village of South Floral Park.
Section 1. Legislative Findings. The Board of Trustees of the Village of South Floral Park has determined that the health, safety and welfare of the Village and its residents are served by amending the Village Code to authorize the Board of Trustees, by resolution, to establish and amend from time to time the fees and deposits required to be made to the Village by applicants to the Planning Board, the Zoning Board of Appeals or the Board of Trustees. The Board notes that, presently, the Village Code, at § 90-15, “Special meetings of Trustees or Board of Appeals,” of Chapter 90, “Fees,” establishes a $300 fee for all special meetings of Trustees or Board of Appeals. The Board finds a lack of clarity with respect to the intent of § 90-15, and also notes that the fixed amount of the fee, established in 2009, does not reflect consistency with fees and other costs charged by other municipalities in Nassau County, New York, with respect to applications to zoning, planning and other land use boards. Furthermore, the current section makes no provision for an applicant for land use relief to a Village Board to be responsible for the costs and expenses that the Village incurs in processing, hearing and rendering determinations with respect to such applications, which is commonly required of applicants to land use boards of municipalities in Nassau County. The Board finds that, in order to enable the Village to regularly review the appropriateness of fees and deposits that it establishes, any amendments determined to be appropriate by the Board should be implemented by Board resolution, without the need to incur the time and expense associated with amending the Village Code, as presently is required with respect to the Code provision that establishes a fixed dollar amount, provided that, once the Board of Trustees initially establishes a schedule of fees and deposits pursuant to the authority of this Local Law, any subsequent proposed amendment that would increase the amount of any fee or deposit then required by more than 100% shall be considered at a duly advertised public hearing of the Board.
Section 2. Legislative Authority. This local law is adopted pursuant to authority granted to the Board of Trustees under the New York State Constitution and the laws of the State of New York, including, without limitation, New York State Municipal Home Rule Law §10.1., sub-clauses (i) and (ii)a.
Section 3. Amendment of Village Code. § 90-15, “Special meetings of Trustees or Board of Appeals,” of Article I, “Building, Zoning and Street Fees,” of Chapter 90, “Fees,” of the Code of the Village of South Floral Park, is hereby amended to read in its entirety as follows:
“§ 90-15. Applications to the Planning Board, the Zoning Board of Appeals and the Board of Trustees. The Board of Trustees may, by resolution, from time to time, establish and amend a schedule of fees and deposits, for all applications to the Planning Board, the Zoning Board of Appeals and the Board of Trustees for permits, approvals, waivers and consents of any kind, including, without limitation, applications for subdivision, partitioning, site plan approval, zoning variances, challenges to determinations by the Building Official, and special use and conditional use permits. In such schedule, the Board of Trustees may require any such applicant to maintain insurance policies with respect to a proposed land use project, and to reimburse the Village for all costs and expenses incurred by the Village in processing any such application, including, without limitation, the costs for publishing legal notices of hearings, and for legal, engineering and other professional consultants whose services are used by the Board to which such application is made in connection with such Board’s consideration of such application. After the Board of Trustees initially establishes a Schedule of Fees and Deposits by resolution pursuant to the authority herein granted, the amount of any fee or deposit in effect from time to time may not be increased by more than 100% without a public hearing on not less than seven days’ notice published in the official newspaper of the Village.”
Section 4. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State.
All interested parties may attend the Public Hearing remotely, via Zoom videoconference on May 6, 2021 at 8:00 p.m., using the Telephone number: 1-929-205-6099, Meeting ID: 711 968 9979, and Passcode: 458803.
The hearing will be recorded and later transcribed. All persons remotely accessing/attending the Public Hearing will be given an opportunity to be heard.
BY ORDER OF THE BOARD OF TRUSTEES
Mary Long,
Village Administrator
April 8, 2021
