Village of Oyster Bay Cove, NY Fees and Deposits

Chapter 320, Zoning: $12.

Code of the Village of Oyster Bay Cove: $80.

Chapter 283, Subdivision of Land: $9.

(Reserved)

§ 162-3 Building Department fees.

[Amended 8-17-1999 by L.L. No.1-1999; 3-10-2003; 1-16-2007 by L.L. No. 1-2007; 3-29-2012 by L.L. No. 1-2012]

An applicant shall pay to the Village a fee as determined by the following schedule for the issuance of a building permit or certificate of occupancy.

Building permit. Upon the filing of an application for a building permit, the following fees shall be payable:

Initial building permit application fee: $150.

Additional fee for all new structures, additions and alterations: $13 per $1,000 of the cost of construction as determined by the R.S. Means Construction Index.

[Amended 11-16-2021 by L.L. No. 2-2021]

Notwithstanding the fees set forth in Subsection A(1) above, the following minimum permit fee shall be applicable to every building permit as follows:

Swimming pools, tennis courts and recreational courts: not less than $750.

Spas and hot tubs: $500.

(c)

All other accessory structures, including, but not limited to, propane tanks, heaters and generators: not less than $250.

(d)

Plumbing fixtures: $25.

If within one year from the date of the issuance of the building permit or special use permit a certificate of occupancy is not issued, the permit must be renewed prior to its expiration date, or the permit shall be deemed to have expired. Permits that are renewed prior to their expiration dates may be extended for a one-year period upon the payment of a renewal fee. No permit may be renewed more than once, unless authorized by the Board of Trustees.

Renewal permit fee: $200.

Any permit that is renewed within 90 days after its expiration: $500.

(c)

All permit fees shall be doubled for work performed without the benefit of a permit.

Certificate of occupancy, which shall be payable at the time of issuance of the building permit or special use permit: $100.

(5)

Duplicate copy of certificate of occupancy or Building Department search or examination of records: $50.

(6)

Demolition permit: $100.

(7)

Waiver of survey for small projects, as determined appropriate by the Building Inspector, that would otherwise require a property survey or topographical survey when the survey cost would exceed the cost of the proposed project: $75.

(8)

The Board of Trustees may, by resolution, establish minimum cost standards for the computation of construction value in establishing permit fees based upon current building costs and profits.

Engineering, site and drainage review.

Engineering and drainage review by the Village Engineer shall be mandatory and shall be required for any proposed or existing construction which comes within the purview of Chapter 320, Zoning, and/or the Code of the Village of Oyster Bay Cove. All such reviews shall be assessed subject to the following minimum assessments:

New single-family dwelling: a review fee of not less than $1,250.

All other new construction: a review fee of not less than $750.

Engineering and drainage review for any activity that comes within the purview of Chapter 156, Excavations: a review fee of not less than $750.

Additional minimum fee for each item set forth in Subsections A and B(1) and (2) above where construction or site alteration has taken place prior to the issuance of a permit: $2,500.

The applicant shall pay the initial minimum assessment fee in advance of any engineering and/or drainage review as required above. If the charges exceed the initial maximum deposit, the balance shall be paid to the Village before any certificate of occupancy is issued.

Preapplication review.

Notwithstanding any other provision of this chapter, when, in the determination of the Building Inspector, the scope of work proposed in any permit application exceeds the engineering review required in Subsection B of this § 162-3 as hereinbefore set forth and necessitates a review by the Village Engineer, then all materials submitted to the Building Inspector by the applicant shall be provided by the Building Inspector to the Village Engineer. The Village Engineer shall review same and provide the Building Inspector with a written report detailing his/her findings and, where applicable, proposed revisions to the application as found to be necessary. No permit shall be issued prior to the completion of that review by the Village Engineer.

An estimated charge for such preapplication review shall be made in writing and given to the applicant before any preapplication review commences. Should the applicant wish to proceed, then all such estimated charges shall be fully paid by the applicant prior to the commencement of the preapplication review. Where the actual costs incurred by the Village as a result of the preapplication review exceed the estimated charges, all such sums shall then be due and payable to the Village, regardless of whether any permit is actually issued. Such costs, if unpaid after 90 days, after due and proper notice to the applicant, shall be imposed as a lien upon the property.

All charges and costs associated with the preapplication review shall be separate and apart from any other fee provided for in this chapter.

§ 162-4 Board of Zoning Appeals fees, charges and deposits.

[Amended 8-17-1999 by L.L. No. 1-1999; 3-29-2012 by L.L. No. 1-2012]

Every appellant or applicant to the Village's Zoning Board of Appeals shall pay the following filing fees:

Special use permits.

Application for special use permit and amendments thereto: $2,500.

Deposit. In addition to the above filing fee for an application for a special use permit and amendments thereto, a hearing charge deposit of $2,500 shall be submitted.

Appeals and other matters.

Appeals and all other matters: $1,000.

Deposit. In addition to the above filing fee for an appeal or another matter, a hearing deposit of $1,500 shall be submitted.

General appearance fee for discussion with Board: $750 per appearance.

The required filing fee and hearing deposit must be paid to the Village before a hearing will be noticed.

Hearing charges.

In addition to the above filing fees, on every appeal, application or amendment to a special use permit for which a public hearing or meeting is held there shall be paid to the Village the actual and necessary charges which have been incurred by the Village in connection with the proceeding, up to the maximum amounts indicated below:

Appeals.

[1]

Engineering, environmental or other consultants: $10,000 each.

[2]

Environmental review:

[a]

Consultants: $25,000.

[b]

Legal: $25,000.

[3]

Stenographic minutes of hearings and meetings: actual costs.

[4]

Advertising and administrative charges: actual costs.

[5]

Recording charges: actual costs.

[6]

Legal fees: $10,000.

All hearing charges shall be paid to the Village before the Zoning Board of Appeals shall file its decision.

Hearing charges due shall be deducted from the hearing deposit by the Village Clerk/Treasurer. If the hearing charges for which the appellant or applicant is responsible exceed the deposit, the balance due shall be paid to the Village before the issuance of a building permit.

Minimum hearing deposit to be maintained by the applicant during proceeding: $500.

Fees and costs assessed. Any fees and costs herein required which remain unpaid for more than 90 days after they are due and billed shall be assessed against the property which is the subject of the application or appeal, which assessment shall be included in the next succeeding annual bill for Village taxes for said property and shall become a lien thereon when such taxes become a lien.

§ 162-5 Planning Board fees and charges.

[Amended 8-17-1999 by L.L. No. 1-1999; 3-10-2003; 3-29-2012 by L.L. No. 1-2012]

Each applicant to the Village's Planning Board for approval of a partitioning or a subdivision as defined in Chapter 283, Subdivision of Land, shall pay to the Village fees and charges determined by the following schedule:

Filing fees.

Preliminary approval: $1,000 per lot.

Final approval: $750 per lot.

General discussion before Planning Board: $750 per meeting.

Public hearing adjourned by applicant: $750 per adjourned hearing.

Hearing deposit.

Preliminary hearing: $5,000, plus $500 per building lot.

Final hearing: $5,000, plus $750 per building lot.

Minimum hearing deposit to be maintained by the applicant during the proceeding: $2,500.

Each applicant to the Village's Planning Board shall be responsible for all expenses incurred by the Village for engineering, inspection, consulting, stenographic, administrative and legal expenses. Village expenses shall be deducted from the hearing deposit, and, to the extent that the charges for the above services incurred by the Village exceed the hearing deposit, the applicant shall be responsible for payment of all additional sums incurred by the Village, except for legal fees which shall be limited to the following maximum amounts:

General Planning Board matters for partitionings or subdivisions with:

Fewer than five lots: $25,000.

Five or more but fewer than 10 lots: $50,000.

(c)

Ten or more lots: $100,000.

Environmental review regardless of number of lots: $75,000.

Miscellaneous Planning Board fees. For all other applications to the Planning Board, including site plan review:

Filing fee: $500.

Deposit. In addition to the above filing fee for a site plan review application, or any other application to the Planning Board, a hearing deposit of $2,500 shall be submitted to pay for the costs incurred by the Village for engineering, inspection, consulting, stenographic, administrative and legal expenses.

Park and Recreation Fund. In approving any application for subdivision of property for residential units, the Planning Board shall make a determination whether to require location of parks or other recreational land, or payment of $15,000 per lot in lieu of such location, pursuant to Village Law § 7-730.

Land outside Village. Filing fees and minimum engineering and inspection fees for partitioning and subdivision of land outside the Village for which Village Planning Board approval is required by law shall be in an amount equal to 1/2 of the required filing fees enumerated in Subsections A, B and C of this section for properties located within the Village.

Consideration of application. No hearing shall be held and no decision shall be rendered by the Planning Board on any application for preliminary or final approval of a proposed partitioning or subdivision, nor shall any approved plat be signed, unless all required fees and costs, to the extent that the latter are then determined, shall have been paid.

Discharge of bond. No bond filed for the completion of the public improvements on a proposed subdivision shall be discharged until all fees and costs as herein required shall have been paid, and it is further required that such release must be approved by a resolution of the Village Board of Trustees, which shall only take place after a recommendation to discharge a bond has been made to the Board of Trustees by a majority vote of the Planning Board.

Fees and costs assessed. Any fees and costs herein required which remain unpaid for more than 90 days after they are due and billed shall be assessed against the property which is the subject of the application, which assessment shall be included in the next succeeding annual bill for Village taxes for said property and shall become a lien thereon when such taxes become a lien.

§ 162-6 Refund of fees.

[Amended 3-29-2012 by L.L. No. 1-2012]

No fees and costs required by §§ 162-3, 162-4 and 162-5 shall be returned or refunded, except that the amount by which the above deposit exceeds such costs shall be refunded to the applicant, provided that he/she shall, within one year after the decision on the application is filed, make a written demand for such refund upon the Clerk. All unclaimed excess deposits shall become the property of the Village after the expiration of one year from such filing date.

If the construction of a building is discontinued or abandoned, the Trustees may authorize a refund of the building permit fee and all of the certificate of occupancy fee less the Village's actual costs of review and inspection as certified to the Board of Trustees by the Building Inspector.

If an application to the Village's Planning Board is discontinued or abandoned, the Trustees may authorize a refund of the legal fees and engineering fees paid in connection with said application less the Village's actual costs for engineering review and inspection and legal fees as certified to the Board of Trustees by the Chairman of the Planning Board.

§ 162-7 Miscellaneous fees.

Returned check fee: $20.

[Added 3-29-2012 by L.L. No. 1-2012[1]]

[1]

Editor's Note: Former Subsection A, Heavy trucking fee, was deleted pursuant to this local law.

Tow car permit: $100 per calendar year; $50 if permit expires within six months.

Street openings.

[Amended 3-10-2003]

Permit fee: $150.

Peddling licenses.

Investigation fee: $75.

License fee: $25.

Tag sale permit: $25.

[Added 1-16-2007 by L.L. No. 1-2007]

Parade permit fee: $150.

Auction sale permit fee:

Ten items or fewer: $500.

Eleven or more items: 3% of gross receipts but in no instance less than $1,500.

Burglar and fire alarm.

Burglar alarm permit fee: $25.

Fire alarm permit fee: $25.

Sticker permit fee for boat or other aquatic type vessel in a rack at the Village recreation area: $15 annually.

Impound fee for items left at the Village Beach: $25.

[Amended 3-29-2012 by L.L. No. 1-2012]

Street cleanup and cash deposit: $500.

Beach parking permit: $25.

Mooring permit fee.

Resident: $25.