[Adopted 3-13-2003 by L.L. No. 3-2003]
[Amended 1-22-2009; 8-11-2011; 1-26-2017; 6-8-2017; 10-11-2018]
The following schedule of building, planning
and zoning application and inspection fees is established. All fees
are due at the time of filing.
Type of Fee
|
Administrative Fee
|
Inspection Fee
| |||
---|---|---|---|---|---|
Building permits
| |||||
Residential buildings, additions, inground pools, sheds, porches/decks
|
$125, plus $0.65/square foot
|
Included in administrative fee
| |||
Residential aboveground pools
|
$125, plus $5/$1,000
|
Included in administrative fee
| |||
Commercial buildings less than 5,000 square feet
|
$150, plus $0.75/square foot
|
Included in administrative fee
| |||
Commercial buildings 5,001 to 10,000 square feet
|
$150, plus $0.85/square foot
|
Included in administrative fee
| |||
Commercial buildings greater than 10,000 square feet
|
$150, plus $0.20/square foot
|
5% fee or escrow by agreement1
| |||
Retaining walls
|
$150, plus $0.65/square foot of face
|
5% fee or escrow by agreement1
| |||
Planning Board application review
| |||||
Subdivisions and lot line adjustments and mergers
|
N/A application review
| ||||
Conservation analysis and sketch plan
|
N/A application review
| ||||
Less than 50 acres
|
$750
|
N/A application review
| |||
Over 50 acres
|
$900
|
N/A application review
| |||
Hamlet
|
$1,050
|
N/A application review
| |||
Preliminary
|
$750, plus $200/lot
|
N/A application review
| |||
Conditional final approval
|
$250 per 90-day extension
|
N/A application review
| |||
Final
|
$350, plus $150/lot
|
N/A application review
| |||
Escrow
|
$1,500/lot
|
N/A application review
| |||
Site plan or conditional use
| |||||
Application
|
$750, plus $150/du or $75/1,000 square feet of floor area
|
N/A application review
| |||
Escrow
|
$2,500, plus $2,500/10,000 square feet of floor area
|
N/A application review
| |||
Other applications
| |||||
Signs
|
$160, plus $2,000 escrow
| ||||
Wireless telecommunications applications
|
$1,500
| ||||
Escrow
|
$5,000
| ||||
Solar energy systems
|
$55 per $1,000 square feet of panels
| ||||
Escrow
|
$2,500 or 1/2 of the application fee, whichever is greater
| ||||
Site development
| |||||
Site development and related offsite work less than 1 acre
|
$2,000
|
Included in administrative fee
| |||
Site development and related offsite work greater than 1 acre
|
$2,000, plus $40 acre
|
5% fee or escrow by agreement1
| |||
Clearing and grading
|
$200
|
5% fee or escrow by agreement1
| |||
Zoning Board of Appeals
| |||||
Applications, residential
|
$450, plus $2,000 escrow
| ||||
Applications, commercial
|
$900, plus $3,000 escrow
| ||||
Municipal search
| |||||
Request for letter
|
$150
| ||||
Fire/fire safety inspections
|
$150
| ||||
Performed by the Code Enforcement Officer and/or an inspector
designated by the Code Enforcement Officer
|
$150 per hour of time expended
| ||||
Property maintenance inspections
| |||||
Performed by the Code Enforcement Officer and/or an inspector
designated by the Code Enforcement Officer
|
$150 per hour of time expended
| ||||
Operating permit
|
$150 each
|
NOTE:
| |
1
|
Since large developments can result in substantial financial
risk to the Town if the fee is insufficient to cover the costs of
inspections of the work, the percentage noted to be charged as a "fe"
is estimated to be sufficient to cover the costs that may be incurred
by the Town. To protect the Town from risk and to avoid overpayment
of nonrefundable "fees," the applicant/developer may enter into an
agreement with the Town, in a form acceptable to the Attorney for
the Town, whereby the Town's costs will be covered by an escrow account
funded by the applicant/developer based on an estimate provided by
the Town Engineer. Any unused balance in the escrow will be refunded
to the applicant/developer at the project conclusion. The costs to
be paid from the escrow account include all reasonable fees and costs
associated with the Town's inspection and field administration, including,
but not limited to, utility work, paving, grading, stormwater facilities,
curbing, walks, landscaping, fencing, roadways, project meetings,
code compliance plan reviews, project related inspection, special
inspections, and reports. The work may be performed by Town employees,
Town consultants, or third-party inspectors, including specialty firms,
as the type of work may require or be convenient for the Town. The
costs for office administration and enforcement will be paid from
the administration fee.
|
B.Â
Zoning amendments: $250.
C.Â
Inspection fees: an inspection fee equal to 4% of
the amount of construction cost of any public improvements, as reviewed
and approved by the Town Engineer, shall be paid to the Town prior
to the time that the Chairman of the Planning Board signs any final
plat for subdivision, site plan and/or conditional use.
A.Â
The schedule of fees provided in § 85-1 may be modified from time to time by resolution of the Town Board.
B.Â
This article and the schedule of application and inspection
fees shall be filed with the Town Clerk.
C.Â
Application and inspection fees. All reimbursement payments required by § 85-3 shall be in addition to any application or inspection fees as may be required by § 85-1 or by any other laws, provisions, regulations or codes of the Town and shall not be used to offset the Town's general expenses of engineering, legal and planning services for the several boards of the Town nor offset the Town's general administrative expenses.
A.Â
Reimbursement required. The applicant for approval of any land use or land development shall reimburse the Town for all of the Town's reasonable and necessary engineering, legal and planning fees and expenses incurred by the Town in connection with the review and/or approval of the application. Said fees and expenses are deemed application fees. Reimbursement shall be made in accordance with Subsection C of this section. For the purposes of this article, the term "land use or development" shall include, but not be limited to, a subdivision, site plan, conditional use permit, variance, interpretation, appeal to the Zoning Board of Appeals or zoning amendment; any modification or amendment of the foregoing; and compliance with the State Environmental Quality Review Act[1] (SEQR).
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.Â
SEQR review fees. SEQR review fees shall be governed
by 6 NYCRR § 617.13, of the state SEQR Regulations.
C.Â
Payment of fees and expenses.
(1)Â
The Town's engineering, legal and/or planning consultant
who render services pertaining to a land use or development application
shall submit monthly itemized vouchers to the Town Board reasonably
setting forth the services performed and amounts charged for such
services.
(2)Â
The Town Board shall review and audit all such vouchers
and shall determine, in its discretion, the engineering, legal and
planning fees which are reasonable in amount and necessarily incurred
by the Town in connection with the review and/or approval of the land
use or development application. A fee or expense or part thereof is
reasonable in amount if it bears a reasonable relationship to the
customary fee charged by engineers, attorneys or planners within the
region for services performed on behalf of applicants or reviewing
boards in connection with applications for land use or development.
The Town Board may also take into account any special conditions for
considerations as the Town Board may deem relevant. A fee and expense
or part thereof is necessarily incurred if it was charged by the engineer,
attorney or planner for a service which was rendered in order to protect
or promote the health, safety or welfare of the Town or its residents;
to protect public or private property or the environment from potential
damage which otherwise may be caused by the proposed land use or development;
to assure or assist in compliance with laws, regulations, standards
or codes which govern land use and development; to assure or assist
in the orderly development and sound planning of a land use or development;
to assure the proper and timely construction of public improvements,
parks and other facilities which affect the public welfare; to protect
the legal interests of the Town; to avoid claims against and liability
of the Town; or to promote such other interests that the Town Board
may specify as relevant.
(3)Â
After review and audit of such vouchers by the Town
Board, the Board shall provide to the applicant a copy of the voucher,
as audited. The applicant shall pay the total fees and expenses determined
reasonable and necessary by the Board within 30 days after mailing
or other delivery of the voucher to the applicant. If the applicant
fails to pay the full amount due within the time prescribed, the reviewing
board may refuse to further review or consider an application; to
hold a public hearing otherwise required or take any other action
in furtherance of the application; and to render a decision on the
application. All time frames for taking board action, holding a public
hearing or rendering any other determination related to the application,
including time frames which may relate to a default approval, shall
be tolled until such time as the applicant pays the full amount due.
(4)Â
Notwithstanding the thirty-day time period prescribed
herein, all reasonable and necessary fees and expenses incurred by
the Town with respect to the application shall be paid to the Town
either prior to the board's decision or in compliance with a condition
of approval. The determination as to the time of such full payment
shall be made by the reviewing board.
(5)Â
An applicant and the reviewing board may agree on
an initial sum of money for deposit with the Town, which monies shall
be drawn down by the Town to reimburse the Town for the fees and expenses
it incurs. Said monies shall be placed in a separate non-interest-bearing
account in the name of the Town and the Town shall keep a separate
record of the name of the applicant and project and of all such monies
so deposited. Monthly vouchers submitted by the Town's Engineer, Attorney,
and/or Planner shall be reviewed and audited by the Town Board and
provided to the applicant and the applicant may appeal said audited
amount as provided herein. If at any time during the application review
process it reasonably appears to the Town Supervisor that the remaining
monies on deposit will be insufficient to meet anticipated additional
fees and expenses, the applicant may agree to deposit additional monies
in the account to meet such anticipated fees and expenses.
D.Â
Appeals. An applicant may appeal in writing to the
Town Board for a reduction in the required reimbursement amount. An
appeal must be filed with the Town Board no later than 45 days after
mailing or other delivery to the applicant of the contested voucher.
Upon such appeal, the Town Board, in its discretion, may determine
that an applicant is not required to reimburse the Town for that part
of an engineering, legal or planning fee incurred by the Town for
services performed in connection with an application matter for which
the Town Board determines the applicant bears no responsibility and
which was beyond the reasonable control of the applicant. The Town
Board's determination shall be in writing and shall be made no later
than 45 days after receipt of the applicant's appeal. An applicant
may pay the full amount due without waiving its right to appeal.