[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 10-21-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The making of an alteration.
Any addition or modification in construction or arrangement
of structural supports or partitions, including an extension on any
side or increase in height of the structure or any change in use,
or to move a structure from one location or position to another. Reasonable
and ordinary repairs to remedy deterioration shall not be considered
as an alteration.
Any appeal or request for relief made to the Village's Board of Zoning Appeals pursuant to Chapter 320, Zoning.
An individual, corporation or partnership or group thereof
submitting an appeal to the Village's Board of Zoning Appeals.
An individual, corporation or partnership or group thereof,
submitting an application to the Planning Board, Board of Trustees,
Clerk, Building Inspector, Street Commissioner and to the Village's
Board of Zoning Appeals for a special use permit or amendment thereto
and all other matters.
Any application made to the Village's Planning Board, Board
of Trustees, Clerk, Building Inspector and Road Commissioner and an
application for special use permits or amendments thereto to the Board
of Zoning Appeals.
The Building Inspector of the Village or a representative
from the firm appointed as Building Inspector of the Village.
The Clerk or Deputy Clerk of the Village.
Upon which a fee is based includes a recharge basin and "out"
lots which are part of a drainage (reserve) area for subdivisions.
Means and includes:
The Incorporated Village of Oyster Bay Cove.
A.
Any person who requests or demands a copy of any public
official record of the Village shall pay to the Clerk or his designee
$0.25 per page (no larger than 8 1/2 inches by 14 inches) which
may be machine copied and the actual cost of reproduction for all
other documents.
[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]
A.
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.
(1)
Building permit. Upon the filing of an application for a building
permit, the following fees shall be payable:
(2)
Notwithstanding the fees set forth in Subsection A(1) above, the following minimum permit fee shall be applicable to every building permit as follows:
(3)
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.
(4)
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.
B.
Engineering, site and drainage review.
(1)
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:
(2)
Engineering and drainage review for any activity that comes within the purview of Chapter 156, Excavations: a review fee of not less than $750.
(4)
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.
C.
Preapplication review.
(1)
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.
(2)
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.
(3)
All charges and costs associated with the preapplication review shall
be separate and apart from any other fee provided for in this chapter.
[Amended 8-17-1999 by L.L. No. 1-1999; 3-29-2012 by L.L. No.
1-2012]
A.
B.
The required filing fee and hearing deposit must be paid to the Village
before a hearing will be noticed.
C.
Hearing charges.
(1)
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:
(2)
All hearing charges shall be paid to the Village before the Zoning
Board of Appeals shall file its decision.
(3)
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.
(4)
Minimum hearing deposit to be maintained by the applicant during
proceeding: $500.
D.
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.
[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:
C.
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:
D.
Miscellaneous Planning Board fees. For all other applications to
the Planning Board, including site plan review:
(1)
Filing fee: $500.
(2)
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
[Amended 3-29-2012 by L.L. No. 1-2012]
A.
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.
B.
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.
C.
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.
B.
Tow car permit: $100 per calendar year; $50 if permit
expires within six months.
E.
Tag sale permit: $25.
[Added 1-16-2007 by L.L. No. 1-2007]
F.
Parade permit fee: $150.
I.
Sticker permit fee for boat or other aquatic type
vessel in a rack at the Village recreation area: $15 annually.
J.
Impound fee for items left at the Village Beach: $25.
[Amended 3-29-2012 by L.L. No. 1-2012]
K.
Street cleanup and cash deposit: $500.
L.
Beach parking permit: $25.
A.
Words that are singular or masculine shall mean plural
or feminine whenever the sense of this law so requires.
B.
Any increase or decrease of a fee or deposit resulting
from an amendment of this chapter shall apply to all pending Planning
Board applications, and Board of Zoning Appeals appeals and applications
which have been filed with the Village but not decided and for building
permit applications for which a permit has not been issued.
[Added 9-17-2002 by L.L. No. 5-2002]
Notwithstanding any other provision of this
chapter, or any fee or deposit required by this chapter, the Board
of Trustees, acting by resolution, may amend the fee and deposit schedule
established by or in this chapter, and/or provide for a schedule of
other or different fees or deposits as the Board of Trustees may determine
to be necessary and appropriate. In the event the Board of Trustees
establishes such a schedule, the fees and deposits required by or
in such schedule shall supersede any conflicting fee or deposit required
by this chapter.
