Village of Cove Neck, NY Fees and Deposits

Editor's Note: This local law also repealed former Ch. 65, Fees and Deposits, adopted 11-24-1969 by L.L. No. 1-1969, as amended.

§ 65-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALTER

To make an alteration.

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; moving a structure from one location or position to another; or any change in use. Reasonable and ordinary repairs to remedy deterioration shall not be considered as an alteration.

APPEAL

Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter 175, Zoning, or matters pertaining to an appeal.

APPLICANT

An individual, corporation or partnership or group thereof submitting an application to the Village's Zoning Board of Appeals, Planning Board, Site and Architectural Review Board, Board of Trustees, Clerk, Building Inspector and Highway Commissioner.

APPLICATION

Any application or written request made to the Village's Zoning Board of Appeals, Planning Board, Site and Architectural Review Board, Board of Trustees, Clerk, Building Inspector and Highway Commissioner seeking approval or relief.

BUILDING INSPECTOR

The Building Inspector of the Village.

CLERK

The Clerk of the Village.

LOT

A lot upon which a fee is based, including a recharge basin and "out" lots which are part of a drainage area for a subdivision.

OFFICIAL RECORD

Includes:

Pages and writings contained in the official Minute Books of the Village's Board of Trustees, Site and Architectural Review Board, Planning Board and Zoning Board of Appeals.

Public records, papers and writings in the custody of any village department, official or employee.

VILLAGE

The Incorporated Village of Cove Neck.

§ 65-2 Copies of official records, laws and maps.

Any person who requests a copy of any public official record of the Village shall pay to the Clerk or designee $0.25 per page for originals not exceeding 8 1/2 inches by 14 inches or the actual cost of reproduction for larger-size originals or those originals that are not reproducible on Village equipment.

The following booklets and maps, when in print, are available for the noted charge:

Village Code: $200, which includes subscription.

Zoning pamphlet: $25.

Subdivision pamphlet: $20.

Village Map: $25.

The Board of Trustees may, by resolution, increase the above charges for these publications.

§ 65-3 Building Department.

[Amended 4-8-2015 by L.L. No. 2-2015]

Building permit fees.

There shall be due on the filing of an application for a building permit for all construction, except as noted in Subsection A(3) below, a permit fee in an amount equal to 1% of the estimated cost of construction based upon actual cost or the Village's minimum construction cost standards or minimum permit fee, whichever is greater.

Cost of construction and minimum permit fee. The minimum construction cost for estimating a building permit fee for the noted construction shall be as follows:

Single-family dwelling: $300 per square foot.

Addition to a single-family dwelling:

For existing interior work: $200 per square foot.

For new square footage to dwelling: $250 per square foot.

Accessory building: $200 per square foot.

(d)

Deck or masonry patio: $25 per square foot or $250, whichever is greater.

(e)

Commercial construction: $350 per square foot.

The minimum building permit fee for the noted construction shall be as follows:

[Amended 10-2-2018 by L.L. No. 4-2018]

Swimming pool: $1,000.

Tennis court or similar sports court: $1,000.

Storage shed (200 square feet or less): $100.

(d)

Oil or propane tank, air conditioner, generator or other miscellaneous installations: $275.

(e)

Spa, hot tub: $500.

(f)

Demolition of principal dwelling: $1.30 per square foot.

(g)

Demolition of accessory structure: $1,000.

(h)

Cost for other construction shall be determined by the Building Inspector and approved by the Board of Trustees.

The above minimum cost of construction and minimum permit fees may, from time to time, be added to, amended, modified or eliminated by resolution of the Board of Trustees.

Additional fees. In addition to the building permit fee, the following administrative fees are due and owing on the filing of an application for a building permit:

[Amended 10-2-2018 by L.L. No. 4-2018]

Site plan review.

A review fee by the Village's Engineer shall be charged as follows:

Construction of a single-family dwelling: $3,000.

Alteration to an existing single-family dwelling, construction or alteration of an in-ground swimming pool, tennis court, deck, attached garage or other significant accessory building: $1,500.

Resubmission of a site plan which contains a substantial modification or revision shall be deemed a new application.

Certificate of occupancy:

Fee: $500.

Administrative search of Building Department records for prior issued permits and certificates of occupancy: $50.

Building Inspector fee: $200.

Architectural Review Board filing fee: $500.

Miscellaneous.

[Amended 10-2-2018 by L.L. No. 4-2018]

The building permit for a single-family dwelling will expire 18 months from the date of issuance. For all other construction, the building permit will expire 12 months from the date of issuance. A building permit may be extended for an additional six-month period upon payment of a renewal fee of $500. No further renewals of a building permit will be granted, unless authorized by the Board of Trustees.

Building permit fees.

Building permit fees set forth in Subsection A shall be doubled for construction that is commenced without a validly issued building permit by the Building Department. If the terms or conditions of the building permit or provisions of the Village's Code occur during construction after the issuance of the permit, the building permit fees shall be increased as follows:

First violation: $500;

Second violation: $1,000;

[3]

Third violation: $6,000;

[4]

Fourth violation: $12,000.

After the issuance of the permit and during construction, if the terms or conditions of a stop-work order that is served on the contractor or property owner by the Village is violated, the building permit fees shall be increased as follows:

First violation: $2,500.

Second violation: $5,000.

[3]

Third violation and all further violations: $10,000.

[4]

All further violations increased by $10,000 per occurrence.

Failure to pay the additional building permit fees within 30 days will result in suspension of the building permit.

Fees for duplication of Building Department records including a survey shall be the actual cost of reproduction, plus an administration charge of $50.

§ 65-4 Board of Zoning Appeals.

Every applicant to the Village's Zoning Board of Appeals shall pay to the Village the following:

Filing fees.

Application for special use permit and amendments thereto: $5,000.

Appeal and all other matters: $1,500.

General appearance fee for discussion with Board of Zoning Appeals when no application or appeal is pending: $750.

Deposit: In addition to the above filing fee, a hearing charge deposit shall be submitted with an application for the following:

Special use permit and amendments: $5,000.

Appeals and other matters: $1,000.

General appearance fee for discussion purposes with Board of Zoning Appeals: $750.

The appropriate filing fee and hearing deposit must be paid to the Village before the application is deemed complete and a hearing can be noticed.

Hearing charges.

Each applicant to the Board of Zoning Appeals shall be responsible for all expenses incurred by the Village for engineering, inspection, consulting, stenographic, administration, 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 that are in excess of the below maximum amount:

Appeals, maximum Village legal fees: $25,000.

Special use permit and amendments thereto, maximum legal fees: $100,000.

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

§ 65-5 Planning Board.

Each applicant to the Village's Planning Board shall pay to the Village the below filing fees, hearing deposits and charges based upon each lot shown on the plat as follows:

Filing fees.

Preliminary approval: $500 per lot.

Final approval: $200 per lot.

General discussion before Planning Board: $750 per meeting.

Adjourned public hearing: $750 per adjourned hearing.

Hearing deposit.

Preliminary hearing: $10,000 plus $750 per building lot.

Final hearing: $10,000 plus $750 per building lot.

All other matters: $1,000.

Minimum hearing deposit to be maintained by the applicant during subdivision or partitioning applications: $5,000; additional hearing deposits to maintain minimum balance: amount to be determined by Village Clerk.

Payment of hearing costs. Each applicant to the Village's Planning Board shall be responsible for all expenses incurred by the Village for engineering, inspection, consulting, stenographic, administration, 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 that are in excess of the following maximum amounts:

Maximum Village legal fees chargeable to the applicant as follows:

Application with fewer than five lots: $50,000.

Application with five or more lots: $100,000.

Environmental review of application:

With fewer than five lots: $25,000.

With five or more lots: $50,000.

Recreation site and improvement fund. If the Planning Board makes the appropriate findings to so require, the applicant shall pay to the Village's site and recreation fund $10,000 per lot, excluding recharge basins and one newly created lot if it has an existing principal dwelling.

The applicant shall be responsible for prompt payment of all filing fees and hearing costs. An application shall not be processed or the proceeding continued unless and until payment for outstanding fees and costs is received by the Village within 30 days of request.

Discharge of bond. No bond filed for the completion of the public improvements on a proposed subdivision shall be discharged until all fees and charges, as herein required, have been paid.

Land outside Village. Filing fees for partitioning and subdivision of land outside the Village for which Village Planning Board approval is required by law shall be an amount equal to 1/2 of the required filing fees enumerated in Subsection A(1).

§ 65-6 Site and Architectural Review Board.

[Amended 4-8-2015 by L.L. No. 2-2015; 10-2-2018 by L.L. No. 4-2018]

Every applicant to the Village's Site and Architectural Review Board shall pay to the Village a filing fee of $500.

§ 65-7 Licenses and permits for certain activities.

[Amended 12-4-2011 by L.L. No. 5-2011; 6-13-2012 by L.L. No. 2-2012; 4-8-2015 by L.L. No. 2-2015]

An applicant for a permit or license to conduct any of the following activities in the Village shall pay to the Village a fee determined by the following schedule:

Heavy trucking fee: $1.50 as multiple for formula.[1]

Editor's Note: See Ch. 164, Vehicles and Traffic, § 164-7B.

Tow car permit: $50 per calendar year; $25 if permit expires within six months.

Street opening:

Permit fee: $30.

Bond: an amount determined by the Street Commissioner not to exceed $75 per square foot.

Peddling licenses:

Investigation: $20.

License fee: $10.

Parade or auction sales and tag sales.

[Amended 10-2-2018 by L.L. No. 4-2018]

Parade or auction sale permit fee: $1,000 per day, or as determined by the Board of Trustees.

Tag sale by homeowner: $200.

Application pursuant to Chapter 32, Article I, Elevation of Structures, Roadways and Sewage Systems: $50.

Burglar and fire alarm fees.

Homeowner's permit fee: $50 per installation.

Commercial use, including, but not limited to, movie productions or any event productions of residential property when authorized by the Board of Trustees: $1,500 per day.

[Amended 10-2-2018 by L.L. No. 4-2018]

Tree removal permit fee: $50 per application minimum fee for the removal of up to five trees.

For an application that involves the removal of six or more trees, in addition to the $50 minimum fee, there shall be a further fee based upon the total number of trees to be removed, computed as follows:

For the sixth to the 10th tree: $20 per tree;

For 11 to 20 trees: $30 per tree for every tree to be removed beyond five;

For 31 trees and more: $75 per tree for every tree to be removed beyond five.

For an application that pertains to a property for which a prior tree removal permit was issued within the past twelve-month period, or for a property where trees were removed without a removal permit, the permit fee shall be calculated using the total number of all trees that have been and will be removed, charged at the highest applicable rate per tree. There shall be no credit for prior fees paid.

The application fee for a tree removal permit for trees that had been removed without a permit, shall be tripled plus $250.

In addition to a tree removal permit fee, the Village may require new planting to replace trees to be removed or that have been removed; the number, size, species and location of the plantings shall be as determined by the Village Board of Trustees.

§ 65-8 Refunds; waivers; assessment of unpaid fees.

[Amended 4-8-2015 by L.L. No. 2-2015]

Refund of fees. No filing fees, deposits or charges required by §§ 65-3, 65-4, 65-5 and 65-6 shall be returned or refunded, except as follows:

If the construction of a building is discontinued or abandoned, the Trustees may authorize a refund of up to 75% of the building permit fee and all of the certificate of occupancy fee to the extent that the Village's actual charges of review and inspection have not been incurred as certified to the Board of Trustees by the Building Inspector.

If an application to the Village's Planning Board, Zoning Board of Appeals or Site and Architectural Review Board is discontinued or abandoned, the Board of Trustees may authorize a refund of up to 90% of the filing fee paid in connection with said application to the extent that the Village's actual permitted charges have not been incurred as certified to the Board of Trustees by the Chairman of such Board.

If the actual charges assessed pursuant to §§ 65-4C and 65-5C do not exceed the deposit held by the Village, the remaining balance shall be refunded to the applicant or appellant, provided that he shall, within one year after the decision on the application or appeal is filed, make a written demand for such refund upon the Clerk. All unclaimed excess deposits shall become the property of the Village within one year from such filing date.

The Board of Trustees, in its sole discretion, shall have the right to waive any fee, charge or deposit or portion thereof imposed pursuant to this chapter as it deems necessary and proper.

Fees and costs assessed. Any fees and charges herein required under §§ 65-3, 65-4, 65-5 and 65-6 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.

§ 65-9 Interpretation and application.

[Amended 4-8-2015 by L.L. No. 2-2015]

Words that are singular or masculine shall be deemed to be plural or feminine whenever the sense of this chapter so requires.

Any increase or decrease of a fee, charge or deposit resulting from an amendment of this chapter shall affect pending applications and appeals which have been filed with the Village as follows:

If the former fee or deposit has been paid to the Village before the effective date of any amendment hereto, no additional amounts shall be due nor refunds made relating to the particular stage of the application or appeal for which the former fee or deposit was paid. However, all additional fees shall be computed as set forth in Subsection B(2).