Village of Muttontown, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 11-10-1969 by L.L. No. 1-1969. Amendments noted where applicable.]
[Amended 2-13-1978 by L.L. No. 1-1978; 9-12-1983 by L.L. No. 4-1983; 6-12-1986 by L.L. No. 4-1986; 1-9-1995 by L.L. No. 1-1995; 10-10-2006 by L.L. No. 2-2006]
As used in this chapter, the following terms shall have the meanings indicated:
ALTER
The making of 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, 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.
APPEAL
Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter 190, Zoning, or matters pertaining to an appeal.
APPELLANT OR EACH APPELLANT
An individual, corporation or partnership or group thereof submitting an appeal to the Village's Zoning Board of Appeals.
APPLICANT OR EACH APPLICANT
An individual, corporation or partnership or group thereof submitting an application to the Village's 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 Planning 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 includes a recharge basin and out lots which are part of a drainage area for subdivisions.
OFFICIAL RECORD
Includes:
A. 
Pages and writings contained in the official minute books of the Village's Board of Trustees, Planning Board and Zoning Board of Appeals.
B. 
Public records, papers and writings in the custody of any Village department, official or employee.
VILLAGE
The Incorporated Village of Muttontown.
[Amended 6-10-1974 by L.L. No. 3-1974; 2-13-1978 by L.L. No. 1-1978; 10-16-1978 by L.L. No. 4-1978; 1-10-1983 by L.L. No. 2-1983; 9-12-1983 by L.L. No. 4-1983; 2-8-1993 by L.L. No. 1-1993; 1-9-1995 by L.L. No. 1-1995; 4-12-1999 by L.L. No. 1-1999; 11-14-2006 by L.L. No. 4-2006]
A. 
Any person who requests a copy of any public official record of the Village shall pay to the Clerk or designee a charge per page for originals not exceeding 8 1/2 inches by 14 inches as established by resolution of the Board of Trustees, and the actual cost of reproduction for larger size originals or those originals that are not reproducible on Village equipment.
B. 
The following booklets and maps, when in print, are available for the respective charge established by resolution of the Board of Trustees:
(1) 
Zoning Pamphlet.
(2) 
Code of the Village of Muttontown.
(3) 
Subdivision Pamphlet.
(4) 
Village Map.
[Amended 10-16-1978 by L.L. No. 4-1978; 1-10-1983 by L.L. No. 2-1983; 9-12-1983 by L.L. No. 4-1983; 4-9-1990 by L.L. No. 1-1990; 2-8-1993 by L.L. No. 1-1993; 1-9-1995 by L.L. No. 1-1995; 4-12-1999 by L.L. No. 1-1999; 9-11-2000 by L.L. No. 3-2000; 6-9-2003 by L.L. No. 2-2003; 10-17-2005 by L.L. No. 4-2005; 11-14-2006 by L.L. No. 4-2006]
A. 
Building permit fee. Due on the filing of an application for a building permit for all construction, a permit fee in an amount established by resolution of the Board of Trustees.
B. 
Additional fees. In addition to the permit fee, the following fees are due on the filing of an application for a building permit in respective amounts established by resolution of the Board of Trustees:
(1) 
Road maintenance fee (where applicable).
(a) 
Where the permit is for a pool or court (tennis, sports, basketball, etc.) construction.
(b) 
Where the cost of construction for a building permit exceeds $10,000.
(c) 
Where the building permit is for the construction of a new single-family dwelling.
(d) 
Where a building permit issued for the purposes set forth in § 67-3-B(1)(a) through (c) is renewed.
(2) 
Certificate of occupancy and duplicate copies.
(3) 
Architectural Review Board filing fee.
(4) 
Site plan review.
(a) 
Single-family dwelling.
(b) 
All other construction subject to site plan review.
(c) 
Resubmission of a site plan which contains modifications or revisions to be reviewed by the Village Engineer will be deemed a new submission and a new filing fee will be charged.
C. 
Miscellaneous.
(1) 
A building permit for a single-family dwelling will expire 18 months from the date of issuance. For all other construction, a building permit will expire 12 months from the date of issuance. A building permit may be extended for an additional one-year period upon payment of a renewal fee in an amount established by resolution of the Board of Trustees. No further renewals of a building permit will be granted, unless authorized by the Board of Trustees.
(2) 
Building permit fees for construction that is commenced without a validly issued building permit by the Building Department shall be in amounts established by resolution of the Board of Trustees.
[Amended 2-13-1978 by L.L. No. 1-1978; 6-12-1986 by L.L. No. 4-1986; 4-9-1990 by L.L. No. 1-1990; 2-8-1993 by L.L. No. 1-1993; 1-9-1995 by L.L. No. 1-1995; 9-11-2000 by L.L. No. 3-2000; 6-9-2003 by L.L. No. 2-2003; 10-10-2006 by L.L. No. 2-2006; 11-14-2006 by L.L. No. 4-2006]
A. 
Every appellant to the Village's Zoning Board of Appeals shall pay to the Village the following fees and deposits in such amounts as are established by resolution of the Board of Trustees:
(1) 
Filing fee.
(a) 
Appeal and all other matters.
(b) 
General appearance fee for discussion with Board.
(2) 
Deposit. In addition to the above filing fee, a hearing charge deposit shall be submitted.
B. 
The appropriate filing fee and hearing deposit must be paid to the Village before a hearing will be noticed.
C. 
Hearing charge.
(1) 
Appeals. In addition to the above filing fee, on every appeal, 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 established by resolution of the Board of Trustees for the costs and expenses indicated below:
(a) 
Consultants.
(b) 
Environmental review:
[1] 
Consultants.
[2] 
Legal.
(2) 
All hearing charges shall be paid to the Village before the Zoning Board of Appeals shall file its decision.
(3) 
All hearing charges due shall be deducted from the hearing deposit. If the hearing charges for which the appellant is responsible exceed the deposit, the balance due shall be paid to the Village before the Zoning Board of Appeals shall file its decision.
[Amended 11-20-1972 by L.L. No. 2-1972; 6-10-1974 by L.L. No. 3-1974; 2-13-1978 by L.L. No. 1-1978; 10-16-1978 by L.L. No. 4-1978; 12-8-1980 by L.L. No. 1-1980; 9-12-1983 by L.L. No. 4-1983; 6-12-1986 by L.L. No. 4-1986; 4-9-1990 by L.L. No. 1-1990; 1-9-1995 by L.L. No. 1-1995; 4-12-1999 by L.L. No. 1-1999; 9-11-2000 by L.L. No. 3-2000; 6-9-2003 by L.L. No. 2-2003; 10-17-2005 by L.L. No. 5-2005; 11-14-2006 by L.L. No. 4-2006]
Each applicant to the Village's Planning Board for approval of a partitioning or subdivision as defined in Chapter 158, Subdivision of Land, shall pay to the Village the below filing fees, hearing deposits and charges based upon each lot shown on the plat, in such amounts as are established by resolution of the Board of Trustees:
A. 
Filing fees.
(1) 
Preliminary approval.
(2) 
Final approval.
(3) 
General discussion before Planning Board.
(4) 
Public hearing.
B. 
Preliminary hearing deposit.
C. 
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. These 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 such amounts as may be established by resolution of the Board of Trustees.
D. 
Recreation site and improvement fund. If dedication of parkland is not required by the Planning Board, the applicant shall pay to the Village's Site and Recreation Fund an amount per lot, excluding recharge basins and one newly created lot if it has an existing principal dwelling, as established by resolution of the Board of Trustees.
E. 
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.
F. 
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.
G. 
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 in an amount established by resolution of the Board of Trustees.
[Added 6-12-1986 by L.L. No. 4-1986; amended 1-9-1995 by L.L. No. 1-1995; 11-14-2006 by L.L. No. 4-2006]
Every applicant to the Village's Site and Architectural Review Board shall pay to the Village a filing fee in an amount established by resolution of the Board of Trustees.
[Amended 6-10-1974 by L.L. No. 3-1974; 2-13-1978 by L.L. No. 1-1978; 10-16-1978 by L.L. No. 4-1978; 12-14-1981 by L.L. No. 4-1981; 4-9-1990 by L.L. No. 1-1990; 1-9-1995 by L.L. No. 1-1995; 4-12-1999 by L.L. No. 1-1999; 9-11-2000 by L.L. No. 3-2000; 6-9-2003 by L.L. No. 2-2003; 10-10-2006 by L.L. No. 2-2006; 11-14-2006 by L.L. No. 4-2006]
Applicants for permits or licenses to conduct the following activities in the Village shall pay to the Village such fees and deposits as established by resolution of the Board of Trustees:
A. 
Tow car permit.
B. 
Street openings.
(1) 
Permit fee.
(2) 
Cash deposit.
C. 
Peddling licenses.
(1) 
Investigation fee.
(2) 
License fee.
D. 
Auction permit fee.
E. 
Sale permit fee.
F. 
Parade permit fee.
G. 
Licensing fees for solid waste carters. The Village Clerk, under § 150-18 of Chapter 150, Solid Waste, shall charge and collect the following fees in amounts established by resolution of the Board of Trustees:
(1) 
Initial license.
(2) 
Annual renewal of license.
H. 
Burglar alarm systems.
(1) 
Business license.
(2) 
Agent license.
(3) 
Alarm user permit:
(a) 
New alarm installation, significant modification to existing alarm system or change of ownership.
(b) 
Annual renewal fee.
I. 
Heavy trucking cash deposit.
J. 
Storage of impounded vehicles.
K. 
Driveway opening permit fee.
L. 
Fence permit fee.
M. 
Real estate sign fee.
N. 
Tree removal.
O. 
Commercial use of residential property when authorized by the Board of Trustees.
P. 
Every applicant to the Village's Board of Trustees shall pay to the Village the following fees and deposits in amounts established by resolution of the Board of Trustees:
(1) 
Filing fee.
(a) 
Application for special use permit and amendments thereto.
(b) 
General appearance fee for discussion with Board.
(2) 
Deposit. In addition to the above filing fee for an application for a special use permit and amendments thereto, a hearing charge deposit shall be submitted.
Q. 
The appropriate filing fee and hearing deposit must be paid to the Village before a hearing will be noticed.
R. 
Hearing charge.
(1) 
In addition to the above filing fee, on every 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 established by resolution of the Board of Trustees for the costs and expenses indicated below:
(a) 
Special use permit and amendments.
[1] 
Consultants.
[2] 
Legal fees.
[3] 
Environmental review:
[a] 
Consultants.
[b] 
Legal.
(2) 
All hearing charges shall be paid to the Village before the Board of Trustees shall file its decision.
(3) 
All hearing charges due shall be deducted from the hearing deposit. If the hearing charges for which the applicant is responsible exceed the deposit, the balance due shall be paid to the Village before the Board of Trustees shall file its decision.
[Amended 2-13-1978 by L.L. No. 1-1978; 10-16-1978 by L.L. No. 4-1978; 6-12-1986 by L.L. No. 4-1986; 9-11-2000 by L.L. No. 3-2000; 11-14-2006 by L.L. No. 4-2006]
A. 
Refund of fees. No filing fees, deposits or charges required by §§ 67-3, 67-4, 67-5, 67-6 and 67-7 shall be returned or refunded, except as provided in § 67-8B, or as follows:
(1) 
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.
(2) 
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.
(3) 
If the actual charges assessed pursuant to §§ 67-4C, 67-5B and 67-7P do not exceed the deposit held by the Village, the remaining balance shall be refunded to the applicant or appellant, provided that he/she 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.
B. 
The Board of Trustees, in its sole discretion, shall have the right to waive, return or refund any fee, charge or deposit or portion thereof imposed pursuant to this chapter as it deems necessary and proper.
C. 
Fees and costs assessed. Any fees and charges herein required under §§ 67-3, 67-4, 67-5, 67-6, 67-7 or 11-10A 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 2-13-1978 by L.L. No. 1-1978; 6-12-1986 by L.L. No. 4-1986; 11-14-2006 by L.L. No. 4-2006]
A. 
Words that are singular or masculine shall be deemed to be plural or feminine whenever the sense of this chapter so requires.
B. 
Any increase or decrease of a fee, charge or deposit established by resolution of the Board of Trustees shall affect pending applications and appeals which have been filed with the Village as follows:
(1) 
If the former fee or deposit has been paid to the Village before the effective date of any amendment hereto, no increased amounts shall be due relating to the particular stage of the application or appeal for which the former fee or deposit was paid. However, all further fees shall be computed as set forth in the applicable resolution of the Board of Trustees.
(2) 
Any fees or deposits paid after the effective date of any amendment shall be in accordance with the new amounts relating to the particular stage of the application or appeal for which they are paid.