[HISTORY: Adopted by the Board of Trustees
of the Village of North Haven as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-5-2008 by L.L. No. 2-2008]
A.
The Board of Trustees hereby finds that the Village
incurs significant expenses related to professional consultant review
of certain applications before the Board of Trustees, Planning Board,
Zoning Board of Appeals and Board of Architectural Review, including
but not limited to those regarding site plans, special permits, subdivisions,
lot line modifications, variances, architectural review and other
or similar or related procedures. The professional consultant review
is necessary to promote the general health, safety and welfare and
to carry out the enabling authority provided by the New York Legislature
and implemented in the Village Code.
B.
The Village has the authority to submit any application(s)
which may come before it to professional consultants, such as an engineer,
environmental expert, planner and/or other professional consultants,
as it may deem necessary to enable it to review such application(s),
and the applicant(s) should reimburse the Village for the cost thereof.
The costs of such professional review involve activities and services
beyond the routine processing of these types of applications.
C.
All routine processing costs, including mailing and
publication of general meeting notices, stenographic public hearing
transcripts and standard Building Department review are covered by
and limited to the stated application fees fixed by resolution of
the Board of Trustees from time to time. Recovery of the costs of
professional consultants is limited to the instances set forth herein.
A.
The Village board reviewing a given application and/or
other or similar matter may, in review of any application which may
come before it, refer such application presented to it to an engineer,
environmental expert, planner or other professional consultant as
the reviewing board shall deem reasonably necessary to enable it to
review such application as required by law. Fees charged for any such
professional shall be in accord with fees usually charged for such
services in the eastern Suffolk County area and pursuant to a contractual
agreement between the Village and such professional consultant.
B.
The Village Clerk shall review any such fees for professional
consultant services prior to the assessment of any such fees as a
charge reimbursable by an applicant. Applicants shall not be charged
for fees for services rendered by professional consultants retained
by the Village which relate to tasks performed for the mere convenience
of the reviewing board, such as mere attendance by the Village Engineer
at any regular public meetings of the Planning Board or the Zoning
Board of Appeals, except that in the case of specific review of a
particular application and except that in the case of a special public
or other meeting for the purpose of reviewing a particular application,
consultant fees shall be recovered. Upon request, the applicant shall
be provided with copies of any voucher for such professional consultant
review services as submitted to the Village. The applicant shall reimburse
the Village for the cost of such professional consultant review services
in accordance with the procedures described below. The payment of
such fees shall be a condition of any approval and shall be set forth
in any resolution of approval and shall be required in addition to
any and all other fees required in connection with the review of the
application as set forth in any chapter of the Village Code or any
Village fee schedule. An applicant may direct any questions relating
to fees for reimbursement of professional consultant services to the
Village Clerk, who may refer the matter to the reviewing board.
C.
Proof of payment of all professional consultant review
fees shall be obtained by the applicant from the Village Treasurer
and presented to the Clerk of the reviewing board having jurisdiction
over the application. No building permit or certificate of occupancy
shall be issued nor shall any use or work be authorized under any
resolution of approval unless all professional review fees charged
in connection with the applicant's project have been reimbursed to
the Village.
D.
In the event that an application is required to be
reviewed by more than one reviewing board, then, in such event and
to the extent applicable, each such reviewing board shall use the
same consultant, who shall in such case prepare one report providing
the data, information and recommendations requested. In all instances,
duplication of consultants' reports shall be avoided whenever possible
in order to minimize the cost of such consultants' reports to the
applicant.
A.
At the time of submission of any application which
may come before it, an initial deposit shall be required as may be
set forth by the Board of Trustees in a Village fee schedule, which
may be amended from time to time, or if no such fee schedule or fee
schedule item exists for such application and/or other or similar
matter, the applicant shall deposit such sum as is deemed necessary
by the reviewing board based on its evaluation of the nature and complexity
of the application. This deposit with the Village shall be used as
an advance against which withdrawals shall be made to reimburse the
Village for the cost of professional consultant review services and
the cost of publication of any special meeting notice and/or any special
meeting stenographic service and/or any other special review costs
actually incurred incident to a particular application. No application
shall be considered complete for review purposes until said deposit
is made in accordance herewith.
B.
The Village shall provide applicants with periodic
statements indicating the cost of professional consultant review services
and other costs paid out of the initial deposit or owing in the event
the initial deposit has been depleted. If an initial deposit amount
is depleted, the reviewing board may suspend its review of the application
if any outstanding fees are not paid by the applicant within 30 days
of issuance of a request for additional payment. The Board of Trustees,
Planning Board, Zoning Board of Appeals and Board of Architectural
Review shall not be obligated to comply with any time periods for
review of site plans, special permits, subdivisions, lot line modifications,
variances, architectural review and other or similar applications
pursuant to state and/or local law if the applicant fails timely to
pay the fees as aforesaid. Any such time periods shall begin to accrue
again upon receipt of required payment.
C.
After all pertinent charges have been paid, and upon
final approval or denial by the reviewing board or formal withdrawal
of the application by the applicant, the Village shall refund to the
applicant any funds remaining on deposit. Any such refund shall be
made as soon as the Village is reasonably able to do so.
All fees required pursuant to this article shall
be collected by the Village Clerk, or the Clerk of the reviewing board
who shall promptly forward same to the Village Clerk, for recording
by the Village Treasurer.
In the event that any fees or deposits established in this article create an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit, in its legislative discretion, after appropriate public hearing, except that no such recovery of costs imposed under Village Code § 66-13 may be waived or modified.
A.
This article is hereby adopted pursuant to Municipal
Home Rule Law § 10(1)(i) and § 10(1)(ii)(a)(14)
and Statute of Local Governments § 10(6).
B.
It is the intent of the Board of Trustees, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3), to supersede
any laws incorporating relevant time limits and any inconsistent provision
of Article 7 of the Village Law, §§ 7-706, 7-712, 7-712-a,
7-712-b, 7-725-a, 7-725-b, 7-728, 7-730, 7-732, 7-734, 7-736 and 7-738,
as well as the Village Code in relationship to which and to the extent
to which such provisions set forth specified time frames for certain
reviewing board action.
[Adopted 9-14-2020 by L.L. No. 5-2020]
A.
Building Department.
(1)
Applications.
|
Type
|
Fee
|
|---|---|
|
Building permit (nonrefundable)
|
$125
|
|
Certificate of occupancy (nonrefundable)
|
$125
|
|
Dock application fee (nonrefundable)
|
$1,000
|
(2)
Construction fees.
(a)
Building permits.
[Amended 9-18-2024 by L.L. No. 3-2024]
|
Type
|
Fee
|
|---|---|
|
Habitable/living space and roofed accessory structures
This permit is good for one year, and fee is nonrefundable.
2 3-month extensions will be granted upon formal request. Request
must be made prior to the permit expiration date.
The entire permit fee must be paid upon the renewal of the permit.
Refunds will be issued prorated on a monthly basis if a certificate
of occupancy is issued before the renewal expires.
|
$2 per square foot
|
|
Garages - attached or detached
|
$1.50 per square foot
|
|
Unroofed structures (i.e., decks/patios)
|
$1.50 per square foot
|
|
Miscellaneous structures (i.e., fences/pergolas)
|
$125
|
|
Swimming pools
|
$500 up to 20x40 - 800 square feet; an additional $1 per square
foot
|
|
Sports courts (including new construction or conversion to tennis,
pickleball and padel)
|
$1,000
|
|
Aboveground spas/hot tubs
|
$250
|
|
Demolition permits
|
$1 per square foot
|
B.
Planning/zoning/shoreline management permit/environmental.
(1)
Environmental review fee. Unused funds are returned to applicant.
|
Type
|
Fee
|
|---|---|
|
Planning Board applications/docks
|
$2,500
|
|
Revetments
|
See below; fees now listed under shoreline management permit
applications
|
(2)
Planning Board fees. All are nonrefundable except where noted.
(a)
Site plan review fee.
|
Type
|
Fee
|
|---|---|
|
Additions/alterations and accessory structures
|
$800
|
|
New construction/revetments
|
$1,500
|
|
Presubmission review fee
|
$400
|
|
Extension fee for each additional year
|
$250
|
|
Modification fee
|
$500 per change; $1,000 if work is already completed
|
(b)
Subdivisions.
|
Type
|
Fee
|
|---|---|
|
Subdivision sketch plan application fee
|
$500
|
|
Subdivision preliminary plat application fee
|
$1,000
|
|
Subdivision final plat application fee
|
$1,000
|
|
Subdivision preliminary plat review fee
|
$500 per lot; with roads, $750 per lot plus bond estimate
|
|
Subdivision final plat review fee
|
$500 per lot; with roads, $750 per lot plus bond estimate
|
|
Subdivision engineering review fee
|
5% of the capital improvement cost as calculated by the Village
Engineer, subject to refund of any such payment not actually expended
for engineering fees
|
(c)
Shoreline
management permit application fees. These fees will include a shoreline
management permit upon approval; no additional building permit will
be required. New construction/repairs fees are for both hard and soft
solutions.
|
Type
|
Fee
|
|---|---|
|
New construction/repairs
|
$1,500; deposit for shoreline structure consultant fees: $6,500
(unused funds will be returned to the applicant)
|
|
Major repairs to existing stairs
|
$500; deposit for shoreline structure consultant fees: $750
(unused funds will be returned to the applicant)
|
|
New standalone stairs
|
$500; deposit for shoreline structure consultant fees: $1,000
(unused funds will be returned to the applicant)
|
(3)
Zoning Board.
|
Type
|
Fee
|
|---|---|
|
Application to the Zoning Board of Appeals
|
$950
|
[1]
Editor's Note: This legislation also provided that all fees
are nonrefundable except where noted.
C.
Miscellaneous fees.
(1)
Road opening permit: $200.
(2)
Rental permit. All property owners who rent their homes for any length
of time must apply for a permit. The permit is valid for two years.
Fees are as follows:
|
Type
|
Fee
|
|---|---|
|
If applicant has engineer or architect certify safety protocols
|
$250
|
|
If Village Building Inspector has to certify safety protocols
|
$400
|
(3)
Recreational.
|
Type
|
Fee
|
|---|---|
|
Use of Village tennis court annual permit
|
$50 per family
|
|
Moorings
| |
|
Resident
|
$300
|
|
Nonresident
|
$650
|
|
Beach storage permit
|
$25 per piece of equipment
|
