As used in this chapter, the following terms
shall have the meanings indicated:
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 maintenance repairs to prevent or remedy deterioration
shall not be considered as an alteration.
APPEAL
Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter
315, Zoning, of the Code of the Village of Lattingtown, or matters pertaining to an appeal.
APPELLANT or EACH APPELLANT
An individual, corporation, partnership, or other entity
or group thereof submitting an appeal to the Village's Zoning Board
of Appeals.
APPLICANT or EACH APPLICANT
An individual, corporation, partnership or other entity or
group thereof submitting an application to the Village's Zoning Board
of Appeals for a special use permit, Planning 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, Board of Trustees, Clerk,
Building Inspector and Highway Commissioner seeking approval or relief.
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 Lattingtown.
[Amended 2-22-2012 by L.L. No. 2-2012]
A. Every appellant or applicant to the Village's Zoning Board of
Appeals shall pay the following:
(1) Filing fee.
(a)
Application for special use permit and amendments thereto: $2,500.
[1]
Deposit. In addition to the above filing fee for an application
for a special use permit and amendments thereto, a hearing charge
deposit of $2,500 shall be submitted.
(b)
Appeal and all other matters: $1,000.
[1]
Deposit. In addition to the above filing fee for an appeal or
another matter, a hearing deposit of $1,500 shall be submitted.
(c)
General appearance fee for discussion with Board: $250 per appearance.
B. The appropriate 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 fee, 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:
(a)
Appeals.
[1]
Engineer, environmental or other consultants: $5,000 each.
[3]
Stenographic minutes of hearings and meeting: actual costs.
[4]
Advertising: actual costs.
[5]
Recording charges: actual costs.
(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 Zoning Board of Appeals
shall file its decision.
Each applicant to the Village's Planning Board
for approval of a partitioning or subdivision as defined in the Subdivision
Rules and Regulations of the Village of Lattingtown shall pay to the Village filing fees, hearing deposits
and charges based upon each lot shown on the plat as follows:
A. Filing fees.
(1) Preliminary approval: $500 per lot.
(2) Final approval: $200 per lot.
(3) General discussion before Planning Board: $750 per
meeting.
(4) Public hearing adjourned by applicant: $750 per adjourned
hearing.
B. Hearing deposit.
(1) Preliminary hearing: $5,000 plus $500 per building
lot.
(2) Final hearing: $5,000 plus $750 per building lot.
(3) Minimum hearing deposit to be maintained by applicant
during proceeding: $2,500.
C. 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 which shall be limited to the following maximum amounts:
(1) General Planning Board matters for partitionings or
subdivisions with:
(a)
Fewer than five lots: $25,000.
(b)
Five or more but fewer than 10 lots: $50,000.
(c)
10 or more lots: $100,000.
(2) Environmental review regardless of number of lots:
$75,000.
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 $10,000 per lot, excluding
recharge basins and one newly created lot if it has an existing principal
dwelling.
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 have been paid, and the bonding company
has been released by action of the Board of Trustees.
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 an amount equal to 1/2 of the required filing fees enumerated in Subsection
A.
H. Each applicant to the Village's Planning Board for approval
of a tree removal application shall pay to the Village a filing fee
and escrow deposit as follows:
[Added 10-22-2015 by L.L.
No. 7-2015]
I. Each applicant to the Village's Planning Board for approval
of an excavating, filling, or grading application shall pay to the
Village a filing fee and escrow deposit as follows:
[Added 10-22-2015 by L.L.
No. 7-2015]
Applicants for permits or licenses to conduct
the following activities in the Village shall pay to the Village a
fee determined by the following schedule:
A. Street openings.
(1) (1) Permit fee.
(a)
Street opening in asphalt pavement: $5 per square
foot for the first 1,000 square feet and $3 per square foot thereafter
or a minimum of $400, whichever is greater.
(b)
Street opening in road shoulder: $60 per 100
linear feet or a minimum of $100, whichever is greater.
(2) Cash deposit: $2,000 to be held for 90 days following
satisfactory completion of the work in accordance with recognized,
prevailing construction standards, and released only after the Village
Engineers determine that the work has remained in satisfactory condition
for that ninety-day period.
C. Auction permit fee: $250 plus a refundable security
deposit of $500 to accompany each auction permit which shall be used
by the Village to remove litter, debris, graffiti or damage left by
the applicant.
D. Garage sale permit fee: $50 per day.
E. Storage of impounded vehicles: $100 for each day or
fraction thereof said vehicle is stored by the Police Department or
Village.
F. Real estate sign fee: $50.
G. Commercial use of residential property when authorized
by the Board of Trustees: $1,000 per day.
H. Parade, exhibition or organized athletic event, which involves the
use of roads within the Village, permit fee: $100 per day.
[Added 4-17-2013 by L.L. No. 2-2013]
[Added 4-17-2013 by L.L. No. 2-2013]
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 the 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.