[HISTORY: Adopted by the Town Board of the
Town of Warwick 6-8-2000 by L.L. No. 2-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Driveway permits — See Ch. 79.
Fire prevention and building code administration — See Ch. 82.
Fissionable materials — See Ch. 85.
Subdivision of land — See Ch. 137.
Tree and topsoil removal; grading and excavating — See Ch. 150.
Zoning — See Ch. 164.
[1]
Editor's Note: This local law also superseded
former Ch. 75, Development Fees, adopted 4-13-1989 by L.L. No. 2-1989,
as amended.
In order to provide for a consolidated schedule
of fees and to allow for a periodic review and modification of fees
assessed for development pursuant to the Municipal Code of the Town
of Warwick, the Town Board deems it in the public interest to establish
this standard schedule of fees for the Town of Warwick.
[Last amended 1-2-2003]
The Town Board of the Town of Warwick is hereby
authorized to adopt by resolution, from time to time, a Schedule of
Fees in accordance with the following categories. The listing herein
shall not be in limitation of other fees authorized by law, rule or
regulation.
A.
Planning Board fees.
(1)
Site plan review fees.
(a)
All such applications made to the Planning Board
shall be in writing on forms prescribed by the Board and shall be
accompanied by a fee determined as follows:
[2]
For commercial/industrial uses:
[a]
Application fee plus a site unit fee.
[b]
Site unit fee per acre of land or lot of land
or dwelling unit or 1,000 square feet or fraction thereof of ground
area covered by buildings.
[Amended 5-8-2003]
[c]
The Planning Board shall require the applicant
to pay an inspection fee to the municipality of a percentage of the
amount of the estimated cost of all the required public infrastructure
improvements. The site plan shall not be endorsed by the Chairman
of the Planning Board until such fee has been paid.
(b)
In addition to the applications and site unit
fees, all applicants will pay the cost of the Planning Board securing
the advice and assistance of professionals in connection with review
of the application.
(c)
Publication. The applicant shall also be required
to pay, upon presentation, for the actual costs of publication of
any and all notices required by any provision of this chapter or other
provisions of law.
(d)
Documentary and mailing fees. For compilation of the names and addresses of all owners who shall receive certified mailing of public notice of public hearing as required by § 164-46E(1) of Chapter 164, Zoning,[2] and the mailing of such notices, the fee shall be as follows:
[1]
For 10 parcels or less.
[2]
For more than 10 parcels but less than 26 parcels.
[3]
For more than 25 parcels.
[2]
Editor's Note: See now § 164-46I(2).
(e)
Appearance fee. The applicant shall pay an additional
fee for each appearance before the Planning Board in excess of three
appearances.
(f)
No refund. Said fees contained in this subsection
shall not be refundable, except on petition to the Town Board, which
may refund any unutilized portion of the fee following audit.
(2)
Land subdivision.[3]
(a)
Generally. In connection with this subsection,
the following provisions will be applicable:
[1]
Professional services. Applicants shall reimburse
the cost of professional services required in the review process of
proposed subdivision plats based on the most current rate. The applicant
shall provide payment on a thirty-day (monthly) basis and/or prior
to appearance before the next Planning Board meeting. All payments
shall be made prior to approval of the final plat.
[2]
Inspection fee. The Town Engineer shall inspect
all required improvements during and after construction to ensure
their satisfactory completion, and the Planning Board shall require
the subdivider to pay an inspection fee to the municipality of a percentage
of the amount of the estimated cost of required improvements. The
subdivision plat shall not be signed by the Chairman of the Planning
Board unless such fee has been paid at the time of final approval.
[3]
Money in lieu of parkland. If the Town Board
will not accept 10% of the development site for parks and playgrounds,
or if the subdivision is not of a clustered design in which more than
80% of the development site will be perpetuated as open space by a
homeowners’ association, the Planning Board shall require, as
a condition to approval of the subdivision plat and/or dwelling units,
a payment to the Recreation Site Acquisition and Improvement Fund
of the Town of Warwick of an amount of $2,500 per dwelling unit or
lot, whichever is greater.
[Amended 10-9-2003 by L.L. No. 5-2003; 1-2-2004; 2-18-20110 by L.L. No.
1-2010]
[4]
Payee. All of the fees herein shall be payable
by check to the Town of Warwick, stating the specific purpose of each
fee.
[5]
Applicants shall submit to the Town all original
legal documents required to be filed in the Orange County Clerk's
office in connection with their application, together with a fee equal
to the costs of filing all necessary documents in the Orange County
Clerk's office and attorney's fees. The subdivision map shall not
be signed by the Chairman of the Planning Board unless each fee has
been paid.
[6]
The Planning Board or, if deemed appropriate
and necessary, the Town Board, may require an applicant to place in
escrow sufficient funds to defray costs incurred by the Town for all
professional services required for proper site plan, subdivision or
environmental review. The beginning balance will be based on estimated
review costs. Should the balance of the account fall below 20% of
the initial deposit, the applicant will be notified and requested
to replenish the account to the agreed amount. This escrow account
does not provide for the other scheduling, development, application
and filing fees set forth below.
(b)
Sketch plan submissions. For both minor and/or
major subdivisions, the application fee shall be paid at the time
that the required maps are submitted and prior to meeting with the
Planning Board for:
(c)
Preliminary plat submissions. For major subdivisions,
a preliminary plat submission fee shall be paid at the time that the
required maps are submitted and prior to meeting with the Planning
Board as follows:
[1]
Lots without central water and sewerage, up
to 25 lots or dwelling units: a fee plus an amount per lot or dwelling
unit proposed.
[2]
Lots without central water and sewerage, which
proposal exceeds 25 lots or dwelling units: a fee plus an amount per
lot or dwelling unit proposed.
[3]
Lots with central water and/or sewerage: a fee
plus an amount per lot or dwelling unit proposed.
(d)
Final plat submission.
[1]
For all final plat submissions, a fee shall
be paid at the time that the required maps are submitted and prior
to meeting with the Planning Board for:
[2]
If a final plat is submitted for only a portion
of the major subdivision shown on the approved preliminary plat, an
additional filing fee shall be paid for each final section submitted
thereafter, plus an amount per lot or dwelling unit not shown on the
approved preliminary plat.
(3)
Vacation campgrounds. There shall be an application
fee, plus an amount per campsite, payable upon application for initial
site plan approval and upon each annual renewal.
B.
Zoning Board of Appeals fees.
(2)
Fees shall be as set for interpretation.
(3)
Publication. The applicant shall also be required to pay, upon presentation, for the actual costs of publication of any and all notices required by any provision of Chapter 164, Zoning, or other provisions of law.
(4)
Documentary and mailing fees. For compilation of the names and addresses of all owners who shall receive certified mailing of public notice of public hearing as required by § 164-46E(1) of Chapter 164, Zoning,[4] and the mailing of such notices, the fee shall be as set
for:
(a)
Ten parcels or less.
(b)
More than 10 parcels, but less than 26 parcels.
(c)
More than 25 parcels.
[4]
Editor's Note: See now § 164-46I(2).
(5)
No refund. Said fees contained in this subsection
shall not be refundable, except on petition to the Town Board, which
may refund any unutilized portion of the fee following audit.
C.
Town Board fees.
(1)
Petition to amend zoning law.[5]
(b)
Publication. The applicant shall also be required to pay, upon presentation, for the actual costs of publication of any and all notices required by any provision of Chapter 164, Zoning, or other provisions of law.
(c)
Documentary and mailing fees. For compilation of the names and addresses of all owners who shall receive certified mailing of public notice of public hearing as required by § 164-46E(1) of Chapter 164[6] and the mailing of such notices, the fee shall be as set
for:
[1]
Ten parcels or less.
[2]
More than 10 parcels, but less than 26 parcels.
[3]
More than 25 parcels.
[6]
Editor's Note: See now § 164-46I(2).
(d)
No refund. Said fees contained in this subsection
shall not be refundable, except on petition to the Town Board, which
may refund any unutilized portion of the fee following audit.
(e)
No fee shall be required for any petitions filed
in support of, or opposing, a proposed amendment.
D.
Building and inspection fees.
(1)
General Building Department fees. Fees shall be as
set for:
(a)
Building permit fees.[8]
[1]
For building permit applications requiring a
C/O: the fee, plus:
[Amended 1-2-2019 by Res.
No. R2019-52]
[2]
In the event that an application for a building
permit is not approved, the applicant shall be entitled to a refund
of all but the base fee paid, provided that no construction has commenced.
There shall be no refund if construction work has commenced prior
to a denial.
[3]
If, during the course of construction, the Building
Inspector finds violations of any municipal or governmental regulations,
codes or ordinances, then the applicant shall pay an additional reinspection
fee per additional inspection of the site.
[4]
Minor building permits not requiring a C/O, the fee plus cost
of construction (includes C/C charge).
[Added 1-2-2019 by Res.
No. R2019-52]
[5]
Renewal of building permit after expiration.
[Added 1-2-2019 by Res.
No. R2019-52]
[6]
Finished basement.
[Added 1-1-2021 by Res. No. R2021-49]
[7]
Change of use.
[Added 1-1-2021 by Res. No. R2021-49]
(b)
Certificate of occupancy and certificate of
compliance fee: the fee, plus the final calculated cost of the improvement
which exceeds the sum contained in the building permit, plus an amount
per additional inspection.
(c)
Miscellaneous letters requested from the Building
Inspector and requests for copies of certificates, plus a fee per
additional inspection.
(d)
Requests for letters relating to flood zones
in the Town.
(e)
Requests for final water meter reading.
(f)
Requests for copies of the Zoning Code and Map.
(g)
Requests for copies of the Subdivision Regulations
of the Town.
(h)
Annual renewal of a special permit for a customary
home occupation, plus a fee per additional inspection.
(i)
Title searches which include copies of certificates
of occupancy, reissue of certificates, a street report and a violation
report letter.
(j)
Violation notices. For confirmed violations of Town Codes there
shall be a violation notice fee.
[Added 1-2-2019 by Res.
No. R2019-52]
(k)
Building permit for permanent installation of electric generators.
[Added 1-2-2019 by Res.
No. R2019-52]
(3)
Mobile homes and courts.[10]
(a)
Use as a temporary residence.
[1]
The application fee for six months or any portion
thereof.
[2]
The renewal fee for one renewal only.
[3]
A cash bond shall be deposited with the Town
to assure removal of the mobile home upon expiration of the temporary
certificate of occupancy.
[4]
There shall be a penalty per month for each
month exceeding expiration of the temporary certificate of occupancy.
(4)
Tree removal, grading and excavation permits. In all instances where a permit is required pursuant to §§ 150-4 and 164-44, a permit fee shall be paid by the applicant as follows:
(a)
For a tree removal, topsoil removal, surface grading or excavation permit pursuant to § 150-4A. The applicant shall also post a performance bond to insure compliance with all applicable standards and requirements in an amount as determined by the Town Engineer.
(b)
For a commercial tree removal, topsoil removal, surface grading or excavation permit pursuant to § 150-4B, plus an amount per acre of land affected by the operation. The applicant shall also post a performance bond to insure compliance with all applicable standards and requirements in an amount as determined by the Town Engineer.
(d)
For commercial timber-harvesting permits,[11] plus an amount per acre of land involved in cutting operations.
The applicant shall also post a performance bond to insure compliance
with all applicable standards and requirements in an amount as determined
by the Town Engineer.
(f)
In areas of the Town where radioactivity may
be a result of excavation, for each observation of the taking of a
certified water test.
(5)
Private wastewater disposal (septic) systems.
(a)
All residential systems applicants shall pay
a basic administrative permit fee for existing design approved after
January 1, 1991, or an amount for existing design approved before
January 1, 1991. This fee may be waived in the event that the total
estimated cost of the work proposed is less than $250. Residential
systems also include preexisting subdivision lots which do have approved
septic disposal systems. This fee shall be paid together with (as
needed):
(b)
Commercial or industrial systems (less than
1,000 gallons per day) applicants shall pay a basic administrative
permit fee for existing design approved after January 1, 2002, or
an amount for existing design approved before January 1, 2002. This
fee shall be paid together with (as needed):
[Amended 1-2-2019 by Res.
No. R2019-52]
(c)
Residential, commercial or industrial systems
(greater than 1,000 gallons per day) applicants shall pay a basic
administrative permit fee. Such applicants must complete all SPDES
permit requirements prior to issuance of a Town permit. Any engineering
review or inspection required shall be on a reimbursement basis, subject
to audit by the Town Board.
(d)
Tank replacements or absorption field gravel
replacement applicants shall pay a fee.
(f)
The Building Department reserves the right to
charge additional fees on an hourly basis to cover the actual time
expended on the application.
(6)
Fire and safety inspections.
[Added 1-2-2019 by Res.
No. R2019-52]
(a)
The Town of Warwick is required to conduct periodic inspections
of all commercial, educational, institutional, and multifamily residential
buildings within the Town of Warwick to ensure compliance with fire
and life safety regulations. In accordance with direction from the
Warwick Town Board, the Building Department assesses a fee for these
inspections.
(b)
The initial inspection fee is based on the following: There
will be a fee for structures less than 5,000 square feet and for structures
more than 5,000 square feet. In the event a fire inspection fails,
we will do a reinspection within 30 days for no charge. In the event
the inspection fails a second time, an additional inspection fee will
be charged. Any additional inspections that may be required will be
charged as well.
(7)
Administrative fee.
[Added 8-19-2004; amended 1-2-2019 by Res. No. R2019-52]
(b)
Recognizing the extra clerical and follow-up enforcement costs
to the Building Department necessitated by such delinquent applications,
the Building Department shall charge an extra administrative fee equal
to the original permit fee plus actual hourly wages of any employee
whose time is expended in connection with working on such applications.
[1]
Editor's Note: The Schedule of Fees is on
file in the Town offices.
