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
195, 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, Board of Trustees, Clerk, Building Inspector, Street
Commissioner, and Commissioner of Public Works.
APPLICATION
Any application or written request made to the Village's
Zoning Board of Appeals, Planning Board, Board of Trustees, Clerk,
Building Inspector, Street Commissioner, and Commissioner of Public
Works seeking approval or relief.
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:
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 Matinecock.
[Amended 9-9-2008 by L.L. No. 3-2008]
A. Every applicant to the Village's Zoning Board of Appeals
shall pay to the Village the following:
(1) Filing fee.
(a)
Application for special use permit and amendments
thereto: $5,000.
(b)
Appeal and all other matters: $2,500, plus $750
for each adjourned hearing.
(c)
General appearance fee for discussion with Board
of Zoning Appeals when no application or appeal is pending: $750.
(2) Deposit. In addition to the above filing fee, a hearing
charge deposit shall be submitted with an application for:
(a)
All applications and appeals, except for a dimensional
variance for a single-family residence or for an accessory structure
to a single-family residence: $15,000.
(b)
General appearance fee for discussion purposes
with Board of Zoning Appeals: $750.
B. 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.
C. Hearing charges.
(1) Each applicant to the Board of Zoning Appeals for
all applications and appeals, except for a dimensional variance for
a single-family residence or for an accessory structure to a single-family
residence, 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 to the below
maximum amount:
(a)
Maximum legal fees: $100,000.
(2) All hearing charges shall be paid to the Village before
the Zoning Board of Appeals shall file its decision.
D. Fees and
all additional costs incurred shall be paid by the applicant to the
Village.
[Added 7-21-2009 by L.L. No. 1-2009]
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:
A. Filing fees.
(1) Preliminary approval: $1,000 per lot.
(2) Final approval: $500 per lot.
(3) General discussion before Planning Board: $750 per
meeting.
(4) Adjourned public hearing: $750 per adjourned hearing.
(5) Slope
land permit: $2,500.
[Added 7-21-2009 by L.L. No. 1-2009]
(6) Excavating and filling permit pursuant to §
59-5.
[Added 11-16-2010 by L.L. No. 1-2010]
(7) Site
plan review: $750.
[Added 12-17-2013 by L.L.
No. 3-2013]
B. Hearing deposit.
(1) Preliminary approval: $10,000 plus $750 per building
lot.
(2) Final approval: $10,000 plus $750 per building lot.
(3) All other matters: $1,000.
(4) Minimum hearing deposit to be maintained by applicant
during subdivision or partitioning applications: $5,000; site plan
review $2,500; additional hearing deposits to maintain minimum balance:
amount to be determined by the Mayor or, in his absence, by the Deputy
Mayor.
[Amended 7-21-2009 by L.L. No. 1-2009; 12-17-2013 by L.L. No. 3-2013]
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. 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:
(1) Maximum Village legal fees chargeable to the applicant
as follows:
(a)
Application with fewer than five lots: $50,000.
(b)
Application with five or more lots: $100,000.
(c)
Environmental review of application pursuant
to SEQRA:
[1]
With fewer than five lots: $25,000.
[2]
With five or more lots: $50,000.
(d)
Site plan review: $15,000.
[Added 12-17-2013 by L.L.
No. 3-2013]
D. 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.
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 an amount equal to 1/2 of the required filing fees enumerated in Subsection
A(1) and
(2).
[Amended 7-21-2009 by L.L. No. 1-2009]
An applicant for permits or licenses to conduct
any of the following activities in the Village shall pay to the Village
a fee and/or post a bond as determined by the following schedule:
A. Heavy trucking: bond to be posted with the Village
in an amount to be determined by the Building Department.
B. Tow car permit: $100 per calendar year; $50 if permit
expires within six months.
C. Street opening:
(2) Bond: an amount determined by the Street Commissioner
not to exceed $75 per square foot.
D. Parades, auction sales and tag sales.
(1) Parade, auction, special event or sale permit fee: $1,500 per day.
[Amended 5-21-2019 by L.L. No. 2-2019]
(2) Tag sale by homeowner: $50.
E. Burglar and fire alarm fees.
(1) Business license: $100 for a two-year period.
(2) Agent license: $50 for a two-year period.
(3) Alarm user permit:
(a)
New alarm installation, significant modification
to existing alarm system or change of ownership: $50, valid for a
one-year period.
(b)
Initial permit fee for all existing alarm users who do not have an alarm user permit as of the effective date of Chapter
11, Article
I: $50, valid for a one-year period.
F. Commercial use of residential property when authorized
by the Board of Trustees: $2,000 per day.
[Amended 5-21-2019 by L.L. No. 2-2019]
G. Tree removal
permit fee: $50 per application minimum fee for the removal of up
to five trees.
(1) For
an application that involves the removal of six or more frees, 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:
(a) For
the sixth to the 10th tree: $20 per tree;
(b) For
11 to 20 trees: $30 per tree for every tree to be removed beyond five;
(c) For
21 trees and more: $75 per tree for every tree to be removed beyond
five.
(2) 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.
(3) The
application fee for a tree removal permit for trees that had been
removed without a permit, shall be tripled plus $250.
(4) In addition
to a tree removal permit fee, the Village may require new plantings
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.
[Added 11-16-2010 by L.L. No. 1-2010]
Any applicant petitioning the Board of Trustees for relief for
their personal benefit or that of their property shall be responsible
for all expenses incurred by the Village for engineering, inspection,
consulting, stenographic, administration, and legal expenses in connection
with such request. The Board of Trustees may require a deposit for
these expenses in an amount it deems appropriate taking into account
the requested relief.
[Amended 5-21-2019 by L.L. No. 2-2019]
A. Words that are singular or masculine shall be deemed
to be plural or feminine whenever the sense of this chapter so requires.
B. The fees, deposits and charges set forth above may be increased or
decreased from time to time by resolution of the Board of Trustees,
and a current record and schedule of such fees, deposits and charges
shall be maintained by the Village Clerk/Treasurer.
C. License and permit fees set forth in this section shall be doubled
when the activity is commenced without a validly issued Village permit
or license.
D. 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:
(1) 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).
(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.