Chapter 64 Fees and Deposits

§ 64-2 Copies of official records, laws and maps.

This local law also repealed former Ch. 64, Fees and Deposits, adopted 11-20-1969 by L.L. No. 1-1969, as amended.

§ 64-1 Definitions.

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.

BUILDING INSPECTOR

The Building Inspector of the Village.

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:

Pages and writings contained in the official Minute Books of the Village's Board of Trustees, Planning Board and Zoning Board of Appeals.

Public records, papers and writings in the custody of any Village department, official or employee.

VILLAGE

The Incorporated Village of Matinecock.

Any person who requests a copy of any public official record of the Village shall pay to the Clerk or designee $0.25 per page for originals not exceeding 8 1/2 inches by 14 inches or the actual cost of reproduction for larger-size originals or those originals that are not reproducible on Village equipment.

The following booklets and maps, when in print, are available for the noted charge:

Village Code: $250, which includes subscription.

Zoning Pamphlet: $25.

Subdivision Pamphlet: $20.

Village Map: $25.

The Board of Trustees may, by resolution, increase the above charges for these publications.

§ 64-3 Building Department.

Building permit fee.

Due on the filing of an application for a building permit for all construction, the applicant shall pay to the Village a permit fee in an amount equal to 1% of the estimated cost of construction based upon actual cost or the Village's minimum construction cost standards or minimum permit fee, whichever is greater.

Cost of construction and minimum permit fee. The minimum construction cost for estimating a building permit fee for the noted construction shall be as follows:

Single-family dwelling: $250 per square foot.

Addition to a single-family dwelling: $200 per square foot.

Accessory building: $150 per square foot.

Deck or masonry patio: $20 per square foot or $250, whichever is greater.

(e)

Commercial construction: $250 per square foot.

The minimum building permit fee for the noted construction shall be as follows:

Swimming pool: $750.

Tennis court: $750.

Storage shed (200 square feet or less): $100.

Oil or propane tank installation, generators, oil/gas conversions, boiler replacements: $175.

[Amended 7-21-2009 by L.L. No. 1-2009]

(e)

Spa, hot tub or other recreational court: $500.

Demolition of principal or accessory dwelling: $1,500.

[Amended 7-21-2009 by L.L. No. 1-2009]

Demolition of accessory structure: $500; if less than 250 square feet: $250.

Fence or sign: $50.

Cost for other construction shall be determined by the Building Inspector and approved by the Board of Trustees.

(5)

The above minimum cost of construction and minimum permit fees may, from time to time, be added to, amended, modified or eliminated by resolution of the Board of Trustees.

Additional fees. In addition to the building permit fee, the following fees are due and owing on the filing of an application for a building permit:

Site plan review.

[Amended 7-21-2009 by L.L. No. 1-2009]

If requested by the Building Inspector, the Village's Engineer will review the application and plans. The Village Engineer's fees shall be the responsibility of and paid by the applicant. The applicant shall deposit the below amount with the Village for the payment of engineering fees as follows:

Construction of a single-family dwelling: $2,000.

Alteration to an existing single-family dwelling, construction or alteration of an in-ground swimming pool, tennis court, deck, attached garage or other significant accessory building: $1,000.

Resubmission of a site plan which contains a substantial modification or revision shall be deemed a new application. If the engineering fees incurred by the Village in review of the application are less than deposited, the balance shall be refunded. If the engineering fees incurred are more, the applicant shall be responsible for the balance due.

Certificate of occupancy:

[Amended 7-21-2009 by L.L. No. 1-2009]

Fee: $350

Duplicate certified copy: $50.

Certification of preexisting structure: $500

Certificate of occupancy deposit: $500, to be made with the building permit application, the balance to be returned when the certificate of occupancy is issued. If the certificate of occupancy is not issued prior to the expiration of the permit, the deposit shall be forfeited to the Village. Thereafter, the applicant must apply to renew his building permit application and make an additional certificate of occupancy deposit in addition to the renewal fee.

Certificate of completion (sheds, generators, propane tanks, fences, etc.): $200.

[Added 7-21-2009 by L.L. No. 1-2009]

Miscellaneous.

The building permit for a single-family dwelling will expire 24 months from the date of issuance. For all other construction, the building permit will expire 12 months from the date of issuance. A building permit may be extended for an additional six-month period upon payment of a renewal fee of $1,500 for a single-family and $750 for an accessory structure, plus all other costs incurred by the Village for engineering review and legal review incurred by the Village in the renewal process. No further renewals of a building permit will be granted, unless authorized by the Board of Trustees.

[Amended 7-21-2009 by L.L. No. 1-2009]

Building permit fees.

[Amended 3-17-2015 by L.L. No. 1-2015]

Building permit fees set forth in Subsection A shall be doubled for construction that is commenced without a validly issued building permit by the Building Department. If the terms or conditions of the building permit or provisions of the Village's Code are violated during construction after the issuance of the permit, the Building permit fees shall be increased as follows:

First violation: $500;

Second violation: $1,000;

[3]

Third violation: $2,500;

[4]

Fourth violation: $7,500.

If after the issuance of the permit and during construction, or the terms or conditions of a stop-work order that is served on the contractor or property owner by the Village is violated, the Building permit fees shall be increased as follows:

First violation: $2,500;

Second violation: $5,000;

[3]

Third violation and all further violations: $10,000.

Failure to pay the additional building permit fees within 30 days will result in suspension of the building permit.

Fees for duplication of Building Department records, including a survey, shall be the actual cost of reproduction, plus an administration charge of $50.

[Amended 7-21-2009 by L.L. No. 1-2009]

§ 64-4 Board of Zoning Appeals.

[Amended 9-9-2008 by L.L. No. 3-2008]

Every applicant to the Village's Zoning Board of Appeals shall pay to the Village the following:

Filing fee.

Application for special use permit and amendments thereto: $5,000.

Appeal and all other matters: $2,500, plus $750 for each adjourned hearing.

General appearance fee for discussion with Board of Zoning Appeals when no application or appeal is pending: $750.

Deposit. In addition to the above filing fee, a hearing charge deposit shall be submitted with an application 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: $15,000.

General appearance fee for discussion purposes with Board of Zoning Appeals: $750.

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.

Hearing charges.

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:

Maximum legal fees: $100,000.

All hearing charges shall be paid to the Village before the Zoning Board of Appeals shall file its decision.

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]

§ 64-5 Planning Board.

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:

Filing fees.

Preliminary approval: $1,000 per lot.

Final approval: $500 per lot.

General discussion before Planning Board: $750 per meeting.

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]

Hearing deposit.

Preliminary approval: $10,000 plus $750 per building lot.

Final approval: $10,000 plus $750 per building lot.

All other matters: $1,000.

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]

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:

Maximum Village legal fees chargeable to the applicant as follows:

Application with fewer than five lots: $50,000.

Application with five or more lots: $100,000.

Environmental review of application pursuant to SEQRA:

With fewer than five lots: $25,000.

With five or more lots: $50,000.

§ 64-6 Licenses and permits for certain activities.

Site plan review: $15,000.

[Added 12-17-2013 by L.L. No. 3-2013]

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.

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.

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.

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:

Heavy trucking: bond to be posted with the Village in an amount to be determined by the Building Department.

Tow car permit: $100 per calendar year; $50 if permit expires within six months.

Street opening:

Permit fee: $350.

Bond: an amount determined by the Street Commissioner not to exceed $75 per square foot.

Parades, auction sales and tag sales.

Parade, auction, special event or sale permit fee: $1,500 per day.

[Amended 5-21-2019 by L.L. No. 2-2019]

Tag sale by homeowner: $50.

Burglar and fire alarm fees.

Business license: $100 for a two-year period.

Agent license: $50 for a two-year period.

Alarm user permit:

New alarm installation, significant modification to existing alarm system or change of ownership: $50, valid for a one-year period.

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.

Annual renewal fee: $20.

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]

Tree removal permit fee: $50 per application minimum fee for the removal of up to five trees.

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:

For the sixth to the 10th tree: $20 per tree;

For 11 to 20 trees: $30 per tree for every tree to be removed beyond five;

For 21 trees and more: $75 per tree for every tree to be removed beyond five.

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.

The application fee for a tree removal permit for trees that had been removed without a permit, shall be tripled plus $250.

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.

§ 64-7 Board of Trustees.

[Added 11-16-2010 by L.L. No. 1-2010[1]]

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.

§ 64-8 Refunds; waivers; assessment of unpaid fees.

Editor’s Note: This local law also provided for the renumbering of former §§ 64-7 and 64-8 as §§ 64-8 and 64-9, respectively.

Refund of fees. No filing fees, deposits or charges required by §§ 64-3, 64-4, 64-5, 64-6 and 64-7 shall be returned or refunded, except as follows:

[Amended 11-16-2010 by L.L. No. 1-2010]

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 for review and inspection have not been incurred as certified to the Board of Trustees by the Building Inspector.

If an application to the Village's Planning Board or Zoning Board of Appeals 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.

If the actual charges assessed pursuant to §§ 64-4C and 64-5C do not exceed the deposit held by the Village, the remaining balance shall be refunded to the applicant or appellant, provided that he 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.

The Board of Trustees, in its sole discretion, shall have the right to waive any fee, charge or deposit or portion thereof imposed pursuant to this chapter as it deems necessary and proper.

Fees and costs assessed. Any fees and charges herein required under §§ 64-3, 64-4, 64-5, 64-6 and 64-7 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 11-16-2010 by L.L. No. 1-2010]

§ 64-9 Interpretation and application.

[Amended 5-21-2019 by L.L. No. 2-2019]

Words that are singular or masculine shall be deemed to be plural or feminine whenever the sense of this chapter so requires.

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.

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.

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:

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).