[Added 4-7-2005 by L.L. No. 2-2005]
Notwithstanding any other provision of law, the Board of Trustees may, from time to time, by resolution, amend or change any fee described in this Article XIII of the Zoning Code of the Incorporated Village of Roslyn Harbor or add any additional fee for any matter in the discretion of the Board of Trustees. Any fee so established or changed or amended may thereafter be established, changed, or amended by resolution of the Board of Trustees, and any such fee so established, changed or amended shall supersede any previous fee established for the same item or application. The Board of Trustees may, from time to time, establish and amend the schedule of required insurance policies for such applications to the Village and the Village's boards, departments, committees and commissions as the Board may deem appropriate. All such insurance, unless otherwise provided by resolution of the Board of Trustees, shall be issued by companies authorized to do business within the State of New York.
Upon application for any development review, as provided for in this chapter, the applicant shall provide a nonrefundable fee in the form of a check or money order made payable to the Village of Roslyn Harbor to the Village Clerk in the amount specified in this article (Article XIII). No application shall be accepted for review unless such fees are paid in full.
On all applications to the Board of Trustees,
Zoning Board of Appeals and Planning Board, except a request for the
renewal of a variance or permit relating to a single-family residential
use, a request for a sign permit or a request for a temporary structure
permit, the applicant shall be liable to the Village for and shall
pay the following costs and fees which may be incurred by the Village
in processing the application, which costs and fees shall be consistent
with the costs and fees for the services then prevailing in the community:
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of the application to the Zoning Board of Appeals for the following review:
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of the application for review to the Planning Board for the following review:
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of an application to the Board of Trustees for the following review:
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of an application to the Building Inspector for the following permits or certificates:
A.
Building permit. The amount of the building permit
fee shall be based upon the estimated cost of the construction as
supplied by the applicant utilizing habitable floor space as the basis.
In the event that the actual cost of construction exceeds the estimate
contained upon the building permit, the applicant shall, at such time
as may be fixed by the Building Inspector, but prior to the issuance
of a certificate of occupancy, pay to the Village an amount sufficient
to pay the building permit fee computed upon the actual construction
costs.
B.
Temporary structure permit.
C.
Sewage disposal approval.
D.
Sewage system inspection.
E.
Sign permit.
F.
Certificate of occupancy.
G.
Temporary certificate of occupancy.
H.
Fence permit.
I.
Cesspool permit.
J.
Streets.
[Amended 4-5-2001 by L.L. No. 3-2001; 4-7-2005 by L.L. No.
2-2005]
In addition to the filing fees required under §§ 275-67 through 275-70 of this chapter, initial deposits are hereby established and required for applications to the Board of Trustees, Planning Board and Zoning Board of Appeals to defray the actual costs, expenses and fees which have been necessarily and actually incurred by the Village. The amount of the required deposit shall be as set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code.
[Amended 4-7-2005 by L.L. No. 2-2005]
A.
If the remaining deposit, after deducting from the
initial deposit and any subsequent deposits the reasonable costs incurred
by the Village in connection with an application, falls below 20%
of the initial deposit, the appropriate board shall require that the
applicant pay additional funds to the Village up to 100% of the initial
deposit together with any deficiency so that there are sufficient
funds available for the Village to reimburse itself and pay other
expenses incurred by it in connection with such application. This
shall be done as often as required until the conclusion of the particular
application.
B.
No review shall be undertaken or continued by the
Village, its attorneys or any consultants retained by it, or the matter
scheduled before any board, until the initial deposit and any replenishment
required herein are paid to the Village.
C.
In the event that an applicant shall withdraw its
application at any stage of the proceedings or when the application
review and approval process has been completed, the balance of funds
in the applicant's account shall be either remitted to the applicant
within six months after the filing of the final determination by the
board or, if so directed by the applicant, shall remain on deposit
as the applicant's initial payment during any post-approval inspection
or other requirement.
D.
The applicant shall be responsible for all fees incurred
in connection with the application, notwithstanding that the deposits
may be insufficient to pay for said fees and expenses.
A.
In the event that the amount of the deposit required in § 275-71 is insufficient to cover the costs as set forth in this article (Article XIII), then the applicant shall at such time as may be fixed by the applicable board or administrative official, as the case may be, deposit with the Village an amount sufficient to defray the additional costs. In the event the amount of the deposit shall exceed said costs at the conclusion of the particular application, the unused portion of the deposit shall be returned to the applicant, provided that the applicant shall within six months thereof file with the Village Clerk a written demand for such refund. All unclaimed deposits shall become the property of the Village six months after the filing of the final determination by the Village.
B.
No action shall be taken by any Village Board or by
any Village official on any application subject to the requirements
of this chapter unless and until all fees and deposits required hereunder
shall have been paid. No subdivision bond may be discharged until
all costs as provided herein shall have been paid.