Town of Poestenkill, NY Fees

The purpose of this chapter is to establish and provide for the periodic review and amendment of a schedule of fees and expenses to be charged in the administration of Town of Poestenkill laws, ordinances, rules, regulations and resolutions and, to the extent practicable, to consolidate such charges under one chapter of law.

§ 128-3 Applicability.

The fees set forth herein shall apply to the provisions of all of the local laws, ordinances, rules, regulations and resolutions adopted by the Town Board and shall, to the extent inconsistent therewith, supersede any specific fee contained or referred to in such laws, ordinances, rules, regulations or resolutions which have been adopted prior to the effective date of this chapter. The foregoing notwithstanding, fees or charges in addition to those contained herein may be expressly authorized by a local law, ordinance, rule, regulation or resolution adopted after the effective date of this chapter.

§ 128-4 Schedule of fees.

[Amended 5-17-2007 by L.L. No. 1-2007; 6-17-2010 by L.L. No. 2-2010; 7-21-2011 by L.L. No. 2-2011;6-20-2013 by L.L. No. 3-2013; 2-25-2022; 4-15-2021 by L.L. No. 2-2021]

Fee Type		Fee	Minimum/ Maximum Fee	Source Reference
Building and Development Permits Note: All area and volume measurements used as fee bases have been calculated from gross earlier dimensions and rounded to the nearest whole unit				Ch. 92; § 150-81A(2)
One- or two-family house, including garages		$18.50 per 100 square feet of habitable/usable floor area	$300/no maximum
Mobile, modular or manufactured home on a foundation		$16.50 per 100 square feet of habitable/usable floor area	$275/no maximum
Mobile, modular or manufactured home (single wide) on a slab		$16 per 100 square feet of habitable/usable floor area	$275/no maximum
Multifamily (3 or more) dwelling		$18 per 100 square feet of habitable floor area	$175/no maximum
Structural alterations, repairs — interior and/or exterior		$15 per 100 square feet	$75/no maximum
Garages or additions		$16 per 100 square feet	$100/no maximum
Decks and porches (open)		$12 per 100 square feet	$50/no maximum
Decks and porches (enclosed)		$14 per 100 square feet	$75/no maximum
Carport or patio roof		$35, up to 300 square feet; $50, for 301 square feet or more
Agricultural buildings, other than pole barns		$5 per 100 square feet	$50/no maximum
Pole barns, open on all sides (agricultural or noncommercial)		$100 for up to 800 square feet plus $10 for each additional 100 square feet or fraction thereof
Pole barns, closed on one or more sides (agricultural or noncommercial)		$150 for up to 800 square feet plus $12 for each additional 100 square feet or fraction thereof
Commercial fences		$25
Residential fences		$10
Storage shed on masonry slab		No permit required and no fee payable for up to 144 square feet; for an area exceeding 144 square feet, a permit is required at a fee of $15 plus an additional $15 for each additional 100 square feet or fraction thereof in excess of 144 square feet
Storage shed without masonry slab		No permit required and no fee payable for up to 144 square feet; for an area exceeding 144 square feet, a permit is required at a fee of $10 plus an additional $10 for each additional 100 square feet or fraction thereof in excess of 144 square feet
Swimming pools, including fencing		Aboveground pool — $75 In-ground pool — $150
Commercial/industrial building		$22 per 100 square feet
Churches and schools, and also public assembly areas for fraternal/service organizations when authorized by resolution of the Town Board		$15 per 100 square feet	$200/$400
Development (building) permit within flood-fringe overlay		$100 plus usual fee		§ 132-11B
Installation of solid-fuel-burning heating systems		$25		§ 92-4
Renewal of existing building permit without change except for complying with any new safety standard		25% of initial fee
Demolition permit		$75 for up to 200 square feet footprint, plus $10 per additional 200 square feet or fraction thereof
Certificate of occupancy/compliance		$25
Operating permit		$25
Written certification of file contents		$20
Installation of photo-voltaic system or solar-heated hot water system		$75 for roof-mounted system $50 for ground-mounted system
Installation of electricity generating wind turbine (net metering)		$100, residential/ agricultural; $200, commercial
Fireplaces/woodstoves/gas fireplaces		$35
Permit renewals		25% of original fee for first renewal; 50% of original fee for second renewal; 75% of original fee for any subsequent renewal
Inspections
Subdivision improvements Small-scale mines		$50 per lot $50 per acre of active mine plus nonreclaimed land		§ 195-9 § 150-72D
Copies of Town Records and Documents
Items copied by the Town		$0.25 per letter-sized page		§ 63-9
Land Use Code		$15
Other items (maps, etc.)		Reproduction costs plus 50%		§ 63-9
Junkyard Licenses				§ 145-8
Initial application		$50
Renewals		$50
Miscellaneous Fees
Certified copy of document Returned check charge		$10 plus copy fee $20, plus any bank charge to the Town
Peddlers, hawkers, solicitors		$50 per year		§ 166-6
Sign Permits				§ 150-20C
All types except freestanding		$25
Freestanding		$35
Planning/Zoning Applications
Minor subdivision (newly created lots only)		$100 for first new lot $200 for each additional lot		§ 195-5A(2)
Major subdivision (newly created lots only)		$500 per lot		§ 195-6A(2)
Site plan review (if no SUP required — due with application for preliminary site plan review)		$50		§ 150-50
Stormwater protection plan review		$250 plus escrow payment as required by § 18 of Local Law No. 2 of 2008		Ch. 190
Lot line adjustments (not including resolution of boundary line disputes between adjoining owners, which requires no Town involvement)		$100 per adjusted line
Permit (includes certificate of occupancy)		$100
Special Use Permits Planning Board reviews required by schedule of uses set forth in Land Use Code (See Table set forth in § 128-5 for listing of special use permit types in land use districts)				§§ 150-38, 150-42
	Type I	$25
	Type II	$150
	Type III	$500
	Type IV	$1,000
	Type V	$5,000
Development near streams and wetlands		$250		§ 150-23
Development in flood-fringe overlay		$250		§ 150-24
Oil, gas removal		$250		§ 150-34
Mining in NP District, with DEC permit		$1,000		§ 150-68
Small-scale mining		$75		§ 150-70
Grading		$75		§ 150-74
Private wood operations		$150		§ 150-28.1
Commercial wood operations		$500		§ 150-28.1
Zoning Board of Appeals Actions				§ 150-85B
Request for interpretation		$40
Application for use variance		$60
Application for area variance		$40
Rezoning Application to Town Board		$500		§ 150-90C, § 150-62 (PDD)
State Environmental Quality Review		Variable: Reimbursement to Town for all necessary and reasonable expenses
Dog Licenses				§ 108-11B
Spayed or neutered dog*		$14
Unspayed or unneutered dog*		$24
Replacement tag		$3
Surcharge for dog identified as unlicensed during an enumeration or dog whose license has lapsed for a period of 31 or more days		$10
Water Services				See Chapter 220, § 220-36
Wind Energy Facilities				§ 224-17
Small wind energy facility		$100
Wind energy facility		$500 per megawatt of proposed nameplate capacity
Nothing set forth herein shall operate or be deemed to permit any use or activity in any zoning district which use or activity is not expressly permitted by the District Schedule of Use Regulations set forth in the Land Use Regulations of the Town of Poestenkill (Chapter 150 of the Code of the Town of Poestenkill).
* 2-year license

§ 128-5 Establishment of types of special use permits in land use districts.

[Amended 6-17-2010 by L.L. No. 2-2010; 7-21-2011 by L.L. No. 2-2011]

Special use permits required by § 150-42A(3) for uses specified in the District Schedule of Use Regulations, Town of Poestenkill, Chapter 150 of this Code, are hereby categorized by type as listed in the following table for the purpose of assigning the amount of fee required for each type of special use permit.

Town of Poestenkill Table of Special Use Permit Types in Land Use Districts
All types also require site plan review except for those marked with an *
		Type I	Type II	Type III	Type IV	Type V
Residential Uses:
	Family dwellings*		X
	Multifamily dwelling		X
	Boarding- and rooming house			X
	Community residence			X
General Uses:
	Keeping of fowl and livestock on nonfarm parcels*	X
	Noncommercial stable for horses*	X
	Day camp or camp for public use			X
	Church or other place of worship			X
	Private academic or technical or nursery school			X
	Hospital, nursing home, or medical clinic			X
	Cultural facilities (library, art gallery, museum, etc.), institutions and philanthropic uses			X
	Nonprofit membership club			X
	Nonprofit recreational or athletic facility			X
	Cemetery or crematory		X
	Personal service (beauty shop, barbershop, etc.)		X
	Public utility or transportation use			X
	Golf course or country club			X
	Class II home occupation, occurring within a customary accessory structure*		X
	Roadside stand*	X
Commercial Uses:
	Riding academy			X
	General office			X
	Professional office			X
	Retail business or service not otherwise mentioned herein			X
	Restaurant			X
	Tavern, bar or nightclub			X
	Gasoline station			X
	Recreational vehicle campgrounds			X
	Kennel, hobby*	X
	Kennel, private*		X
	Kennel, commercial breeder*			X
Light Industrial Uses:
	Research laboratories				X
	Warehousing, light manufacturing or light processing				X
	Auto or equipment rental or sales				X
Natural Resource Uses:
	Commercial excavation, including extractive operations and soil mining				X
Personal Wireless Telecommunications Services Facility (Cell Phone Tower)
	Minor personal wireless telecommunications services			X
	Major personal wireless telecommunications services (existing tower)				X
	Major personal wireless telecommunications services (including new tower)					X

§ 128-6 Reimbursable costs.

As required and authorized by §§ 100-13, 108-9B, 150-44, 150-56, 150-75B(7), 150-79B(2), 195-8 and any other part of this Code, whether or not specifically mentioned in this subsection, all necessary and incidental expenses, as well as any extraordinary costs incurred by the Town in administering or enforcing this Code, will be reimbursable to the Town from the applicant, appellant or prospective permittee. In particular, and without in any way limiting the generality of the foregoing, the Town Board, Planning Board and Zoning Board of Appeals, in the review of any application for which a fee, Town permit or other Town action is required, may refer any such application for review and recommendations to an engineering, planning, environmental or other technical consultant as the board shall deem reasonably necessary to enable it to review details of the application as required by law.

The charges made by such consultants shall be in accord with charges normally made for such services in the Capital District of New York Region or in accord with prior agreement with the applicant. Such reimbursable costs shall be in addition to the normal fee required by this Code. All such charges shall be paid upon submission of a Town voucher by the service provider. The applicant shall reimburse the Town for the cost of such consultant services upon submission to the applicant of a copy of the voucher therefor. Such reimbursement shall be made prior to final action on the application.

In the event that an application is required to be reviewed by the Town Board and any other board, then, in such event and to the extent practical, both boards shall use the same consultants, who shall, in such case, prepare a single report providing the data, information and recommendations requested by both boards. In all instances, duplications of consultants' reports shall be avoided, wherever practical, in order to minimize the cost of such consultants' reports to the applicant.

An applicant who feels that charges were not properly applied or calculated may appeal such charges to the Town Board.[1]

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 128-7 Refunds.

All petitions for refunds in the event an application is withdrawn shall be made to the Town Board. Refunds of fees will be allowed in proportion to the status of the application and any funds expended in the processing of such application. In no case shall more than 1/2 or 50% of the fee be refundable. Where applications are submitted which do not contain the required materials for review, an administrative fee of 10% of the application fee will be assessed with the returned application. No fee is refundable after the scheduling of a required public hearing.

§ 128-8 Periodic review.

The Town Board shall review annually the fee schedule set forth in this chapter. If changes are deemed necessary or desirable the Town Board shall, by local law similar hereto, after a public hearing for which notice shall be given at least 10 days prior thereto, amend the fees set forth herein.

§ 128-9 General effect on existing local legislation and enactments.

The fees set forth herein shall apply to the provisions of all of the local laws, ordinances, rules, regulations and resolutions adopted by the Town Board and shall, to the extent inconsistent therewith, supersede any specific fee contained or referred to in such laws, ordinances, rules, regulations or resolutions which have been adopted prior to the effective date of this chapter. All other provisions set forth in such prior enactments shall be unaffected by this chapter except as specifically provided in § 10 of Local Law No. 1 of Year 2003.[1]

[1]

Editor's Note: Said § 10 of L.L. No. 1-2003 made specific revisions to remove or modify fee language in Chapters 63, 92, 132, 145, 150, 166 and 195 of the Code.