[Last amended 6-23-2011 by L.L. No. 3-2011]
A.
Intent; purpose. In order for the Village of East Hills to properly
review zoning and land use applications and to thereby preserve, protect
and further the health, safety and welfare of the citizens of the
Village, the Village oftentimes must retain outside consultants to
provide it with independent advice and guidance in such diverse areas
as engineering, planning, environmental impact review, traffic, sound,
landscape design, economics, law and other specialized disciplines.
The Board of Trustees finds that it is desirable that the costs associated
with such reviews should be borne directly by the applicants rather
than the taxpayers at large of the Village. To that end, while the
Village Code currently provides for the reimbursement of certain review
expenses, the Board of Trustees finds that these sections require
revision in order to be more comprehensive in their scope and to provide
for the reimbursement for Village consultants and to allow for deposits,
in certain instances. These current sections also require revisions
to include requirements that applicants make deposits with the Village
to cover reasonable and necessary anticipated costs and expenses for
consultants to the Village. Accordingly, it is the intention of this
article to expand the scope of costs covered under the current provisions
of the Village Code and to establish fee deposit requirements to ensure
reimbursement of various reasonable and necessary costs incurred by
the Village in considering zoning and planning applications.
B.
Fees established. All fees are required and shall be paid for conducting
any business, activity or obtaining any permit in the Incorporated
Village of East Hills and shall be payable upon the filing of the
application unless otherwise specifically stated. Fees shall be as
follows:
(1)
Filing plats: $1,000.
(2)
Application for change of zone: $10,000 and all other application
costs, fees and deposits as set forth below.
(3)
Building permit:
(a)
New construction: $100, plus an additional 1.5% of the estimated
cost of alteration ($15 per $1,000 of the estimated cost).
(b)
Alterations or additions to existing buildings: $100, plus an
additional 1.5% of the estimated cost of alteration or construction
($15 per $1,000 of estimate cost). However, from the effective date
of the implementation of this amendment to this provision of the section
up to and including March 31, 2013, there shall be no fee charged,
including but not exclusively the fees required for a building permit,
together with the certificate of completion fee of $100 to install
a generator or other alternative source of power in a residence, provided
that all work and the installation is successfully completed by March
31, 2014. If the application for a generator or alternative source
of electricity is not filed by March 31, 2013, with the work successfully
completed by March 31, 2014, then all fees regularly charged prior
to under this provision of the section shall be imposed on the homeowner.
The fees shall include both the full application fee and building
permit fee.
[Amended 12-4-2012 by L.L. No. 6-2012; 6-26-2013 by L.L. No.
10-2013; 1-22-2014 by L.L. No. 1-2014]
[1]
There shall be no fee charged for a renewal of building permit to install a permanent generator which becomes due from January 1, 2014, up to March 31, 2014, provided that the application for the permanent installation of a generator was submitted between the dates of December 4, 2012, and March 31, 2013. All fees prior to and after these dates remain in effect for renewals, except as provided in Subsection B(3)(b)[2] below.
[2]
The date of March 31, 2014, as set forth in this section, pursuant to Subsection B(3)(b) and B(3)(b)[1] will be automatically extended beyond March 31, 2014, for any time that an electrical contractor who is performing the services for the installation of a permanently installed generator is subject to a stop-work order by the Village.
(c)
Amendment to permit: $100 plus an additional 1.5% of the estimated
cost of amended portion of construction ($15 per $1,000 of estimated
cost).
(d)
Renewals of building permit: for all building permits issued
on or after January 1, 2008:
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First renewal: for a length of one-year period or part thereof,
$200.
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Second renewal: for a length of one-year period or part thereof,
$500.
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Each renewal thereafter: for six months in length or part thereof,
$500.
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For all building permits issued prior to January 1, 2008: a
fifty-dollar renewal fee for each six-month extension applies.
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(e)
Expired building permits. Application to reinstitute a building permit which expired two years or less, a fee of 0.75% of the estimated cost of alteration shall be charged, but in no event shall the fee for the reinstitution exceed $9,500. Moreover, provided the expired building permit is two years or less, an application is made pursuant to this section, the application is approved, and the fees paid, then § 271-138B(3)(a) and (b), together with § 271-13B(34), do not apply.
[Added 2-15-2017 by L.L.
No. 1-2017[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection B(3)(e) through (h) as Subsection B(3)(f) through
(i), respectively.
(f)
Fence permit or renewal of fence permit: $75.
(g)
Presubmission site plan review conference: $100 per conference.
(h)
Cesspool and/or septic tank application and inspection: $150
each.
(5)
Building demolition: $100 plus an additional 1.5% of the estimated
cost of demolition ($15 per $1,000 of estimated cost).
(6)
Excavation permit: $100, plus an additional 1.5% of the estimated
cost of excavation ($15 per $1,000 of the cost).
(7)
Certificate of occupancy/certificate of compliance.
(a)
New dwelling: 1% ($10 per $1,000 or each fraction thereof) of
the estimated cost of such building. For purposes of this section,
a new dwelling is defined as any new construction or new alteration(s)
which exceed 70% of the existing dwelling.
(b)
Alteration or addition to dwelling: $100.
(c)
New stores or commercial buildings: $500.
(d)
Stores or commercial building: alterations, additions or change of occupancy: $200 in addition to any other fees pursuant to Subsection B(7)(c).
(e)
Swimming pool: $100.
(10)
Lawn sprinkler permit: $100; provided, however, that no such
permit shall be issued unless the applicant shall first have obtained
the written approval of the Roslyn Water District for such installation,
which approval shall be attached to this application for a permit.
(11)
Sign permit: $100 plus $3 per square foot of sign area.
(12)
Street openings:
[Amended 11-18-2015 by L.L. No. 2-2015]
(b)
Community-wide utility expansion project: a single, comprehensive
fee of $50,000 shall be paid prior at the outset of a comprehensive
project, plus a deposit in cash or bond equal to $500,000.
[1]
The single, comprehensive fee is for a community-wide
expansion project and includes up to 500 connection pit openings.
[2]
A "connection pit opening" is defined as street
openings, whether on private or public property.
[3]
The fee covers up to 500 connection pit openings
completed on a community-wide utility expansion project within 15
months from the date of the submission to the Village of an application
to perform the work.
[4]
If, for any reason, the number of connection pit
openings exceeds 500 for a community-wide utility expansion project,
on or before 15 months from the date of the submission of the application
to the Village for work to be performed, then an additional fee of
$100 per connection pit opening shall be charged for each additional
connection pit opening over 500, up to and including the 15 months
from date of the submission of an application to perform the work.
[5]
On and after 15 months from the date of the submission
to the Village of an application to perform the work on a community-wide
utility expansion project, the sum of $250 per shall be charged for
each connection pit opening.
(13)
Board of Zoning Appeals applications: $500, payable at the time
of application, plus legal and stenographic costs and all other application
costs, fees and expenses incurred in the review of the application.
(14)
Any and all other Planning Board applications not listed in
this section: $500 payable at the time of application, and all other
application costs, fees and deposits as set forth below.
(15)
Special meeting of the Planning Board or Board of Zoning Appeals:
$500 in addition to all other fees and charges provided for in this
chapter and any other Village ordinance and, additionally, all legal
and stenographic costs and costs of site plan review, where applicable,
and all other application costs, fees and expenses incurred in the
review of the application.
(16)
Subdivision application: $3,500, payable at the time of the
application, and all other application costs, fees and deposits as
set forth below.
(17)
Business use license: none required.
(18)
Vending and soliciting license: each driver or solicitor of
named employer: $200.
(19)
Duplicate tax bill: $2.50.
(20)
Special pickup: A minimum fee of $30 shall be charged. An additional
cost shall be assessed depending on the size and weight of the materials
to be picked up and disposed of for the resident. An additional $10
will be added if a pickup is needed on other than on the designated
day for special pickup.
(21)
Death certificate: $10 per certified copy.
(22)
Passport processing: $30 per submission.
(23)
Assessment search: $30 per property search.
(24)
Returned check: $25.
(25)
Recycling bucket: $20.
(26)
Copies of building plans: $25, plus $20 for the first page,
$10 for each additional page.
(27)
Copies: $0.25 per copy.
(28)
Landscaper license: $52 for the first truck and $21 for each
additional truck.
(29)
Certificate of occupancy and certificate of completion searches:
$75 for an original document and $30 for each additional copy.
(30)
Tag sale permit: $25.
(31)
Swimming pool renewal fees. A renewal permit fee shall be charged
each year for a swimming pool, whether or not the swimming pool is
or will be used at a residence. The annual permit fee is $50.
(32)
Application for conditional use permit, special use permit or
special exception, other than for residential uses, including, but
not limited to, residential swimming pools, in the amount of $3,500,
payable at the time of the application, plus all other application
costs, fees and deposits as set forth below.
(33)
Application for site plan review, in the amount of $3,500, payable
at the time of the application, and all other application costs, fees
and deposits as set forth below.
(34)
Where construction or other work requiring a permit under this
Code was commenced prior to the issuance of a building permit, the
fee for such construction or other work shall be three times the amount
or amounts otherwise provided for in this section.
(35)
The fees and charges provided for in this chapter shall supersede
any other fees or charges heretofore established with respect to the
particular item provided for unless otherwise provided in this chapter.
C.
Processing costs, expenses and deposits for applications for subdivision
approval.
(1)
On all applications to the Village Planning Board for subdivision
approval, the applicant shall be liable to the Village and shall pay
the following costs and expenses which may be incurred by the Village
in the review and processing the application:
(a)
Advertising;
(b)
Stenographic minutes of hearings and meetings;
(c)
Engineering costs;
(d)
Inspection costs;
(e)
Legal fees;
(f)
Recording fees;
(g)
Planning, environmental impact review, traffic, sound, landscape
design, economic or other specialized consulting services, studies
and reports deemed necessary for a proper review of the application.
(2)
In addition to payment of the filing fees required under this chapter, an applicant for subdivision approval shall deposit with the Village a sum on a per-lot basis to defray the anticipated costs and expenses listed in § 271-138C(1) in the amount of $2,000 per lot up to a maximum of $50,000. If the proposed subdivision involves the review and consideration of a draft or final environmental impact statement under the New York State Environmental Quality Review Act, an additional deposit of $25,000 shall be required up to a total maximum deposit in any application of $75,000.
(3)
The deposit established in § 271-138C(2) shall be made in a non-interest-bearing trust account established by the Village with a trustee or escrow agent designated by the Village. The deposit shall in no way be construed as a limit on the applicant's liability for costs incurred under § 271-138C(1), and in the event the deposit required under § 271-138C(2) is reduced to 25% or less of the initial deposit amount, the applicant shall be required to replenish the deposit to the initial deposit amount. This shall be done as often as required until the conclusion of the application. In the event that the amount of the deposit shall exceed said cost and expenses at the conclusion of the application, the unused portion of the deposit shall be returned to the applicant within six months thereof. All unclaimed deposits shall be deemed to be abandoned property and treated as such under the laws of the State of New York.
(4)
No action shall be taken by the Village Planning Board on any subdivision application unless and until all costs and expenses set forth in § 271-138C(1) shall have been paid in full. Any costs and expenses under § 271-138C(1) which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the Village real estate tax levy and shall become a lien against the property, and the application shall be deemed abandoned. The applicant shall have an opportunity to be heard at a public hearing by the Board of Trustees, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
(5)
A charge of $100 will be added to any account owing to the Village
where a tendered payment of such account was by a check or other written
order which is returned for insufficient funds.
(6)
In the event that any reimbursable cost and expenses or deposit
established in this section creates an economic or other hardship,
application may be made to the Board of Trustees, which is hereby
authorized to modify such cost and expenses and/or deposit in its
legislative discretion after appropriate hearing.
(7)
The Village Planning Board shall be authorized and empowered
to adopt rules and regulations to implement the requirements of this
section, including the form of a written deposit agreement for the
deposit required by this section. The Planning Board shall also establish,
from time to time, the amounts required for deposits pursuant to this
section, based upon the experience of the Village with respect to
past-incurred expenses for similar matters before the Village and
in general conformity with requirements for reimbursement and deposits
established by other municipalities in Nassau and Suffolk Counties,
New York.
D.
Processing costs, expenses and deposits for all other land use applications.
(1)
On all other land use applications to the Board of Trustees,
Planning Board or the Board of Appeals not otherwise provided for
under this chapter, including change of zone, conditional use permit,
special use permit, site plan applications, zoning interpretations
or variances associated with nonresidential applications, the applicant
shall be liable to the Village and shall pay the following costs and
expenses which may be incurred by the Village in processing such application:
(a)
Advertising;
(b)
Stenographic minutes of hearings and meetings;
(c)
Engineering costs;
(d)
Inspection costs;
(e)
Legal fees;
(f)
Recording fees; and
(g)
Planning, environmental impact review, traffic, sound, landscape
design, economic or other specialized consulting services, studies
and reports deemed necessary for a proper review of the application.
(2)
In addition to the payment of the filing fees required under this chapter, deposits shall be established and required to defray the actual costs and expenses listed in § 271-138D(1) for the following types of applications:
(a)
Application for change of zone: $25,000.
(b)
Application for conditional use permit, special use permit or
special exception, other than for residential uses, including, but
not limited to, residential swimming pools: $5,000.
(c)
Application for site plan review: $10,000.
(d)
Application for zoning interpretation or variance associated
with nonresidential applications: $3,000.
(e)
An additional deposit shall be required for any application
involving review and consideration of a draft or final environmental
impact statement under the New York State Environmental Quality Review
Act in the amount of $25,000, up to a total maximum deposit in any
application of $75,000.
(3)
The deposit established in § 271-138D(2) shall be made in a non-interest-bearing trust account established by the Village with a trustee or escrow agent designated by the Village. The deposit shall in no way be construed as a limit on the applicant's liability for costs and expenses incurred under § 271-138D(1), and in the event the deposit required under § 271-138D(2) is reduced to an amount of 25% or less of the initial deposit, the applicant shall be required to replenish the deposit to the initial deposit amount. This shall be done as often as required until the conclusion of the application. In the event that the amount of the deposit shall exceed said cost at the conclusion of the application, the unused portion of the deposit shall be returned to the applicant within six months thereof. All unclaimed deposits shall be deemed to be abandoned property and treated as such under the laws of the State of New York.
(4)
No action shall be taken by any Village board on any application subject to the requirements of this chapter unless and until all costs set forth in § 271-138D(1) shall have been paid in full. Any costs under § 271-138D(1) which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the Village real estate tax levy and shall become a lien against the property, and the application shall be deemed abandoned. The applicant shall have an opportunity to be heard at a public hearing by the Board of Trustees, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
(5)
A charge of $100 will added to any account owing to the Village
where a tendered payment of such account was by a check or other written
order which is returned for insufficient funds.
(6)
In the event that any reimbursable cost and expenses or deposit
established in this section creates an economic or other hardship,
application may be made to the Board of Trustees, which is hereby
authorized to modify such cost and/or deposit in its legislative discretion,
after appropriate hearing.
(7)
The Board of Trustees, the Planning Board and the Board of Appeals
are hereby authorized and empowered to adopt rules and regulations
to implement the requirements of this section, including the form
of a written deposit agreement for the deposits required by this section.
The Board of Trustees, the Planning Board and the Board of Appeals
shall also be authorized and empowered to establish from time to time
the amounts required for deposits pursuant to this section, based
upon the experience of the Village with respect to past-incurred expenses
for similar matters before the Village and in general conformity with
requirements for reimbursement and deposits established by other municipalities
in Nassau and Suffolk Counties, New York.
E.
The fees and charges herein provided for shall supersede any other
fees or charges heretofore established with respect to the particular
item provided for herein, unless otherwise provided in this chapter.
