[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 11-25-1969 by L.L. No. 1-1969. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any appeal for a variance made to the Village's Board of Appeals pursuant to Chapter 205, Zoning.
[Amended 9-19-2000 by L.L. No. 1-2000]
An individual, corporation or partnership or group thereof
submitting an appeal to the Village's Board of Appeals.
[Added 3-21-1979 by L.L. No. 2-1979]
An individual, corporation or partnership or group thereof
submitting an application for a special use permit to the Village's
Board of Appeals, Planning Board, Board of Trustees, Clerk, Building
Inspector or Street Commissioner.
[Added 3-21-1979 by L.L. No. 2-1979]
Any application made to the Village's Board of Appeals for
a conditional permit, Planning Board, Board of Trustees, Clerk, Building
Inspector or Street Commissioner.
[Amended 9-19-2000 by L.L. No. 1-2000]
The Building Inspector of the Village.
The Clerk of the Village.
A lot upon which a fee is based includes a recharge basin
and out lots which are part of a drainage area for subdivisions.
Includes:
The Incorporated Village of Upper Brookville.
[Amended 12-12-1974 by L.L. No. 1-1974; 3-21-1979 by L.L. No. 2-1979; 3-29-1983 by L.L. No. 1-1983]
A.
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 which may be machine copied and $1 per page which must be typed.
B.
The following booklets, when in print, are available
for the noted charge:
[Amended 9-19-2000 by L.L. No. 1-2000]
[Amended 3-29-1983 by L.L. No. 1-1983; 3-28-1989 by L.L. No.
2-1989; 9-19-2000 by L.L. No. 1-2000; 11-13-2001 by L.L. No.
1-2002; 10-21-2003 by L.L. No. 3-2003; 10-19-2004 by L.L. No.
3-2004; 3-15-2005 by L.L. No. 5-2005; 12-19-2006 by L.L. No.
4-2006]
A.
Applicants for the issuance of a building permit or
certificate of occupancy shall pay to the Village a fee determined
by the following schedule:
(1)
Building permit.
[Amended 10-16-2007; 4-20-2010 by L.L. No. 1-2010]
(a)
Required fees. Upon the filing of an application for a building
permit, the following fees shall be payable:
[1]
For a new main building, including a proximate building: a sum
equal to the volume of the building x $16 per cubic foot (minimum
cost standard) x 1%.
[2]
For an addition to a main building or habitable accessory building:
a sum equal to the volume of the building x $14 per cubic foot (minimum
cost standard) x 1%.
[3]
For an unhabitable accessory building: a sum equal to the volume
of the building x $8 per cubic foot (minimum cost standard) x 1%.
[4]
For alterations: a sum equal to the volume of the building affected
by the alteration as determined by the Building Inspector x $8 per
cubic foot (minimum cost standard) x 1%.
(b)
Land modification fee. Any project involving the construction
of a building or addition thereto, except a second-story addition,
swimming pool and tennis or sports court, shall also require the payment
of a land modification permit fee that shall be calculated as follows:
square footage of footprint of new building x $3.
(c)
Minimum fees. Notwithstanding the above fees, the following
minimum fees shall be applicable to all building permits for the noted
construction:
[1]
Construction of a single-family dwelling and other main buildings,
regardless of value: $5,000.
[2]
Alterations to an existing single-family dwelling and other
main buildings: $1,000.
[3]
Alteration to an accessory structure not used for human habitation
having ground coverage of 200 square feet or more: $500.
[4]
Swimming pool: $2,500.
[5]
Tennis or sports court (60 feet by 120 feet maximum): $2,000.
[6]
Sports court (small) (30 feet by 60 feet maximum): $1,000.
[7]
Oil or propane tank installation, excluding original installation:
$275.
[8]
Spa, hot tub or recreational court: $550.
[9]
Demolition of principal dwelling: $4,000.
[10]
Demolition of accessory structure (over 4,800 cubic feet): $1,000.
[11]
Miscellaneous items (generator, dry well, etc.): $275.
(d)
In the event that construction is commenced prior to the issuance
of a building permit, the fee for any building permit issued thereafter
shall be double the fee that would have been paid had the permit been
properly applied for prior to commencement of the construction in
order to cover the extra expenses incurred by the Village to ensure
that the unauthorized construction conforms to applicable rules, regulations
and laws.
(2)
Certificate of occupancy. The fee shall be payable
at the time of the issuance of the building permit or use permit:
[Amended 5-20-2014 by L.L. No. 2-2014]
(4)
Departmental record search and copies of certified
documents: $30 each.
[Amended 5-20-2024]
(5)
Permit to erect sign: $110.
(6)
Permit to erect perimeter fence: $300.
B.
The Board of Trustees may, by resolution, establish
minimum cost standards for the computation of value in establishing
permit fees based upon current building cost standards.
C.
Deposits and security.
(1)
No building permit shall be issued unless the applicant
deposits a sum of money, as determined by the Building Inspector,
not to exceed $3,000, which amount shall be held by the Village to
pay for all engineering and arborist costs for the review of drainage
and erosion control plans, site inspections and legal costs incurred
by the Village relating thereto. An additional deposit may be required
by the Village to cover extraordinary expenses.
(2)
In cases where the Building Inspector allows the issuance
of a temporary certificate of occupancy, he may require the deposit
of a sum of money up to 120% of the amount necessary to complete the
unfinished work covered by the building permit. Failure of the permittee
to perform required work after 10 days' notice from the Building Inspector
shall permit the Village to use the deposit to perform required work.
(3)
Security required under Chapter 205, Zoning, § 205-50D(1)(d): up to 20% of the estimated cost of work using the minimum estimated cost standard.
(4)
All unused portions of deposits shall be returned
to the permittee after the required work is completed.
D.
Architectural review fees and deposits.
[Amended 4-20-2010 by L.L. No. 1-2010]
(1)
Applicants
seeking preliminary approval of site and building plans shall be required
to pay the following fees and deposits:
(a)
New structure over 5,000 cubic feet: $750.
(b)
New structure under 5,000 cubic feet: $275.
(c)
Addition to structure under 5,000 cubic feet: $275.
(d)
Third review of site or building plan by Architectural and Site Plan
Commissioner: $250.
(e)
Any other structures: $110.
(f)
Review of site plan with no building: $110.
(g)
Where steep slopes or wetlands are involved, the applicant shall
deposit $1,500 to cover Village engineering expenses relating to site
inspection and review of plans. Any unused portion of such deposit
shall be returned to the applicant.
[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No.
2-1985; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No.
1-2000; 10-19-2004 by L.L. No. 3-2004; 4-20-2010 by L.L. No.
1-2010]
A.
B.
C.
Additional charges and deposits.
(1)
On every appeal or application, to the extent that the initial deposit
is not sufficient to cover the Village's cost of the items listed
in this subsection, there shall be paid to the Village additional
deposits, as estimated by the Clerk/Treasurer to cover such costs,
up to the maximum amount of combined deposits indicated below:
(2)
All required fees and deposits shall be paid to the Village before
the Board of Appeals shall hold a hearing or render or file its decision.
D.
Return of unused deposit. Within 60 days of the withdrawal of an
appeal or application or the filing of the Board of Appeals decision,
the Village Clerk/Treasurer shall refund to the appellant or applicant
the unused portion of any deposit.
[Added 10-19-2004 by L.L. No. 3-2004 [1]; amended 12-19-2006 by L.L. No. 4-2006; 4-20-2010 by L.L. No.
1-2010]
A.
B.
C.
Additional charges and deposits.
(1)
On every appeal or application, to the extent that the initial deposit
is not sufficient to cover the Village's cost of the items listed
in this subsection, there shall be paid to the Village additional
deposits, as estimated by the Clerk/Treasurer to cover such costs,
up to the maximum amount of combined deposits indicated below.
[Amended 8-16-2012 by L.L. No. 3-2012]
(2)
All required fees and deposits shall be paid to the Village before
the Board of Trustees shall hold a hearing or render or file its decision.
D.
Return of unused deposit. Within 60 days of the withdrawal of an
application or the filing of the Board of Trustees decision, the Village
Clerk/Treasurer shall refund to the applicant the unused portion of
any deposit.
[Amended 11-28-1972 by L.L. No. 1-1972; 12-12-1974 by L.L. No. 1-1974; 3-21-1979 by L.L. No. 2-1979; 12-15-1980 by L.L. No.
1-1980; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No.
2-1989; 9-19-2000 by L.L. No. 1-2000; 11-19-2002 by L.L. No.
1-2002; 10-19-2004 by L.L. No. 3-2004; 12-19-2006 by L.L. No.
4-2006; 4-20-2010 by L.L. No. 1-2010]
Each applicant to the Village's Planning Board for approval of a partitioning or a subdivision as defined in Chapter 180, Subdivision of Land, or a permit as defined in Chapter 119, Freshwater Wetlands, or a miscellaneous application shall pay to the Village filing fees, deposits, and charges as determined by the following schedule:
A.
Partitionings.
(2)
Recreation site and improvement fund. In cases where the Planning
Board waives a requirement that part of lands to be partitioned shall
be dedicated for recreation or park purposes, the applicant shall,
in lieu of such dedication, pay the Village, in cash, an amount equal
to $5,000 for each proposed lot, excluding any lot containing an existing
principal dwelling, before the map for the same shall be signed by
the Chairman of the Planning Board.
B.
Subdivisions.
(2)
Recreation site and improvement fund. In cases where the Planning
Board waives a requirement that part of subdivision lands be dedicated
for recreation or park purposes, the applicant shall, in lieu of such
dedication, pay the Village, in cash, an amount equal to $5,000 for
each proposed lot in the subdivision, excluding any lot containing
an existing principal dwelling and recharge basins, before the map
for the same shall be signed by the Chairman of the Planning Board.
E.
F.
Additional charges and deposits.
(1)
On every appeal or application, to the extent that the initial deposit
is not sufficient to cover the Village's cost of the items listed
in this subsection, there shall be paid to the Village additional
deposits, as estimated by the Clerk/Treasurer to cover such costs,
up to the maximum amount of combined deposits indicated below.
[Amended 8-16-2012 by L.L. No. 3-2012]
(a)
Advertising: $2,000.
[Amended 5-20-2014 by L.L. No. 2-2014; 7-15-2014]
(b)
Stenographic minutes of hearings and meetings: $5,000.
[Amended 7-15-2014]
(c)
Engineering and inspection, to the extent incurred by the Village:
no maximum.
(d)
Consultants and environmental review, to the extent incurred
by the Village: no maximum.
(e)
Recording fees: $1,000.
(f)
Legal fees: $200,000.
[Amended 5-20-2014 by L.L. No. 2-2014]
G.
Payment of fees, deposits, and charges. Each applicant to the Village's Planning Board shall pay the required fees, deposits, and charges prior to the holding of any hearing or procedure on the application. To the extent that charges are subsequently determined pursuant to Subsection F to exceed the initial deposit paid, the applicant shall pay the same prior to the next stage (after such charges are determined) in connection with the application or approving the subject matter of the application, such as the next hearing, the rendering of a decision, the signing of the map, the filing of the map, the partial release of any bond, the final release of any bond or the final release of any deposit, all as the case may be.
H.
Return of unused deposit. Within 60 days after the completion or
withdrawal of an application or the release of the entire security
for the subdivision improvements or other requirements of the Planning
Board decision, the Village Clerk/Treasurer shall refund to the applicant
the unused portion of any deposit.
I.
Consideration of application. No hearing shall be held and no consideration
shall be given by the Planning Board to any application for preliminary
or final approval of a proposed partitioning or subdivision or any
other application, nor shall an approved plat be signed, unless all
required fees, deposits, and charges, to the extent that the latter
are then determined, shall have been paid.
J.
Discharge of security. No security filed for the completion of the
public improvements on a proposed subdivision shall be discharged
until all fees and charges, as herein required, shall have been paid.
[Amended 12-12-1974 by L.L. No. 1-1974; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No.
1-2000; 11-19-2002 by L.L. No. 1-2002; 10-19-2004 by L.L. No. 3-2004; 12-19-2006 by L.L. No. 4-2006]
Applicants for permits, licenses or deposits
to conduct the following activities in the Village shall pay to the
Village a fee determined by the following schedule:
A.
Tow car permit: $300 per calendar year; $100 if permit
expires within six months.
B.
Village street opening permit.
(1)
Permit fees:
(a)
Water, gas, electrical, telephone, CATV connection
per lot: $750.
[Amended 9-18-2012]
(b)
Installation of transmission or distribution
main along length of road: $13 per linear foot for between one and
1,000 linear feet, plus $5 per linear foot for between 1,000 and 5,000
linear feet, plus $2 per linear foot for portions over 5,000 linear
feet, or a minimum of $1,000, whichever is greater.
[Amended 10-16-2007]
(2)
Cash deposit: a minimum of $1,500 and a maximum of
$50,000, determined by the Street Commissioner to ensure proper restoration
of the street by the Village.
[Amended 10-16-2007]
(3)
No deposit shall be returned unless the work is completed
to the satisfaction of the Village.
[Amended 10-16-2007]
C.
Parade, auction or tag sale permit fee: $250.
D.
E.
[1]Storage of impounded vehicle: $25 for each day or fraction
thereof that said vehicle is stored by the Police Department.
G.
Temporary commercial use of residential property; use permit fee.
[Added 2-19-2008; amended 4-20-2010 by L.L. No. 1-2010; 4-20-2010; 8-16-2012 by L.L. No.
3-2012; 10-17-2016]
(1)
Temporary
commercial use of residential property when authorized by the Board
of Trustees: $2,500 per day, maximum two events per calendar year.
(2)
Use
permit fee for the parking or staging of filming-related vehicles
within the Village boundaries, including the Planting Fields Arboretum,
for films taking place in the Planting Fields Arboretum or other municipalties:
$1,000 per day. The use permit fee would not apply to anyone holding
a valid permit for the temporary commercial use of residential property
under § 112-7H(1).
H.
Solicitation/peddling
permit fee: $50.
[Added 2-20-2020]
[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No.
2-1985; 3-28-1989 by L.L. No. 2-1989]
A.
Refund of fees. No filing fees, deposits or charges required by §§ 112-3, 112-4, 112-5, 112-6 and 112-7 shall be returned or refunded, except as follows:
[Amended 10-19-2004 by L.L. No. 3-2004]
(1)
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 of review and inspection
have not been incurred as certified to the Board of Trustees by the
Building Inspector.
(2)
If an application to the Village's Planning Board
or Board of Appeals is discontinued or abandoned, the Trustees may
authorize a refund of up to 90% of the 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 the Planning Board or Chairman of the Board of
Appeals, as the case may be.
B.
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.
C.
Fees and costs assessed. Any fees and charges herein required under §§ 112-3, 112-4, 112-6 and 112-7 which remain unpaid shall be assessed against and immediately become a lien on 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.
[Amended 10-19-2004 by L.L. No. 3-2004; 8-16-2012 by L.L. No. 3-2012]
[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No.
2-1985]
A.
Words that are singular or masculine shall be deemed
to be plural or feminine whenever the sense of this chapter so requires.
B.
Any increase or decrease of a fee, charge or deposit
resulting from an amendment of this chapter or a resolution of the
Board of Trustees shall affect pending applications and appeals which
have been filed with the Village as follows:
[Amended 3-15-2005 by L.L. No. 5-2005]
(1)
If the former fee or deposit has been paid to the Village before the effective date of any amendment hereto or a resolution of the Board of Trustees, 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 or a resolution of the Board of Trustees shall be
in accordance with the new amounts relating to the particular stage
of the application or appeal for which they are paid.
C.
The payment of all fees and deposits shall be a condition
precedent to the complete filing of an application.
[Added 9-19-2000 by L.L. No. 1-2000]
[Added 3-15-2005 by L.L. No. 5-2005]
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.
