[HISTORY: Adopted by the Town Board of the
Town of Wilton 11-17-1997;[1] amended in its entirety 6-2-2016. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 43.
Subdivision of land — See Ch. 109.
Zoning — See Ch. 129.
[1]
Editor's Note: This resolution supersedes
former Ch. 63, Fees, adopted 2-2-1995, as amended.
The rate for residential building permits shall be $0.20 per
square foot of floor area; a minimum fee of $50 shall be required.
Floor area shall include any basement, carport, garage and canopies
but shall not include a cellar, subcellar or nonhabitable attic. Floor
area shall be based on the outside dimensions of the building. Renewal
of all residential buildings permits shall be $100.
The rate for nonresidential building permits shall be $0.30
per square foot of floor area; a minimum fee of $150 shall be required.
Square footage shall include any basement, cellar, subcellar and canopies,
decks, patios, etc., but shall not include a crawl space. Square footage
shall be based on the outside dimensions of a building, not living
space. Fees will not be reimbursed after application approval.
A.
The fee for subdivision review shall be as follows:
(1)
Application. (Note: The application fees are designed
to cover secretarial and executive costs incurred by the Town of Wilton;
these fees do not cover any engineering review costs.)
(a)
Conceptual/preliminary: $20 per living unit;
minimum fee of $300 as per proposed plan. This application fee shall
be due at the time of application.
(b)
Final: After final subdivision plan approval,
but prior to submission of the final subdivision plan for signature,
a fee of $150 per living unit is due.
(2)
Review fees shall be based on the number of living
units as follows:
(a)
In-house Town review fee (when Town is primary reviewer) due
at concept submission:
|
Number of units
|
Fee Amount
| |
|---|---|---|
|
1 to 5
|
$130 per living unit
| |
|
6 to 50
|
$120 per living unit
| |
|
51 or more
|
$100 per living unit or a minimum of $6,000
|
[1]
The total review fee is due at conceptual submission.
(b)
When outside consultant is primary reviewer:
[1]
In-house Town administrative fee:
|
Number of units
|
Fee Amount
| |
|---|---|---|
|
1 to 5
|
$40 per living unit
| |
|
6 to 50
|
$35 per living unit
| |
|
51 or more
|
$30 per living unit or a minimum of $1,750
|
[2]
Outside consultant review escrow: Prevailing rates shall apply.
An escrow account shall be established for the fees of an outside
consultant.
B.
Park and recreation: $1,200 per new living unit, due
at the time final approval is obtained.
C.
If the Planning Board determines that additional and/or
special review is required, it may, at its discretion, call in an
independent engineering firm and/or special consultants. The costs
of these services shall be borne by the owner/developer.
D.
Payment of all fees shall be made prior to the signing
of any Mylars by the Town of Wilton.
E.
All engineering fees incurred for projects that are
withdrawn by the applicant or disapproved by the Board shall be payable
by the applicant at the time of withdrawal or disapproval. Projects
that are dormant for over one year shall be reviewed and engineering
review fees assessed for those projects.
F.
This section pertains to all approved subdivisions, whether residential,
commercial or industrial. In the case of commercial or industrial
subdivisions, fees shall be based on a per lot unit basis rather than
per living unit and no park and recreation fees shall be due.
G.
Additional fees for projects under the jurisdiction
of the Wilton Water and Sewer Authority shall apply.
H.
Pursuant to NY Town Law Art. 16, § 276, failure to file
final plat with the County Clerk within 62 days from signature of
the Planning Board Officer on Mylars constitutes expiration of subdivision
approval. If approval expires, the subdivision plans must be resubmitted
and any fees shall be assessed by the Planning Department.
I.
When adding a building lot, charge all subdivision fees. When merging
two lots into one or adjusting a lot line, charge a minimum fee of
$300.
A.
The fee for nonresidential site plan review shall
be as follows:
(1)
Application. (Note: The application fees are designed
to cover secretarial and executive costs incurred by the Town of Wilton;
these fees do not cover any engineering review costs.)
|
Area
(building footprint per floor)
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 4,999
|
$250
| |
|
5,000 to 9,999
|
$500
| |
|
10,000 to 29,999
|
$0.06 per square foot
| |
|
30,000 to 99,999
|
$0.04 per square foot or a minimum of $1,800
| |
|
100,000 and over
|
$0.03 per square foot or a minimum of $4,000
|
(a)
The total application fee is due at the site
plan application/conceptual submission stage.
(2)
Review fees:
(a)
In-house Town review, when Town is primary reviewer.
(The Town reserves the right to adjust in-house Town review fee for
cases involving renovations, amended site plans or other unusual circumstances.)
|
Area
(building footprint per floor)
(square feet)
|
Fee Amount
| |
|---|---|---|
|
0 to 4,999
|
$1,000
| |
|
5,000 to 29,999
|
$0.25 per square foot or a minimum of $1,400
| |
|
30,000 and over
|
$0.10 per square foot or a minimum of $7,500
|
(b)
When outside consultant is primary reviewer:
[1]
In-house Town administrative/review fee. (The Town reserves
the right to adjust in-house Town administrative/review fee for cases
involving renovations, amended site plans or other unusual circumstances.)
|
Area
(building footprint per floor)
(square feet)
|
Review Fee
| |
|---|---|---|
|
0 to 4,999
|
$400
| |
|
5,000 to 29,999
|
$0.08 per square foot
| |
|
30,000 and over
|
$0.04 per square foot or a minimum of $2,400
|
[2]
Outside consultant review escrow: Prevailing rates shall apply.
An escrow account shall be established for the fees of an outside
consultant.
(3)
Construction inspection fee: $0.20 per square foot or a minimum of
$200. Fee can be adjusted for very small projects requiring minimal
inspection.
B.
If the Planning Board determines that additional and/or
special review is required, it may, at its discretion, call in an
independent engineering firm and/or special consultants. The costs
of these services shall be borne by the owner/developer.
C.
Payment of all fees shall be made prior to the signing
of any Mylars by the Town of Wilton.
D.
All engineering fees incurred for projects that are withdrawn by
the applicant or disapproved by the Board shall be payable by the
applicant at the time of withdrawal or disapproval.
E.
Projects that are dormant for over one year shall be reviewed and
engineering review fees assessed for those projects.
F.
There are no park and recreation fees.
G.
Additional fees for projects under the jurisdiction
of the Wilton Water and Sewer Authority shall apply.
A.
The fee for PUD or cluster development site plan review
shall be as follows:
(1)
Application. The sum of the subdivision and/or commercial
and industrial application fees. If encompassing residential and commercial
development, the sum of the two, calculated separately, shall apply.
(NOTE: The application fees are designed to cover secretarial and
executive costs incurred by the Town of Wilton; these fees do not
cover any engineering review costs.)
(2)
Review fees: the sum of the subdivision and/or commercial
and industrial review fees. If encompassing residential and commercial
development, the sum of the two, calculated separately, shall apply.
(3)
Minor amendment to a PUD shall be $500. The review fee for an engineer
and/or attorney shall be assessed and all cost borne by the owner/developer.
B.
Payment of all fees shall be made prior to the signing
of any Mylars by the Town of Wilton.
C.
Park and recreation: $750 per new living unit, due
at the time final approval is obtained.
D.
Additional fees for projects under the jurisdiction
of the Wilton Water and Sewer Authority shall apply.
A.
The fee for senior living communities site plan review
shall be as follows:
(1)
Application. (NOTE: The application fees are designed
to cover secretarial and executive costs incurred by the Town of Wilton;
these fees do not cover any engineering review costs.)
B.
Park and recreation: $750 per living unit, due at
the time final approval is obtained; assisted-living facilities: $250
per living unit.
C.
If the Planning Board determines that additional and/or
special review is required, it may, at its discretion, call in an
independent engineering firm and/or special consultants. The costs
of these services shall be borne by the owner/developer.
D.
Payment of all fees shall be made prior to the signing
of any Mylars by the Town of Wilton.
E.
All engineering fees incurred for projects that are withdrawn by
the applicant or disapproved by the Board shall be payable by the
applicant at the time of withdrawal or disapproval.
F.
Projects that are dormant for over a year shall be reviewed and engineering
fees assessed for those projects.
G.
Additional fees for projects under the jurisdiction
of the Wilton Water and Sewer Authority shall apply.
A.
The schedule of fees is based on a per-unit basis
which shall be paid by the developer in payments at the following
set rates.
(1)
One hundred percent of the total review fee (includes
fees and/or escrow amounts, to be paid with separate checks) shall
be paid to the Town of Wilton Planning Board at the time of submission
of the conceptual site/subdivision plan.
(2)
The preliminary submission shall not be accepted by the Town unless
100% of the total review fee has been paid. If the Town is the primary
reviewer, the Town review fee (from the appropriate fee schedule)
shall be due. If an outside consultant is the primary reviewer, the
Town review fee and consultant escrow amount shall be due. All of
the fees collected by the Town of Wilton shall be retained by the
Town to help defray the cost of the Town's in-house review.
B.
All escrow amounts collected by the Town of Wilton
shall be placed in an escrow account. The Town shall be authorized
to pay the costs for reviews from the money on deposit in the account
in order for the Town to defray the cost of the review services. Upon
completion of the approval process, should monies remain in the escrow
account, following the outside consultant's final billing for the
project, they shall be returned to the owner/developer. If monies
on deposit prove to be insufficient for the review (including any
SEQRA review), the owner/developer shall deposit monies in an amount
sufficient to cover the additional review costs as may be required.
If the Town is the primary reviewer and determines that additional
review by an outside consultant is required, these additional costs
for outside consultant review shall be borne by the owner/developer.
The estimated fee for this additional review shall promptly be escrowed
by the developer with the Town prior to the additional review taking
place. The Town review fees shall not decrease as a result of these
additional costs borne by the owner/developer.
A.
Application fee: $200.
B.
Review fee: $200.
(1)
Projects under one acre shall not require a review
fee because this size project does not have to appear before the Town
Planning Board.
(2)
If the applicant has already obtained a subdivision
or preliminary approval, both the application fee and the review fee
shall be waived.
(3)
This review fee is a lump sum amount which is paid
to the Town at the time of application.
(4)
If the Town requires the assistance of an outside
consultant, the cost incurred for such services shall be paid by the
applicant. The outside consultant's estimated fee shall be escrowed
with the Town at the time of application.
The Town of Wilton reserves the right to set
up an escrow account for a given project when it has received a positive
declaration according to SEQRA. Due to the direct relationship between
the cost of preparing an environmental impact statement (EIS) and
the specific characteristics of the lands to be used, a set price
per unit cannot be estimated. When a large project is submitted to
the Town and receives a positive declaration, the Town shall estimate
the cost of review and supply this information to the applicant. Upon
completion of the EIS, should monies remain in the account following
the Town Engineer's and/or Town Attorney's final billing for the project,
they shall be returned to the applicant/developer. If monies on deposit
prove to be insufficient for the EIS, the applicant/developer shall
deposit monies in an amount sufficient to cover the additional costs
as may be required.
A.
B.
The application fee for special permit applications
to the Zoning Board of Appeals shall be as follows:
C.
The application fee for interpretation applications
to the Zoning Board of Appeals shall be $50.
D.
If the Zoning Board determines that additional and/or
special review is required, it may, at its discretion, call in an
independent engineering firm and/or special consultants. The costs
of these services shall be borne by the owner/applicant.
All expenses incurred to process a zoning change
request shall be borne by the party(ies) making the request. Expenses
shall include but are not limited to public notifications, environmental
assessment form and/or environmental impact statement preparation,
SEQRA filing requirements and engineering reviews, if the aforementioned
measures are deemed necessary by the Planning Board or Town Board.
A minimum fee shall be assessed and shall be payable at the time of
application as follows:
The fee for a conditional use permit shall be
$100.
The fee for a sign permit shall be $3 per square
foot, with a minimum sign permit fee of $100.
A.
Mitigation fees shall be the primary source of funding
for implementation of the required traffic improvements. These fees
shall be implemented through State Environmental Quality Review Act
(SEQRA) procedures. The use of development mitigation fees allows
the Town of Wilton to collect necessary dollars to make improvements
related to Town-wide traffic study.
(1)
Mitigation fees.
(a)
The mitigation fees for each development type
are broken down as follows:
|
Summary of Mitigation Fees
| ||
|---|---|---|
|
Land Use
|
Mitigation Fees
| |
|
Residential (single-family)
|
$524 per unit
| |
|
Residential (apartments)
|
$330 per unit
| |
|
Residential (condominiums/townhouses)
|
$300 per unit
| |
|
Senior living
|
$197 per unit
| |
|
Assisted-living facilities
|
$110 per bedroom
| |
|
Hotel
|
$343 per room
| |
|
Industrial/Commercial
|
$0.50 per square foot
| |
|
Office
|
$0.78 per square foot
| |
|
Retail
|
$1.30 per square foot
| |
|
Service
|
$0.86 per square foot
| |
|
Self-storage units
|
$0.14 per square foot
| |
(b)
For uses not shown above, the Town will use
the ITE Trip Generation Manual (most recent edition) to calculate
the fee using the appropriate average trip generation rate.
(2)
Classification of a project shall be determined by
the Town of Wilton, and the following shall be followed when applicable:
(a)
When a property is changing a use classification,
as defined by the traffic mitigation fees, the traffic mitigation
fee shall be based on the square footage of any existing or new structure,
along with any approved additions, less the required traffic mitigation
fee for the current use, based on existing structures. However, based
on these calculations the applicant shall not be entitled to a credit.
(b)
Fees for structural additions to existing sites
shall be based only on the additional square footage. This applies
only if the use of the property stays within the same mitigation fee
category.
(c)
When a property is subdivided and an existing residence is located
on one of the new parcels created by the subdivision, only one parcel
shall be exempt from a traffic mitigation fee and park and recreation
fee.
B.
Fee schedule.
(1)
Residential projects.
(a)
Total fee shall be due upon final approval, prior to the signing
of any Mylar.
(b)
(Reserved)
(c)
If a project is to be filed in phases, as approved
by the Planning Board, all lots shown on the mylar shall be paid as
if the phase was a separate project. For example: if a mylar shows
the entire project in four phases the entire project shall be used
as the basis of determining the fee payment; however if only one phase
of a project is shown on the mylar the number of lots in that phase
shall determine the fee payment.
A.
The Town of Wilton inspection fees for residential
subdivision projects or other projects involving the construction
of roads shall be based on the following fee schedule:
B.
For nonresidential or senior living community projects,
the fee schedule is as follows:
C.
In both cases (residential and nonresidential), if
off-site improvements are required, an additional fee shall be calculated
by the Town for the inspection of these off-site improvements. In
cases where the Town requires the use of an outside consultant to
perform inspections, the per-linear-foot fee would still be paid to
the Town. The Town shall be authorized to pay the consultant from
this fee, with any remaining amounts retained by the Town to cover
its administrative costs. If the inspection fee proves to be insufficient
for the inspection work, the owner/developer shall deposit monies
in an amount sufficient to cover the additional inspection costs.
These additional monies shall be deposited immediately so that the
construction and inspection work may continue. The initial inspection
fees shall be fully paid prior to any construction activity taking
place on the project.
D.
The Building Department and the Department of Planning
and Engineering shall be given a minimum of 24 hours' and preferably
48 hours' notice to schedule inspections. Contractors, who find that
work to be inspected is not complete, shall give said Department sufficient
notice to reschedule appointments/inspections. The Building Department
and the Department of Planning and Engineering may impose a fine on
contractors who make appointments for inspections and then do not
notify said Department if, for some reason (including work not being
completed), the inspection should have been cancelled or postponed.
The amount of the fine shall be $100 per violation and shall be payable,
at the discretion of the Department, before additional inspections
are made. If outstanding fines have been imposed and remain unpaid,
no certificate of occupancy or certificate of compliance shall be
issued. All fines are the responsibility of the applicant even if
the inspection appointments have been made by subcontractors or other
interested parties.
E.
Stormwater maintenance fee. On projects where the Town will take
on maintenance responsibilities of stormwater management areas (basins)
and/or practices, the applicant is required to pay $2,500 per stormwater
management area or practice prior to final approval. The applicant
shall maintain said stormwater management areas and perform required
maintenance per NYSDEC stormwater permit standards until the letter
of credit expires. Maintenance and required inspections shall be performed
per NYSDEC stormwater permit standards until notice of termination
is filed.
For all parcels receiving site plan approval
in the H-1 and CR-2 Zones, a one-time, lump sum fee of $40 per linear
foot along the proposed sidewalk's path less any paved areas this
path will cross, per the approved site plan, shall be paid prior to
signing of Mylars/prints (i.e., final or minor site plan approval).
