[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 1-10-1986 by resolution. Amendments
noted where applicable.]
GENERAL REFERENCES
Alarms and alarm systems — See Ch. 51.
Building construction — See Ch. 70.
Environmental quality review — See Ch. 81.
Excavation of land — See Ch. 85.
Flood damage prevention — See Ch. 91.
Garbage, rubbish and refuse — See Ch. 96.
Outdoor sales — See Ch. 140.
Subdivision of land — See Ch. 150.
Zoning — See Ch. 197.
[Amended 1-13-1989; 4-13-1990; 5-11-1990; 12-14-1992; 6-14-1993; 10-8-1997; 6-11-2001]
A.
Building and land use.
[Amended 6-5-2008 by L.L.
No. 7-2008; 1-12-2010 by L.L. No. 1-2010; 5-9-2013; 11-3-2016 by L.L. No.
4-2016]
(1)
Building permits. Building permit fees shall be based on the following
formula as applied to the costs of construction: $50 for the first
$1,000 of cost of construction, plus $6 per thousand for each additional
$1,000 of cost of construction (excluding any Hurricane Sandy damage
repair, which will be grandfathered in at the old rate.) In determining
the final fee, the following additional rules shall apply:
(a)
The minimum fee in any case shall be $50.
(b)
For a single-family residence with attached garage, the cost
of construction shall be determined by multiplying the following per-square-foot
amount times the gross area of all finished spaces in the scope of
work:
[1]
One hundred dollars per square foot for residences with gross
areas up to 1,500 square feet;
[2]
One hundred fifty dollars per square foot for residences with
gross areas from 1,501 square feet to 2,000 square feet;
[3]
Two hundred dollars per square foot for residences with gross
areas from 2,001 to 3,000 square feet;
[4]
Two hundred fifty dollars per square foot for residences with
gross areas from 3,001 to 4,000 square feet;
[5]
Three hundred dollars per square foot for residences with gross
areas from 4,001 to 5,000 square feet;
[6]
Three hundred fifty dollars per square foot for residences with
gross areas from 5,001 to 6,000 square feet;
[7]
Four hundred dollars per square foot for residences with gross
areas over 6,000 square feet.
(c)
For a multifamily residence, mercantile, office, public assembly,
warehouse, club and all other business construction, the cost of construction
for each detached building shall be determined by multiplying the
following per-square-foot amount times the gross area of all finished
spaces in the scope of work of such building:
(d)
For tennis courts, concrete and masonry walks and patios, the
cost of construction shall be determined by multiplying the gross
area times $6 per square foot.
(e)
For accessory buildings, garages, greenhouses, swimming pools
and decks, the cost of construction shall be determined by multiplying
the gross area times $30 per square foot.
(f)
For walks over the dunes and wetlands, the fee shall be $300.
(g)
For all fences, the fee shall be $50.
(h)
For demolition, the fee shall be $100.
(i)
For all building permits that require coastal erosion (Chapter 74) or FEMA/flood damage prevention (Chapter 91) review, the following fee shall apply for each coastal erosion or FEMA review (in addition to the building permit fee as set forth above):
[1]
New house construction or major renovation review: $1,000.
[2]
Nonmajor addition review: $500.
[3]
Accessory structure review, including walks over dunes: $200.
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*NOTE: To determine the fees required under Subsection A(1)(a) through (e), multiply the per-square-foot amount times the square footage of finished space. Fees are: $50 for the first $1,000, plus $6 per thousand for each additional $1,000, excluding any Hurricane Sandy damage repair, which will be grandfathered in at the old rate.
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(3)
Subdivision, site plan and miscellaneous land use
fees. The following fees shall apply for applications relating to
subdivisions, site plans and miscellaneous zoning actions:
(a)
Subdivisions.
[1]
Minor subdivision application fee: $150 plus
$150 per lot.
[2]
Major subdivision application fees:
[a]
Preliminary: $150, plus $150 per
lot.
[b]
Final: $150, plus $150 per lot.
[c]
Inspection: $500 per inspection.
[d]
Engineering review: Five percent
of the final estimated cost of capital improvements, excluding water
mains and underground electric lines, shall be paid before the final
plat is signed. An initial fee of $500 per lot shall be paid at the
time of preliminary plat submission. This initial fee shall be subtracted
from the total engineering review fee. The remainder shall be paid
before the signing of the final plat.
[e]
Modification of subdivision: $350.
(b)
Site plans.
[1]
Waiver application: $150.
[2]
Application fee: $500.
[Amended 1-12-2010 by L.L. No. 1-2010]
[3]
Initial review fee: $0.10 per square foot of
proposed area of site improvements, including all areas required to
be graded, landscaped, paved or otherwise altered, but not including
the building footprint of any existing or proposed buildings. This
fee is to be paid at the time the site plan application is filed.
[Amended 1-12-2010 by L.L. No. 1-2010]
[4]
Modification: $250.
(d)
Bed-and-breakfast: $100.
(5)
Variances. The following fees shall apply for applications
for variances and similar actions:
(a)
For area variance, interpretation or other application
to the Zoning Board of Appeals: $350 regarding a provision of the
Zoning Code. If an application contains a request for relief from
more than one of the following, the filing fee for each appeal shall
be paid at the time of filing.
(b)
For a use variance: $500.
(c)
Coastal erosion variance: $1,000.
(d)
FEMA variance: $1,000.
(e)
Appeal from a determination of the Architectural
Review Board: $350.
(6)
Sign permits.
(a)
General: $60.
(b)
Real estate per § 197-30F(1)(e): $100.
(7)
The fee for review by the Architectural Review Board
(for multifamily and commercial uses only) shall be $150.
(8)
Any fee provided hereinabove for a building permit under Subsection A(1), a certificate of occupancy under Subsection A(2) or a sign permit under Subsection A(6) shall be increased 200% over the fee otherwise provided hereinabove in the respective subsections wherever and whenever the foregoing permit or certificate of occupancy is sought for improvements already constructed or installed or signs already installed without the prior required permits or approvals.
(9)
In any instance where an application to the Planning
Board does not require the payment of a filing fee, a filing fee of
$50 shall be paid.
M.
Fire prevention
permits to install, operate, maintain or store.
[Added 11-16-2011]
(3)
Flammable
finishing: $100.
(4)
Hazardous
chemicals: $250.
(6)
Repair
garages: $75.
(7)
(8)
Dry
cleaning plant: $45.
(10)
Fireworks display: $400.
(11)
Installation/alteration of cooking vapor removal systems: $150.
(12)
Knox Box: $45.
(14)
Bonfires: $50.
[Added 1-12-2010 by L.L. No. 1-2010]
A.
In addition to any other provisions set forth in this Code, any board,
agency or department of the Village shall, with respect to any land
use or development application pending before any board of the Village,
be entitled to engage any expert or consultant, including but not
limited to surveyors, engineers, architects, planners, environmental
consultants and appraisers, to assist said board, agency or department
in the review of such land use or development application, and the
actual fees and costs incurred by said board shall be paid by the
applicant.
B.
Upon filing of any application, in addition to the initial review fee, should any board, agency or department of the Village determine that it shall incur professional fees in a review or determination of any land use and development application, that board, agency or department may obtain an estimate for said fee, payment of which shall be paid by the applicant in advance, prior to the hearing, review or continuing review of any proposed application. The initial review fee set forth in § A200-1A(3)(b)[3], which fee shall be nonrefundable, is separate and distinct from the professional fees set forth in this section, and shall not be subject or applicable to any of the provisions set forth herein.
C.
Until the applicant shall make full payment of the professional fee(s)
as set forth in this section, no review, continuing review or determination
of any application shall occur, and all time constraints under which
any board, agency, or department shall be required to act, either
under Village or local law, shall be stayed until such time as payment
is made.
D.
Professional fees, as set forth in this section and as determined
by any board, agency or department of the Village shall be deemed
escrow fees or deposits and shall be delivered to the Village Clerk
as part of the original land use and development application submission
or as part of the continuing review of same.
E.
If the escrow account falls below 80% of the initial deposit, the
applicant shall, unless the requirement is waived by the chairman
of any board, pay additional funds into the escrow account to maintain
that account to 80% of the initial deposit under this section.
F.
In the event that an applicant shall withdraw his 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
escrow account shall be either remitted to the applicant within 60
days of final action by any board or, if so directed by the applicant,
shall remain on deposit as the applicant's initial payment towards
postapproval inspection requirements. Additionally, if requested by
the applicant, the balance of funds in the applicant's account
may be held by the Village towards any financial obligation established
under a performance bond, maintenance bond, public improvement security
agreement, or public improvement security agreement entered into between
the applicant and the Village.
G.
The applicant shall remain responsible to reimburse the Village's
costs and expenses in reviewing the applicant's land use and
development application, notwithstanding that the escrow account may
be insufficient to cover such costs and expenses.
H.
In the event that the Planning Board or Zoning Board, in the course
of reviewing an application, determines that the proposed action requires
a positive declaration under SEQRA, all costs incurred by the Board
for the review of any environmental impact statements, whether of
a professional or clerical nature, shall be borne by the applicant,
pursuant to 6 NYCRR 617.13. Such costs shall be covered by an escrow
account to be established pursuant to this section within 30 days
of issuance of said positive declaration, in an amount to be set by
the Planning or Zoning Board.
I.
All applicants with matters pending before the Planning Board or
Zoning Board, as of the effective date of this chapter, shall be required
to comply with the new fees and escrow account maintenance provisions
contained herein.
J.
Each of the Village's professional consultants who render services
pertaining to a land use or development application shall submit itemized
vouchers to the Village Board reasonably setting forth the services
performed and amounts charged for such services if same are to be
deducted from the escrow deposit.
K.
A copy of said itemized voucher shall be transmitted to the applicant
simultaneously with the delivery to the Village Board together with
a notice notifying the applicant that the failure to object to payment
of the amount of the charges contained in said itemized voucher out
of escrow funds within 15 days of the sending of said notice shall
constitute an agreement by the applicant as to the reasonableness
of the charges.
L.
The Planning Board and/or the Zoning Board, as appropriate, shall
review vouchers for services rendered to each and shall communicate
its approval of same to the Village Board. The Village Board shall
review and audit all such vouchers and determine, in its discretion,
the professional fees which are reasonable in amount and necessarily
incurred by the Village in connection with the review and/or approval
of the land use or development application. A professional fee or
expense or part thereof is reasonable in amount if it bears a reasonable
relationship to the customary professional fee charged within the
region for services performed on behalf of the applicants or reviewing
boards in connection with applications for land use or development.
The Village Board may also take into account any special conditions
or considerations as the Village Board may deem relevant. A fee in
expense or part thereof is necessarily incurred if it was charged
by a professional consultant for a service which was rendered in order
to assist in the protection or promotion of the health, safety or
welfare of the Village or its residents; to assist in the protection
of public or private property or the environment from potential damage
that otherwise may be caused by the proposed land use or development;
to assure or assist in compliance with laws, regulations, standards
or codes which govern land use and development; to assure and assist
in the orderly development and sound planning of a land use or development;
to assure the proper and timely construction of public improvements,
parks and other facilities which affect the public welfare; to protect
the legal interests of the Village; to avoid claims against and liability
of the Village; or to promote such other interests that the Village
Board may specify as relevant. After review and audit of such voucher
by the Village Board, the Board shall authorize payment of same and
shall provide to the applicant a copy of the voucher as audited.
M.
No plat, plan or other determinations shall be issued until such
time as all reimbursements of costs and expenses, determined by the
Village boards, have been fully paid.
N.
To the extent that this chapter is inconsistent with, contrary to,
or in derogation of any other provision of the Westhampton Beach Code
or Village Law, this chapter shall control. This provision is enacted
pursuant to Article IX, § 2(c) of the New York State Constitution
and § 10(1)(i) and § 10(1)(ii) of The Municipal
Home Rule Law.
O.
Pursuant to § 10(1)(ii)(e)(3) of the Municipal Home Rule
Law, this provision is expressly intended to supersede the provisions
of Village Law § 7-712-a(8) (variances), § 7-725-a(8)
(site plans), § 7-712-b(6) (special use permits), and § 7-728(5)(d)(i),
§ 7-728(5)(d)(ii), § 7-728(5)(d)(iii), and § 7-728(6)
(subdivisions), by extending the time limitations or restrictions
set forth in the Village Law sections under which the boards of the
Village of Westhampton Beach are required to act, until such time
as all professional fees are paid as set forth herein; at which time,
the application review process can proceed, or the determination can
be made.
P.
Applicants shall pay a fee for the extension for any approval of
any Village board as follows:
(1)
Five hundred dollars for the first extension of any approval.
(2)
One thousand dollars for all subsequent extensions of any approval.
(3)
These extension fees shall not apply to any single-family dwellings
or associated accessory structures or improvements relative thereto.
(4)
These fees shall be paid within 45 days from grant of extension.
