[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 11-27-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Deposits on applications — See Ch. 68.
Fire prevention and building construction — See Ch. 84.
Freshwater wetlands — See Ch. 91.
Illicit discharges to storm sewer — See Ch. 97.
Land development — See Ch. 100.
Landmark preservation — See Ch. 102.
Peddling and soliciting — See Ch. 113.
Public access to records — See Ch. 120.
Special sales — See Ch. 124.
Soil removal — See Ch. 131.
Streets and sidewalks — See Ch. 134.
Subdivision of land — See Ch. 137.
Telecommunications licenses and franchises — See Ch. 145.
Trees — See Ch. 147.
Zoning — See Ch. 161.
[Amended 10-25-2012; 3-14-2014; 6-17-2014; 11-20-2017 by L.L.
No. 6-2017; 6-19-2018; 2-7-2019 by Res. No.
2019-31; 3-7-2019 by L.L. No. 4-2019; 4-14-2021]
As of April 14, 2021, the following fees are hereby established
until further resolution of the Board of Trustees:
A.
Chapter 68, Deposits on Applications.
(1)
On all applications to the Board of Trustees, the Planning Board,
the Board of Appeals, and the Architectural and Preliminary Site Review
Board, and for a regulated activity in a freshwater wetland, the applicant
shall be liable to the Village and shall pay the following costs which
may be incurred by the Village in processing the application:
(a)
Advertising hearings.
(b)
Stenographic minutes of meetings and hearings.
(c)
Engineering fees of the Village Engineer at the rates approved
by the Board of Trustees.
(d)
Arborist fees of the Village Arborist at the rates approved
by the Board of Trustees.
(e)
Legal fees of the Village Counsel at the rates approved by the
Board of Trustees.
[Amended 6-18-2024 by Res. No. 2024-92]
(2)
[1]On all such applications, the applicant shall deposit the
sums specified below to defray the actual costs incurred by the Village:
(a)
On application to the Board of Trustees for special exception
permit or amendment thereof: a sum determined by the Board of Trustees
not to exceed $5,000.
(b)
On application to the Board of Trustees for an off-shore structure:
$5,000.
(c)
On application to the Board of Appeals: $5,000.
(d)
On application to the Planning Board for a land development permit under Chapter 100 of the Code: $5,000.
(e)
On all other applications to the Board of Trustees: a sum determined
by the Board of Trustees not to exceed $5,000.
[Added 12-15-2021]
(f)
On application to the Architectural and Preliminary Site Plan Review
Board: $5,000.
[Added 7-27-2022]
[1]
Editor's Note: Former Subsection A(2), regarding foregoing
costs for an application, was repealed 7-27-2022. This resolution also renumbered former
Subsection A(3) and (4) as Subsection A(2) and (3), respectively.
(3)
The applicant shall reimburse the Village for such costs, to the
extent that they exceed the applicant's deposit, within 30 days of
request by the Village and, in any event, prior to the issuance of
any permit for the work which was the subject of the application as
well as for any other work on the premises which was the subject of
the application.
B.
Chapter 84, Fire Prevention and Building Construction.
(1)
For a permit for a new building or other structure not otherwise
provided for or for the alteration of an existing building or other
structure not otherwise provided for, the fee shall be $500, plus
$11 for each $1,000 or fraction thereof of estimated cost and a curb
cut cross permit shall be required. The estimated cost in all instances
shall be at $400 per square foot. The fee for a renewal of such permit
shall be as follows:
[Amended 6-27-2023 by Res. No. 2023-147]
(a)
Mechanical permits: $200 per year or fraction thereof with a
maximum charge of $2,000.
(b)
All other permits: $400 per year or fraction thereof with a
maximum charge of $2,000.
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The calculation for the renewal fee continues each year or fraction
thereof until the application is complete, all of the required documents
have been filed, all required inspections are performed by the Building
Department, and payment is made in full or the maximum charge is reached.
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(2)
For a permit for the demolition of a building or structure or part
thereof, the fee shall be $500, plus $11 for each $1,000 or fraction
thereof of estimated cost. In addition to such fee, a cash bond of
$25,000 and a curb cut crossing permit shall be required. In the event
that after a building permit has been issued the applicant is required
or determines to demolish the building instead of proceeding with
the approved alteration, a demolition permit must be obtained and
the fee for the alteration permit may be used as a credit toward the
new construction, whether it be reconstruction or replacement.
[Amended 6-27-2023 by Res. No. 2023-147]
(3)
Infrastructure
improvement fee.
[Added 6-27-2023 by Res. No. 2023-147[2]]
(a)
Upon filing an application for a building permit, in order to
defray the costs for the Village to protect all public improvements
in the area of construction, including but not limited to road pavements,
curbs, drainage facilities, and similar public improvements and to
provide for the future development of those improvements, the applicants
shall pay the following nonrefundable fee:
[1]
For construction of a new residence: $5,000.
[2]
For any alteration to an existing residence costing more than
$100,000 as determined by the Building Inspector: $2,500.
[3]
For a new pool, driveway, patio, terrace, deck, accessory building,
or property regrade: $1,500.
[4]
For the demolition of substantially all structures on a residential
lot when the owner does not file a building permit within 90 days
after the start of the demolition: $5,000.
[5]
For all new nonresidential construction or demolition of substantially
all nonresidential structures: $10,000.
(b)
In the event that any public improvements are damaged during
the course of construction in connection with the building permit
that has been issued, the Village shall require that the owner repair
the damage in a good and workmanlike manner, meeting all the Village
standards. In the event that the owner of the property does not repair
the public improvements as aforesaid, the Village may make the necessary
repairs and charge those costs to the property owner as an additional
fee. In the event that the fee is unpaid when the Village is preparing
its next annual assessment roll, the fee shall be added to the assessment
roll for the property and collected in the manner fixed by law for
the collection of the Village's real property taxes. In that event,
interest from the date the work was performed shall be fixed, and
the full amount, with that fixed interest, shall be subject to a delinquent
penalty at the legal rate of interest for Village real property taxes
in the event that the same is not paid in full on or before the date
the tax bill upon which such charge appears becomes delinquent.
[2]
Editor's Note: This local law also redesignated former Subsection
B(3) through (14) as Subsection B(4) through (15).
(4)
For a mechanical permit for the installation of any fuel-burning
appliance, heating appliance, air-conditioning appliance, mechanical
equipment, power generator, or fuel storage tank, regardless of fuel
type, the fee shall be $250 for the first appliance, plus $25 for
each additional appliance, plus a curb cut cross permit shall be required.
For an amendment to such a permit, the fee shall be $250 for the first
appliance, plus $25 for each additional appliance.
[Amended 12-15-2021]
(5)
For a permit to install, extend, alter, or replace any on-site sanitary
or stormwater drainage system, the fee shall be $250 and a curb cut
cross permit shall be required.
(6)
For a permit for a new offshore structure or for an alteration to
an existing one, the fee shall be $1,000.
(7)
For a street opening permit, the fee shall be $500.
(8)
For a denial letter to appeal to the Board of Appeals, the fee shall
be $500 and an additional $250 for each variance. In the event that
an applicant revises the plans at any time or from time to time after
the initial review, an additional fee shall be required for each revision,
calculated in the same manner as the initial fee. For clarity:
[Amended 6-18-2024 by Res. No. 2024-92]
(a)
If there is only one variance required, the fee shall be $750.
(b)
If there are two separate portions of a structure that each
require the same variance, each portion shall be treated as a separate
variance.
(c)
If a portion of a structure requires variances from more than
one provision of the Village Code, each provision will be deemed a
separate variance. Accordingly, if a variance is sought to reduce
a side yard from 28 feet to 19 feet, that will result in an aggregate
side yard of 50 feet instead of 65 feet, there would be 3 variances:
side yard, aggregate side yard, and projections into a side yard.
It also might include a sky plane variance.
(9)
Any and all fees, costs, or expenses imposed by the State of New
York, the County of Nassau, or any agency or department thereof with
respect to the filing or review of maps, plans, or data submitted
to it by the Village or the applicant pursuant to the provisions of
Article 12-B of the General Municipal Law, Article XVI of the County
Government Law of Nassau County, or any other law, rule, or regulation,
shall be the responsibility of the applicant and shall be paid by
the applicant at the time such maps, plans, or data are submitted
to the state, the county, or such agency or department. If, nevertheless,
such a fee, cost, or expense is paid by the Village, the applicant
shall reimburse the Village prior to the issuance of the permit or
approval sought by the applicant from the Village, and, in the discretion
of the Village, the processing of any such application may be suspended
until such fee, cost, or expense is reimbursed to the Village.
(10)
For an amendment to a permit for a new building or other structure issued pursuant to Subsection A, the fee shall be $11 for each $1,000 or fraction thereof of estimated additional cost by virtue of the amendment, if any, but in no event shall such fee be less than $500 if there are to be structural changes or $250 if there are not to be structural changes.
[Amended 3-5-2024 by Res. No. 2024-39]
(11)
All of the foregoing fees, other than those set forth in Subsection B(8), shall be doubled in the event that the construction, installation, demolition, or other activity or item or work (hereinafter, within this subsection, all together referred to as "work") requiring a permit has been commenced prior to the issuance of a permit. Upon application to the Board of Trustees, such doubling of the fee may be reduced by the Board of Trustees, upon a showing that such work was so minor that the doubling of the fees would be so substantially out of proportion to the additional work to the Department that it would amount to an unwarranted penalty, or that the performance of such work prior to the issuance of the requisite permit was reasonably necessary to save life or property.
(12)
Whenever the plans accompanying an application are for a structure which, in the opinion of the Building Inspector, is of complex design, the Building Inspector shall require the applicant to file an affidavit, signed by an architect or engineer, certifying that the plans and specifications comply with the provisions of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point in force on the date of the application. In such case, the Building Inspector may, at his or her discretion, employ an architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1 1/3% of the estimated construction cost, is in excess of 1/2 of the permit fee required by § 84-28 shall be added to such permit fee and paid by the applicant before the permit shall be issued.
(13)
There shall be no charge to review revised plans the first two
time a review is requested or required. For each and every time thereafter,
there shall be a permit fee equal to 10% of the original permit fee.
[Amended 6-18-2024 by Res. No. 2024-92]
(14)
Abandonment of project:
(a)
If a building permit application has been filed, but it is abandoned
before it is reviewed, the applicant shall receive a refund of 100%.
(b)
If a building permit application has been filed and reviewed,
but not approved, the applicant shall receive a refund of 50%.
(c)
Once a building permit is approved, the applicant shall not
be entitled to any refund.
(d)
Under no circumstances will the fees from an abandoned project
be credited to a different project.
(15)
Deposits.
[Amended 8-20-2024 by Res. No. 2024-139]
(a)
Unless otherwise provided, a $2,000 deposit shall be paid with
each building permit application.
(b)
Such deposit may be used by the Village to reimburse the Village
for any sums to which it may be entitled by the issuance of such permit,
the enforcement of the Village Code with regard to such permit, and
for any extension fees that may accrue if the required certificate
is not obtained prior to the expiration of such permit or the expiration
of any renewal permits for such work.
(c)
If the property owner or other applicant for a permit does not
close out the permit or obtain an extension of the permit, or if no
permit was issued but the deposit was required to resolve a matter
and the matter was not resolved within the time period provided to
resolve the matter, then, in any of such events, within three years
of the date the money was deposited or upon the expiration of the
permit and any extensions thereof, or such time period, whichever
is later, the deposit shall be forfeited to the Village.
(16)
Additional inspections. When more than two inspections are required
for the same work because after the first two inspections the work
that was inspected was not complete and/or not correct, for each inspection
for that work after the second inspection, the fee shall be $1,000.
[Amended 6-18-2024 by Res. No. 2024-92]
C.
Chapter 91, Freshwater Wetlands. The application fee for a permit for a regulated activity in a freshwater wetland shall be $300.
D.
Chapter 97, Illicit Discharges to Storm Sewer. The following fee schedule shall apply to all permits issued pursuant to this chapter:
E.
Chapter 100, Land Development.
[Amended 6-27-2023 by Res. No. 2023-147; 7-23-2024 by Res. No. 2024-115]
(1)
The fee for a land development application shall be $1,000 plus $5
per cubic yard of soil, sand, gravel, or other fill or similar material
to be exported from or imported to any land within the Village.
(2)
Provided no other sums are owed to the Village upon the full completion
of the project, in the event that the project is permanently abandoned
or the application is amended reducing the amount of material to be
exported from or imported to the land, all or part of the fee initially
paid shall be refunded to the owner upon the full completion of the
project, or permanent abandonment of the project, as the case may
be, based upon the reduced amount of material exported from the land
or imported to the land, less $500 for the review and processing of
the refunded sum, as determined by the Village.
(3)
Upon full completion or abandonment of the project, the owner shall
submit a certification, certified to the Village, with a computation
supporting that certification, by a professional engineer satisfactory
to the Village running to the benefit of the Village and the owner
as to the amount of material that was exported from or imported to
the land and the owner shall either pay such additional amount or
receive a refund from its payment, based upon the amount so certified
and verified, at its option, by the Village.
(4)
For a waiver: $1,000.
F.
Chapter 102, Landmarks Preservation. The processing fee for a request for a designation of a landmark, landmark site, or historic district shall be $200.
H.
Chapter 113, Peddling and Soliciting. The fee for a license pursuant to said chapter shall be $50.
I.
Chapter 120, Records, Public Access to. Except when a different fee is otherwise prescribed by law:
(2)
The fee for copying records shall be not less than $0.25 per page
or such other sum as may be permitted by law, whichever is greater,
for photocopies not exceeding nine inches by 14 inches.
(3)
The fees for copying of records not covered by Subsection H(1) and
(2) of this section shall not exceed the actual reproduction costs.
L.
Chapter 131, Soil Removal. The fee for any permit pursuant to this subsection shall be $300 plus $0.10 per cubic yard of soil, sand, or gravel to be removed.
M.
Chapter 134, Streets and Sidewalks.
[Amended 1-19-2009 by Res. No. 2009-6]
(1)
The bond or deposit required to be filed pursuant to § 134-5 shall be $50,000, unless upon application to the Superintendent of Public Works or the Board of Trustees, based upon the work to be performed, such amount should be reduced; however, in no event shall it be reduced to less than $1,000. In addition to such bond, the applicant shall submit satisfactory proof of liability insurance, naming the Village as an additional insured, of not less than $5,000,000 for each occurrence.
[Amended 6-27-2023 by Res. No. 2023-147]
(2)
The fee for a permit to permit water to flow onto a public street
shall be $10.
(3)
The fee for a curb cut crossing shall be $25. The deposit required to be filed pursuant to § 134-9 shall be $400.
(4)
Pursuant to § 134-19, a municipal corporation, public benefit corporation, or public utility corporation may, in lieu of the bond otherwise required for a street opening permit, provide its personal corporate bond in the amount of $50,000.
(5)
The fee for a street opening permit shall be $200.
(6)
The deposit for a street opening permit shall be equal to $100 multiplied
by the number of square feet covered by the proposed street opening
plus $25 multiplied by the number of lineal feet of curb to be removed
or displaced by the applicant. In no event shall the amount of said
deposit be less than $1,500.
(7)
Pursuant to § 134-28, the insurance for a street opening permit shall insure the Village against public liability and property damage with limits of not less than $2,000,000/$1,000,000 for personal injuries and $1,000,000 for property damages and shall be written by an insurance company, authorized to do business in the State of New York, which has an A.M. Best rating of "A-VIII" or better. A municipal corporation, public benefit corporation, or public utility corporation may, in lieu of the insurance required for a street opening permit, provide its personal corporate bond in such amount.
N.
Chapter 137, Subdivision of Land.
(1)
Upon filing an application for preliminary approval of a plat of
a subdivision, the applicant shall pay to the Village Clerk a fee
of $2,000.
(2)
If the Planning Board disapproves of the preliminary plat submitted
and the applicant applies for preliminary approval of a revised plat
of the same subdivision within 100 days of the initial disapproval,
the applicant shall pay to the Village Clerk a fee of $500.
(3)
Upon filing an application for final approval of a plat of a subdivision,
the applicant shall pay to the Village Clerk a fee in the sum of $1,000,
plus $500 for each plot or lot shown on the plat submitted for approval.
O.
Chapter 145, Telecommunications Licenses and Franchises.
(1)
Each applicant for a telecommunications license or franchise pursuant to Article III or IV of Chapter 145, or an amendment or renewal thereof, shall pay an application review fee in a sum equal to the greater of either:
(a)
Two hundred fifty dollars; or
(b)
One percent of the estimated cost of construction of the applicant's
proposed or existing telecommunications facilities or, if the application
is solely to amend an existing application for new construction to
alter an existing facility, 1% of the proposed new construction.
(3)
An applicant whose license or franchise application is withdrawn
or abandoned prior to approval or denial, within 60 days of such withdrawal
or abandonment, shall be refunded its application review fee, less
a reasonable sum, to be determined by the Village, equal to the Village's
expenses incurred for the application and review process prior to
the date of withdrawal or abandonment. Such expenses may include all
ascertainable costs and expenses incurred by the Village in connection
with the application, including salaries and overhead for Village
employees.
(4)
Unless otherwise agreed in a license or franchise agreement, each
licensee and franchisee shall pay an annual license fee to the Village
equal to 3% of the gross revenues received by the licensee or franchisee
pursuant to said license or franchise.
Q.
Chapter 161, Zoning.
(1)
Unless otherwise provided herein, all applications pursuant to Chapter 161 to the Board of Appeals and the other boards and commissions of the Village shall be $1,000. In addition, each time there is a submission of redesigned or other changed plans to the Board of Appeals or any other board or commission, which the Building Department reviews for such board, after a set of plans had already been reviewed by the Building Department, there shall be an additional fee of $1,000.
[Amended 6-18-2024 by Res. No. 2024-92]
(2)
The fees for applications to the Architectural and Preliminary Site
Review Board shall be as follows:
(a)
Application for a new building (other than an accessory building):
$1,000 (per building).
(b)
Application for an addition and/or alteration to an existing
building (other than an accessory building), the cost of which would
exceed 50% of the replacement cost of the existing building as determined
by the Building Inspector: $1,000.
(c)
Application for addition and/or alteration to an existing building
(other than an accessory building), the cost of which would not exceed
50% of the replacement of the building as determined by the Building
Inspector: $500.
(d)
Application for an accessory structure: $250.
(e)
Application for landscaping only: $250.
(f)
Application for a waiver: $500.
(g)
Application to reopen an application after it has been decided:
the same fee as originally charged for the application.
(3)
Each owner and operator of a telecommunications tower and/or antenna,
other than with regard to small wireless facilities, shall pay the
following fees:
(4)
The application and annual fees for small wireless facilities shall
be as follows:
(a)
The application fee shall be $500 for a small wireless facility
on an existing structure. If the application includes more than one
small wireless facility on an existing structure, there shall be no
charge for the first five small wireless facilities on existing structures
and an additional $100 fee for each small wireless facility on an
existing structure included in the application in excess of five.
(b)
The application fee shall be $1,000 for each small wireless
facility that will not be attached to an existing structure.
(c)
There shall be an annual fee annual fee of $270 for each small
wireless facility.
R.
The fee for any application to any board or commission of the Village
not otherwise provided for herein shall be $1,000.
S.
When an application requires the services of the Village Counsel, and provision for such services is not provided in Subsection A, the applicant shall be liable to the Village for the legal fees of the Village Counsel at the rates approved by the Board of Trustees for such services and shall deposit the sum of $5,000 to defray the actual cost incurred by the Village in processing the application. The applicant shall reimburse the Village for such services to the extent that they exceed the applicant's deposit, within 30 days of request by the Village and, in any event, prior to the issuance of any permit for the work which was the subject of the application.
[Added 2-28-2023 by Res. No. 2023-37]
