[Adopted by the Town Board of the Town of Lancaster 12-19-2022 by L.L. No. 8-2022[1]; amended in its entirety 1-2-2024 by L.L. No. 1-2024. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Fee Chart
[1]
Editor's Note: This local law also repealed former Ch. 258, Permit and Application Fees, comprising Art. I, General Fees, adopted 6-20-1977 (Ch. 30, Art. I, of the 1966 Codification), as amended, and Art. II, Planning and Development Fees, adopted 12-7-1992 by L.L. No. 6-1992, as amended.
The Permit and Application Fees Ordinance heretofore adopted by the Town Board of the Town of Lancaster on October 28, 1958, and known as "Chapter 30 of the Code of the Town of Lancaster," is hereby repealed, and the Zoning Ordinance[1] and other ordinances of the Town of Lancaster are hereby amended so as to provide fees for applications and permits. All such fees shall be payable to the Town Clerk at the Town of Lancaster Town Hall.
[1]
Editor's Note: See Ch. 400, Zoning.
Before any person shall erect, construct, alter, move, demolish or commence to erect, construct, alter, move or demolish any building or structure within the Town of Lancaster, exclusive of the villages therein, such person shall first apply for and obtain a building permit from the Building Inspector upon the prescribed form.
A. 
Work started without a permit will be assessed a fee as adopted and promulgated by the Town Board by resolution.
B. 
Where a permit is acquired for the erection of a building for one purpose and it is to be used for a different purpose after it is constructed, approval must be obtained from the Town Board and recorded via resolution, which will then direct the Code Enforcement Officer as to issuance or rejection of the certificate of occupancy.
A. 
One-family dwelling: as adopted and promulgated by the Town Board by resolution.
B. 
Multiple dwelling: as adopted and promulgated by the Town Board by resolution. Includes two or more dwelling units, townhouses, condominiums, and apartment buildings.
C. 
Truss-type construction for new buildings or additions to buildings where additional floor space is added: a fee as adopted and promulgated by the Town Board by resolution, plus the cost of the required sign to be placed on premises identifying this type of construction.
A. 
New commercial construction: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Renovation of existing commercial: per fee chart.
C. 
Communication towers.
(1) 
Communication towers: a fee as adopted and promulgated by the Town Board by resolution for a tower up to 150 feet; and for height exceeding 150 feet, an additional cost of $100 per foot so exceeding 150 feet.
(2) 
Additions to communication towers or communication antennas for commercial use added to an existing building or structure: a fee as adopted and promulgated by the Town Board by resolution.
(3) 
Co-location of communication arrays or antennas on an existing tower or structure: a fee as adopted and promulgated by the Town Board by resolution, except on those towers situated on Town-owned property from which the Town derives a co-location fee.
(4) 
Alterations and modification to existing co-location systems: per fee chart.
D. 
Truss-type construction for new buildings or additions to buildings where additional floor space is added: a fee as adopted and promulgated by the Town Board by resolution, plus the cost of the required sign to be placed on premises identifying this type of construction.
A. 
Existing residential dwelling: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Garage, porch, deck: per fee chart.
C. 
Fences: per fee chart.
D. 
Sheds: per fee chart.
E. 
Antennas and radio tower: per fee chart.
F. 
Television dishes three feet wide or greater: per fee chart.
G. 
Wood stoves and fireplaces: per fee chart.
H. 
Pools.
(1) 
In-ground and aboveground pools or spas: per fee chart.
(2) 
Temporary/storable pools: per fee chart.
I. 
Miscellaneous.
Value
Fee
Up to $100
Per fee chart
$101 to $500
$501 to $1,000
For each $1,000 or part thereof
Fees for certificates of occupancy shall be as follows:
A. 
Change in use and new building.
Value
Fee
Up to $10,000
Per fee chart[1]
$10,001 to $20,000
$20,001 to $50,000
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
Fees for signs shall be as follows:
A. 
Portable ground sign: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
All other signs:
Total Face Area
(square feet)
Fee
Up to 25
Per fee chart
Over 25
Fees for liquid containers shall be as follows:
Capacity
(gallons)
Fee
Up to 1,000
Per fee chart[1]
1,000 to 6,000
6,000 to 12,000
Excess of 12,000
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
The fees for moving buildings shall be as follows:
A. 
From one location to another within the Town: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
From one location to another without crossing a public thoroughfare: per fee chart.
C. 
Crossing public thoroughfare: a surety bond in an amount to be approved by the Town Attorney.
The fee for gasoline or fuel oil pumps shall be as adopted and promulgated by the Town Board by resolution.
The fee for a private gas pump shall be as adopted and promulgated by the Town Board by resolution.
The fee for a building permit required for miscellaneous buildings and structures, including but not limited to conveyors, stone crushers, gravel washers, barns or other buildings, shall be as adopted and promulgated by the Town Board by resolution.
The fee to demolish, wreck or destroy any building or structure shall be as follows:
Cost of Demolition
Fee
Up to $1,000
Per fee chart[1]
$1,001 to $5,000
$5,001 or more
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
A. 
Fees for use and area variances, zoning interpretations, or administrative appeals are set forth as follows:
Type
Residential
Nonresidential
Use variance (single)
Per fee chart[1]
Per fee chart
Area variance (single)
Area variance (each additional)
Interpretation
Other (administrative appeal)
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
A temporary revocable permit as described in Chapter 400, Zoning, § 400-64D of the Code of the Town of Lancaster per fee chart.
A. 
The application fees for a rezoning application to the Town Board are as follows:
Type
New Zone: Residential
New Zone: Nonresidential
Base fee
Per fee chart[1]
Per fee chart
For each acre of the lot size
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Required mailings. In connection with an application for rezoning, the applicant shall, under the direction of the Town Clerk, mail notice, including a copy of the entire rezoning application package, to all property owners within 200 feet of the perimeter of the area proposed to be rezoned. The applicant shall directly pay all costs associated with these mailings. The applicant is required to complete and file an affidavit with the Town Clerk stating that the required mailings were completed in accordance with this subsection.
A. 
The application fees for special use permit under Chapter 400, Zoning, of the Code of the Town of Lancaster are as follows:
(1) 
Residential: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
(2) 
Nonresidential: per fee chart.
B. 
The application fee for an application for a special use permit under Chapter 163, Excavations, of the Code of the Town of Lancaster shall be as adopted and promulgated by the Town Board by resolution.
A. 
Application fees for the submittal and review of the sketch plan are as follows:
(1) 
Base fee: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
(2) 
For each lot: per fee chart.
B. 
Application fees for the submittal and review of the preliminary plat, or amendment of approved preliminary plats, are as follows:
(1) 
Base fee: per fee chart.
(2) 
For each lot: per fee chart.
C. 
Application fees for the submittal and review of the final plat or amendment of approved final plats, are as follows:
(1) 
Base fee: per fee chart.
(2) 
For each lot: per fee chart.
D. 
Application fees for the creation of additional lots, where a plat is not being amended: per fee chart.
E. 
Engineering fee for subdivisions up to four lots: per fee chart; all other subdivisions: per fee chart.
A. 
For each plan filed for a one- or two-family dwelling, the fee shall be as follows:
(1) 
One full bathroom: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
(2) 
Half bathroom: per fee chart.
(3) 
Laundry room or laundry setup: per fee chart.
B. 
For each plan filed for other structures, the fee shall be: $25, plus the following:
Number of Fixtures
Additional Fee
First 100
Per fee chart
Second 100
Third 100
Fourth 100
Over 400
In addition thereto, all applications shall include the following fees:
A. 
For each outside conductor: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
For each inside conductor: per fee chart.
C. 
For hot water heaters under 100 gallons: per fee chart.
D. 
For hot water heaters over 100 gallons: per fee chart.
E. 
For each reinspection: per fee chart.
A. 
Definitions. The following terms, when used in this section, shall have the meanings herein stated:
PRIVATE IMPROVEMENT
The construction of pavement and curbs, water lines, storm sewers, drainage detention areas and streetlights, which improvements are not dedicated to the Town but remain in private ownership, shall be considered private improvements.
PUBLIC IMPROVEMENT
The construction of pavement and curbs, water lines, storm sewers, drainage detention areas and streetlights, which improvements are dedicated to the Town, shall be considered public improvements.
B. 
Public and private improvement fees shall be as follows:
(1) 
The permit fee, due upon application, shall be per the fee chart.
(2) 
Inspection fees for public and private improvement permits shall be in sum equal to 8% of the estimated cost of construction.
(3) 
The application for both public and private improvement permits shall contain a statement by the applicant of the estimated cost of construction, together with an explanation of how this figure is derived. Final determination of estimated cost of construction shall be determined by the Town of Lancaster upon review of the application with proposed plans.
(4) 
In the event that the actual inspection cost exceeds the 8% collected, the applicant will reimburse the Town for the actual cost of the inspection. Any remaining funds above the actual costs of the Town's inspection shall be returned to the applicant.
The fee for each reinspection or certificate of occupancy for existing structures shall be as adopted and promulgated by the Town Board by resolution.
The fee for an operational permit for seasonal use (Christmas trees, etc.) shall be as adopted and promulgated by the Town Board by resolution.
The minimum fee for plumbing shall be:
A. 
On one application for a single-family residence dwelling: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
On one application for a two-family or multiple dwelling: per fee chart per unit, plus an additional fee (per fee chart) for all reinspections exceeding three.
All permit fees are to be paid to the Town Clerk at the time of filing the application for the permit.
A. 
A recreation filing fee shall be paid by the building permit applicant with each residential building permit application, or, in the alternative, at the option of the Town Board, upon the recommendation of the Planning Board, the Town may accept a contribution of land by a subdivision applicant or developer for future development of recreation area, provided that such use will conform generally to the recreational master plan of the Town of Lancaster.
B. 
The fee schedule where the Town imposes a recreation filing is as follows:
(1) 
Single-family dwelling: per fee chart per lot.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
(2) 
Multiple dwelling: per fee chart for each dwelling unit.
A tree reforestation fee shall be paid into the Tree Restoration Fee Trust Fund by the building permit applicant with each residential or commercial building permit application as follows:
A. 
Single-family dwelling: per fee chart per lot.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Multiple dwelling, townhouse, condominium, apartment:
(1) 
On a dedicated road: per fee chart for the first dwelling, plus per fee chart for each additional dwelling unit.
(2) 
On a private road: per fee chart per acre or part thereof.
C. 
Hotels and motels: per fee chart per acre or part thereof.
D. 
Commercial and industrial building: per fee chart per acre or part thereof.
The establishment of improvement values shall be as follows:
A. 
For determining the fee for a certificate of occupancy:
(1) 
Renovation of existing commercial: per fee chart per square foot.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
(2) 
New commercial construction: per fee chart per square foot.
(3) 
Renovation of existing dwelling: per fee chart per square foot.
(4) 
New dwelling construction: as adopted and promulgated by the Town Board by resolution per square foot.
(5) 
Garages and porches: per fee chart per square foot.
B. 
New commercial construction: per fee chart per square foot.
C. 
Renovation of existing dwelling: per fee chart per square foot.
D. 
New dwelling construction: per fee chart per square foot.
E. 
Garages and porches: per fee chart per square foot.
If any section, paragraph, subdivision, clause, phrase or provision of this article shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this article as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
Where this article imposes greater restrictions or requires higher standards than any law, ordinance, regulation or private agreement, this article shall control. Where greater restrictions or higher standards are imposed by any law, ordinance, regulation or private agreement, such greater restrictions and higher standards shall control.
A. 
For each and every willful violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and if such persons cannot be found with due diligence by the officials of this Town, then the lessee or tenant of the premises where such violations have been committed or shall exist shall be guilty of an offense punishable by a fine of not more than $250 or imprisonment of 10 days, or both. Such fines shall be levied and collected as like fines are now by law collected.
B. 
A second conviction under any of the provisions of this article shall, in addition, subject the violator to cancellation of any licenses or permits under this specific article now in existence issued to such person, firm or corporation by the Town of Lancaster.
A. 
The fee for publication of legal notice in an official newspaper is as adopted and promulgated by the Town Board by resolution.
B. 
Readvertisement fee: as adopted and promulgated by the Town Board by resolution. The applicant's request for postponement may require a readvertisement fee.
For any proceeding before a Town body for which a transcript is prepared by other than Town staff, the applicant shall pay all costs of transcription and shall provide the Town with a copy of the transcript.
The Town is subject to the State Environmental Quality Review Act.[1] In addition to any other fees imposed by this section, to cover professional expenses in reviewing submittals, any application for a non-Type II activity shall, in addition to any other fees imposed, include the following State Environmental Quality Review Act review fees.
A. 
Review fee for a short-form EAF: per fee chart.[2]
[2]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Review fee for a long-form EAF: per fee chart.
C. 
Applications may require the lead agency to engage professional services as part of the review process. Such services may include an engineer, planning consultant or other specialist necessary for the agency to make an informed decision. Expenses incurred by the Town for this purpose shall be fair and reasonable and shall be reimbursed to the Town by the applicant in the amount of the actual expense incurred. An escrow account shall be established for this purpose by the applicant in an amount suggested by the reviewing board if it determines that such services are required. Should the required escrow be depleted before final approval, the applicant will be advised that additional monies must be deposited before review will continue.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
A. 
Construction trailer fee: per fee chart.[1]
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
Temporary certificates of occupancy or other interim certificates (Fee is due in addition to fees for final certificate.): per fee chart.
C. 
Reinspection fees: per fee chart.
D. 
Zoning confirmation letters: per fee chart.
A. 
Definitions. For the purpose of this article, certain terms are defined as follows:
DEVELOPMENT AREA
An area of land permitted by this article to be developed by a single owner or group of owners acting jointly, which may consist of a parcel or assembled parcels planned and developed as an entity.
SITE PLAN
(1) 
Any site development plan for residential developments that contain three or more single-family dwellings in a planned cluster development, other than dwellings contained in a subdivision subject to processing under the subdivision regulations of the Town of Lancaster.
(2) 
Any site development for residential developments that contain three or more multifamily dwelling units.
(3) 
Any site development plan for apartment houses, townhouse units, condominium units or commercial, industrial, recreational, religious or institutional developments.
B. 
A site plan review fee is required. Where an application is made to the Town of Lancaster to review or amend a site plan as required by Chapter 400, Zoning, of the Code of the Town of Lancaster, the following site plan review fees shall be imposed as part of the review process:
Area
(acres)
Fee
0 to 1
Per fee chart[1]
Greater than 1
Per fee chart, plus per fee chart for each additional acre or fraction thereof
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
A stormwater pollution prevention plan review and inspection fee shall be paid by the applicant for the review of the stormwater pollution prevention plan (SWPPP), the review of any subsequent revisions to an SWPPP, and all inspections of development activities/sites associated with enforcing/overseeing implementation of the SWPPP as follows:
A. 
For single-phase residential and commercial development projects (Scheme A):
Area
(acres)
Fee
0 to 5
Per fee chart[1]
5 to 10
Per fee chart
Greater than 10
Per fee chart, plus per fee chart for each additional 5 acres (or a fraction thereof) over 10
[1]
Editor's Note: The fee chart is included as an attachment to this chapter.
B. 
For multiphase residential and commercial development projects (Scheme B):
(1) 
When the entire project is first being reviewed and approved by the municipality, use Scheme A above to determine an initial fee based on the entire acreage of the project to be developed in several phases.
(2) 
Add: per fee chart for each subsequent phase after the first initial phase, to be collected at the beginning of each subsequent phase.
Should a court determine that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is unconstitutional or invalid, such court order or judgment shall not affect, impair, or invalidate the remainder of this article but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, firm, corporation, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
This article shall be effective upon its filing with the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.