[Amended 1-19-2009 by Res. No. 2009-6; 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; 12-15-2021; 7-27-2022; 8-23-2022; 10-13-2022; 2-28-2023 by Res. No. 2023-37; 6-27-2023 by Res. No. 2023-147; 3-5-2024 by Res. No. 2024-39; 6-18-2024 by Res. No. 2024-92; 7-23-2024 by Res. No. 2024-115; 8-20-2024 by Res. No. 2024-139; 11-5-2024; 3-24-2025; 6-17-2025; 6-26-2025; 7-22-2025; 2-11-2026]
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.
(2)
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.
(f)
On application to the Architectural and Preliminary Site Plan Review Board: $5,000.
(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:
(a)
Mechanical permits: $200 per year or fraction thereof with a maximum charge of $2,000.
(b)
All other permits that do not involve substantial construction: $400 per year or fraction thereof with a maximum charge of $2,000.
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. |
(c)
All other permits that involve substantial construction: $1,000 for the first one-year renewal; $1,000 for the second one-year renewal; and the same fee as required for a new permit for a third renewal.
"Substantial construction," for the purpose of this Subsection B(1), shall mean any new construction of a single-family dwelling or any addition and/or alteration affecting 50% or more of the dwelling. |
(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.
(3)
Infrastructure improvement fee.
(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.
(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.
(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.
(9)
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:
(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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
Deposits.
(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 do everything on the owner or other applicant's part to 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.
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.
(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.
J.
Chapter 122, Rental Dwelling Unit Registration. The fee for a permit shall be $1,000 for each dwelling unit.
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.
(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.
(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 $250. The deposit required to be filed pursuant to § 134-9 shall be $2,000.
(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)
No more than one street may be included in a street opening permit. The fee for a street opening permit shall be as follows:
(a)
Except for local authorities, which are public benefit corporations: $750 for each road opening up to five feet in width by five feet in length and an additional $5 per linear foot in width and/or length beyond five feet in width and/or length, whether directional drilling or open trenching.
(b)
For local authorities, which are public benefit corporations: $750.
(6)
The deposit for a street opening permit shall be $3,000.
(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.
R.
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.
(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.
S.
The fee for any application to any board or commission of the Village not otherwise provided for herein shall be $1,000.
T.
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.
U.
Once a fee has been paid and the processing of the matter for which the fee was paid has commenced, the fee shall not be returned in whole or in part.