Chapter A200 Fees

Building permits. Building permit fees shall be based on the following formula as applied to the costs of construction: $65 for the first $1,000 of cost of construction, plus $8 per thousand for each additional $1,000 of cost of construction. In determining the final fee, the following additional rules shall apply:

The minimum fee in any case shall be $100.

For a single-family residence, 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:

One hundred fifty dollars per square foot for residences with gross areas up to 1,500 square feet.

Two hundred dollars per square foot for residences with gross areas from 1,501 square feet to 2,000 square feet.

Two hundred fifty dollars per square foot for residences with gross areas from 2,001 to 3,000 square feet.

[4]

Three hundred dollars per square foot for residences with gross areas from 3,001 to 4,000 square feet.

[5]

Three hundred fifty dollars per square foot for residences with gross areas from 4,001 to 5,000 square feet.

[6]

Four hundred dollars per square foot for residences with gross areas from 5,001 to 6,000 square feet.

[7]

Four hundred fifty dollars per square foot for residences with gross areas over 6,000 square feet.

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:

Three hundred per square foot for buildings with areas up to 5,000 square feet.

For buildings with areas over 5,000 square feet, $400 per square foot up to 20,000 square feet, plus $100 per square feet for the gross area in excess of 20,000 square feet.

For tennis courts, concrete and masonry walks and patios, the cost of construction shall be determined by multiplying the gross area times $8 per square foot.

For accessory buildings, greenhouses, swimming pools and decks, the cost of construction shall be determined by multiplying the gross area times $50 per square foot.

For attached and detached garages, the cost of construction shall be determined by multiplying the gross area times $125 per square foot.

(f)

For walks over the dunes and wetlands, the fee shall be $350.

(g)

For all fences, the fee shall be $50.

(h)

For demolition, the fee shall be $150.

(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):

New house construction or major renovation review: $1,000.

Nonmajor addition review: $500.

Accessory structure review, including walks over dunes: $200.

Certificates of occupancy. The fees for certificates of occupancy shall be as follows:

Payable upon issuance of the building permit: $100.

Updated or new certificate of occupancy: $150. Reproduction of certificate of occupancy document: $25.

(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:

Subdivisions.

Minor subdivision application fee: $200 plus $200 per lot.

Major subdivision application fees:

[a]

Preliminary: $200, plus $200 per lot.

[b]

Final: $200, plus $200 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.

Site plans.

Waiver application: $200.

Application fee: $650.

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.

[4]

Modification: $300.

Summer rental application.

For permits 30 days or less: $150.

For permits over 30 days: $250.

Bed-and-breakfast: $150.

Stormwater pollution prevention plan (SWPPP).

Application fee: $500.

Review fee: $0.025 per square foot of proposed area of site disturbance.

(4)

Special exceptions.

Application: $400.

Condominium/cooperative, multifamily housing or residential uses: $500, plus $150 per unit.

(5)

Variances. The following fees shall apply for applications for variances and similar actions:

For area variance, interpretation or other application to the Zoning Board of Appeals: $450 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.

For a use variance: $650.

Coastal erosion variance: $1,000.

FEMA variance: $1,000.

Appeal from a determination of the Architectural Review Board: $450.

(6)

Sign permits.

General: $100.

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 $100 shall be paid.

(10)

Electrical inspection fees.

Fees shall be determined pursuant to the annual agreement with the Town of Southampton.

(11)

Unauthorized construction, installation or use. The permit or approval fee amount established in this article shall be doubled if construction, installation, or change of use has been commenced or completed at any time before the associated permit or approval has been issued by the Village.

Alarms and alarm systems.[1]

The filing fee for an alarm permit shall be $100.

The filing fee for a renewal permit shall be $50.

Editor's Note: See Ch. 51, Alarms and Alarms Systems.

Environmental quality review.[2]

The filing fee for an application pursuant to Chapter 81 shall be $100.

Editor's Note: See Ch. 81, Environmental Quality Review.

Excavation of land.[3]

The filing fee for Class A permit shall be $250.

The filing fee for a Class B permit shall be $150.

Editor's Note: See Ch. 85, Excavation of Land.

Garbage, refuse and rubbish.[4]

The fee for a license pursuant to Chapter 96 shall be $100.

[4]

Editor's Note: See Ch. 96, Garbage, Rubbish and Refuse.

Sales outdoor.[5]

The filing fee for a permit pursuant to Chapter 140 shall be $150.

[5]

Editor's Note: See Ch. 140, Sales, Outdoor.

Tents.[6]

The filing fee for a permit pursuant to Chapter 167 shall be $100.

[6]

Editor's Note: See Ch. 167, Tents.

Outdoor dining.

The filing fee for a permit pursuant to Chapter 196 shall be $150.

Outdoor tables, chairs and benches.

The filing fee for a permit pursuant to Chapter 196 shall be $150.

Outdoor music.

The filing fee for a permit pursuant to Chapter 196 shall be $150.

Accessory solar energy system.

The filing fee for a permit pursuant to Chapter 197 shall be $50.

Road opening.

The filing fee for a permit pursuant to Chapter 146 shall be $150.

Fire prevention permits to install, operate, maintain or store.

Place of assembly.

Maximum occupancy of 100 persons: $100.

Maximum occupancy over 100 persons: $350.

Flammable and combustible liquids.

One thousand gallons or less of bulk storage: $125.

Over 1,000 gallons of bulk storage: $500.

Any quantity in five-gallons-or-less capacity closed containers for resale to the public: $25.

(3)

Flammable finishing: $100.

(4)

Hazardous chemicals: $250.

(5)

Liquefied petroleum gas installations.

Aboveground: $90.

Underground: $120.

Any one- or two-family residential installation: $50.

(6)

Repair garages: $75.

(7)

Fire protection equipment and/or system installation; includes two inspections. Additional inspections are $100 each paid prior to inspection.

Sprinkler system:

Two thousand square feet or less: $100.

Two thousand one square feet or more: $250.

Fire alarm detection systems:

Two thousand square feet or less: $100.

Two thousand one square feet or more: $250.

Vapor/gas detection system: $50.

Standpipe system: $50.

Fixed extinguishing systems: $150.

(8)

Dry cleaning plant: $45.

(9)

Structure construction or alteration.

Under 5,000 square feet: $100.

Over 5,000 square feet: $200.

(10)

Fireworks display: $400.

(11)

Installation/alteration of cooking vapor removal systems: $150.

(12)

Knox Box: $45.

(13)

Tents over 200 square feet and canopies over 400 square feet.

Residential: $100.

Commercial:

Up to 2,000 square feet: $200.

Over 2,000 square feet: $300.

(14)

Bonfires: $50.

Commercial use of Village property.

§ A200-1.1 Prepayment of professional fees.

The filing fee for a permit shall be $750 per day and a security deposit of $500.

[Added 1-12-2010 by L.L. No. 1-2010]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applicants shall pay a fee for the extension for any approval of any Village board as follows:

Five hundred dollars for the first extension of any approval.