Village of Manorhaven, NY: Land Use and Zoning Applications

Article I Land Use and Zoning Applications

[Adopted 12-16-1998 by L.L. No. 3-1998]

§ 64-1 Costs for which applicant is liable.

For the following applications, the applicant shall be liable for any costs incurred by the Village as set forth in Subsection B that may be incurred by the Village in processing the application:

[Amended 3-23-2009 by L.L. No. 1-2009; 9-26-2013 by L.L. No. 11-2013]

(1)

Application to the Board of Trustees for a change of zone.

(2)

An application to the Board of Zoning and Appeals for a use variance, whether the application is residential or commercial.

(3)

An application to the Board of Zoning and Appeals for an area variance, whether the application is residential or commercial.

(4)

An application to the Planning Board or Board of Trustees for site plan review.

(5)

An application to the Planning Board or Board of Trustees for subdivision or partition of property.

(6)

Any application for a special permit, special use permit, conditional use permit or special exception.

For the applications listed in Subsection A, the applicant shall be liable and shall pay the following costs incurred by the Village in processing the application:

(1)

Advertising.

(2)

Stenographic minutes of meetings.

(3)

Engineering and/or architectural fees in connection with plans review and revision.

[Amended 3-23-2009 by L.L. No. 1-2009]

(4)

Planning, sound, traffic, environmental or other specialized studies.

(5)

Legal fees for the Village’s attorneys for the Planning Board, Zoning Board of Appeals and the Village Attorney, as attorney for the Board of Trustees.

[Amended 3-23-2009 by L.L. No. 1-2009; 9-26-2013 by L.L. No. 11-2013]

(6)

Recording fees.

(7)

Inspection costs.

All the fees enumerated in Subsection B of this article shall be consistent with the fees for the services then prevailing in the community.

§ 64-2 Required deposits.

In addition to any filing fees for applications to the Board of Trustees, Board of Zoning and Appeals, or Planning Board, the following deposits are hereby established and required to defray the actual cost or expenses listed in § 64-1B that have been necessarily and actually incurred by the Village:

All applications to the Board of Trustees for a change of zone shall have a fee set by the Board of Trustees not to exceed $5,000.

[Amended 9-26-2013 by L.L. No. 11-2013]

All applications to the Board of Zoning Appeals shall have a fee, as follows:

[Amended 9-26-2013 by L.L. No. 11-2013]

(1)

For residential, single family homes; $2,500;

(2)

For residential, two-or-more-family homes; $3,500;

(3)

For commercial property applications; $4,500.

All applications to the Board of Trustees for a special use permit shall be $2,500. Applications to renew a special use permit shall be $750.

[Amended 9-26-2013 by L.L. No. 11-2013]

All applications for site plan review with property under five acres, the fee shall be $3,500. For an application involving property of five or more acres, the fee shall be $10,000.

[Amended 9-26-2013 by L.L. No. 11-2013]

For all applications for subdivision or partition with property under two acres, the fee shall be $3,500. For all applications for subdivision or partition with property of at least two acres but less than five acres, the fee shall be $5,000. For an application involving property of five or more acres, the fee shall be $2,000 per acre or part thereof.

[Amended 9-26-2013 by L.L. No. 11-2013; 7-11-2019 by L.L. No. 8-2019]

There shall be paid by an applicant a Village impact fee of a sum not lower than $10,000 upon the submission of an application with the Building Department for the construction of new homes that consist of two or more families.

[Added 8-22-2013 by L.L. No. 9-2013; amended 4-27-2017 by L.L. No. 15-2017]

(1)

The Board of Trustees shall have the discretion to decrease, from time to time, the Village impact fee as a case or application may require, upon a necessary showing of hardship or inability to pay. Such application for a decrease of the Village impact fee shall be made to the Superintendent of Buildings, who shall then make a recommendation to the Board of Trustees. The final decision to decrease the fee shall rest exclusively with the Board of Trustees.

§ 64-3 Limits on legal fees.

[Amended 9-26-2013 by L.L. No. 11-2013]

Legal fees under this article shall not exceed $10,000 (formerly $3,500), unless in connection with a subdivision, partition, or a site plan review involving property of five or more acres or any application for a change of zone or for a special use permit, in which event, legal fees shall not exceed $30,000 (formerly $10,000).

§ 64-4 Additional deposits; return of excess deposits.

Notwithstanding any other section of the Village Code, in the event that the amount of the deposit required in § 64-2 of this article for services other than legal fees is exhausted, then the applicant shall, at such time as may be fixed by the appropriate Board, pay to the village an additional deposit in the same amount as the original deposit. This shall be done as often as required until the conclusion of the application. In the event that the amount of the deposit, including that for legal fees, shall exceed said cost of the conclusion of the particular application, the unused portion of the deposit shall be returned to the applicant, provided that the applicant shall, within six months thereof, file with the Village Clerk a written demand for such refund. All unclaimed deposits shall become the property of the village six months after the filing of the final determination by the village.

§ 64-5 Compliance required prior to any action.

[Amended 8-22-2013 by L.L. No. 10-2013]

There shall be a moratorium on the issuance of any Village permit or license, including but not limited to a building permit or certificate of occupancy, to any individual or corporation or combination of the two, including but not limited to any limited liability company and/or corporation, whose owner, shareholder, affiliate or assign shall have existing arrears related to any part of Village government, due and owing the Village of Manorhaven.

An appeal may be made to the Board of Trustees by a written submission as to why the moratorium as stated in Subsection A is not applicable or that, upon a necessary showing of hardship, such a moratorium would be inequitable or unjust, under the circumstances. Such review shall be limited to a case-by-case basis. Such appeal shall be made to the Village Clerk, who shall then, after a review of the application, make a recommendation to the Board of Trustees. The final decision to lift or affirm any moratorium as outlined above, shall rest exclusively with the Board of Trustees.

§ 64-6 Land use planner fees and deposits.

With respect to subdivision applications or partition applications or change of use applications involving property of one or more acres, the application shall deposit with the Village Clerk the sum of $2,000 per lot or the sum of $15,000, whichever is less, as a deposit to pay the cost and expenses of a land use planner in connection with the subdivision application or partitioning application. The amount paid shall be replenished as necessary consistent with § 64-4. This fee is in addition to all other fees and deposits anywhere set forth in this Code.

[Amended 9-26-2013 by L.L. No. 11-2013]

Said planner shall charge his/her customarily hourly rates against this deposit, a copy which shall be on file with the Village Clerk.

In the event that, for any reason, a planner's services are not required or if they are no longer required, the Board of Trustees, upon recommendation of the Planning Board, may authorize the release of the deposit and the repayment to the applicant or its designee in full or in part, as the case may be.

§ 64-7 Fee for returned checks.

A charge of $20 will be added to any amount owing to the village where a tendered payment of such an amount was by check or other written order which was returned for insufficient funds.