[HISTORY: Adopted by the Board of Trustees
of the Village of Piermont 9-20-1988 by L.L. No. 3-1988. Amendments
noted where applicable.]
[Amended 8-18-2009 by L.L. No. 6-2009]
The purpose of this chapter is to provide for
a consolidated schedule of fees to be charged in the administration
of Village laws, regulations and resolutions, and to provide for a
schedule of benefit based charges or user fees requiring the person
or entity receiving or benefiting from the use of Village property
or services to hold an event to pay for municipal resources necessitated
by said event.
This chapter shall be known as the "Standard
Schedule of Fees of the Village of Piermont."
The fees set forth herein shall apply to the
provisions of all of the local laws, regulations and resolutions of
the Village of Piermont adopted prior to the date of this local law
and shall supersede any specific fee contained or referred to therein.
[Amended 10-5-1993 by L.L. No. 4-1993; 4-19-1994 by L.L. No. 2-1994; 6-3-1997 by L.L. No. 3-1997]
A.
Applications to the Village Board:
[Amended 12-1-2015 by L.L. No. 2-2016]
(1)
Petition to amend Zoning Code: $250 plus costs and expenses, including advertising and transcription costs, incurred in hearing and deciding the petition, plus the fees required in Subsection E below.
(2)
Application for special permit and site plan review: $250 plus costs and expenses, including advertising and transcription costs, incurred in hearing and deciding the application, plus the fees required in Subsection E below.
(3)
The minimum escrow amount required for any application to the Village
Board shall be $750.
B.
Applications to the Zoning Board of Appeals:
[Amended 12-1-2015 by L.L. No. 2-2016]
(1)
Interpretation of Zoning Code: $250 plus costs and expenses, including advertising and transcription costs, incurred in hearing and deciding the application, plus the fees required in Subsection E below.
(2)
Variances: $250 plus costs and expenses, including advertising and transcription costs, incurred in hearing and deciding the application, plus the fees required in Subsection E below.
(3)
The minimum escrow amount required for any application to the Zoning
Board of Appeals shall be $1,500.
C.
Applications to the Planning Board:
(1)
Subdivision plat application: $250, plus $250 per lot proposed charged for each of the four stages of subdivision approval set forth in Village Code § 174-4 (sketch, pre-preliminary, preliminary, and final), plus costs and expenses, including advertising and transcription costs incurred in hearing and deciding the application, plus the fees required in Subsection E below.
[Amended 4-20-2016 by L.L. No. 4-2016]
(2)
Site plan application: $250, plus $25 for each proposed residential unit or each 1,000 square feet of nonresidential floor area, plus costs and expenses, including advertising and transcription costs, incurred in hearing and deciding the application, plus the fees required in Subsection E below.
(3)
Inspection fee for subdivision or site plan improvements:
1/2 of 1% of the amount of a performance bond or the cost of public
improvement, whichever is greater, but not less than $100. For the
purpose of this chapter, "public improvement" shall include but not
be limited to curbs, sidewalks, roadways, sewer- and storm-drainage
systems, utilities, parks, squares and common recreation areas, whether
or not title remains with the applicant or is conveyed to the municipality.
(4)
Maintenance bond for subdivision or site plan improvements,
or completion of the improvements or release of the performance bond:
5% of the performance bond or value of the public improvements, whichever
is greater.
(5)
The minimum escrow amount required for any application to the Planning
Board shall be $1,500.
[Added 12-1-2015 by L.L.
No. 2-2016]
(6)
Fee for continuation of agenda items: $200 for each continued agenda
item after the second appearance before the Planning Board after the
effective date of this subsection, and $150 for each publication,
provided that the Planning Board may waive such continuation fee if
it finds, in its discretion, that the delay was not occasioned by
the applicant.
[Added 9-25-2018 by L.L.
No. 5-2018]
D.
Applications to the Building Inspector. The Building
Department shall post a schedule of all fees pertaining to applications
to the Building Inspector and shall attach such fee schedule to any
application form maintained by the Building Department. Said fee schedule
may be amended by resolution of the Board of Trustees.
[Amended 3-14-2000 by L.L. No. 9-2000; 5-2-2000 by L.L. No. 11-2000; 5-1-2001 by L.L. No. 3-2001]
E.
Reimbursement for Village technical consultant services.
[Amended 7-12-2022 by L.L. No. 4-2022]
(1)
The
Village Board, Zoning Board of Appeals and Planning Board, in the
review of any application or petition described above, may refer such
application or petition presented to it to such engineering, planning,
technical, legal or environmental consultant as such Board shall deem
reasonably necessary to enable it to review such application as required
by law. The charges made by such consultants shall be in accord with
charges usually made for such services in the metropolitan New York
region or pursuant to an existing contractual agreement between the
Village and such consultant. All such charges shall be paid upon submission
of a Village voucher. The applicant shall reimburse the Village for
the cost of such consultant services upon submission of a copy of
the voucher therefor, receiving full credit for all moneys paid pursuant
to any per-lot unit or space charge required herein. In the event
that an application is required to be reviewed by the Village Board
and any other Board then, in such event and to the extent applicable,
both Boards shall use the same consultants, who shall in such case
prepare one report providing the date, information and recommendations
requested by both Boards. In all instances, duplications of consultants'
reports shall be avoided wherever possible in order to minimize the
cost of such consultants' reports to the applicant.
[Amended 12-1-2015 by L.L. No. 2-2016]
(2)
The payment of such costs shall be deducted from an escrow account
to be established at the time any such application is made, in an
amount determined by the Village Board in accordance with the Village's
fee schedule or as determined by resolution of the Village Board of
Trustees. Such escrow account must be maintained in an amount sufficient
to pay such fees or costs at the time they are incurred and must be
replenished as directed by the Village Treasurer, but in no event
shall the escrow account be maintained in an amount less than minimum
amounts required for applications as set forth in this chapter.
(3)
No permits, variances, licenses, subdivision, site plan or other
approvals or authorizations shall be issued, no applications therefor
shall be considered, and no informal conference, preliminary review
or other procedure in relation thereto shall be conducted by the Village
Board, Planning Board, Zoning Board of Appeals, Architectural Review
Board, Environmental Conservation Board, Building Inspector or any
other board, commission or agency of the Village, with respect to
any premises within the Village after the effective date of this subsection,
unless and until all outstanding Code violations on said premises
are resolved and all amounts due the Village in real estate taxes,
special assessments and any other payments chargeable to the owner
or possessor of said premises, together with all penalties and interest
thereon, shall have been paid in full.
[Amended 9-25-2018 by L.L. No. 5-2018]
(4)
Escrow
required for access to the Erie Path Park right-of-way. Any resident,
or an agent and/or contractor acting on their behalf, shall be required
to post a minimum $2,500 escrow when permission is granted by the
Building Inspector to access the Erie Path Park right-of-way. The
Building Inspector, in his discretion, may require a lesser or greater
amount of escrow based on the nature of work to be performed (and
the potential for damage to the Path or its appearances resulting
from such work). The payment of any costs resulting from damage to
the Path or its appurtenances shall be deducted from the posted escrow,
and charges against the escrow shall not be limited thereto.
F.
Parking permit fees.
[Amended 6-19-2007 by L.L. No. 7-2007; 12-1-2015 by L.L. No. 2-2016]
H.
Pavilion
rental: $700, except the Pavilion rental fee for village residents
and for a duly constituted not-for-profit corporations shall be $300.
[Added 8-18-2009 by L.L. No. 6-2009; amended 2-18-2020 by L.L. No. 3-2020]
(1)
All
persons or entities renting the Pavilion shall post a refundable security
deposit in the amount of $500.
I.
Permit
fees for special events.
[Added 8-18-2009 by L.L. No. 6-2009; amended 12-1-2015 by L.L. No. 2-2016; 6-20-2017 by L.L. No. 4-2017]
(1)
Major events:
(a)
$500 per hour, with a minimum of three hours being charged for
each major special event, provided that the application is made no
later than 60 days prior to the major special event.
(b)
$750 per hour, with a minimum of three hours being charged for
each major special event, provided that the application is made less
than 60 days prior to the major special event.
(2)
Low-impact events:
(a)
$250 per hour, with a minimum of three hours being charged for
each low-impact special event.
(b)
The total fee can be set at less than $250 per hour based upon
determination of the Chief of Police and DPW Superintendent calculating
historic costs associated with similar low-impact special events.
(3)
When considering an application for a special event, the Village
Board may, by resolution, cap the fees charged for any special event
at the actual cost incurred by the Village, or upon the estimated
cost based on historic cost assessment.
All petitions for refunds shall be made to the
Village Board. Refunds of fees will be allowed in proportion to the
status of the applications and any funds expended in the processing
of such applications. In no case shall more than 50% of the fee be
refundable. Where applications are submitted which do not contain
the required materials for review, an administrative fee of 10% of
the application fee will be assessed with the returned application.
No fee is refundable after scheduling of a required public hearing.
Where the fee provides for the reimbursement to the Village of the
cost of consultant services, such reimbursements shall be made prior
to final action on the application.
The Village Board shall periodically review
the fee schedule set forth in this chapter and shall by resolution,
after a public hearing for which notice shall be given 10 days prior
thereto, amend the fees set forth herein.
[Added 8-18-2009 by L.L. No. 6-2009]
In the event that any provision of this Local Law shall be declared
unconstitutional or otherwise invalid by a Court of competent jurisdiction,
the remaining provisions of this law shall continue in full force
and effect.
