Town of Eden, NY Chapter 108 Fees

[HISTORY: Adopted by the Town Board of the Town of Eden 7-14-1993 by L.L. No. 2-1993, as last amended 7-8-1998 by L.L. No. 4-1998. Subsequent amendments noted where applicable.]

§ 108-1 Title.

This chapter shall be known as the "Standard Schedule of Fees Law" of the Town of Eden, New York.

§ 108-2 Purpose.

This chapter is to establish reasonable standards of procedure to protect the health, safety and welfare of the Town of Eden.

§ 108-3 Standard Schedule of Fees.

[Amended 7-25-2001 by L.L. No. 6-2001; 11-14-2001 by L.L. No. 8-2001; 12-11-2002 by L.L. No. 10-2002; 6-23-2004 by L.L. No. 4-2004; 9-12-2007 by L.L. No. 2-2007; 8-27-2008 by L.L. No. 2-2008; 12-29-2010 by L.L. No. 1-2011; 2-13-2013 by L.L. No. 1-2013; 1-8-2014 by L.L. No. 1-2014; 2-13-2019 by L.L. No. 1-2019; 12-28-2022 by L.L. No. 2-2023]

The Standard Schedule of Fees shall be as follows:

Any work started for which a permit is required but has not been issued

$150 for a fence permit $500 for all other permits

A. Residential permits.

Type	Fee
Detached 1- and 2-family dwellings	$100 plus $0.25 per square foot of construction, including attached garages, porches and decks
All other residential dwellings (apartments)	$100 plus $0.20 per square foot of construction, including attached garages, porches and decks
Dwelling addition permit	$100 minimum/$0.25 per square foot of construction
Accessory buildings such as garages, barns and sheds	$0.25 per square foot of construction
Accessory structures such as decks, porches, small-scale solar (25 KW or less), etc.	$75
Alterations and repairs	$75 minimum/$0.25 per square foot
Demolition	$0.10 per square foot
Fence	$50
Fireplace/Stove permit	$50 (included with new dwelling building permit); certificate of compliance required
Swimming pool permit	$50 aboveground; $150 in-ground (includes fence permit)
Pond permit	$250 (includes site plan review)
Certificate of occupancy	$100 (no charge with a current building permit)
Temporary certificate of occupancy	$100
Certificate of compliance	$100 (no charge with a current building permit)
Mobile home parks	$10 per mobile home lot for initial license and annual renewal thereafter; $100 per each new mobile home or replacement
Recreation fees
Major subdivisions	$750 per new dwelling unit, payable upon final subdivision approval per the Subdivision Law
Minor subdivisions	$750 per new dwelling unit, payable upon building permit approval
Duplexes	$750 per new dwelling unit, payable upon approval of application
Multiple dwellings (conventional and townhouse)	$750 per new dwelling unit, payable upon approval of application
Cluster development	$750 per new dwelling unit, payable upon project approval
Mobile home park	$750 per new mobile home dwelling unit, payable upon project approval

B. Business/Commercial permits.

Type	Fee
Business/Commercial	$100 plus $0.35 per square foot of construction
Additions	$100 minimum/$0.35 per square foot of construction
Alterations/Repairs	$100 minimum/$0.35 per square foot
Accessory structures	$0.30 per square foot of construction
Demolition	$0.20 per square foot construction
Agricultural structures	$100 minimum/$0.10 per square foot
Certificate of occupancy	$100 (no charge with current building permit)
Sign permits	$75
Operating permits	$50
Special use permit or zoning amendment hearing	$250; includes advertisement of legal notice by Town Board
Temporary trailer permit	$25
Town Board special use permit renewal	$100 annually
Tower special permit, utility-scale solar, wind energy conversion systems or wind farms	$5,000; additional funding will be required to be put into an escrow account.
Tower co-location permit	$1,000; includes antenna, equipment box, fencing plus
Zoning Board of Appeals	$250; includes advertising legal notice
Planning Board	$250; includes advertising legal notice
Posters for notice	$5 each
Assessor's search fee for special use permit hearings or Zoning Board hearings	$35 for MU-1, MU-2, R2, LI and MFR Districts; $15 for all other zoned areas
Copies of maps	$0.50 small maps; $1 large maps
Police Department fees
Accident reports	$5 per report
Police reports	$5 per report
Photograph copies	$1 per photo
Transcripts	$20 plus $1 per page
Highway Department fees
Highway right-of-way permit	$75 plus costs for labor/inspections
Highway drainage enclosure permit	$30

C. Subdivision fees.

(1) Application and review fees.

Type	Fee
Property splits merge application	$100
Minor subdivision reviewed by the Subdivision Review Committee only	$250
Resubmission fee	$125
Minor subdivision reviewed by Planning Board	$500 total (includes public hearing fee). Additional funding will be required to be put into an escrow account.
Resubmission fee	$250
Major subdivision without public improvements	$1,500. Additional funding will be required to be put into an escrow account.
Resubmission of any plat	$500
Major subdivision with public improvements	$2,000. Additional funding will be required to be put into an escrow account.
Resubmission of any plat	$750

(2) Inspection fee for public improvements. These fees shall be withdrawn from the escrow account established for the subdivision.

(a) An additional fee of $100 shall be paid to the Town for administrative services out of the escrow account.

(b) If the escrow amount is exceeded due to the project not proceeding expeditiously, being understaffed, utilization of inexperienced contractors, or conditions beyond the control of the Town or its agent, then the developer must pay the outstanding inspection fee before the improvements may be accepted.

(c) The developer should note that additional inspection deposits may be required by outside agencies such as the Erie County Sewer District. The affected agency should be consulted to determine its costs.

D. Site plan review fees.

(1) Site plan review fees apply to all uses requiring site plan review.

(2) This review fee includes two submittals and shall be paid at the time of initial submittal. If the plans cannot be approved in the second submittal because they are incomplete or Town specifications are not being followed, 1/2 the review fee will be charged for each subsequent submittal.

Type	Fee
Site plan waiver fees	$200
Site plan review fee	$125 per improved acre or less; plus additional funding will be required to be put into an escrow account

E. SEQR fees.

(1) SEQR reviews fees: reimbursement to the Town for any SEQR costs incurred. This reimbursement will be funded from the established escrow account.

F. Stormwater pollution prevention plans and site inspection fees.

(1) SWPPP review and inspection fees: reimbursement to the Town for any SWPPP costs incurred. This reimbursement will be funded from the established crow account.

G. Dog licensing and dog control fees. The Town Board shall, by resolution, from time to time, establish the schedule of fees it shall deem necessary and appropriate for the proper administration of its dog licensing and dog control program and hereby authorizes the Town Clerk to collect and remit such fees consistent with the requirements of Article 7 of the Agriculture and Markets Law of the State of New York.

H. Fire prevention and safety inspections.

Type of Building	Fee
Public assembly buildings	$75
Buildings used as dormitories	$75
Multiple dwellings/nonresidential structures	$75

I. Short-term rental permit: $250 (Includes fire inspection).

J. Escrow account requirements.

(1) Reimbursable costs/escrow. For projects that contain significant technical detail that may require the use of outside consultants to review and assist the Town of Eden (Town Board, Planning Board, Zoning Board and/or Code Enforcement Officer) as part of the site plan review process, the applicant shall be notified and required to establish an escrow account to reimburse the Town for the legitimate costs of review or inspections associated with the application. The funds may be utilized for the paying of engineering, legal and other professionals qualified to review the required plans, reports and other technical information submitted in support of an application. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis, but in no case shall be less than $3,000 or a larger amount estimated by the Planning Board or ZBA to be reasonable and necessary to cover the cost of the review to be incurred by the Town. All necessary reviewing professionals assisting the Town in such reviews shall provide an estimate of the approximate cost of review services. The board(s) may periodically and at its discretion require the replenishment of the escrow account established hereunder, with justification and notice provided to the applicant. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within 30 days of the submission and payment of the final bill by the Town and payment in full of all application and approval fees. In the event there is a shortfall in the escrow account, no final approval or permit may be issued until the balance of the outstanding amount is fulfilled by the applicant.