Village of Sleepy Hollow, NY Chapter 200 Fees

[HISTORY: Adopted by the Board of Trustees of the Village of Sleepy Hollow 8-16-1994 by L.L. No. 11-1994 (Ch. 19B of the 1965 Code). Amendments noted where applicable.]

§ 200-1 Establishment by resolution.

[Amended 4-7-2003 by L.L. No. 3-2003; 6-15-2004 by L.L. No. 4-2004]

Notwithstanding the language relating to fees and charges appearing in any local law or resolution, such fees and charges henceforth shall be fixed by resolution of the Board of Trustees of the Village of Sleepy Hollow.

§ 200-2 Building permit fees.

Building permit fees shall be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of this chapter and shall be due upon the filing of an application for a building permit with the Building Inspector, plus a fee based on the total cost of the proposed construction to be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of this chapter.

§ 200-3 Review fees.

[Amended 4-7-2003 by L.L. No. 4-2003]

A. Site plan review. No site plan shall be considered for review by the Planning Board until the applicant for such site plan review submits, along with the site plan, the required fees for such review, to be established and determined by the Board of Trustees from time to time and as set forth in this chapter.

B. Subdivision review. No subdivision shall be considered for review by the Planning Board until the applicant for such subdivision review submits, along with the subdivision application, the required fees for such review, to be established and determined by the Board of Trustees from time to time and as set forth in this chapter.

C. Special permit review. No special permit shall be considered for review by the appropriate Village Board until the applicant for such special permit review submits, along with the special permit application, the required fees for such review, to be established and determined by the Board of Trustees from time to time and as set forth in the fee schedule included at the end of this chapter.

§ 200-4 Professional and consulting fees.

[Amended 6-15-2004 by L.L. No. 4-2004]

A. The Village Board of Trustees, Planning Board, Zoning Board of Appeals, Fire Prevention Board, Architectural Review Board, Waterfront Advisory Committee and the Building Department, in the review of any application, request, plan or project, may refer any of the aforementioned applications, requests, plans or projects presented to them to such engineering, planning, technical, environmental, architectural or legal consultant as such board or department shall deem reasonably necessary to enable it to review such application, request, plan or project as required by law.

(1) 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.

(2) 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. Such costs will be payable within 30 days of that submission. Commencing on the 31st day, interest will be charged at the rate of 1% per month that the voucher remains unpaid. No permits may be issued to the applicant until such charges are paid in full.

(3) In the event that an application is required to be reviewed by both the Village Board and the Planning Board, then, in such event and to the extent applicable, both the Village Board and the Planning Board shall use the same consultants, who shall in such case prepare one report providing the date, information and recommendations requested. 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.

B. Notwithstanding the above, with regard to legal consulting fees, this section shall not apply to applications, requests, plans or projects pertaining to one- and two-family dwellings.

C. All Planning Board escrow agreements shall be amended to eliminate a $10,000 maximum initial amount and include a reference to § 200-6 as controlling for all initial escrow payments.

§ 200-5 Recreation fund fees.

A. Approval of all development subject to site plan review or subdivision approval for all subdivisions which would result in the creation of three or more lots shall be conditioned upon payment by the applicant of a recreation fee to a Village Recreation Fund which may be established by the Board of Trustees. The purpose of the Village Recreation Fund shall be for the acquisition and improvement, but not maintenance, of recreation space and facilities, including but not limited to parks and other passive recreation facilities, throughout the Village of Sleepy Hollow.

B. Amount.

(1) In all residential development, the recreation fee shall be based upon the number of dwelling units or potential dwelling units which could be placed upon the site in accordance with maximum density provisions, as determined by the Planning Board, of the particular district or districts within which the site is located.

(2) In all nonresidential development, the recreation fee shall be based upon the number of parking spaces required.

(3) The monetary amount per dwelling unit for residential development and per parking space for nonresidential development shall be as determined and maintained in the Village fee schedule as may be defined and established from time to time by the Board of Trustees.

C. An applicant shall have the option of offering the dedication of land for public recreation purposes in lieu of payment of the recreation fee. Acceptance of any land offering by an applicant shall be at the discretion of the Board of Trustees. In coming to a determination regarding the acceptance of land proposed by an applicant for public recreation, the Board of Trustees shall first request a recommendation from the Planning Board, but shall not be bound by the Planning Board recommendation in its ultimate decision.

§ 200-6 Escrow account for professional consultation fees.

A. In addition to the collection of fees specified in § 200-3 above, the permitting authority shall adjust the application review fees sufficiently to reimburse the Village for the cost of professional consultation charges which exceed the fees stipulated in § 200-3. For this purpose, the permitting authority shall establish an escrow account funded by the applicant for deposit in a Village of Sleepy Hollow escrow account, maintained by the Village Treasurer for custody of funds collected. This amount of money shall be calculated in accordance with the following schedule:

[Amended 6-1-2000]

(1) For all subdivisions and for residential site plan applications:

	Number of Lots or Dwelling Units	Amount of Initial Deposit
	1 to 4	$2,500
	5 to 10	$7,500
	11 to 20	$15,000
	21 to 30	$25,000
	31 to 40	$35,000
	41 to 50	$40,000
	Over 50	$50,000, plus $50 per unit

(2) For nonresidential site plan applications:

[Amended 6-15-2004 by L.L. No. 4-2004]

	Gross Floor Area (GFA) (square feet)	Amount of Initial Deposit
	Up to 1,250	$2,500
	1,251 to 20,000	$2 per square foot
	20,001 to 50,000	$20,000 plus $1 per square foot
	Over 50,000	$45,000 plus $0.50 per square foot

(3) For Zoning Board, Fire Prevention Board and Building Department (in the event that the Building Inspector determines that an escrow account is necessary) applications and requests: $500.

(4) Residential swimming pools: a minimum escrow fee of $500.

[Added 6-15-2004 by L.L. No. 4-2004]

(5) Site plan amendments: a minimum escrow fee of $500.

[Added 6-15-2004 by L.L. No. 4-2004]

B. The applicant shall be required by the permitting authority from time to time to deliver additional funds to the Village for deposit in the escrow account if such additional funds are required to pay for professional consultation services rendered to the Village or anticipated to be rendered. If such additional funds are not provided to the Village as required by this chapter, any action on the part of the Village may be suspended until said funds are provided.

C. In the event that any application before any board or department is withdrawn prior to any action being taken, the applicant is nevertheless responsible for any expenses incurred by the Village with regard to said application prior to such withdrawal.

D. No application for review before any of the above-mentioned boards shall be accepted unless signed and executed by the current owner of the premises subject to said review.

E. The permitting authority shall not make any final determination on an application until all review fees imposed upon the applicant have been paid in full to the Village. However, if at the termination of any application the applicant is indebted to the Village for any fees, the amount of money still owed shall be added to the real property Village tax of the premises and shall become a lien against the property.

F. The Village Treasurer shall provide the applicant with a monthly statement indicating any expenses incurred with regard to said application.

G. Escrow funds may be refunded to the applicant only when the applicant formally withdraws the application from consideration by the permitting authority or when the applicant receives a final determination from the permitting authority; in either case, all reimbursable charges incurred by the Village shall be first deducted from the escrow account, leaving an unencumbered balance that is not required by the permitting authority to pay consulting costs attributable to the application. Fees collected in accordance with this section shall not be refunded.

H. The imposition of escrow account fees are in addition to, and not in place of, other fee schedules currently in force.

I. A nonrefundable administrative fee shall be chargeable to every applicant who is required to deposit escrow funds as set forth in this section. The nonrefundable administrative fee shall be 2% of the total amount of escrow funds deposited. The administrative fee of 2% will be deducted immediately upon the deposit of the escrow funds and used to reimburse the Village for the management of the escrow accounts.

[Added 4-7-2003 by L.L. No. 5-2003]

§ 200-7 Environmental quality review; escrow account.

If the permitting authority is the lead agency in the environmental review of an application in accordance with the State Environmental Quality Review (SEQR) Act, the permitting authority shall impose the fees authorized by Part 617 of Title 6 of the New York Codes, Rules and Regulations (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law) in connection with the environmental review of the application. The permitting authority shall utilize an escrow account in accordance with the procedures in § 200-6 above for this purpose.

§ 200-8 Authority of Board of Trustees to amend terms and conditions.

[Added 9-18-2001 by L.L. No. 12-2001]

Notwithstanding any other provision of this chapter, the Board of Trustees, at its discretion and for good cause shown, may, by resolution, vary the terms and conditions set forth herein, provided that the fees and charges due to the Village are not in any way reduced.