Village of Upper Brookville, NY Fees and Deposits

Zoning Pamphlet, including subscription: $75.

Village Code, including subscription: $100.

Subdivision Pamphlet, including subscription: $50.

The Board of Trustees may, by resolution, modify the charges for the above publications.

§ 112-3 Building Department.

[Amended 3-29-1983 by L.L. No. 1-1983; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No. 1-2000; 11-13-2001 by L.L. No. 1-2002; 10-21-2003 by L.L. No. 3-2003; 10-19-2004 by L.L. No. 3-2004; 3-15-2005 by L.L. No. 5-2005; 12-19-2006 by L.L. No. 4-2006]

Applicants for the issuance of a building permit or certificate of occupancy shall pay to the Village a fee determined by the following schedule:

Building permit.

[Amended 10-16-2007; 4-20-2010 by L.L. No. 1-2010]

Required fees. Upon the filing of an application for a building permit, the following fees shall be payable:

For a new main building, including a proximate building: a sum equal to the volume of the building x $16 per cubic foot (minimum cost standard) x 1%.

For an addition to a main building or habitable accessory building: a sum equal to the volume of the building x $14 per cubic foot (minimum cost standard) x 1%.

[3]

For an unhabitable accessory building: a sum equal to the volume of the building x $8 per cubic foot (minimum cost standard) x 1%.

[4]

For alterations: a sum equal to the volume of the building affected by the alteration as determined by the Building Inspector x $8 per cubic foot (minimum cost standard) x 1%.

[5]

For driveways, patios, walkways, additions or alterations: $30 per square foot x 1%.

Note: The formula for the calculation of volume can be found in the definition of "building volume" in § 205-7 of Chapter 205, entitled "Zoning."

Land modification fee. Any project involving the construction of a building or addition thereto, except a second-story addition, swimming pool and tennis or sports court, shall also require the payment of a land modification permit fee that shall be calculated as follows: square footage of footprint of new building x $3.

Minimum fees. Notwithstanding the above fees, the following minimum fees shall be applicable to all building permits for the noted construction:

Construction of a single-family dwelling and other main buildings, regardless of value: $5,000.

Alterations to an existing single-family dwelling and other main buildings: $1,000.

[3]

Alteration to an accessory structure not used for human habitation having ground coverage of 200 square feet or more: $500.

[4]

Swimming pool: $2,500.

[5]

Tennis or sports court (60 feet by 120 feet maximum): $2,000.

[6]

Sports court (small) (30 feet by 60 feet maximum): $1,000.

[7]

Oil or propane tank installation, excluding original installation: $275.

[8]

Spa, hot tub or recreational court: $550.

[9]

Demolition of principal dwelling: $4,000.

[10]

Demolition of accessory structure (over 4,800 cubic feet): $1,000.

[11]

Miscellaneous items (generator, dry well, etc.): $275.

In the event that construction is commenced prior to the issuance of a building permit, the fee for any building permit issued thereafter shall be double the fee that would have been paid had the permit been properly applied for prior to commencement of the construction in order to cover the extra expenses incurred by the Village to ensure that the unauthorized construction conforms to applicable rules, regulations and laws.

Certificate of occupancy. The fee shall be payable at the time of the issuance of the building permit or use permit:

[Amended 5-20-2014 by L.L. No. 2-2014]

For new construction of main building and other buildings having a gross floor area over 1,000 square feet: $250.

For other buildings and structures having a gross floor area of less than 1,000 square feet: $100.

When a certificate of occupancy is issued more than 180 days after the expiration of the building permit or renewal thereof, a fee which shall be double the fee stated in Subsection A(2)(a) or (b) immediately above shall be paid.

When a certificate of occupancy is issued for a building or structure for which a building permit was issued on or before December 31, 1999, a search and inspection fee of $200 shall be added to any amount required by Subsection A(2)(c) immediately above.

Temporary certificate of occupancy.

For buildings costing less than $25,000: $55.

For buildings costing more than $25,000: $110.

Certified copies of certificates of occupancy: $30 each.

(5)

Permit to erect sign: $110.

(6)

Permit to erect perimeter fence: $300.

The Board of Trustees may, by resolution, establish minimum cost standards for the computation of value in establishing permit fees based upon current building cost standards.

Deposits and security.

No building permit shall be issued unless the applicant deposits a sum of money, as determined by the Building Inspector, not to exceed $3,000, which amount shall be held by the Village to pay for all engineering and arborist costs for the review of drainage and erosion control plans, site inspections and legal costs incurred by the Village relating thereto. An additional deposit may be required by the Village to cover extraordinary expenses.

In cases where the Building Inspector allows the issuance of a temporary certificate of occupancy, he may require the deposit of a sum of money up to 120% of the amount necessary to complete the unfinished work covered by the building permit. Failure of the permittee to perform required work after 10 days' notice from the Building Inspector shall permit the Village to use the deposit to perform required work.

Security required under Chapter 205, Zoning, § 205-50D(1)(d): up to 20% of the estimated cost of work using the minimum estimated cost standard.

All unused portions of deposits shall be returned to the permittee after the required work is completed.

Architectural review fees and deposits.

[Amended 4-20-2010 by L.L. No. 1-2010]

Applicants seeking preliminary approval of site and building plans shall be required to pay the following fees and deposits:

New structure over 5,000 cubic feet: $750.

New structure under 5,000 cubic feet: $275.

Addition to structure under 5,000 cubic feet: $275.

Third review of site or building plan by Architectural and Site Plan Commissioner: $250.

Any other structures: $110.

Review of site plan with no building: $110.

(g)

Where steep slopes or wetlands are involved, the applicant shall deposit $1,500 to cover Village engineering expenses relating to site inspection and review of plans. Any unused portion of such deposit shall be returned to the applicant.

§ 112-4 Board of Appeals.

[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No. 1-2000; 10-19-2004 by L.L. No. 3-2004; 4-20-2010 by L.L. No. 1-2010]

Filing fees.

Each appellant or applicant to the Village's Board of Appeals shall pay to the Village a fee in accordance with the following schedule:

Appeals and all other matters: $1,000.

Application for conditional use permit and amendments thereto: $10,000.

[Amended 12-17-2018]

The filing fee must be paid before a hearing will be scheduled, unless the fee is modified or waived by the Board of Trustees.

Deposits.

In addition to any required filing fee, the following initial deposits shall be paid to the Village Clerk/Treasurer for payment of the actual and necessary charges enumerated in Subsection C below which have been incurred by the Village relating to the appeal or application:

Appeals: $2,000.

Applications: $7,500.

[Amended 12-17-2018]

Additional charges and deposits.

On every appeal or application, to the extent that the initial deposit is not sufficient to cover the Village's cost of the items listed in this subsection, there shall be paid to the Village additional deposits, as estimated by the Clerk/Treasurer to cover such costs, up to the maximum amount of combined deposits indicated below:

Advertising: $3,000.

[Amended 8-16-2012 by L.L. No. 3-2012; 10-16-2017]

Stenographic minutes of hearings and meetings: $7,500.

[Amended 8-16-2012 by L.L. No. 3-2012; 10-16-2017]

Engineering and inspection:

Appeals: $2,000.

Applications: $15,000.

[Amended 10-16-2017]

Consultants and environmental review:

Appeals: $2,000.

Applications: $20,000.

[Amended 10-16-2017]

Recording fees: $500.

Legal fees:

Appeals: $5,000.

Applications: $50,000.

[Amended 10-16-2017]

All required fees and deposits shall be paid to the Village before the Board of Appeals shall hold a hearing or render or file its decision.

Return of unused deposit. Within 60 days of the withdrawal of an appeal or application or the filing of the Board of Appeals decision, the Village Clerk/Treasurer shall refund to the appellant or applicant the unused portion of any deposit.

§ 112-5 Board of Trustees.

[Added 10-19-2004 by L.L. No. 3-2004 [1]; amended 12-19-2006 by L.L. No. 4-2006; 4-20-2010 by L.L. No. 1-2010]

Filing fees.

Each applicant to the Village's Board of Trustees shall pay to the Village a fee in accordance with the following schedule:

Application for required permit and amendments thereto: $2,500, except for applications covered by § 112-7.

The filing fee must be paid before a hearing will be scheduled, unless the fee is modified or waived by the Board of Trustees.

Deposits.

In addition to any required filing fee, the following initial deposit shall be paid to the Village Clerk Treasurer for payment of the actual and necessary charges enumerated in Subsection C below which have been incurred by the Village relating to the application:

Initial deposit: $5,000, except for applications covered by § 112-7.

Additional charges and deposits.

[Amended 8-16-2012 by L.L. No. 3-2012]

Advertising: $750.

Stenographic minutes of hearings and meetings: $2,500.

Engineering and inspection: $5,000.

Consultants and environmental review: $10,000.

Recording fees: $500.

Legal fees: $10,000.

All required fees and deposits shall be paid to the Village before the Board of Trustees shall hold a hearing or render or file its decision.

Return of unused deposit. Within 60 days of the withdrawal of an application or the filing of the Board of Trustees decision, the Village Clerk/Treasurer shall refund to the applicant the unused portion of any deposit.

Editor's Note: This local law also renumbered former §§ 112-5 through 112-8 as §§ 112-6 through 112-9, respectively.

§ 112-6 Planning Board.

[Amended 11-28-1972 by L.L. No. 1-1972; 12-12-1974 by L.L. No. 1-1974; 3-21-1979 by L.L. No. 2-1979; 12-15-1980 by L.L. No. 1-1980; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No. 1-2000; 11-19-2002 by L.L. No. 1-2002; 10-19-2004 by L.L. No. 3-2004; 12-19-2006 by L.L. No. 4-2006; 4-20-2010 by L.L. No. 1-2010]

Each applicant to the Village's Planning Board for approval of a partitioning or a subdivision as defined in Chapter 180, Subdivision of Land, or a permit as defined in Chapter 119, Freshwater Wetlands, or a miscellaneous application shall pay to the Village filing fees, deposits, and charges as determined by the following schedule:

Partitionings.

Filing fees.

On application for consideration of preliminary layout: $500 per lot shown on map plus $1,000.

On application for final public hearing and final approval of map: $1,000 per lot shown on map plus $2,000.

Recreation site and improvement fund. In cases where the Planning Board waives a requirement that part of lands to be partitioned shall be dedicated for recreation or park purposes, the applicant shall, in lieu of such dedication, pay the Village, in cash, an amount equal to $5,000 for each proposed lot, excluding any lot containing an existing principal dwelling, before the map for the same shall be signed by the Chairman of the Planning Board.

Subdivisions.

Filing fees.

On application for consideration of preliminary map: $2,000 per lot.

On application for final public hearing and final approval of map: $1,000 per lot.

Recreation site and improvement fund. In cases where the Planning Board waives a requirement that part of subdivision lands be dedicated for recreation or park purposes, the applicant shall, in lieu of such dedication, pay the Village, in cash, an amount equal to $5,000 for each proposed lot in the subdivision, excluding any lot containing an existing principal dwelling and recharge basins, before the map for the same shall be signed by the Chairman of the Planning Board.

Freshwater wetlands or miscellaneous applications:

Filing fees: $2,500.

Land outside Village. Filing fees for partitioning and subdivision of land outside the Village for which Village Planning Board approval is required by law shall be an amount equal to 1/2 of the required fees enumerated in Subsections A(1) and B(1).

Deposits.

In addition to any required filing fee, the following initial deposits shall be paid to the Village Clerk/Treasurer for payment of the actual and necessary charges enumerated in Subsection F below which have been incurred by the Village relating to the application:

Partitioning: $3,000.

Subdivisions: $10,000.

Additional charges and deposits.

[Amended 8-16-2012 by L.L. No. 3-2012]

Advertising: $2,000.

[Amended 5-20-2014 by L.L. No. 2-2014; 7-15-2014]

Stenographic minutes of hearings and meetings: $5,000.

[Amended 7-15-2014]

Engineering and inspection, to the extent incurred by the Village: no maximum.

Consultants and environmental review, to the extent incurred by the Village: no maximum.

Recording fees: $1,000.

Legal fees: $200,000.

[Amended 5-20-2014 by L.L. No. 2-2014]

Payment of fees, deposits, and charges. Each applicant to the Village's Planning Board shall pay the required fees, deposits, and charges prior to the holding of any hearing or procedure on the application. To the extent that charges are subsequently determined pursuant to Subsection F to exceed the initial deposit paid, the applicant shall pay the same prior to the next stage (after such charges are determined) in connection with the application or approving the subject matter of the application, such as the next hearing, the rendering of a decision, the signing of the map, the filing of the map, the partial release of any bond, the final release of any bond or the final release of any deposit, all as the case may be.

Return of unused deposit. Within 60 days after the completion or withdrawal of an application or the release of the entire security for the subdivision improvements or other requirements of the Planning Board decision, the Village Clerk/Treasurer shall refund to the applicant the unused portion of any deposit.

Consideration of application. No hearing shall be held and no consideration shall be given by the Planning Board to any application for preliminary or final approval of a proposed partitioning or subdivision or any other application, nor shall an approved plat be signed, unless all required fees, deposits, and charges, to the extent that the latter are then determined, shall have been paid.

Discharge of security. No security filed for the completion of the public improvements on a proposed subdivision shall be discharged until all fees and charges, as herein required, shall have been paid.

§ 112-7 Licenses and permits for certain activities.

[Amended 12-12-1974 by L.L. No. 1-1974; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No. 2-1989; 9-19-2000 by L.L. No. 1-2000; 11-19-2002 by L.L. No. 1-2002; 10-19-2004 by L.L. No. 3-2004; 12-19-2006 by L.L. No. 4-2006]

Applicants for permits, licenses or deposits to conduct the following activities in the Village shall pay to the Village a fee determined by the following schedule:

Tow car permit: $300 per calendar year; $100 if permit expires within six months.

Village street opening permit.

Permit fees:

Water, gas, electrical, telephone, CATV connection per lot: $750.

[Amended 9-18-2012]

Installation of transmission or distribution main along length of road: $13 per linear foot for between one and 1,000 linear feet, plus $5 per linear foot for between 1,000 and 5,000 linear feet, plus $2 per linear foot for portions over 5,000 linear feet, or a minimum of $1,000, whichever is greater.

[Amended 10-16-2007]

Cash deposit: a minimum of $1,500 and a maximum of $50,000, determined by the Street Commissioner to ensure proper restoration of the street by the Village.

[Amended 10-16-2007]

No deposit shall be returned unless the work is completed to the satisfaction of the Village.

[Amended 10-16-2007]

Parade, auction or tag sale permit fee: $250.

Alarm user permit.

New alarm installation, significant modification to existing alarm system or change of ownership: $150, valid for a one-year period.

Initial permit fee for all existing alarm users who do not have an alarm user permit as of the effective date of Chapter 78, Article I: $150, valid for a one-year period.

Annual renewal fee: $75.

[1]Storage of impounded vehicle: $25 for each day or fraction thereof that said vehicle is stored by the Police Department.

Editor's Note: Former Subsection E, pertaining to solid waste carter licenses, was removed by the Village 2-20-2020, and the subsequent Subsections F through H were redesignated as Subsections E through G, respectively.

Tree removal permit fee:

[Amended 1-18-2018]

Up to five trees: $75.

Six to ten trees: $35 per tree.

Eleven to twenty trees: $50 per tree for every tree to be removed beyond five.

Twenty-one trees or more: $75 per tree for every tree to be removed beyond five.

Temporary commercial use of residential property; use permit fee.

[Added 2-19-2008; amended 4-20-2010 by L.L. No. 1-2010; 4-20-2010; 8-16-2012 by L.L. No. 3-2012; 10-17-2016]

Temporary commercial use of residential property when authorized by the Board of Trustees: $2,500 per day, maximum two events per calendar year.

Use permit fee for the parking or staging of filming-related vehicles within the Village boundaries, including the Planting Fields Arboretum, for films taking place in the Planting Fields Arboretum or other municipalties: $1,000 per day. The use permit fee would not apply to anyone holding a valid permit for the temporary commercial use of residential property under § 112-7H(1).

Solicitation/peddling permit fee: $50.

[Added 2-20-2020]

§ 112-8 Refunds; waivers; assessment of unpaid fees.

[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No. 2-1985; 3-28-1989 by L.L. No. 2-1989]

Refund of fees. No filing fees, deposits or charges required by §§ 112-3, 112-4, 112-5, 112-6 and 112-7 shall be returned or refunded, except as follows:

[Amended 10-19-2004 by L.L. No. 3-2004]

If the construction of a building is discontinued or abandoned, the Trustees may authorize a refund of up to 75% of the building permit fee and all of the certificate of occupancy fee to the extent that the Village's actual charges of review and inspection have not been incurred as certified to the Board of Trustees by the Building Inspector.

If an application to the Village's Planning Board or Board of Appeals is discontinued or abandoned, the Trustees may authorize a refund of up to 90% of the fee paid in connection with said application to the extent that the Village's actual permitted charges have not been incurred as certified to the Board of Trustees by the Chairman of the Planning Board or Chairman of the Board of Appeals, as the case may be.

The Board of Trustees, in its sole discretion, shall have the right to waive any fee, charge or deposit or portion thereof imposed pursuant to this chapter as it deems necessary and proper.

Fees and costs assessed. Any fees and charges herein required under §§ 112-3, 112-4, 112-6 and 112-7 which remain unpaid shall be assessed against and immediately become a lien on the property which is the subject of the application, which assessment shall be included in the next succeeding annual bill for Village taxes for said property.

[Amended 10-19-2004 by L.L. No. 3-2004; 8-16-2012 by L.L. No. 3-2012]

§ 112-9 Interpretation and application.

[Amended 3-21-1979 by L.L. No. 2-1979; 2-26-1985 by L.L. No. 2-1985]

Words that are singular or masculine shall be deemed to be plural or feminine whenever the sense of this chapter so requires.

Any increase or decrease of a fee, charge or deposit resulting from an amendment of this chapter or a resolution of the Board of Trustees shall affect pending applications and appeals which have been filed with the Village as follows:

[Amended 3-15-2005 by L.L. No. 5-2005]

If the former fee or deposit has been paid to the Village before the effective date of any amendment hereto or a resolution of the Board of Trustees, no additional amounts shall be due nor refunds made relating to the particular stage of the application or appeal for which the former fee or deposit was paid. However, all additional fees shall be computed as set forth in Subsection B(2).