[Amended 10-18-1993 by 5-1993; 1-21-1997 by L.L. No. 1-1997]
A.
On all applications to the Board of Trustees, the
Planning Board or the Board of Zoning Appeals, the applicant shall
be liable to the Village and shall pay the following costs which may
be incurred by the Village in processing the application:
(1)
Advertising;
(2)
Stenographic minutes of meetings;
(3)
Engineering costs for the Village Engineer;
(4)
Inspection costs;
(5)
Legal fees for the Village Attorney, as approved annually
by the Board of Trustees;
(6)
Recording fees;
(7)
Planning, sound, traffic, environmental, architectural
or other expert or specialized studies; and
(8)
Any other costs attributable to the application.
[Amended 7-18-2005 by L.L. No. 4-2005; 10-17-2011 by L.L. No.
3-2011; 12-16-2013 by L.L. No. 2-2013]
A.
A filing
fee shall be required for any application which is made to the Board
of Trustees in the amount of $650, the Board of Zoning Appeals in
the amount of $550, the Board of Historic Review in the amount of
$475, or the Planning Board in the amount of $600, except for an application
for a subdivision or partitioning, for which the fee shall be $750
per lot proposed to be created; and an application made in accordance
with the governing stipulation in New York Institute of Technology
v. Henry A. Wilmerding, et al. (Village of Old Westbury), Index No.
997/65 (hereinafter the "stipulation").
In addition to the filing fee required under § 103-2 of this article, the following deposits are hereby established and required to defray the actual costs or expenses listed in § 103-1 which have been necessarily and actually incurred by the Village:
B.
All other applications to the Board of Trustees for
a special exception permit or a special use permit: $10,000 for the
initial application or any modification thereof; $1,000 for an application
to renew such a special exception permit or a special use permit.
C.
All other applications to the Board of Trustees or
Planning Board which require a public hearing, other than an application
for a subdivision or partitioning: $3,750.
[Amended 12-19-2005 by L.L. No. 6-2005]
D.
All applications to the Board of Zoning Appeals: $4,750.
[Amended 12-19-2005 by L.L. No. 6-2005]
E.
Subdivisions or partitions:
[Amended 7-18-2005 by L.L. No. 4-2005]
(1)
An application for a preliminary or final subdivision
approval or partitioning: $1,000, plus $2,500 per lot proposed to
be created.
Legal fees under this chapter shall in no event
exceed $100,000 unless it is in connection with a subdivision of over
10 lots or any application for a change of zone, in which event legal
fees shall not exceed $150,000. Notwithstanding the aforesaid, legal
fees shall in no event exceed $25,000 for applications to the Board
of Zoning Appeals. Legal fees for any application for an educational
institution or house of worship, or any use accessory to either an
educational institution or house of worship, shall not exceed $100,000.
Notwithstanding any other section of this Code, in the event that the amount of deposit required in § 103-3 is exhausted, then the applicant shall at such time as may be fixed by the appropriate board or administrative official, as the case may be, 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 shall exceed said cost at 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.
No action shall be taken by any Village board or any Village official on any application subject to the requirements of this article unless and until all fees and deposits, including additional deposits, required hereunder shall have been paid in full or as modified by the Board of Trustees pursuant to § 103-13. Any costs under § 103-1A which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the Village real estate tax levy and shall become a lien against the property. The applicant shall have an opportunity to be heard at a public hearing by the Board of Trustees, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
[Amended 5-16-2005 by L.L. No. 3-2005; 10-17-2011 by L.L. No.
3-2011]
The following fees are hereby established:
A.
Building Department fees.
[Amended 10-17-2016 by L.L. No. 9-2016]
(1)
Applications for a building permit to be collected upon the filing
of an application:
(2)
Building permit fee to be collected upon the issuance of such permit:
(a)
For any residential structure other than an alteration, tennis
court or swimming pool: the greater of $1,000 or $0.30 per cubic foot
of volume, plus the costs associated with volume certification, which
volume certification is to be calculated by the Village Engineer.
(b)
Residential alterations and additions:
[1]
For an exterior alteration or addition other than a tennis court
or a swimming pool: the greater of $2,500 or $0.30 per cubic foot
of volume of the alteration or addition, plus the costs associated
with volume certification, which volume certification is to be calculated
by the Village Engineer.
[2]
For an interior alteration or addition: the greater of $2,500
or $1.50 per square foot of the alteration or addition.
(d)
For any nonresidential structure other than an alteration, tennis
court or swimming pool: the greater of $3,500 or $0.60 per cubic foot
of volume, plus the costs associated with volume certification, which
volume certification is to be calculated by the Village Engineer.
(e)
Nonresidential alterations and additions:
[1]
For an exterior alteration or addition other than a tennis court
or a swimming pool: the greater of $3,500 or $0.60 per cubic foot
of volume of the alteration or addition, plus the costs associated
with volume certification, which volume certification is to be calculated
by the Village Engineer.
[2]
For an interior alteration or addition: the greater of $3,500
or $1.50 per square foot of the alteration or addition.
(g)
To maintain an existing structure, built without or in excess of a building permit: three times the fee listed in § 103-7A(2)(a) through (f).
[Amended 12-19-2016 by L.L. No. 13-2016]
(3)
Issuance of a certificate of occupancy or certificate of completion
for all new construction: $250.
(4)
Issuance of a duplicate certificate of occupancy on an existing building:
$10.
(5)
Certificate of occupancy search: $125.
(6)
Issuance of a fence permit: $500.
(7)
Issuance of a cesspool/dry well permit: $300.
(8)
Issuance of a permit to install an underground sprinkler system:
$350.
(9)
Taking of water from hydrants: $150, plus $50 per day.
(10)
Issuance of a permit to install a generator, pool heater or
built-in outdoor kitchen or cooking appliance: $750.
(11)
Issuance of a permit to construct or install a retaining wall:
$750.
(12)
Issuance of a permit to construct or install gates or piers:
$750.
(13)
Issuance of a permit to construct a driveway: $1,050.
(14)
Issuance of a permit to install a boiler: $500.
(15)
Issuance of a permit to construct or install decks or patios:
$750.
(16)
Issuance of a permit to construct or install a gazebo: $750.
(17)
Issuance of a permit to construct or install a gas line: $500.
(18)
Issuance of a permit for a gas conversion: $500.
(19)
Issuance of a permit to abandon a storage tank: $500.
(20)
Issuance of a permit to replace a storage tank: $500.
(21)
Issuance of a demolition permit: $1,500 or $500 for a partial
demolition.
(22)
Issuance of a permit to construct or install a well: $750.
(23)
Issuance of a permit for the installation and construction of
an elevator: $1,750.
(24)
Issuance of a permit for an indoor fire sprinkler: $750.
(25)
Issuance of a permit for a street opening: $250.
(26)
Extension of any building permits:
(a)
Five hundred dollars if certificate of occupancy or certificate
of completion is issued within three months after expiration of a
building permit.
(b)
Seven hundred fifty dollars if certificate of occupancy or certificate
of completion is issued within three months up until six months after
expiration of a building permit.
(c)
One thousand dollars if certificate of occupancy or certificate
of completion is issued within six months up until nine months after
expiration of a building permit.
(d)
Two thousand dollars if certificate of occupancy or certificate
of completion is issued within nine months up until 12 months after
expiration of a building permit.
B.
Duplication of public records. The fees for duplication
of public records shall be governed by the relevant provisions of
the Public Officers Law and any regulations promulgated pursuant thereto.
In the absence of such provisions, the Board of Trustees, by resolution,
shall establish appropriate fees.
D.
Infrastructure improvement fee.
[Added 10-17-2016 by L.L.
No. 12-2016]
(1)
Upon any application for a building permit, in order to defray the
costs for the Village to protect all public improvements in the area
of construction, including but not limited to road pavements, curbs,
drainage facilities, water facilities and similar public improvements
and to provide for the future development of those improvements, the
applicant shall pay the following fee:
(2)
In the event that any public improvements are damaged during the
course of construction in connection with the building permit that
has been issued, the Village shall request that the owner repair the
damage in a good and workmanlike manner, meeting all Village standards.
In the event that the owner of the property does not repair the public
improvements as aforesaid, the Village may make the necessary repairs
and charge these costs to the property owner, provided that the Village
notifies the property owner of its intention to make the repairs and
the property owner does not make them himself within 10 days after
said notice has been mailed or otherwise conveyed to the owner. In
the event the property owner does not reimburse the Village for the
necessary repairs, those costs shall constitute a lien and charge
against that realty involved and shall be collected by the Village
Treasurer in the manner provided by law for the collection of delinquent
taxes.
(See § 103-1).
The provisions of this article shall repeal
and supersede all prior requirements for fees and deposits applicable
to the matters and applications set forth herein.
