Village of Old Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[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.
B. 
All of the fees enumerated in § 103-1A of this article shall be consistent with the fees for the services then prevailing in the community.
[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").
B. 
A filing fee of $500 shall be required for any application which is made to the Planning Board pursuant to Chapter 174, Planning Board, § 174-4D.
[Amended 10-17-2016 by L.L. No. 9-2016]
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:
A. 
All applications to the Board of Trustees for a special exception permit under § 216-111 or for a modification thereof, or for a change of zone shall require a deposit in the amount of $7,500; $2,000 for an application to renew such a special exception permit under § 216-111.
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.
(2) 
Upon submission of the approved plat for a signature:
(a) 
On a subdivision, a deposit of 5% of the amount of bond required by the resolution of the Planning Board wanting final approval to defray the costs of the Village as set forth in § 103-1.
(b) 
On a partitioning, a deposit of $500 to defray the costs of the Village as set forth in § 103-1.[1]
[1]
Editor's Note: Former Subsection F, which immediately followed and required a deposit to protect public improvements in the area of new residential construction, was repealed 10-17-2016 by L.L. No. 12-2016. See § 103-7D for current provisions.
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:
(a) 
For any new residential construction: $300.
(b) 
For any alteration to existing residential construction: $150.
(c) 
For any new nonresidential construction: $750.
(d) 
For any alteration to existing nonresidential construction: $375.
(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.
(c) 
For a residential tennis court or swimming pool:
[1] 
If unenclosed: $1,000;
[2] 
If enclosed: 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.
(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.
(f) 
For a nonresidential tennis court or swimming pool:
[1] 
If unenclosed: $1,000.
[2] 
If enclosed: the greater of $1,000 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.
(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.
(e) 
In the event a certificate of occupancy or certificate of completion is issued more than 12 months after the expiration of a building permit: $2,000 plus any part of the fee set forth above in Subsection A(26)(a), (b), (c) or (d).
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.
C. 
Streets and sidewalks. The filing fee for a street opening permit: $150. The filing fee for any activity listed in §§ 180-1 and 182-19 for which a permit is required: $150.
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:
(a) 
For construction of a new residence: $3,500;
(b) 
For construction of an alteration to an existing residence: $1,750;
(c) 
For all other residential construction $1,200; and
(d) 
For all nonresidential construction: $7,000.
(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.