Village of Lattingtown, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown 7-19-2005 by L.L. No. 1-2005; printed as amended 10-11-2005 by L.L. No. 2-2005.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction requirements — See Ch. 114.
Licenses and permits — See Ch. 187.
Peddling and soliciting — See Ch. 226.
Streets and sidewalks — See Ch. 258.
Subdivision of land — See Ch. 263.
Zoning — See Ch. 315.
[1]
Editor's Note: Local Law No. 1-2005 repealed and reenacted this chapter. Prior amendments to L.L. No. 1-1969, the original "Fee and Deposit Law," were effected by L.L. Nos. 2-1972, 1-1974, 1-1978, 3-1978, 1-1980, 1-1983, 4-1986, 2-1987, 4-1987, 4-1990, 1-1993 and 3-1995, and a resolution of April 2002.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any addition or modification in construction or arrangement of structural supports or partitions, including an extension on any side or increase in height of the structure, or any change in use or to move a structure from one location or position to another. Reasonable and ordinary maintenance repairs to prevent or remedy deterioration shall not be considered as an alteration.
APPEAL
Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter 315, Zoning, of the Code of the Village of Lattingtown, or matters pertaining to an appeal.
APPELLANT or EACH APPELLANT
An individual, corporation, partnership, or other entity or group thereof submitting an appeal to the Village's Zoning Board of Appeals.
APPLICANT or EACH APPLICANT
An individual, corporation, partnership or other entity or group thereof submitting an application to the Village's Zoning Board of Appeals for a special use permit, Planning Board, Board of Trustees, Clerk, Building Inspector and Highway Commissioner.
APPLICATION
Any application or written request made to the Village's Zoning Board of Appeals, Planning Board, Board of Trustees, Clerk, Building Inspector and Highway Commissioner seeking approval or relief.
BUILDING INSPECTOR
The Building Inspector of the Village.
CLERK
The Clerk of the Village.
LOT
A lot upon which a fee is based includes a recharge basin and out lots which are part of a drainage area for subdivisions.
OFFICIAL RECORD
Includes:
A. 
Pages and writings contained in the official minute books of the Village's Board of Trustees, Planning Board and Zoning Board of Appeals.
B. 
Public records, papers and writings in the custody of any Village department, official or employee.
VILLAGE
The Incorporated Village of Lattingtown.
A. 
Any person who requests a copy of any public official record of the Village shall pay to the Clerk or designee $0.25 per page for originals not exceeding 8.5 inches by 14 inches and the actual cost of reproduction for larger size originals or those originals that are not reproducible on Village equipment.
B. 
The following booklets and maps, when in print, are available for the noted charge:
(1) 
Zoning Pamphlet: $15.
(2) 
Village (General) Code: $15.
(3) 
Subdivision Pamphlet: $5.
(4) 
Village Map: $5.
C. 
The Board of Trustees may, by resolution, increase the above charges for these publications.
A. 
Building permit fee.
(1) 
Upon the approval of an application for a building permit for any construction, except as noted in Subsection A(3) below, a permit fee in an amount equal to 1 1/2% of the estimated cost of construction based upon the Village's construction cost standards or actual cost, whichever is greater, shall be paid by the applicant to the Village.
(2) 
Costs of construction standards.
(a) 
The construction costs standards for the following construction items shall be:
[Amended 5-17-2017[1]]
[1] 
Single-family dwelling: $250 per square foot.
[2] 
Addition to single-family dwelling: $250 per square foot.
[3] 
Alterations to existing spaces: $200 per square foot.
[4] 
Accessory building without plumbing or heating: $150 per square foot.
[5] 
Accessory building with plumbing and/or heating: $250 per square foot.
[6] 
Deck or masonry patio: $25 per square foot or $250, whichever is greater.
[7] 
Commercial construction: $350 per square foot.
[1]
Editor's Note: This resolution provided an effective date of 7-1-2017.
(b) 
All other construction cost standards shall be determined by the Building Inspector with approval by the Board of Trustees.
(c) 
The above construction cost standards may, from time to time, be amended, modified or deleted by resolution of the Board of Trustees to reflect current construction costs within the Village.
(3) 
Upon the filing of an application for a building permit for the following construction items, the permit fee shall be:
[Amended 2-20-2008 by L.L. No. 1-2008; 5-17-2017[2]]
(a) 
Swimming pool: $1,500.
(b) 
Tennis court or sports court: $1,500.
(c) 
Storage shed (200 square feet or less): $200.
(d) 
Aboveground oil or propane tank installation: $250.
(e) 
Spa, hot tub: $750.
(f) 
Demolition of principal dwelling: $1,500.
(g) 
Demolition of accessory structure: $250.
(h) 
New driveway or modification to an existing driveway: $750.
(i) 
Miscellaneous items: pillars, gates, porticos, plumbing, HVAC, generators, etc.: $250.
[2]
Editor's Note: This resolution provided an effective date of 7-1-2017.
B. 
In addition to the permit fee, the following other fees are due upon the filing and approval of an application for a building permit:
(1) 
A single road maintenance fee of $500 shall be paid by the applicant for the following construction items:
(a) 
All pools or courts (tennis, sports, basketball, etc.);
(b) 
Where the cost of construction for a building permit exceeds $10,000, and the parcel on which the construction is to be located fronts on or has access to a Village road or to a private road from a Village road; or
(c) 
Where the cost of construction for a single building permit exceeds $100,000 and the parcel on which the construction is to be located fronts on or has primary access from a state, county or town road.
(d) 
For all other building permit applications, no road maintenance fee shall be assessed.
(2) 
Certificate of occupancy:
(a) 
Fee: $100.
(b) 
Duplicate certified copy: $25.
(3) 
Review of plans, tree removal plans or grading plans by Planning Board:
(a) 
Single-family dwelling: $350.
(b) 
All other construction items: $250.
(c) 
And actual costs of consultants hired by the Village to review the application.
C. 
Miscellaneous.
[Amended 5-17-2017[3]]
(1) 
A building permit for a single-family dwelling shall expire 18 months from the date of issuance. For all other construction, a building permit shall expire 12 months from the date of issuance. A building permit may be extended for an additional six-month period upon payment of a renewal fee of 25% of the original permit fee and/or one-year upon payment of a renewal fee of 50% of the original permit fee. No more than a one-year renewal of the building permit shall be granted, unless authorized by the Board of Trustees upon good cause shown.
(2) 
The building permit fees set forth in Subsection A shall be doubled for construction that is commenced without a validly issued building permit by the Building Department without prejudice to any other remedy the Village may have.
(3) 
Fees for duplication of Building Department records, including surveys, shall be the actual cost of reproduction, with a minimum charge of $25.
[3]
Editor's Note: This resolution provided an effective date of 7-1-2017.
[Amended 2-22-2012 by L.L. No. 2-2012]
A. 
Every appellant or applicant to the Village's Zoning Board of Appeals shall pay the following:
(1) 
Filing fee.
(a) 
Application for special use permit and amendments thereto: $2,500.
[1] 
Deposit. In addition to the above filing fee for an application for a special use permit and amendments thereto, a hearing charge deposit of $2,500 shall be submitted.
(b) 
Appeal and all other matters: $1,000.
[1] 
Deposit. In addition to the above filing fee for an appeal or another matter, a hearing deposit of $1,500 shall be submitted.
(c) 
General appearance fee for discussion with Board: $250 per appearance.
B. 
The appropriate filing fee and hearing deposit must be paid to the Village before a hearing will be noticed.
C. 
Hearing charges.
(1) 
In addition to the above filing fee, on every appeal, application or amendment to a special use permit for which a public hearing or meeting is held there shall be paid to the Village the actual and necessary charges which have been incurred by the Village in connection with the proceeding up to the maximum amounts indicated below:
(a) 
Appeals.
[1] 
Engineer, environmental or other consultants: $5,000 each.
[2] 
Environmental review:
[a] 
Consultants: $25,000.
[b] 
Legal: $25,000.
[3] 
Stenographic minutes of hearings and meeting: actual costs.
[4] 
Advertising: actual costs.
[5] 
Recording charges: actual costs.
[6] 
Legal fees: $5,000.
(2) 
All hearing charges shall be paid to the Village before the Zoning Board of Appeals shall file its decision.
(3) 
Hearing charges due shall be deducted from the hearing deposit by the Village Clerk/Treasurer. If the hearing charges for which the appellant or applicant is responsible exceed the deposit, the balance due shall be paid to the Village before the Zoning Board of Appeals shall file its decision.
Each applicant to the Village's Planning Board for approval of a partitioning or subdivision as defined in the Subdivision Rules and Regulations of the Village of Lattingtown[1] shall pay to the Village filing fees, hearing deposits and charges based upon each lot shown on the plat as follows:
A. 
Filing fees.
(1) 
Preliminary approval: $500 per lot.
(2) 
Final approval: $200 per lot.
(3) 
General discussion before Planning Board: $750 per meeting.
(4) 
Public hearing adjourned by applicant: $750 per adjourned hearing.
B. 
Hearing deposit.
(1) 
Preliminary hearing: $5,000 plus $500 per building lot.
(2) 
Final hearing: $5,000 plus $750 per building lot.
(3) 
Minimum hearing deposit to be maintained by applicant during proceeding: $2,500.
C. 
Each applicant to the Village's Planning Board shall be responsible for all expenses incurred by the Village for engineering, inspection, consulting, stenographic, administration, and legal expenses. Village expenses shall be deducted from the hearing deposit and, to the extent that the charges for the above services incurred by the Village exceed the hearing deposit, the applicant shall be responsible for payment of all additional sums incurred by the Village, except for legal fees which shall be limited to the following maximum amounts:
(1) 
General Planning Board matters for partitionings or subdivisions with:
(a) 
Fewer than five lots: $25,000.
(b) 
Five or more but fewer than 10 lots: $50,000.
(c) 
10 or more lots: $100,000.
(2) 
Environmental review regardless of number of lots: $75,000.
D. 
Recreation site and improvement fund. If dedication of parkland is not required by the Planning Board, the applicant shall pay to the Village's Site and Recreation Fund $10,000 per lot, excluding recharge basins and one newly created lot if it has an existing principal dwelling.
E. 
The applicant shall be responsible for prompt payment of all filing fees and hearing costs. An application shall not be processed or the proceeding continued unless and until payment for outstanding fees and costs is received by the Village within 30 days of request.
F. 
Discharge of bond. No bond filed for the completion of the public improvements on a proposed subdivision shall be discharged until all fees and charges have been paid, and the bonding company has been released by action of the Board of Trustees.
G. 
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 filing fees enumerated in Subsection A.
H. 
Each applicant to the Village's Planning Board for approval of a tree removal application shall pay to the Village a filing fee and escrow deposit as follows:
[Added 10-22-2015 by L.L. No. 7-2015]
(1) 
Filing fee: $250.
(2) 
Escrow deposit: $750.
I. 
Each applicant to the Village's Planning Board for approval of an excavating, filling, or grading application shall pay to the Village a filing fee and escrow deposit as follows:
[Added 10-22-2015 by L.L. No. 7-2015]
(1) 
Filing fee: $500.
(2) 
Escrow deposit: $1,000.
[1]
Editor's Note: See Ch. 263, Subdivision of Land.
Applicants for permits or licenses to conduct the following activities in the Village shall pay to the Village a fee determined by the following schedule:
A. 
Street openings.
(1) 
(1) Permit fee.
(a) 
Street opening in asphalt pavement: $5 per square foot for the first 1,000 square feet and $3 per square foot thereafter or a minimum of $400, whichever is greater.
(b) 
Street opening in road shoulder: $60 per 100 linear feet or a minimum of $100, whichever is greater.
(2) 
Cash deposit: $2,000 to be held for 90 days following satisfactory completion of the work in accordance with recognized, prevailing construction standards, and released only after the Village Engineers determine that the work has remained in satisfactory condition for that ninety-day period.
B. 
Peddling licenses.
(1) 
Investigation fee: $20.
(2) 
License fee: $10.
C. 
Auction permit fee: $250 plus a refundable security deposit of $500 to accompany each auction permit which shall be used by the Village to remove litter, debris, graffiti or damage left by the applicant.
D. 
Garage sale permit fee: $50 per day.
E. 
Storage of impounded vehicles: $100 for each day or fraction thereof said vehicle is stored by the Police Department or Village.
F. 
Real estate sign fee: $50.
G. 
Commercial use of residential property when authorized by the Board of Trustees: $1,000 per day.
H. 
Parade, exhibition or organized athletic event, which involves the use of roads within the Village, permit fee: $100 per day.
[Added 4-17-2013 by L.L. No. 2-2013]
A. 
Refund of fees. No filing fees, deposits or charges required by §§ 145-3, 145-4, 145-5 and 145-6 shall be returned or refunded, except as follows:
(1) 
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.
(2) 
If an application to the Village's Planning Board, Zoning Board of Appeals or Site and Architectural Review Board is discontinued or abandoned, the Board of Trustees may authorize a refund of up to 90% of the filing 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 such Board.
(3) 
If the actual charges assessed pursuant to §§ 145-4C and 145-5B do not exceed the deposit held by the Village, the remaining balance shall be refunded to the applicant or appellant, provided that he shall, within one year after the decision on the application or appeal is filed, make a written demand for such refund upon the Clerk. All unclaimed excess deposits shall become the property of the Village within one year from such filing date.
B. 
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 it necessary, just and proper to do so.
C. 
Any fees and charges required under the various sections of this chapter which remain unpaid for more than 90 days after they are due and billed shall be assessed against 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 and shall become a lien thereon when such taxes become a lien.
A. 
Words that are singular or masculine shall be deemed to be plural or feminine whenever the sense of this chapter so requires.
B. 
Any increase or decrease of a fee, charge or deposit resulting from an amendment of this chapter shall affect pending applications and appeals which have been filed with the Village as follows:
(1) 
If the former fee or deposit has been paid to the Village before the effective date of any amendment hereto, 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).
(2) 
Any fees or deposits paid after the effective date of any amendment shall be in accordance with the new amounts relating to the particular stage of the application or appeal for which they are paid.
[Added 4-17-2013 by L.L. No. 2-2013]
Notwithstanding any other provision of this chapter, or any fee or deposit required by this chapter, the Board of Trustees, acting by resolution, may amend the fee and deposit schedule established by or in the chapter and/or provide for a schedule of other or different fees or deposits as the Board of Trustees may determine to be necessary and appropriate. In the event the Board of Trustees establishes such a schedule, the fees and deposits required by or in such schedule shall supersede any conflicting fee or deposit required by this chapter.