[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Editor's Note: Local Law No. 1-2005 repealed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:
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.
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.
An individual, corporation, partnership, or other entity
or group thereof submitting an appeal to the Village's Zoning Board
of Appeals.
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.
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.
The Building Inspector of the Village.
The Clerk of the Village.
A lot upon which a fee is based includes a recharge basin
and out lots which are part of a drainage area for subdivisions.
Includes:
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.
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.
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:
(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:
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:
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.
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.
(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.
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.
