[HISTORY: Adopted by the Board of Trustees of the Village of Laurel Hollow as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-1960 as Ord. No. XVII of the General Ordinances]
[Amended 3-12-2009 by L.L. No. 1-2009]
No person shall open, dig up or dig under any portion of any highway, street or private road open to public motor vehicle traffic (unless for repairs of an engineering nature requiring immediate action to safeguard public health and safety) for any purpose without first obtaining a permit from the Street Commissioner of this Village. The fee for such permit will be as follows: per open cut, $500; per directional bore, $500. In addition, the applicant shall be responsible for reimbursing the Village for the full cost of Village Engineer fees incurred in reviewing the application and performing field inspections. The applicant for such permit shall deposit the sum of $500 with the Village to be placed in an escrow account for that purpose. Any fees incurred exceeding the sum held in escrow shall be paid by the applicant upon presentation of an invoice setting forth such fees.
The Street Commissioner shall, prior to the granting of any such permit, require the applicant therefor to agree in writing to perform the work in the manner deemed best to the Street Commissioner and to restore the areas affected to their original state and to hold the Village, its officers, agents and employees harmless from any claims arising in connection therewith. In addition, the Street Commissioner may impose as a condition to the granting of such permit such other terms, conditions and restrictions as he shall deem necessary and advisable, including, without limitation, the posting by the applicant of adequate public liability and performance bonds.
[Amended 7-6-1981 by L.L. No. 4-1981]
Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Adopted 6-12-2008 by L.L. No. 1-2008]
The Board of Trustees of the Village of Laurel Hollow has determined as follows:
The Village of Laurel Hollow is responsible for the maintenance and upkeep of the roads within the Village.
Construction vehicles have damaged Village roads and have caused a considerable expense for the Village to repair.
The Village has committed itself to implementing road improvements on a priority basis throughout the Village so that all of the Village residents would benefit.
The Village has the authority to adopt a fair share impact fee pursuant to statutory authority and other applicable law.
The imposition of impact fees is the preferred method of ensuring that new development and new construction bear a proportional share of the cost of road maintenance.
The imposition of impact fees is to provide a source of revenue to the Village to help fund the construction projects necessary to adequately maintain its road system.
For the purpose of this article, the following terms are defined as follows:
- Soil, loam, sand, clay, topsoil, other earthen material, stone or gravel.
- Any level of a building, and, for this article of the Code, includes attics, basements and cellars, whether habitable or not.
- FLOOR AREA
- The gross floor area in square feet that includes space on any level of a building, including exterior walls, and, for this article of the Code, includes attics, basements and cellars, whether habitable or not.
- LAND DEVELOPMENT ACTIVITY
- Construction activity including, but not limited to, clearing, tree removal, grading, excavating, soil disturbance, and placement of fill that results in land disturbance.
- LAND DISTURBANCE
- Excavation or removal of fill, or the addition of fill on land that, for example, may be part of the construction of a house, swimming pool, tennis court, driveway, parking area, drainage structure, or other structures.
- Any resident of the Village of Laurel Hollow, or any individual, firm, partnership, corporation, association, company, public agency, utility, organization or its agent.
No person shall obtain a building permit to construct a new house, add more than 400 square feet of floor area to an existing house or building, demolish more than 400 square feet of an existing structure, or conduct any land development activity without payment of applicable impact fees.
The following activities are excluded from the requirements of impact fees:
The Village Building Department shall review all plans for new houses and additions to existing houses to determine the square footage per floor.
The Village Engineer shall review site plans to determine the amount of fill that would be removed from or brought to a site that is the subject of a building permit.
The Village Building Department shall determine the amount of the impact fee, and the Village must collect the fee prior to the issuance of a building permit.
The following are the Village impact fees, as applicable to various activities. One or both may apply to a single site or project.
For new houses or additions or demolition projects the fee is $0.3125 for every square foot for each floor.
For land disturbances, the fee shall be $2 per cubic yard of fill to be taken from or brought to the property and $2 per cubic yard of trees, stumps, brush and associated material from clearing activities to be removed from the property.