Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 10-22-1990 by L.L. No. 6-1990. Amendments noted where applicable.]

§ 82-1 Intent.

The Village of Sands Point incurs significant expenses as part of the consideration process of certain matters reviewed by the various boards or officials of the Village, and it is desirable that reimbursement for these expenses be made to the Village by the applicant seeking relief. It is the intention of this chapter to establish a schedule of deposits and fees to assure reimbursement of anticipated costs to be incurred by the Village in considering a specific application, based upon past-incurred expenses for similar matters.

§ 82-2 Costs for which applicant is liable.

[Amended 3-31-1998 by L.L. No. 2-1998; 2-15-2011 by L.L. No. 4-2011]
A. 
On all applications to the Board of Trustees, Board of Appeals or the Planning Board, 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. These costs may include, but are not limited to:
(1) 
Advertising.
(2) 
Stenographic minutes of meetings.
(3) 
Engineering costs for Village Engineer.
(4) 
Inspection costs.
(5) 
Legal fees for Village Attorney.
(6) 
Recording fees.
(7) 
Planning, sound, traffic, environmental or other specialized studies.
(8) 
Mailing and shipping fees.
B. 
All of the foregoing costs shall be consistent with the costs for the services then prevailing in the community.

§ 82-3 Permit fees and charges.

[Amended 12-17-1991 by L.L. No. 9-1991; 8-23-1994 by L.L. No. 4-1994; 3-11-1997 by L.L. No. 5-1997; 3-31-1998 by L.L. No. 2-1998; 4-24-2001 by L.L. No. 1-2001; 4-23-2002 by L.L. No. 2-2002; 2-25-2003 by L.L. No. 2-2003; 6-17-2003 by L.L. No. 4-2003; 2-24-2009 by L.L. No. 1-2009; 9-28-2010 by L.L. No. 1-2010; 2-15-2011 by L.L. No. 4-2011; 4-28-2015 by L.L. No. 3-2015; 3-22-2016 by L.L. No. 3-2016; 10-25-2017 by L.L. No. 6-2017]
A. 
The following fees are hereby established:
(1) 
Building permit:
(a) 
A permit fee in an amount equal to $100 for the first $1,000 and $15 for each additional $1,000 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. After completion of the project, the fee is recalculated based on actual cost of construction as submitted by the applicant in a sworn affidavit, and the difference is paid by or refunded to the applicant, as the case may be.
(b) 
The construction cost standards for the following construction items shall be:
[1] 
New single-family dwelling or any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval: $200 per square foot.
[2] 
Addition or minor alteration to a single-family dwelling: $150 per square foot.
[3] 
Deck or masonry patio: $20 per square foot or $250, whichever is greater.
[4] 
Commercial construction: $250 per square foot.
(c) 
For all new principal structures or any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval, or equals or exceeds a gross floor area limitation imposed in connection with a site plan approval, the sum of $25,000 to apply to the Recreational Trust Fund. Gross floor area shall be calculated in accordance with the definition of that term as set forth in Chapter 176, Zoning, of the Village Code.
(2) 
Extension of building permit:
(a) 
First extension, which shall be valid for a period of three months: $250.
(b) 
Second extension, which shall be valid for a period of an additional three months: $500.
(c) 
Third extension, which shall be valid for a period of an additional three months: $850.
(d) 
Fourth extension or more: Subject to Board of Trustees' approval, a fee for such extension shall be set by the Board of Trustees in compliance with Chapter 176, Zoning, which fee shall not exceed $500 per month.
(3) 
Issuance of a certificate of occupancy or certificate of completion: $100.
(4) 
Demolition permit: $200.
(5) 
Coastal erosion management permit: $300.
(6) 
Flood damage prevention permit: $200.
(7) 
Use permit: $50.
(8) 
Sanitary facilities permit: $200.
(9) 
Tree removal permit for the removal of one to three trees: $50.
(a) 
Each additional tree: $10.
(b) 
In addition to the fees set forth in Subsection A(9) and (9)(a), the applicant shall pay a fee of $150 for a landscape review to be conducted by the Building Department.
(c) 
Any and all tree removal permits shall be valid for a period of 60 days.
(10) 
Opening of public roads.
(a) 
Permit: $500.
(11) 
Filling, excavation and grading permit: $350, plus $0.10 for each cubic yard over 1,000 cubic yards.
(12) 
(Reserved)
(13) 
Auction and public sales permits:
(a) 
Auction: $200 per day.
(b) 
Tag sale; garage sale: $50 per day.
(14) 
Testing of water meters:
(a) 
One-inch meter: $100.
(b) 
Meters in excess of one inch: $130.
(15) 
Special water meter reading: $100.
(16) 
Water service turnoff:
(a) 
During regular business hours: $50.
(b) 
During nonbusiness hours: $100.
(17) 
Water service turn-on:
(a) 
During regular business hours: $50.
(b) 
During nonbusiness hours: $100.
(18) 
Water service calls during nonbusiness hours: $100.
(19) 
Replacement of broken water meters: replacement cost to the Village.
(20) 
Extension of water service: $250 per buildable lot.
(21) 
Damage caused by water pipes bursting in buildings not accessible to the Village where the Village was not given prompt notice:
(a) 
Estimate of water lost;
(b) 
Fifty dollars per hour for labor; and
(c) 
Other actual expenses incurred by the Village.
(22) 
Water tapping fees:
(a) 
One-inch tap: $1,000.
(b) 
Larger tap: determined by Water Department on a case-by-case basis.
(23) 
Underground sprinklers:
(a) 
Application for installation of a new system or modification of an existing system: $750.
(b) 
Tapping fee: $1,000, if needed.
(c) 
Annual system permit renewal: $195, payable in three equal installments of $65.
(24) 
Construction of wells permit: determined by Water Department on a case-by-case basis.
(25) 
Pool-emptying permit: $50.
(26) 
Swimming pools: $150 per annum for each swimming pool.
(27) 
Alarm systems.
(a) 
Alarm system permit: $200.
(b) 
Annual permit service fee: $200, due December 31. A penalty of 10% will be added if not paid by December 31.
(28) 
False alarms. The following fees shall be due and payable no later than April 15 of the next succeeding calendar year:
(a) 
First or second false alarm in one calendar year: no charge.
(b) 
Third false alarm in one calendar year: $25.
(c) 
Fourth false alarm in one calendar year: $50.
(d) 
Fifth false alarm in one calendar year: $100 per false alarm.
(29) 
Vicious dog registration:
(a) 
First two animals per household: $50 per year.
(b) 
Each additional animal per household: $200 per year.
(30) 
Fees for providing and/or duplicating 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.
(31) 
Extension of variance or decision and order.
(a) 
For up to six months: $500.
(b) 
For up to each sixth-month interval thereafter: $500.
(32) 
Parking permit:
(a) 
No fee for parking one to 20 vehicles on a roadway or right-of-way owned by the Village.
(b) 
For parking more than 20 but less than 30 vehicles on a roadway or right-of-way owned by the Village: $50.
(c) 
For parking more than 30 vehicles on a roadway or right-of-way owned by the Village: an additional $50. Valet service must be provided for the parking of more than 30 vehicles.
(33) 
Movies and filming permits:
(a) 
As set forth in rules and regulations of the Board of Trustees pursuant to Chapter 85 of the Village Code.

§ 82-4 Filing fees.

[Amended 3-31-1998 by L.L. No. 2-1998]
A. 
A filing fee of $300 shall be required for any application to the Board of Zoning Appeals.
[Amended 4-23-2002 by L.L. No. 2-2002]
B. 
A filing fee of $300 shall be required for any application to the Planning Board other than an application for the subdivision of real property.
[Amended 4-23-2002 by L.L. No. 2-2002]
C. 
A filing fee of $1,000 per lot shall be required for any application to the Planning Board for a subdivision of real property.
[Amended 4-23-2002 by L.L. No. 2-2002]
D. 
A filing fee of $300 shall be required for any application for a coastal erosion management permit.
[Amended 8-24-2004 by L.L. No. 2-2004]
E. 
A filing fee of $300 shall be required for any appeal to the Coastal Erosion Hazard Board of Review.
[Amended 4-23-2002 by L.L. No. 2-2002]
F. 
A filing fee of $300 shall be required for any application for designation of an historic site or district, except applications made by the Board of Trustees or Historic Landmarks Preservation Commission.
[Amended 8-24-2004 by L.L. No. 2-2004]

§ 82-5 Required deposits for applications concerning land use.

[Amended 2-23-1994 by L.L. No. 4-1994; 3-31-1997 by L.L. No. 5-1997; 3-31-1998 by L.L. No. 2-1998; 4-23-2002 by L.L. No. 2-2002; 8-24-2004 by L.L. No. 1-2004; 8-24-2004 by L.L. No. 2-2004; 9-28-2010 by L.L. No. 1-2010]
In addition to the filing fees established in this chapter, the following schedule of deposits is hereby established to defray the actual costs or expenses listed in § 82-2 which have been necessarily and actually incurred by the Village on behalf of the applicant:
A. 
All applications to the Board of Trustees, except those for a change of zone: a sum to be set by the Board of Trustees, not to exceed $2,500.
B. 
All applications to the Board of Trustees for a change of zone: a sum to be set by the Board of Trustees, not to exceed $15,000.
C. 
All applications to the Board of Appeals: $2,500.
D. 
All applications to the Planning Board for a subdivision of real property:
(1) 
A deposit of $1,000 per lot is required upon filing an application for approval of a subdivision.
(2) 
Upon submission of the approved plat for signature:
(a) 
A deposit of 6% of the amount of each bond required by the resolution of the Planning Board granting final approval.
(b) 
A deposit of the amount certified by the Village Clerk to be required to defray the costs of the Village as set forth in this chapter.
E. 
All other applications to a board not described herein: $2,500.
F. 
Upon application for a building permit or a permit to open a road, if the Building Inspector or the Village Engineer determines that the proposed construction has the potential to cause damage to Village or private property, the applicant shall deposit, in an amount determined by the Building Inspector or the Village Engineer, a sum which shall be sufficient to ensure the protection of the Village or private property involved in an amount not less than $1,000 for a building permit and not less than $2,500 for building permits requiring site plan approval.
(1) 
In the event that Village or private property is damaged during the course of construction in connection with the building permit or road opening 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 Village property as aforesaid, the Village may make the necessary repairs and reimburse itself for the reasonable costs of said repairs from any deposit received, provided that the Village notifies the property owner of its intention to make the repairs and the property owner does not make the repairs within 10 days. The Village reserves the right, without waiving its entitlement herein to reimbursement, to correct, without waiting the ten-day period, any condition deemed by the Village to be a danger to the public health, safety and welfare and to repair and resurface all openings in public roads.
(2) 
The requirements of this Subsection F may be waived or modified by the Board of Trustees upon application by the property owner or his or her designee.
(3) 
A utility company may satisfy this requirement by executing and delivering to the Village an indemnity bond of a responsible surety company in the amount of $2,500 to protect Village and private property referred to above in the area of construction, including but not limited to road pavements, curbs, drainage facilities, water facilities and similar public improvements.
G. 
All applications to the Coastal Erosion Hazard Board of Review: $2,500.
H. 
All applications for designation of an historic site or district, except applications made by the Board of Trustees or Historic Landmarks Preservation Commission: $2,500.
I. 
Movies and filming: $1,500 plus, in the event police presence is determined necessary, the estimated cost for such services.
[Added 2-15-2011 by L.L. No. 4-2011]

§ 82-6 Other required deposits.

[Amended 10-22-1996 by L.L. No. 4-1996; 3-31-1997 by L.L. No. 2-1997; 3-31-1998 by L.L. No. 2-1998]
A. 
The Building Department may, within its discretion, require of any applicant for a filling, excavation and grading permit:
[Amended 6-17-2003 by L.L. No. 4-2003]
(1) 
A deposit of $600 to cover costs anticipated to be incurred by the Village in the departmental processing of the application; and
(2) 
A deposit sufficient to ensure the protection of the Village's infrastructure, including public roads and drainage structures.
B. 
The Village may require of any applicant for a new or substantially modified water service, a deposit in an amount determined by the Planning Board or the Water Department, as the case may be, after recommendation from the Village Engineer, to be sufficient to ensure the protection of the infrastructure, including public roads and drainage structures.
C. 
In the event that the amount of the deposit required by this section exceeds $10,000, an applicant for a permit to place or remove fill or for a new or substantially modified water service may appeal the Planning Board's determination with respect to the amount of the deposit to the Board of Trustees.
(1) 
Such appeal must be taken within 30 days after the filing of the decision and order of the Planning Board with the Village Clerk.
(2) 
The Board of Trustees shall affix a reasonable time for a hearing of the appeal and give public notice of such hearing by publication in the official newspaper of the Village at least five days prior to the date thereof.
(3) 
The decision of the Board of Trustees shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(4) 
The Board of Trustees may reverse or modify the Planning Board's determination with respect to the amount of the deposit required, upon a finding that the applicant has demonstrated, by a preponderance of the evidence, that a lesser deposit than that required by the Planning Board would be sufficient to ensure the protection of the infrastructure, including public roads and drainage structures.
D. 
In the event that any portion of the Village infrastructure is damaged as a result of activities authorized by a permit issued to place or remove fill or to install a new or substantially modified water service, the Village shall request that the permittee repair the damage to the infrastructure in a good and workmanlike manner, meeting all Village standards. In the event that the permittee does not repair the damaged infrastructure, the Village may make the necessary repairs and, in addition to all other available remedies, reimburse itself for the reasonable costs of said repairs from any deposit received, provided that the Village notifies the permittee of its intention to make the repairs and the permittee does not make the repairs within 10 days thereafter. The Village reserves the right, without waiving its entitlement herein to reimbursement, to correct, without waiting the ten-day period, any condition deemed by the Village to be a danger to the public health, safety and welfare.

§ 82-7 Additional deposit payments, return of excess deposit.

[Amended 3-31-1998 by L.L. No. 2-1998]
A. 
Deposit requirements established above shall in no way be construed as a limit on the applicants liability for costs incurred under § 82-2 above, and, in the event the deposits required under this chapter are insufficient to cover the actual costs incurred, then the applicant shall, at such time as may be fixed by the appropriate board or administrative official, as the case may be, submit additional payment, the amount of which shall be established by the appropriate board or official, to the Village in an amount sufficient to defray the anticipated additional cost of items enumerated in § 82-2 above. Legal fees under this chapter shall in no event exceed $15,000, unless it is in connection with a subdivision of over 10 lots, in which event legal fees shall not exceed $25,000.
B. 
In the event that the amount of the deposit shall exceed the actual cost at the conclusion of the particular project, the unused portion of the deposit shall be returned to the applicant upon the issuance of a certificate of occupancy or certificate of completion or in the case of road openings, upon certification by the Building Department, provided that the applicant shall, within six months thereof, file with the Village Clerk a 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.

§ 82-8 Compliance required prior to action by Village.

[Amended 3-31-1998 by L.L. No. 2-1998]
No action shall be taken by any Village board or by any Village official on any application subject to the requirements of this chapter 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 § 82-12.

§ 82-9 Charge for returned checks.

[Amended 3-31-1998 by L.L. No. 2-1998; 4-23-2002 by L.L. No. 2-2002]
A charge of $25 will be added to any account owing to the Village where a tendered payment of such account was by a check or other written order which was returned for insufficient funds.

§ 82-10 Collection.

[Amended 3-31-1998 by L.L. No. 2-1998]
The charge shall be collected in the same manner prescribed by law for the collection of the account for which the check is tendered.

§ 82-11 Future payments.

[Amended 3-31-1998 by L.L. No. 2-1998]
The Village may require future payments to be tendered in cash or by certified or cashier's check.

§ 82-12 Hardship review.

[Amended 3-31-1998 by L.L. No. 2-1998]
In the event that any fee or deposit established in this chapter creates an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit in its legislative discretion, after appropriate hearing.

§ 82-13 Modifications.

[Amended 3-31-1998 by L.L. No. 2-1998]
The fees and deposits established by and in this chapter may be modified by resolution of the Board of Trustees passed by at least a majority affirmative vote of the total voting power of the Board of Trustees. No such resolution shall be passed until it shall have been in its final form and either upon the desks or table of the members at least seven calendar days, exclusive of Sunday, prior to its final passage or mailed to each of them in postpaid, properly addressed and securely closed envelopes or wrappers in a post box or post office of the United States Post Office Department within the local government at least 10 calendar days, exclusive of Sunday, prior to its final passage. No resolution modifying a fee or deposit established by and in this chapter, which fee or deposit currently exceeds $500, or setting a fee or deposit not contemplated by this chapter shall be passed until a public hearing has been held before the Board of Trustees after notification of such hearing has been published and posted, as required by law then existing. The modification shall be effective upon filing of the resolution with the Village Clerk.

§ 82-14 Bonds.

[Amended 3-31-1998 by L.L. No. 2-1998]
Any bond required to be posted in connection with this chapter shall include the following language:
Now, therefore, it is the further condition of this bond that in the event that the obligee is required to commence legal proceedings in any court of competent jurisdiction to enforce the terms of this bond and a decision is rendered in favor of said obligee against the principal or surety in an award for damages to said obligee in a sum exceeding the highest offer of settlement made by the surety or the obligor in writing prior to the institution of such proceedings, then the surety agrees to pay a reasonable sum in payment of the obligee's necessary and reasonable legal expenses, plus the reasonable sum for engineering fees incurred by the Incorporated Village of Sands Point in causing the work to be completed and retaining an engineer as an expert witness for the purpose of the trial.