[HISTORY: Adopted by the Board of Trustees
of the Village of Matinecock 12-19-2006 by L.L. No. 1-2006.[1] Amendments noted where applicable.]
[1]
This local law also repealed former Ch. 64,
Fees and Deposits, adopted 11-20-1969 by L.L. No. 1-1969, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
To make an 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; moving a structure from
one location or position to another; or any change in use. Reasonable
and ordinary repairs to remedy deterioration shall not be considered
as an alteration.
Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter 195, Zoning, or matters pertaining to an appeal.
An individual, corporation or partnership or group thereof
submitting an application to the Village's Zoning Board of Appeals,
Planning Board, Board of Trustees, Clerk, Building Inspector, Street
Commissioner, and Commissioner of Public Works.
Any application or written request made to the Village's
Zoning Board of Appeals, Planning Board, Board of Trustees, Clerk,
Building Inspector, Street Commissioner, and Commissioner of Public
Works seeking approval or relief.
The Building Inspector of the Village.
The Clerk of the Village.
A lot upon which a fee is based, including a recharge basin
and "out" lots which are part of a drainage area for a subdivision.
Includes:
The Incorporated Village of Matinecock.
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 1/2 inches by 14 inches or
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)
Due on the filing of an application for a building
permit for all construction, the applicant shall pay to the Village
a permit fee in an amount equal to 1% of the estimated cost of construction
based upon actual cost or the Village's minimum construction cost
standards or minimum permit fee, whichever is greater.
(2)
Cost of construction and minimum permit fee. The minimum
construction cost for estimating a building permit fee for the noted
construction shall be as follows:
(3)
The minimum building permit fee for the noted construction
shall be as follows:
(4)
Demolition of principal or accessory dwelling: $1,500.
[Amended 7-21-2009 by L.L. No. 1-2009]
(5)
The above minimum cost of construction and minimum
permit fees may, from time to time, be added to, amended, modified
or eliminated by resolution of the Board of Trustees.
B.
Additional fees. In addition to the building permit
fee, the following fees are due and owing on the filing of an application
for a building permit:
(1)
Site plan review.
[Amended 7-21-2009 by L.L. No. 1-2009]
(a)
If
requested by the Building Inspector, the Village's Engineer will review
the application and plans. The Village Engineer's fees shall be the
responsibility of and paid by the applicant. The applicant shall deposit
the below amount with the Village for the payment of engineering fees
as follows:
(b)
Resubmission
of a site plan which contains a substantial modification or revision
shall be deemed a new application. If the engineering fees incurred
by the Village in review of the application are less than deposited,
the balance shall be refunded. If the engineering fees incurred are
more, the applicant shall be responsible for the balance due.
(2)
Certificate of occupancy:
[Amended 7-21-2009 by L.L. No. 1-2009]
(a)
Fee:
$350
(b)
Duplicate
certified copy: $50.
(c)
Certification
of preexisting structure: $500
(d)
Certificate
of occupancy deposit: $500, to be made with the building permit application,
the balance to be returned when the certificate of occupancy is issued.
If the certificate of occupancy is not issued prior to the expiration
of the permit, the deposit shall be forfeited to the Village. Thereafter,
the applicant must apply to renew his building permit application
and make an additional certificate of occupancy deposit in addition
to the renewal fee.
(3)
Certificate
of completion (sheds, generators, propane tanks, fences, etc.): $200.
[Added 7-21-2009 by L.L. No. 1-2009]
C.
Miscellaneous.
(1)
The building permit for a single-family dwelling will
expire 24 months from the date of issuance. For all other construction,
the building permit will 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 $1,500 for a single-family and $750
for an accessory structure, plus all other costs incurred by the Village
for engineering review and legal review incurred by the Village in
the renewal process. No further renewals of a building permit will
be granted, unless authorized by the Board of Trustees.
[Amended 7-21-2009 by L.L. No. 1-2009]
(2)
Building permit fees.
[Amended 3-17-2015 by L.L. No. 1-2015]
(a)
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. If the terms or conditions of the building permit or provisions of the Village's Code are violated during construction after the issuance of the permit, the Building permit fees shall be increased as follows:
(b)
If after the issuance of the permit and during construction,
or the terms or conditions of a stop-work order that is served on
the contractor or property owner by the Village is violated, the Building
permit fees shall be increased as follows:
(c)
Failure to pay the additional building permit fees within 30
days will result in suspension of the building permit.
(3)
Fees for duplication of Building Department records,
including a survey, shall be the actual cost of reproduction, plus
an administration charge of $50.
[Amended 7-21-2009 by L.L. No. 1-2009]
[Amended 9-9-2008 by L.L. No. 3-2008]
A.
B.
The appropriate filing fee and hearing deposit must
be paid to the Village before the application is deemed complete and
a hearing can be noticed.
C.
Hearing charges.
(1)
Each applicant to the Board of Zoning Appeals for
all applications and appeals, except for a dimensional variance for
a single-family residence or for an accessory structure to a single-family
residence, 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 that are in excess to the below
maximum amount:
(a)
Maximum legal fees: $100,000.
(2)
All hearing charges shall be paid to the Village before
the Zoning Board of Appeals shall file its decision.
D.
Fees and
all additional costs incurred shall be paid by the applicant to the
Village.
[Added 7-21-2009 by L.L. No. 1-2009]
Each applicant to the Village's Planning Board
shall pay to the Village the below filing fees, hearing deposits and
charges based upon each lot shown on the plat as follows:
A.
Filing fees.
(1)
Preliminary approval: $1,000 per lot.
(2)
Final approval: $500 per lot.
(3)
General discussion before Planning Board: $750 per
meeting.
(4)
Adjourned public hearing: $750 per adjourned hearing.
(5)
Slope
land permit: $2,500.
[Added 7-21-2009 by L.L. No. 1-2009]
(7)
Site
plan review: $750.
[Added 12-17-2013 by L.L.
No. 3-2013]
B.
Hearing deposit.
(1)
Preliminary approval: $10,000 plus $750 per building
lot.
(2)
Final approval: $10,000 plus $750 per building lot.
(3)
All other matters: $1,000.
(4)
Minimum hearing deposit to be maintained by applicant
during subdivision or partitioning applications: $5,000; site plan
review $2,500; additional hearing deposits to maintain minimum balance:
amount to be determined by the Mayor or, in his absence, by the Deputy
Mayor.
[Amended 7-21-2009 by L.L. No. 1-2009; 12-17-2013 by L.L. No. 3-2013]
C.
Payment of hearing costs. 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 that are in excess of the following
maximum amounts:
D.
Recreation site and improvement fund. If the Planning
Board makes the appropriate findings to so require, 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, as herein required, have been paid.
[Amended 7-21-2009 by L.L. No. 1-2009]
An applicant for permits or licenses to conduct
any of the following activities in the Village shall pay to the Village
a fee and/or post a bond as determined by the following schedule:
A.
Heavy trucking: bond to be posted with the Village
in an amount to be determined by the Building Department.
B.
Tow car permit: $100 per calendar year; $50 if permit
expires within six months.
E.
Burglar and fire alarm fees.
F.
Commercial use of residential property when authorized
by the Board of Trustees: $2,000 per day.
[Amended 5-21-2019 by L.L. No. 2-2019]
G.
Tree removal
permit fee: $50 per application minimum fee for the removal of up
to five trees.
(1)
For
an application that involves the removal of six or more frees, in
addition to the $50 minimum fee, there shall be a further fee based
upon the total number of trees to be removed, computed as follows:
(2)
For
an application that pertains to a property for which a prior tree
removal permit was issued within the past twelve-month period, or
for a property where trees were removed without a removal permit,
the permit fee shall be calculated using the total number of all trees
that have been and will be removed, charged at the highest applicable
rate per tree. There shall be no credit for prior fees paid.
(3)
The
application fee for a tree removal permit for trees that had been
removed without a permit, shall be tripled plus $250.
(4)
In addition
to a tree removal permit fee, the Village may require new plantings
to replace trees to be removed or that have been removed; the number,
size, species and location of the plantings shall be as determined
by the Village Board of Trustees.
[Added 11-16-2010 by L.L. No. 1-2010[1]]
Any applicant petitioning the Board of Trustees for relief for
their personal benefit or that of their property shall be responsible
for all expenses incurred by the Village for engineering, inspection,
consulting, stenographic, administration, and legal expenses in connection
with such request. The Board of Trustees may require a deposit for
these expenses in an amount it deems appropriate taking into account
the requested relief.
A.
Refund of fees. No filing fees, deposits or charges required by §§ 64-3, 64-4, 64-5, 64-6 and 64-7 shall be returned or refunded, except as follows:
[Amended 11-16-2010 by L.L. No. 1-2010]
(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 for 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
or Zoning Board of Appeals 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 §§ 64-4C and 64-5C 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 necessary and proper.
C.
Fees and costs assessed. Any fees and charges herein required under §§ 64-3, 64-4, 64-5, 64-6 and 64-7 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.
[Amended 11-16-2010 by L.L. No. 1-2010]
[Amended 5-21-2019 by L.L. No. 2-2019]
A.
Words that are singular or masculine shall be deemed
to be plural or feminine whenever the sense of this chapter so requires.
B.
The fees, deposits and charges set forth above may be increased or
decreased from time to time by resolution of the Board of Trustees,
and a current record and schedule of such fees, deposits and charges
shall be maintained by the Village Clerk/Treasurer.
C.
License and permit fees set forth in this section shall be doubled
when the activity is commenced without a validly issued Village permit
or license.
D.
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.