[HISTORY: Adopted by the Town Board of the Town of Tuxedo 6-22-1977 by L.L. No. 6-1977; amended in its entirety 2-13-2006 by L.L. No. 1-2006. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for a consolidated schedule of fees to be charged in the administration of Town laws, ordinances, regulations and resolutions and to permit review and modification of such fees by the Town Board by resolution duly adopted in accordance with this chapter.
This chapter shall authorize the Standard Schedule of Fees of the Town of Tuxedo, a copy of which shall be kept on file with the Town Clerk.
The fees set forth herein shall apply to the provisions of all of the local laws, ordinances, regulations and resolutions of the Town of Tuxedo adopted prior to the date of this chapter and shall supersede any specific fee contained or referred to therein.
The Schedule of Fees of the Town of Tuxedo, the amounts of which shall be set from time to time by resolution of the Town Board, shall be established for the categories following:
Building permit fees.
Certificate of occupancy, violation search and building reinspection fees.
New residential unit.
Certificate for alterations, accessory buildings or structures, etc., over $10,000 in cost.
Any type building permit reinspection fee.
Septic field inspection fees.
Campground fees: one year, plus per campsite or site having the capacity for camping.
Storage tank installation or removal fees.
Commercial/industrial: installation or removal, above or below the ground.
Applications to Zoning Board of Appeals.
Interpretation of ordinance, plus the cost of publication of the notice of public hearing.
Special permit, plus the cost of publication of the notice of public hearing.
Appeals from the Building Inspector, plus the cost of publication of the notice of public hearing.
The initial application fee shall be applied to the fee charged by the ZBA's legal consultant. The ZBA's legal consultant fees that exceed the initial application fee shall be charged to the applicant.
The Zoning Board of Appeals may refer any application presented to it for a variance, special permit or appeal to such legal, engineering, planning, technical, environmental or other consultants as it shall deem reasonably necessary to enable it to review such application as required by law.
The charges made by such consultants shall be in accord with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Town and such consultant.
The Zoning Board of Appeals Chairman shall approve all such charges before they are incurred. All such charges shall be paid upon submission of a Town voucher.
The applicant shall, in addition to the payment of the fees set forth above, reimburse the Town for the cost of such consultant services upon submission of a copy of the voucher therefor. Such reimbursement shall be in addition to the application fee and shall be payable prior to the filing of the decision and order of the Zoning Board of Appeals.
Applications to Town Board.
Petition to amend Chapter 98, Zoning, plus the cost of publication of the notice of public hearing and, in the case of an application to change the Zoning Map for lands in a residential classification, a per-acre fee for each acre of land affected and, in the case of an application to change the Zoning Map for lands in a nonresidential classification, a per-acre fee for each acre of land affected (plus the fees provided in Subsection H below).
Application for a special permit (except applications for planned integrated development), plus the cost of publication of the notice of public hearing (plus the fees provided in Subsection H below).
Land development plan application.
Preliminary plan application.
Final plan application.
Final approval of minor subdivision and bulk land division.
Performance bond in the amount of the bond estimate prepared by the Town Engineer, together with a general liability insurance policy.
Town Engineer inspection fee for improvements.
Maintenance bond (on completion of the improvements or release of the performance bond).
Inspection by Town Building Inspector of septic field installation.
Site plan review (other than planned integrated developments).
Site plan review for planned integrated developments.
Review of a preliminary site plan.
Review of final site plan In the event, however, that the applicant, concurrently with or prior to the application for final site plan review, makes application to the Planning Board for subdivision approval and has paid or is charged the fees set forth in Subsection H(1), (2) and (3) above, then, in such event, no additional fees shall be charged the applicant pursuant to this subsection.
Boundary line charge.
Informal appearance before the Planning Board: no fee.
The Town Board and the Planning Board, in the review of any application described above, may refer any such application presented to it to such engineering, planning, legal, technical, environmental or other consultants as such Board shall deem reasonably necessary to enable it to review such application as required by law. The charges made by such consultants shall be in accord with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Town and such consultant. The Town Board or Planning Board shall approve all such charges before they are incurred. All such charges shall be paid upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such consultant services upon submission of a copy of the voucher therefor, receiving full credit for all moneys paid pursuant to any per-acre, -unit or -space charge required herein to the extent not utilized for the project. In the event that an application is required to be reviewed by both the Town Board and the Planning Board, then, in such event and to the extent applicable, both Boards shall use the same consultants, who shall, in such case, prepare one report providing the data, information and recommendations requested by both Boards. In all instances, duplications of consultants' reports shall be avoided wherever possible in order to minimize the cost of such consultants' reports to the applicant.
Blasting permit fees. A permit fee shall be required for any blasting activity as defined in § 34-2 of the Code of the Town of Tuxedo.
State environmental quality review (in addition to fees set forth in 6 NYCRR Part 617).
Draft environmental impact statement processing, plus publication and notice costs.
Certification of plan and final filing.
Editor's Note: See Ch. 46, Environmental Quality Review.
Commercial forestry registration.
Fuel service stations.
Mercantile and professional building with one occupant.
Places of public assembly. (Not-for-profit organizations are exempt from the fee but not from the requirement of inspection.)
Application to the Architectural Review Board: no fee.
Application for sewer connection permit.
Miscellaneous permits and fees.
All petitions for refunds shall be made to the Town Board. Refunds of fees will be allowed in proportion to the status of the application and any funds expended in the processing of such applications. In no case is more than 2/3 (66%) of the fee refundable. Where applications are submitted which do not contain the required materials for review, an administrative fee of 10% of the application fee will be assessed with the returned application. No fee is refundable after scheduling of a required public hearing. Where the fee provides for the reimbursement to the Town of the cost of consultant services, such reimbursement will be made prior to granting approval of the application.
The Town Board may annually review the fee schedule set forth in this chapter and may, by resolution at the annual reorganization meeting, or after public hearing for which notice determined by the Town Board shall be given prior thereto, amend the fees authorized herein.