[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:
A.
The Village of Laurel Hollow is responsible for the maintenance and
upkeep of the roads within the Village.
B.
Construction vehicles have damaged Village roads and have caused
a considerable expense for the Village to repair.
C.
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.
D.
The Village has the authority to adopt a fair share impact fee pursuant
to statutory authority and other applicable law.
E.
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.
F.
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.
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.
Construction activity including, but not limited to, clearing,
tree removal, grading, excavating, soil disturbance, and placement
of fill that results in 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:
A.
The Village Building Department shall review all plans for new houses
and additions to existing houses to determine the square footage per
floor.
B.
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.
C.
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.
A.
For new houses or additions or demolition projects the fee is $0.3125
for every square foot for each floor.
B.
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.
