Town of Austerlitz, NY Article II Permits; Fees and Costs; Other Applicable Provisions

§ 195-6 Permit types.

A. Building permits and certificates of occupancy. The issuing, posting and expiration of building permits and the issuance of certificates of occupancy will be done according to the provisions in Chapter 90, Construction Codes, Uniform, of the Code of the Town of Austerlitz, as amended (a local law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code).

B. Site plan approval. Certain uses and activities set forth herein require site plan approval from the Planning Board as provided in Article VIII herein.

C. Special use permits. All special use permit applications shall be subject to both the site plan review and the special use permit provisions of this chapter.[1]

[1] Editor's Note: See Art. VIII, Site Plan Review, and Art. IX, Special Use Permits, of this chapter, respectively.

D. Timber harvest permit. Commercial timber harvesting, as defined herein, requires a timber harvest permit as provided in § 195-25 herein.

§ 195-7 Fees and expenses; professional services; performance bond.

A. Permit application fees and expenses.

(1) Fees required by this chapter shall be paid upon the submission of applications and appeals.

(2) Except for escrow accounts established for projects requiring special consulting and legal assistance, expenses incurred by the Town shall be due upon receipt of an invoice from the Town Clerk. For applications requiring an escrow account, the terms of the account shall be established by the Town Attorney in consultation with the Planning Board and/or the Zoning Board of Appeals and shall provide a monthly accounting of the escrow account to the applicant and provisions for further funding of the escrow account when the balance is drawn down to a specified amount.

(3) The fees for applications and appeals shall be established annually by the Town Board, and the fee schedule will be posted in the Town office.

(4) The following actions shall require fees or reimbursement, through an escrow account, of expenses:

(a) Building permit;

(b) Zoning variance application;

(c) Special use permit;

(d) Zoning interpretation;

(e) Timber harvest permit;

(f) Expense of notice publication; and

(g) Expense of outside professional services (including engineering and legal expenses).

B. The expenses associated with the notification of neighbors, as may be required by this chapter, is the responsibility of the applicant. The Town will provide a template to the applicant for the form of notice, and the applicant will provide proof of mailing to the Town.

C. Professional assistance. The Planning Board and Zoning Board of Appeals may engage the services of engineering, legal, environmental or other professional consultants, procured and approved by the Town Board, at the expense of the applicant, for the review of applications involving significant issues beyond the scope or complexity of normal review.

D. Performance bond. To ensure the completion of required improvements, such as but not limited to roads, landscaping, or other improvements required by the Planning Board, the Planning Board may require, as a condition of approval, a performance bond or other security, in such form and from a source acceptable to the Town Board, in an amount sufficient to cover 125% of the estimated cost of completion of the improvements. Such security may be structured to be reduced commensurate with the performance of the improvements so secured upon certification of work completed, verified to be true by the applicant's engineer, with the concurrence of the Town Engineer, and upon the recommendation by the Planning Board and approval by the Town Board.

§ 195-8 Other applicable provisions.

In addition to the requirements of this chapter, applicants should be aware of other local laws in the Town which may apply to their proposed project:

A. Chapter 167, Subdivision of Land, of the Code of the Town of Austerlitz.

B. Chapter 70, Advertising Devices, of the Code of the Town of Austerlitz.

C. Chapter 131, Mobile Homes and Mobile Home Parks, of the Code of the Town of Austerlitz.

D. Chapter 160, Streets and Sidewalks, Article I, Street Specifications, of the Code of the Town of Austerlitz.

E. Chapter 90, Construction Codes, Uniform, of the Code of the Town of Austerlitz.

F. Chapter 83, Buildings, Unsafe, of the Code of the Town of Austerlitz.

G. Chapter 115, Historic Preservation, of the Code of the Town of Austerlitz.

H. Chapter 153, Solid Waste, Article I, Garbage and Refuse Originating Outside of Town, of the Code of the Town of Austerlitz.

I. Chapter 101, Flood Damage Prevention, of the Code of the Town of Austerlitz.

§ 195-9 Compliance with SEQRA required.

The Planning Board and the Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.