[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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, or any change in use
or to move a structure from one location or position to another. Reasonable
and ordinary maintenance repairs to prevent or remedy deterioration
shall not be considered as an alteration.
Any appeal made to the Village's Zoning Board of Appeals pursuant to Chapter 300, Zoning, of the Code of the Village of Old Brookville, or matters pertaining to an appeal.
An individual, corporation, partnership, or other entity
or group thereof submitting an appeal to the Village's Zoning Board
of Appeals.
An individual, corporation, partnership or other entity or
group thereof submitting an application to the Village's Planning
Board, Board of Trustees, Clerk, Building Inspector and Highway Commissioner.
Any application or written request made to the Village's
Planning Board, Board of Trustees, Clerk, Building Inspector and Highway
Commissioner seeking approval or relief.
The Building Inspector of the Village.
The Clerk of the Village.
A lot upon which a fee is based includes a recharge basin
and out lots which are part of a drainage area for subdivisions.
Includes:
The Incorporated Village of Old Brookville.
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 8.5 inches by 14 inches and the actual cost
of reproduction for larger size originals or those originals that
are not reproducible on Village equipment.
A.
Building permit fee.
(1)
Upon the filing of an application for a building permit for construction
of a principal building or any addition thereto, a nonrefundable filing
fee in the amount of $500 shall be submitted contemporaneously with
such application for its review. If such application is approved,
the filing fee shall be credited toward the building permit fee.
(2)
Upon the approval of an application for a building permit for any construction, except as noted in Subsection A(4) below, a building permit fee in an amount equal to 1.5% of the estimated cost of construction based upon the Village's construction cost standards or actual cost, whichever is greater, but not less than $250, shall be paid by the applicant to the Village.
(3)
Costs of construction standards.
(a)
The construction costs standards for the following construction
items shall be:
(b)
All other construction cost standards shall be determined by
the Building Inspector with approval by the Board of Trustees.
(4)
Upon the filing of an application for a building permit for the following
construction items, the permit fee shall be the following, or $250
minimum:
(a)
Swimming pool: $1,500.
(b)
Tennis or sports court: $1,500.
(c)
HVAC, spa, hot tub, generator, oil/propane tank: $250.
(d)
Fences: $0.25 per linear foot.
(e)
Parking courts, driveways, including relocation: $500.
(f)
Unified solar permit (whether or not financed by a third party):
$500.
[Added 5-22-2017]
(g)
Wireless telecommunications facilities tower: $10,000 for any
tower up to 100 feet; $1,000 per additional 10 feet or fraction thereof.
[Added 6-9-2017]
(5)
Upon filing for a demolition permit, there shall be a fee of $250
or 10% of the fee for a building permit fee, whichever is greater.
B.
In addition to the permit fee, the following other fees are due upon
the filing and approval of an application for a building permit:
B.
The appropriate filing fee and hearing deposit must be paid to the
Village before a hearing will be noticed.
C.
Additional charges.
(1)
In addition to the above filing fee, on every appeal, there shall
be paid to the Village the actual and necessary charges which have
been incurred by the Village in connection with the appeal up to the
maximum amounts indicated below:
(2)
All hearing charges shall be paid to the Village before the Zoning
Board of Appeals shall file its decision. Hearing charges due shall
be deducted from the hearing deposit by the Village Clerk/Treasurer.
If the hearing charges for which the appellant or applicant is responsible
exceed the deposit, the balance due shall be paid to the Village before
the Zoning Board of Appeals shall file its decision.
A.
Site plan review.
(1)
Each applicant to the Village's Planning Board for site plan approval
as defined in the site plan regulations of the Village of Old Brookville
shall pay the following fees and deposits:
(a)
Fees.
[1]
Construction of, or renovations to, a principal dwelling: $750.
[2]
Construction of, or renovation to an accessory structure: $250.
[3]
Informal discussion of site plans before the Planning Board:
$250.
[4]
Public hearing fee, when required by Planning Board: $2,000.
[5]
Adjourned hearing, and/or resubmission with significant modifications:
$750.
(2)
In addition to the above fees and deposits, there shall be paid to
the Village the actual and necessary charges which have been incurred
by the Village in connection with the proceeding up to the maximum
amounts indicated below:
B.
Special use permits.
[Amended 1-23-2017 by L.L. No. 1-2017; 6-9-2017]
(2)
Deposit. In addition to the above filing fee under Subsection B(1), a hearing deposit of $7,500 shall be submitted.
(3)
Hearing charges.
(a)
In addition to the above filing fee, on every application or
amendment to a special use permit (including any application involving
a wireless telecommunications facility) for which a public hearing
or meeting is held, there shall be paid to the Village the actual
and necessary charges which have been incurred by the Village in connection
with the proceeding up to the maximum amounts indicated below:
[1]
Consultants other than legal fees:
[Amended 6-9-2017]
[a]
Wireless telecommunication facility application:
$12,000 fee cap. Notwithstanding, the fee cap shall be exclusive of
and shall not apply in instances where the application is changed
or amended, or instances which the Board determines to be attributable
to the dilatory or otherwise bad faith actions of applicant in providing
a complete application, or for instances of multiple hearings before
the Board. The Board shall be the sole determiner of the appropriateness
of expert or consulting fees, costs and expenses.
[b]
Other special use permit application: $5,000 per
consultant.
[3]
Stenographic minutes of hearings and meeting: $2,500.
[4]
Recording charges: $500.
[5]
General legal fees: $35,000.
[Amended 6-9-2017]
(b)
All hearing charges shall be paid to the Village before the
Planning Board shall file its decision. Hearing charges due shall
be deducted from the hearing deposit by the Village Clerk/Treasurer.
If the hearing charges for which the appellant or applicant is responsible
exceed the deposit, the balance due shall be paid to the Village before
the Zoning Board of Appeals shall file its decision.
C.
Partitioning and subdivision.
(1)
Each applicant to the Village for partitioning or subdivision of
land shall pay the following fees:
(3)
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,
which shall be limited to the following maximum amounts:
[Amended 6-9-2017]
(4)
Recreation site and improvement fund. If dedication of parkland is
found to be appropriate by the Planning Board but not feasible for
the particular subdivision, 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.
(5)
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.
(6)
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 have been paid, and the bonding company has been
released by action of the Board of Trustees.
(7)
Land outside Village. Filing fees for partitioning and subdivision of land outside the Village for which Village Planning Board approval is required by law shall be an amount equal to 1/2 of the required filing fees enumerated in Subsection C(1).
(8)
If requirements of the Planning Board's decision for a partitioning
or subdivision have not been completed within the required time according
to the Village regulations for subdivision of land,[1] the decision may be extended for one additional one-year
period upon payment of a renewal fee of 25% of the original fees.
Up to two six-month extensions may be granted upon payment of a renewal
fee each of 15% of the original fees. Renewal periods must be contiguous
with the original or extended decisions. No further renewals of a
building permit shall be granted, unless authorized by the Board of
Trustees upon good cause shown.
The following fees shall be paid prior to each appearance before
the Architectural Review Board:
Applicants for permits or licenses to conduct the following
activities in the Village shall pay to the Village a fee determined
by the following schedule:
A.
Auction or public sale: $250 per day.
B.
Business establishment, excluding allowed home offices: $500 per
year.
C.
Street opening or parade: $250 per day per street.
D.
Alarm user permit: $20 per year.
E.
Commercial use of residential property, including commercial filming,
when authorized by the Board of Trustees: $1,000 per day.
F.
Commercial filming on any property, street or right-of-way when authorized
by the Board of Trustees: $500 application fee plus $3,000 per day.
G.
Tree removal permit: $25 per tree.
H.
Excavation, grading or filing permit: $0.25 per cubic yard of material
displaced, relocated, added or removed, $50 minimum.
I.
Temporary sign: $100 per month.
J.
Commercial permanent sign: $500.
K.
Peddling and soliciting: $100 per year.
L.
Tow truck: $150 per year.
M.
Fireworks permit: $250 per day.
N.
Administrative permit for wireless telecommunications facility: $2,000
per node per carrier.
[Added 1-23-2017 by L.L.
No. 1-2017]
A.
If the actual charges assessed pursuant to §§ 154-1 through 154-7 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 it necessary, just and proper to do so.
C.
Any fees and charges required under the various sections of this
chapter 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.
D.
The Board of Trustees may, by resolution, increase or decrease any
of the fees and deposits of this chapter.
A.
Words that are singular or masculine shall be deemed to be plural
or feminine whenever the sense of this chapter so requires.
B.
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.
