Village of North Hills, NY Chapter 130 Fees

[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 4-9-1980 by L.L. No. 4-1980 (Ch. 106 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Site development regulations — See Ch. 179.

Streets and sidewalks — See Ch. 186.

Zoning — See Ch. 215.

§ 130-1 Applicability; revisions.

[Amended 5-20-1992 by L.L. No. 3-1992; 1-21-2015 by L.L. No. 2-2015]

A. The fees and deposits set forth in this chapter shall be applicable in the place and stead of any fees or deposits required pursuant to any prior law, except that this chapter shall not be construed to require payment of an additional fee or deposit for any application pending at the effective date of this section for which all required fees and/or deposits have been paid. Notwithstanding the foregoing, additional fees and deposits may be required with respect to any such pending application as may have been provided by law at the time such application was filed.

B. The fees and deposits set forth in this chapter, or in any other chapter of this Code, may be revised or amended by the Board of Trustees, and the Board of Trustees may adopt and amend new and different fees, in its discretion and from time to time, by resolution without public hearing.

§ 130-2 Payment of fees.

All fees prescribed herein shall be paid to the Village Clerk Treasurer, and no permits or other approvals for which fees are required shall be granted or considered until all required fees have been paid.

§ 130-3 Additional fees and deposits.

[Amended 1-21-2015 by L.L. No. 2-2015]

The payment of a fee or deposit as prescribed in this chapter shall not relieve an applicant from the payment of any other fee or deposits prescribed by applicable law.

§ 130-4 Refunds of fees.

No fee or portion thereof shall be refunded after the application for which it is submitted has been denied or approved. In the event that an application is withdrawn or abandoned before such grant or denial, the board to which the application was made (or the Board of Trustees if no other board is applicable) may determine to refund up to 50% of the fee paid, provided that a written application therefor is made within 30 days after such withdrawal or abandonment.

§ 130-5 Schedule of fees.

[Amended 1-14-1981 by L.L. No. 1-1981; 1-27-1982 by L.L. No. 1-1982]

A. The following fees shall be required for the indicated permits and applications:

[Last amended 1-21-2015 by L.L. No. 2-2015]

(1) Sketch plat review: $500 per acre or part thereof for the first 10 acres, and $250 per acre or part thereof thereafter, but not less than $2,500.

(2) Preliminary site plan review.

(a) Residential use: $2,000 per dwelling unit for each of the first 15 dwelling units, and $1,500 for each additional dwelling unit.

(b) Nonresidential or other use: $5,000 per acre or part thereof.

(3) Subdivision or final site plan review.

(a) Residential uses: $2,000 per dwelling unit for each of the first 15 dwelling units, and $1,500 per unit for each additional dwelling unit.

(b) Nonresidential or other uses: $5,000 per acre of part thereof.

(4) Applications to amend a preliminary or final site plan or subdivision approval: a filing fee in an amount 50% of that which would be required for a corresponding preliminary or final site plan or subdivision approval application.

(5) Building permit.

(a) Residential units: $200 plus 1.5% of the estimated cost of construction and materials, but not less than $500.

(b) Nonresidential and other buildings: $200 plus 1.5% of the estimated cost of construction and materials, but not less than $1,000.

(6) Alteration permit (for additions, alterations, site work and all types of repairs, except nonstructural repair work costing less than $500): $100 plus 1% of the estimated cost of construction and materials.

(7) Demolition permit.

(a) Residential building or structure: $500 plus 1% of the cost of the demolition, plus a deposit equal to 50% of the total sum of the demolition cost (deposit shall be refunded upon proper and timely completion of the demolition and removal of debris).

(b) Nonresidential building or structure: $1,500, plus 1% of the cost of the demolition, plus a deposit equal to 50% of the total sum of the demolition cost (deposit shall be refunded upon proper and timely completion of the demolition and removal of debris).

(c) In lieu of any deposit required by this subsection, the Board of Trustees may accept a surety bond or other form of security reasonably satisfactory to the Village Attorney.

(8) Special permit from Board of Appeals or other board with jurisdiction to issue special permits.

[Amended 9-18-2019 by L.L. No. 3-2019]

(a) Cluster residential permit: $50 per dwelling unit, but not less than $600.

(b) Accessory use permit: $250 per use, but not less than $2,000 in the aggregate.

(c) Exceeding height limits: $750.

(d) Fence or wall permit: $500 in residential districts and $1,500 in other districts.

(e) Swimming pool.

[1] Single-family dwelling: $500.

[2] Nonresidential: $1,000.

(f) Outdoor tennis court.

[1] Single-family dwelling: $500.

[2] Nonresidential: $1,000 per court.

(g) Other special permits: $750 or such lesser amount as may be determined by the Board of Appeals.

(9) Registration of lawful nonconforming use: $100.

(10) Application to establish off-street parking requirements: $500.

(11) Renewal of building permit.

(a) Residential single-family dwelling: 50% of permit fee up to $5,000 maximum.

(b) All other residential buildings: 50% of permit fee up to $10,000 maximum.

(c) Other building permits: 50% of permit fee up to $10,000 maximum.

(d) After the expiration of two years from the date of the original permit, an extension fee to be determined by the Board of Trustees before issuance of the extension or renewal.

(12) Renewal of any other permit not otherwise provided for: $250.

(13) Street opening permits.

(a) Up to one square yard: $300.

(b) Each additional square yard or fraction thereof: $60, but not to exceed a total of $3,000.

Note: All roads must be restored within 10 days on a temporary basis and within 30 days on a permanent basis. A cash bond in a sum to be determined by the Board of Trustees, not less than $2,500, shall be required to be filed before permit may be issued, to guarantee proper completion on schedule and in accordance with specifications for restoration.

(14) Curb installation: $150 plus $3 per linear foot.

(15) Curb cuts: $150 plus $15 per linear foot.

(16) Sign permit.

(a) Residential districts: $150 plus $5 per square foot.

(b) Nonresidential districts: $500 plus $5 per square foot.

(c) Temporary subdivision or condominium sign: $500 plus $5 per square foot.

(d) Other temporary permit: 50% of the fee otherwise required for the permit.

(e) Renewals: $150 per year.

(17) Fuel storage tank.

(a) Up to 500 gallons: $300.

(b) Five hundred gallons or more: $500 plus $100 for each 500 gallons or part thereof over 1,000 gallons.

(18) Extension of bond: $1,000, except that the fee shall be $2,000 where a public hearing is required.

(19) Installation of central air conditioning in existing building.

(a) Residential building: $100.

(b) Nonresidential or other building: $200 plus $25 per $1,000 of cost of materials and installation.

(20) Oil or gas burner in existing building, per burner.

(a) Residential building: $100.

(b) Nonresidential or other building: $500.

(21) Plumbing fees: $50 per fixture. For the purposes of this subsection, "fixture" shall include water closets, washbasins, bathtubs, bidets, showers, sinks, dishwashers, clothes washers, washtubs, floor and roof drains, urinals, indirect wastes and any unit containing a trap of any kind.

(22) Sewer connection: $200 per connection.

(23) Cesspool installation: $500.

(24) Certificate of occupancy or temporary certificate of occupancy.

(a) For a residential unit, building or structure: $100 per certificate.

(b) For a nonresidential or other building or structure: $500 plus 0.1% of construction cost, but in no event to be less than $500 nor more than $2,500.

(c) Each temporary certificate of occupancy: 50% of the applicable fee for a permanent certificate of occupancy.

(d) Certificate of occupancy search: $50 for each building or structure.

(25) Certificate of completion.

(a) Residential structure: $150.

(b) Nonresidential structure: $500.

(c) Certificate of completion search: $50.

(26) Application to Planning Board for variance or waiver of zoning requirement or for variance of subdivision or site plan requirement (where permitted):

(a) Residential district: $1,250 per variance or waiver.

(b) Nonresidential district: $2,500 per variance or waiver.

(27) Planning Board waiver of requirement of subdivision approval pursuant to Real Property Law § 334-a or § 179-86 of this Code: $2,500.

(28) Application for expansion or enlargement of nonconforming building or use.

(a) Residential district.

[1] Four hundred dollars per area or use variance or expansion or enlargement, not to exceed $800 per single application for one or more of such approvals in relation to an existing single-family dwelling unit.

[2] One thousand five hundred dollars per area variance or expansion or enlargement, and $2,500 per use variance, not to exceed $5,000 for a single application for one or more of such approvals in relation to more than one new single-family dwelling unit.

(b) Nonresidential district: $3,000 per area variance or expansion or enlargement, and $6,000 per use variance, not to exceed $10,000 per single application for one or more of such approvals.

(29) Change of zoning or amendment to Zoning Code.

(a) Three thousand dollars per acre for the first 25 acres or part thereof.

(b) One thousand dollars per acre for each additional acre or part thereof up to 25 additional acres.

(c) Five hundred dollars per acre for each additional acre or part thereof.

(30) Extension of variances: $500 per single application to extend one or more variances previously approved for an existing single-family dwelling unit, and $1,000 for all other such applications, except that the fee shall be $1,500 where a public hearing is required.

(31) Appeal from order, ruling or other determination of Code Enforcement Officer: $600.

(32) Site plan or subdivision approval with respect to property located in whole or in part outside the Village: $2,500.

(33) Application for approval of transfer of building permit or preliminary or final site plan or subdivision approval: $600.

(34) Application for reduction or release of performance bond or maintenance bond: $1,000, except that the fee shall be $2,000 where a public hearing is required.

(35) Verification of posting of elevator inspection certificate: $100 per elevator per month.

(36) Tow truck fees (where issued by the Village).

(a) Restricted license.

[1] Owner's certificate: $60.

[2] First vehicle: $50.

[3] Each additional vehicle: $35.

(b) Unrestricted license.

[1] Owner's certificate: $60.

[2] First vehicle: $140.

[3] Each additional vehicle: $75.

(c) Additional listing of tow truck services: $100.

(d) Tow truck substitution: $20.

(e) Replacement of a license or medallion: $20.

(f) Reciprocal license.

[1] Unrestricted: $175.

[2] Restricted: $35.

[3] Replacement of reciprocal license: $20.

(g) Original driver's license: $20.

(h) Replacement of license: $5.

(37) Application to the Board of Trustees for a change of zone to authorize incentive zoning, or for an incentive zoning permit: $5,000, or $2,500 per acre, whichever is greater, plus a deposit of $20,000 (or such other sum as may be required by the Board of Trustees upon the filing of such application or from time to time thereafter). Such deposit shall be applied to the actual costs incurred by the Village in processing and reviewing such application, including, without limitation, legal fees (not to exceed $5,000, or $2,500 per acre, whichever is greater), consulting fees for environmental and other professional expertise, stenographer's fees and publication of notices.

(38) Application to the Board of Trustees for special permit for recreational membership club, religious or educational use of property or other use pursuant to Chapter 215 of the Village Code: $1,000.

(39) Certification of any document: $25 per document.

(40) Inspections pursuant to § 215-26F(3)(e) (wireless communications towers and antennas): $750 per inspection.

(41) Commercial filming permit: $500, plus $200 for each day on which the permit is proposed to be used.

(42) Excavation and soil removal permits.

(a) Sand bank and pit excavations: $0.20 per cubic yard of material to be excavated, but not less than $400 for the permit, which fee shall be for the first year of the operation of said permit, and a similar fee for each one-year renewal of the permit.

(b) Topsoil removal: a minimum fee of $250 for area not exceeding 5,000 square feet. For area exceeding 5,000 square feet, the minimum fee shall be $250 plus $100 for each additional 5,000 square feet, or fraction thereof.

(c) Permission for removal of topsoil pursuant to § 179-68D: $10 per cubic yard of topsoil to be removed, but not less than $1,000.

(43) Hawker, peddler or solicitor license.

(a) One day: $50.

(b) One month: $200.

(c) Six months: $500.

(d) One year: $750.

(44) License for collection and/or carting of garbage and/or rubbish in the Village.

(a) For each such truck used in the collection and/or carting of garbage and/or rubbish: $200 per year.

(b) For every person driving or operating such truck used in the collection and/or carting of garbage and/or rubbish: $50.

(45) Telecommunications license or franchise pursuant to Article III or IV of Chapter 196, or an amendment or renewal thereof, application review fee: $250 or 1% of the estimated cost of construction of the applicant's proposed or existing telecommunications facilities, whichever is greater.

(46) Removal of trees.

(a) Any application subject to the provisions of § 202-5B(5): $75.

(b) Any application subject to the provisions of § 202-5B(6): $500 where the application contemplates the removal, destruction or substantial alteration of six or more, but fewer than 10, trees, and an additional $200 for every 10 trees or portion thereof exceeding 10 trees.

(47) Release of vehicle which has been impounded by the Village: $200.

(48) Operating permit: $200 per year.

(49) Other special permit from the Board of Trustees, $2,500.

B. Waiver of fees. Upon written application, the Board of Trustees may waive, in whole or in part, and subject to reasonable conditions, all or any part of any fee required by this chapter to permit or to facilitate a use or prospective use of premises in the Village of North Hills by a nonprofit organization exempt from taxation pursuant to Internal Revenue Code § 501(c)(3).

[Added 6-25-1986 by L.L. No. 4-1986; amended 9-22-1993 by L.L. No. 10-1993; 8-2-1995 by L.L. No. 10-1995]

C. Additional fee requirement. Where an application is made for approval or authorization of an activity after the activity already has commenced, or has been completed, the fee for the application shall be three times the fee otherwise specified herein, unless the Board of Trustees provides otherwise upon written application.

[Added 1-19-2005 by L.L. No. 1-2005]

§ 130-6 Deposits for reimbursement of certain application review expenses. [1]

[Amended 9-17-1980 by L.L. No. 18-1980; 1-14-1981 by L.L. No. 1-1981; 1-21-2015 by L.L. No. 2-2015]

The following provisions shall be applicable to all applications for preliminary or final site plan approval, amendments to preliminary or final site plan approval, variances from site plan, subdivision or zoning regulations (except one or more variances relating to one single family dwelling), and for changes of zone or amendments to the Zoning Code.[2] In addition, where a board (other than the Architectural Review Board) to which any other application involving the use or development of real property is made determines, in its discretion, that a proper review of such application requires expertise which is not available from the Village's employees, such board may require a deposit pursuant to this section.

A. On all such applications, the applicant shall be responsible for and shall pay the following costs which may be incurred by the Village in processing the application: advertising of legal notices; stenographic minutes of meetings; engineering costs for the Village Engineer; reasonable legal fees; inspection costs; recording fees; and planning, traffic, environmental or other specialized studies pertinent to the application and authorized by the Board before which the application is made or pending.

B. The applicant shall, at the time of filing of any such application, or within a reasonable period of time thereafter, deposit with the Village the following sums, to be applied to defray and reimburse the actual expenses described in Subsection A hereof which have necessarily and actually been incurred by the Village:

(1) Applications to the Board of Trustees for a change of zone (other than an incentive zone) or amendments to the Zoning Code: a sum to be determined by the Board of Trustees, but not to exceed $15,000.

(2) Application for a change of zone to authorize incentive zoning, or for an incentive zoning permit, or amendment of any such incentive zoning permit: $20,000 (or such other sum as may be required by the Board of Trustees upon the filing of such application or from time to time thereafter).

(3) All other applications:

(a) For residential development, $2,500 per proposed unit for each of the first 15 units and an additional $1,000 for each additional unit;

(b) For nonresidential development: $5,000 per acre or part thereof.

C. With respect to all such applications, the engineering and legal fee expenses shall be reasonable and at a rate consistent with the fees for such services prevailing in the community. Legal fees for any particular application shall not exceed $10,000, unless the Board of Trustees determines that unusual circumstances exist with respect to such application as a result of the nature of the application or the conduct of the applicant.

D. In the event that the amount of deposit required hereunder is insufficient to cover the costs as set forth in Subsection A hereof, the applicant shall, upon request of the board to which the application is made, deposit with the Village an amount sufficient to defray the actual cost. In the event that the amount deposited shall exceed said cost at the conclusion of the particular application, the unused portion of said deposit shall be returned upon written demand therefor within six months after such conclusion. All deposits unclaimed after the expiration of said six-month period shall become the property of the Village.

E. No action on any such application shall be taken unless and until all fees and deposits required hereunder have been paid, and the application shall be deemed suspended during any period of time in which such fees or deposits are due and unpaid. In the event that any fee or deposit is not paid within 15 days after written demand is made therefor, the application may be deemed by the board to which it was made to have been withdrawn.

[1] Editor's Note: Sections two and three of L.L. No. 1-1982, adopted 1-27-1982, contained the following provisions:

“Section two. Section six of Local Law 4-1980 is hereby repealed, except that such section shall remain in effect as to any application filed before the effective date of this law unless the applicant thereunder applies to the Board of Trustees pursuant to section three of this law and said application is granted, and the fees paid as provided in section three.

“Section three. Any applicant whose application is subject to the deposit requirements of section six of Local Law 4-1980, as amended, may apply to the Board of Trustees on or before February 22, 1982, for a change of fee schedule to the schedule provided in section one of this local law (§ 130-5). Such application shall be in writing, and shall set forth sufficient information and detail to permit the Board of Trustees to determine the extent to which the project for which the application was filed has progressed, and the extent to which services will be required on the part of the village or its employees or agents in furtherance of that application or project. The Board of Trustees may thereafter, by resolution, determine the percentage of the fees described in section one of this local law which shall be paid for such application. Upon payment of the fees so established, and upon request for refund shall be refunded any sums then remaining on deposit with the village pursuant to section six of Local Law 4-1980 as are not required for payment of outstanding charges. Upon payment of the fees so determined by the Board of Trustees, the applicant shall not be required to make any further deposits for fees for said application, and shall not thereafter be subject to the provisions of section six of Local Law 4-1980 for said application. The filing of an application for change of fee schedule pursuant to this section, and the payment of the fee established by the Board of Trustees pursuant this section, shall constitute a full and complete release and waiver of any and all claims by the applicant to any refunds of deposits theretofore paid to the village, except the refund of the unexpended balance to be made as described in this section.”

[2] Editor's Note: See Ch. 179, Site Development Regulations, and Ch. 215, Zoning.

§ 130-7 Special provisions; approval of incentive zoning.

[Added 8-9-1994 by L.L. No. 2-1994]

Where a site located in an R-3 District has received authorization for incentive zoning or bonuses, as provided in § 215-12 of this Code, the following provisions shall be applicable notwithstanding any other provision of this chapter:

A. Notwithstanding any other fee provided by this Code for building permits and for inspection of such buildings, the owner of a project may elect, prior to application for the first building permit after approval of incentive zoning or bonuses, either that the building permits fees for all dwelling units and other buildings and structures in the project may be calculated in accordance with the provisions of Chapter 130 of the Code of the Village of North Hills, other than this section, or that the building permit fee for all dwelling units shall be $7,000 per dwelling unit (inclusive of one deck or patio included in the original application for a building permit), notwithstanding the size or value of any buildings to be constructed on a lot, and that fees otherwise provided by this Chapter 130 shall be applicable to building permits for any accessory structures or any other decks or patios. If no such election is made, the fees otherwise provided by this Chapter 130 shall be applicable.

B. Where the approved subdivision plan includes the preservation of an estate building or mansion and where the applicant has elected pursuant to Subsection A of this section that the fees for building permits for dwellings in the project shall be $7,000 per dwelling unit, the building permit fee for all alterations or renovations or additions to such building or mansion shown on the approved subdivision or site plan for such permits obtained prior to issuance of a certificate of occupancy shall be $10,000, and such fee shall be inclusive of fees in connection with such building permit but exclusive of building permit fees otherwise required by this Code for buildings and structures accessory to said estate building or mansion as shown on the approved subdivision or site plan.