[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 10-22-1990 by L.L. No. 6-1990. Amendments noted where
applicable.]
The Village of Sands Point incurs significant
expenses as part of the consideration process of certain matters reviewed
by the various boards or officials of the Village, and it is desirable
that reimbursement for these expenses be made to the Village by the
applicant seeking relief. It is the intention of this chapter to establish
a schedule of deposits and fees to assure reimbursement of anticipated
costs to be incurred by the Village in considering a specific application,
based upon past-incurred expenses for similar matters.
[Amended 3-31-1998 by L.L. No. 2-1998; 2-15-2011 by L.L. No.
4-2011; 3-22-2022 by L.L. No. 4-2022; 5-24-2022 by L.L. No. 10-2022]
A.
On all applications to the Village, including, but not limited to,
the Board of Trustees, Board of Appeals, the Planning Board, or the
Building Department, the applicant shall be liable to the Village
and shall pay the following costs which may be incurred by the Village
in processing the application. These costs may include, but are not
limited to:
(1)
Advertising.
(2)
Stenographic minutes of meetings.
(3)
Engineering costs for Village Engineer.
(4)
Inspection costs.
(5)
Legal fees for Village Attorney.
(6)
Recording fees.
(7)
Planning, sound, traffic, environmental, or other specialized studies
as well as any other fees related to the review and processing of
an application.
(8)
Mailing and shipping fees.
(9)
Fees
for plan examination for compliance with New York State Building and
Fire Codes.
B.
All of the foregoing costs shall be consistent with the costs for
the services then prevailing in the community.
C.
The Village reserves the right to amend the amount of all fees in
this chapter from time to time by resolution of the Board of Trustees;
such amendments shall be published as an appendix to the Village Code.
[Amended 12-17-1991 by L.L. No. 9-1991; 8-23-1994 by L.L. No. 4-1994; 3-11-1997 by L.L. No. 5-1997; 3-31-1998 by L.L. No.
2-1998; 4-24-2001 by L.L. No. 1-2001; 4-23-2002 by L.L. No.
2-2002; 2-25-2003 by L.L. No. 2-2003; 6-17-2003 by L.L. No.
4-2003; 2-24-2009 by L.L. No. 1-2009; 9-28-2010 by L.L. No.
1-2010; 2-15-2011 by L.L. No. 4-2011; 4-28-2015 by L.L. No. 3-2015; 3-22-2016 by L.L. No. 3-2016; 10-25-2017 by L.L. No. 6-2017; 8-25-2020 by L.L. No. 2-2020]
A.
The following fees are hereby established:
(1)
Building permit:
(a)
A permit fee in an amount equal to $100 for the first $1,000
and $17 for each additional $1,000 of the estimated cost of construction
based upon the Village's construction cost standards or actual cost,
whichever is greater, shall be paid by the applicant to the Village.
After completion of the project, the fee is recalculated based on
actual cost of construction as submitted by the applicant in a sworn
affidavit, and the difference is paid by or refunded to the applicant,
as the case may be.
(b)
The construction cost standards for the following construction
items shall be:
[1]
New single-family dwelling or any addition to or reconstruction
of all or part of a principal structure which equals or exceeds 50%
of the square footage of the gross floor area of the structure as
originally constructed or as last modified pursuant to site plan approval:
$200 per square foot.
[2]
Addition or minor alteration to a single-family dwelling: $150
per square foot.
[3]
Deck or masonry patio: $20 per square foot or $250, whichever
is greater.
[4]
Commercial construction: $250 per square foot.
(c)
Pursuant to the authority set forth in Municipal Home Rule Law § 10, Subdivision 1, Paragraph (ii)(e)(3), and in accordance with its powers set forth in § 10 of the Statute of Local Governments, the Board of Trustees is authorized to condition site plan approval and site plan modification approval on the payment of the fee provided herein by superseding Village Law § 7-725-a. For all new principal structures or any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval, or equals or exceeds a gross floor area limitation imposed in connection with a site plan approval, the sum of $25,000 to apply to a Village capital reserve fund, or to a Village repair reserve fund. Gross floor area shall be calculated in accordance with the definition of that term as set forth in Chapter 176, Zoning, of the Village Code. The Village reserves the right to amend the amount of all fees in this chapter from time to time by resolution of the Board of Trustees; such amendments shall be published as an appendix to the Village Code.
[Amended 3-22-2022 by L.L. No. 4-2022]
(2)
Extension of building permit:
(a)
The application fee for the first application for an extension
of a building permit shall be $2,000. The application fee for the
second application for an extension of a building permit shall be
$2,000. The application fee for the third application for an extension
of a building permit shall be $2,500.
(3)
Issuance of a certificate of occupancy, temporary certificate of
occupancy, or certificate of completion: $150.
[Amended 10-23-2023 by L.L. No. 11-2023]
(4)
Demolition permit: $200.
(5)
Coastal erosion management permit: $300.
(6)
Flood damage prevention permit: $200.
(7)
Use permit: $50.
(8)
Sanitary facilities permit: $200.
(11)
Filling, excavation, grading, and site development permit: $350,
plus $1 for each cubic yard over 1,000 cubic yards. In addition, on
all filling, excavation, grading, and site development permits, a
fee shall be paid of $100 per truck load of fill regardless of the
size of the truck transporting the fill. The Village reserves the
right to amend the amount of all fees in this chapter from time to
time by resolution of the Board of Trustees; such amendments shall
be published as an appendix to the Village Code.
[Amended 3-22-2022 by L.L. No. 4-2022]
(12)
(Reserved)
(15)
Special water meter reading: $100.
(18)
Water service calls during nonbusiness hours: $100.
(19)
Replacement of broken water meters: replacement cost to the Village.
(20)
Extension of water service: $250 per buildable lot.
(23)
Irrigation operation:
[Amended 10-26-2021 by L.L. No. 9-2021; 3-22-2022 by L.L. No. 4-2022]
(a)
Application for installation of a new system or modification
of an existing system: $750. The Village reserves the right to amend
the amount of all fees in this chapter from time to time by resolution
of the Board of Trustees; such amendments shall be published as an
appendix to the Village Code.
(b)
Tapping fee: $1,000, if needed. The Village reserves the right
to amend the amount of all fees in this chapter from time to time
by resolution of the Board of Trustees; such amendments shall be published
as an appendix to the Village Code.
(24)
Construction of wells permit: determined by Water Department on a
case-by-case basis.
(25)
Pool-emptying permit: $50.
(26)
Swimming pools: $150 per annum for each swimming pool.
(28)
False alarms. The following fees shall be due and payable no later
than April 15 of the next succeeding calendar year:
(30)
Fees for providing and/or duplicating public records shall be governed
by the relevant provisions of the Public Officers Law and any regulations
promulgated pursuant thereto. In the absence of such provisions, the
Board of Trustees, by resolution, shall establish appropriate fees.
(32)
Parking permit:
(a)
No fee for parking one to 20 vehicles on a roadway or right-of-way
owned by the Village.
(b)
For parking more than 20 but less than 30 vehicles on a roadway
or right-of-way owned by the Village: $50.
(c)
For parking more than 30 vehicles on a roadway or right-of-way
owned by the Village: an additional $50. Valet service must be provided
for the parking of more than 30 vehicles.
(34)
Sign
permit: $100 for each sign.
[Added 9-28-2021 by L.L. No. 6-2021]
(35)
Rental
permit application fee: $2,500.
[Added 10-26-2021 by L.L. No. 9-2021]
(36)
Rental
permit renewal fee: $2,500.
[Added 10-26-2021 by L.L. No. 9-2021]
(37)
Road
permit fee: $100.
[Added 10-26-2021 by L.L. No. 9-2021]
[Amended 3-31-1998 by L.L. No. 2-1998]
A.
A filing fee of $300 shall be required for any application
to the Board of Zoning Appeals.
[Amended 4-23-2002 by L.L. No. 2-2002]
B.
A filing fee of $300 shall be required for any application
to the Planning Board other than an application for the subdivision
of real property.
[Amended 4-23-2002 by L.L. No. 2-2002]
C.
A filing fee of $1,000 per lot shall be required for
any application to the Planning Board for a subdivision of real property.
[Amended 4-23-2002 by L.L. No. 2-2002]
D.
A filing fee of $300 shall be required for any application
for a coastal erosion management permit.
[Amended 8-24-2004 by L.L. No. 2-2004]
E.
A filing fee of $300 shall be required for any appeal
to the Coastal Erosion Hazard Board of Review.
[Amended 4-23-2002 by L.L. No. 2-2002]
F.
A filing fee of $300 shall be required for any application
for designation of an historic site or district, except applications
made by the Board of Trustees or Historic Landmarks Preservation Commission.
[Amended 8-24-2004 by L.L. No. 2-2004]
[Amended 2-23-1994 by L.L. No. 4-1994; 3-31-1997 by L.L. No. 5-1997; 3-31-1998 by L.L. No.
2-1998; 4-23-2002 by L.L. No. 2-2002; 8-24-2004 by L.L. No.
1-2004; 8-24-2004 by L.L. No. 2-2004; 9-28-2010 by L.L. No.
1-2010]
In addition to the filing fees established in this chapter, the following schedule of deposits is hereby established to defray the actual costs or expenses listed in § 82-2 which have been necessarily and actually incurred by the Village on behalf of the applicant:
A.
All applications to the Board of Trustees, except those for a change
of zone: a sum to be set by the Board of Trustees, not to exceed $2,500.
B.
All applications to the Board of Trustees for a change of zone: a
sum to be set by the Board of Trustees, not to exceed $15,000.
C.
All applications to the Board of Appeals: $2,500.
D.
E.
All other applications to a board not described herein: $2,500.
F.
Upon application for a building permit or a permit to open a road,
if the Building Inspector or the Village Engineer determines that
the proposed construction has the potential to cause damage to Village
or private property, the applicant shall deposit, in an amount determined
by the Building Inspector or the Village Engineer, a sum which shall
be sufficient to ensure the protection of the Village or private property
involved in an amount not less than $1,000 for a building permit and
not less than $2,500 for building permits requiring site plan approval.
(1)
In the event that Village or private property is damaged during the
course of construction in connection with the building permit or road
opening permit that has been issued, the Village shall request that
the owner repair the damage in a good and workmanlike manner, meeting
all Village standards. In the event that the owner of the property
does not repair the Village property as aforesaid, the Village may
make the necessary repairs and reimburse itself for the reasonable
costs of said repairs from any deposit received, provided that the
Village notifies the property owner of its intention to make the repairs
and the property owner does not make the repairs within 10 days. The
Village reserves the right, without waiving its entitlement herein
to reimbursement, to correct, without waiting the ten-day period,
any condition deemed by the Village to be a danger to the public health,
safety and welfare and to repair and resurface all openings in public
roads.
(2)
The requirements of this Subsection F may be waived or modified by the Board of Trustees upon application by the property owner or his or her designee.
(3)
A utility company may satisfy this requirement by executing and delivering
to the Village an indemnity bond of a responsible surety company in
the amount of $2,500 to protect Village and private property referred
to above in the area of construction, including but not limited to
road pavements, curbs, drainage facilities, water facilities and similar
public improvements.
G.
All applications to the Coastal Erosion Hazard Board of Review: $2,500.
H.
All applications for designation of an historic site or district,
except applications made by the Board of Trustees or Historic Landmarks
Preservation Commission: $2,500.
I.
Movies and
filming: $1,500 plus, in the event police presence is determined necessary,
the estimated cost for such services.
[Added 2-15-2011 by L.L. No. 4-2011]
[Amended 10-22-1996 by L.L. No. 4-1996; 3-31-1997 by L.L. No. 2-1997; 3-31-1998 by L.L. No. 2-1998]
A.
The Building Department may, within its discretion,
require of any applicant for a filling, excavation, grading, and site
development permit:
[Amended 6-17-2003 by L.L. No. 4-2003; 3-22-2022 by L.L. No. 4-2022]
B.
The Village may require of any applicant for a new
or substantially modified water service, a deposit in an amount determined
by the Planning Board or the Water Department, as the case may be,
after recommendation from the Village Engineer, to be sufficient to
ensure the protection of the infrastructure, including public roads
and drainage structures.
C.
In the event that the amount of the deposit required
by this section exceeds $10,000, an applicant for a permit to place
or remove fill or for a new or substantially modified water service
may appeal the Planning Board's determination with respect to the
amount of the deposit to the Board of Trustees.
(1)
Such appeal must be taken within 30 days after the
filing of the decision and order of the Planning Board with the Village
Clerk.
(2)
The Board of Trustees shall affix a reasonable time
for a hearing of the appeal and give public notice of such hearing
by publication in the official newspaper of the Village at least five
days prior to the date thereof.
(3)
The decision of the Board of Trustees shall be filed
in the office of the Village Clerk within five business days after
the day such decision is rendered, and a copy thereof mailed to the
applicant.
(4)
The Board of Trustees may reverse or modify the Planning
Board's determination with respect to the amount of the deposit required,
upon a finding that the applicant has demonstrated, by a preponderance
of the evidence, that a lesser deposit than that required by the Planning
Board would be sufficient to ensure the protection of the infrastructure,
including public roads and drainage structures.
D.
In the event that any portion of the Village infrastructure
is damaged as a result of activities authorized by a permit issued
to place or remove fill or to install a new or substantially modified
water service, the Village shall request that the permittee repair
the damage to the infrastructure in a good and workmanlike manner,
meeting all Village standards. In the event that the permittee does
not repair the damaged infrastructure, the Village may make the necessary
repairs and, in addition to all other available remedies, reimburse
itself for the reasonable costs of said repairs from any deposit received,
provided that the Village notifies the permittee of its intention
to make the repairs and the permittee does not make the repairs within
10 days thereafter. The Village reserves the right, without waiving
its entitlement herein to reimbursement, to correct, without waiting
the ten-day period, any condition deemed by the Village to be a danger
to the public health, safety and welfare.
[Amended 3-31-1998 by L.L. No. 2-1998]
A.
Deposit requirements established above shall in no way be construed as a limit on the applicants liability for costs incurred under § 82-2 above, and, in the event the deposits required under this chapter are insufficient to cover the actual costs incurred, then the applicant shall, at such time as may be fixed by the appropriate board or administrative official, as the case may be, submit additional payment, the amount of which shall be established by the appropriate board or official, to the Village in an amount sufficient to defray the anticipated additional cost of items enumerated in § 82-2 above. Legal fees under this chapter shall in no event exceed $15,000, unless it is in connection with a subdivision of over 10 lots, in which event legal fees shall not exceed $25,000.
B.
In the event that the amount of the deposit shall
exceed the actual cost at the conclusion of the particular project,
the unused portion of the deposit shall be returned to the applicant
upon the issuance of a certificate of occupancy or certificate of
completion or in the case of road openings, upon certification by
the Building Department, provided that the applicant shall, within
six months thereof, file with the Village Clerk a demand for such
refund. All unclaimed deposits shall become the property of the Village
six months after the filing of the final determination by the Village.
[Amended 3-31-1998 by L.L. No. 2-1998]
No action shall be taken by any Village board or by any Village official on any application subject to the requirements of this chapter unless and until all fees and deposits, including additional deposits, required hereunder shall have been paid in full or as modified by the Board of Trustees pursuant to § 82-12.
[Amended 3-31-1998 by L.L. No. 2-1998; 4-23-2002 by L.L. No.
2-2002]
A charge of $25 will be added to any account
owing to the Village where a tendered payment of such account was
by a check or other written order which was returned for insufficient
funds.
[Amended 3-31-1998 by L.L. No. 2-1998]
The charge shall be collected in the same manner
prescribed by law for the collection of the account for which the
check is tendered.
[Amended 3-31-1998 by L.L. No. 2-1998]
The Village may require future payments to be
tendered in cash or by certified or cashier's check.
[Amended 3-31-1998 by L.L. No. 2-1998]
In the event that any fee or deposit established
in this chapter creates an economic or other hardship, application
may be made to the Board of Trustees, which is hereby authorized to
modify such fee and/or deposit in its legislative discretion, after
appropriate hearing.
[Amended 3-31-1998 by L.L. No. 2-1998]
The fees and deposits established by and in
this chapter may be modified by resolution of the Board of Trustees
passed by at least a majority affirmative vote of the total voting
power of the Board of Trustees. No such resolution shall be passed
until it shall have been in its final form and either upon the desks
or table of the members at least seven calendar days, exclusive of
Sunday, prior to its final passage or mailed to each of them in postpaid,
properly addressed and securely closed envelopes or wrappers in a
post box or post office of the United States Post Office Department
within the local government at least 10 calendar days, exclusive of
Sunday, prior to its final passage. No resolution modifying a fee
or deposit established by and in this chapter, which fee or deposit
currently exceeds $500, or setting a fee or deposit not contemplated
by this chapter shall be passed until a public hearing has been held
before the Board of Trustees after notification of such hearing has
been published and posted, as required by law then existing. The modification
shall be effective upon filing of the resolution with the Village
Clerk.
[Amended 3-31-1998 by L.L. No. 2-1998]
Any bond required to be posted in connection
with this chapter shall include the following language:
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Now, therefore, it is the further condition
of this bond that in the event that the obligee is required to commence
legal proceedings in any court of competent jurisdiction to enforce
the terms of this bond and a decision is rendered in favor of said
obligee against the principal or surety in an award for damages to
said obligee in a sum exceeding the highest offer of settlement made
by the surety or the obligor in writing prior to the institution of
such proceedings, then the surety agrees to pay a reasonable sum in
payment of the obligee's necessary and reasonable legal expenses,
plus the reasonable sum for engineering fees incurred by the Incorporated
Village of Sands Point in causing the work to be completed and retaining
an engineer as an expert witness for the purpose of the trial.
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