Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh 6-19-1978 by L.L. No. 2-1978; amended in its entirety 12-15-2008 by L.L. No. 7-2008.[1] Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This local law provided that applications which are pending before the appropriate Board or department of the Town of Newburgh as of the effective date of this local law and for which fees or partial fees have already been paid shall be subject to the fees set forth in Chapter 104 prior to this amendment with respect to those fees already paid and the fee increases established herein shall apply only to fees or partial fees which were unpaid or applications submitted after the effective date of this Local Law.

§ 104-1 Purpose.

The Town Board, in order to promote proper governmental administration and provide for a consolidated schedule of fees involving the administration of Town ordinances, local laws, rules and regulations, finds it is in the best interest to enact this chapter.

§ 104-2 Planning, zoning and building fees.

A. 
Land subdivision. (See Chapter 163, Subdivision of Land.)
(1) 
Lot line change and two lot subdivision of parcel containing an existing residential structure (payable at application): $550.
(2) 
Minor subdivision of four lots or less (payable at application): $550, plus $200 per lot.
(3) 
Subdivision of 10 lots or less (payable at application): $1,000, plus $225 per lot.
(4) 
Subdivision of 25 lots or less (payable at application): $2,000, plus $250 per lot.
(5) 
Subdivision of more than 25 lots (payable at application): $4,000, plus $250 per lot.
(6) 
Cost of professional services required in subdivision review process: see § 104-2D(3).
(7) 
On-site inspection by Planning Board: $35 per inspection.
(8) 
Inspection of public improvements: 4% of the value of bonded improvements.
(9) 
Recreation fee in lieu of land: $2,000 per lot for a subdivision of four lots or less (a "minor subdivision"), provided, however, that if a lot contains an existing one-family dwelling unit, such lot (and only one) shall be excluded from the calculation; $2,000 per lot including the first four lots for subdivisions greater than four (a "major subdivision"). For residential site plans, including but not limited to condominiums, multiple dwellings and two-family homes, $2,000 for each residential unit.
(10) 
Public hearings: $150, plus publication and transcription costs.
(11) 
Cost of professional services required for architectural review performed in connection with subdivision review process: see § 104-2D(3).
(12) 
Costs of professional services in connection with subdivisions with respect to inspections of landscaping installations and erosion and sediment control measures, establishment or extension of special improvement districts, outside user agreements, developer agreements, road abandonments, easements over Town property and review of proposed dedication instruments, including deeds, easements, securities and insurance: See § 104-2G.
B. 
Site plan review. (See Chapter 185, Zoning.)
(1) 
Application fee.
(a) 
Residential site:
[1] 
Site plan containing four dwelling units or less (payable at application): $500, plus $200 per dwelling unit.
[2] 
Site plan containing 10 dwelling units or less (payable at application): $1,000, plus $225 per dwelling unit.
[3] 
Site plan containing 25 dwelling units or less (payable at application): $2,000, plus $250 per dwelling unit.
[4] 
Site plan containing more than 25 dwelling units (payable at application): $4,000, plus $250 per dwelling unit
(b) 
Commercial site: $1,500, plus $250 per 1,000 square feet of floor area for the first 200,000 square feet and $100 per 1,000 square feet of the floor area greater than 200,000 square feet.
[Amended 12-17-2012 by L.L. No. 9-2012]
(2) 
Inspection of public improvements: 4% of value of bonded improvements.
(3) 
Cost of professional services required in site plan review process: see § 104-2D(3).
(4) 
Recreation fee in lieu of land for multifamily dwellings: $2,000 per unit.
(5) 
Public hearings: $150, plus publication and transcription costs.
(6) 
Cost of professional services required for architectural review performed in connection with site plan review process: see § 104-2D(3).
(7) 
Costs of professional services in connection with site plans with respect to inspections of landscaping installations and soil and erosion settlement control measures, establishment or extension of special improvement districts, outside user agreements, developer agreements, road abandonments, easements over Town property and review of proposed dedication instruments, including deeds, easements, securities and insurance: See § 104-2G.
C. 
Building permit applications. (See Chapter 71, Building Construction.)
(1) 
Upon filing of an application for a building permit for a new residential structure, the following fee shall be charged: $200, plus $0.50 per square foot of floor area.
(2) 
Upon filing of an application for a building permit for a multiple-dwelling structure (including but not limited to townhouses, condominiums and garden apartments), as such term(s) is defined or used in the New York State Uniform Fire Prevention and Building Code, the following fee shall be charged: $400 per dwelling unit, plus $0.60 per square foot of floor area.
(3) 
Upon filing of an application for a building permit for a new commercial structure, the following fees shall be charged:
(a) 
For structures 9,999 square feet and less: $300, plus $0.60 per square foot of floor area.
(b) 
For structures between 10,000 square feet and 24,999 square feet: $500, plus $0.65 per square foot of floor area.
(c) 
For structures between 25,000 square feet and 99,999 square feet: $1,000, plus $0.70 per square foot of floor area.
(d) 
For structures 100,000 square feet and greater: $5,000, plus $0.70 per square foot of floor area for the first 100,000 square feet and $0.35 per square foot for the floor area greater than 100,000 square feet.
[Amended 12-17-2012 by L.L. No. 9-2012]
(4) 
Upon filing of an application for a building permit for an addition, alteration, renovation or accessory building (other than a deck) the following fee shall be charged: $10 per $1,000 of construction value.
(5) 
Upon filing of an application for a building permit for a deck, the following fee shall be charged: $60 plus $5 per $1,000 of construction value.
(6) 
Upon filing of an application for a building permit for demolition, the following fees shall be charged:
[Amended 12-17-2012 by L.L. No. 9-2012; 12-16-2013 by L.L. No. 9-2013]
(a) 
Residential structure: $100 per story.
(b) 
Commercial structure:
[1] 
For structure up to 15 feet in height: $300.
[2] 
For structure 15 feet to 25 feet in height: $700.
[3] 
For structure 25 feet to 35 feet in height: $1,300.
[4] 
For structure 35 feet to 45 feet in height: $2,200.
[5] 
For structure 45 feet to 55 feet in height: $3,550.
[6] 
For structure 55 feet to 65 feet in height: $5,575.
[7] 
For structures over 65 feet in height: $5,575 plus $1,500 for each additional 10 feet in height.
[8] 
For each of the above: plus $0.10 per square foot of floor area.
(c) 
Residential accessory structure: $50 per story.
(7) 
Upon an applicant filing for the reissuance of a building permit that previously was issued and has expired, absent other circumstances, the permit will be reissued upon payment of the following fee based upon the time of expiration of the permit:
[Added 12-17-2012 by L.L. No. 9-2012]
(a) 
Zero to 12 months: 10% of the original permit fee.
(b) 
Twelve to 24 months: 20% of the original permit fee.
(c) 
Twenty-four to 36 months: 30% of the original permit fee.
(d) 
Thirty-six to 48 months: 40% of the original permit fee.
(e) 
Forty-eight months or longer: 50% of the original permit fee.
D. 
Miscellaneous planning, zoning and Building Department fees.
(1) 
Certificate of occupancy.
(a) 
New single-family or two-family residential structure: $60.
(b) 
New multiple-dwelling structure: $150 per dwelling unit.
(c) 
Commercial/industrial structure under 10,000 square feet of floor area: $200.
(d) 
Commercial/industrial structure 10,000 square feet or over of floor area: $400.
(e) 
Residential accessory structure/residential addition, alteration renovation: $25.
(2) 
Zoning Board of Appeals applications.
[Amended 12-19-2016 by L.L. No. 2-2016[1]]
(a) 
Fees.
[1] 
Area variance for single- and two-family residential use and accessory use thereto: $250.
[2] 
Use variance for single- and two-family residential use and accessory use thereto: $250.
[3] 
All other area variances: $500.
[4] 
All other use variances: $750.
[5] 
Special permits: $150.
[6] 
ZBA interpretation of Code: $250.
[7] 
Appeal of Code compliance determination: $250.
(b) 
Additionally, a $50 public hearing publication fee will be charged for all applications requiring a public hearing, and for those proceedings for which a court reporter is used, the applicant shall pay the costs of transcription.
[1]
Editor's Note: This local law provided an effective date of 1-1-2017.
(3) 
Applicants shall, at the discretion of the particular board involved, reimburse the cost of professional services required in the review process based on the most current rate. Payment shall be made prior to each stage of submission.
(4) 
All requests for certification letters, including but not limited to certificates of occupancy, abstract, title search, zoning and road ownership certificates: $125 per certified letter.
(5) 
Reinspection for the same site.
(a) 
Residential site: $40 per additional inspection of the same site for the same purpose.
(b) 
Commercial site: $75 per additional inspection of the same site for the same purpose.
(6) 
Inspections requested outside normal business hours: $150 plus reimbursement of overtime costs.
(7) 
Surcharge for starting work without a permit:
(a) 
Residential: $50.
(b) 
Commercial/industrial: $200.
(8) 
Private and Town road inspections.
(a) 
Residential subdivision: 3% of approved estimated construction cost for private roads; 4% of the value of bonded improvements in accordance with § 104-2A(8) for proposed Town roads.
(b) 
Condominium or other development: 3% of approved estimated construction cost for common, private drives or roads affording access to buildings and/or common parking areas; 4% of the value of the bonded improvements in accordance with § 104-2B(2) for proposed Town roads.
(9) 
Floodplain development permit application: $500.
(10) 
Town highway curb cut/driveway permit: $50.
(11) 
Annual inspection of public assembly category buildings: $100.
(12) 
Annual inspection of commercial buildings other than public assembly category: $50.
E. 
Subdivision, site plan, architectural review, site preparation, use variance, area variance, special permit and interpretation application professional service fees.
[Amended 12-17-2012 by L.L. No. 9-2012]
(1) 
Legislative intent. By enactment of this section, the Town Board of the Town of Newburgh recognizes the need of ensuring that the engineering, planning, technical, environmental, legal and clerical costs incurred by the Town in processing and reviewing land use approvals be borne by the applicant/developer and not by the general public. To this end, it is the intent of this section to require the applicant/developer within the Town of Newburgh to deposit with the Town, in escrow, certain fees which are reasonably related to the complexity of the application and necessary review by the Town through its consultants as a condition precedent to the processing and review of any application. Additionally, this section shall also require the deposit of escrow fees with the Town to cover the Town's costs for review of an applicant/developer's environmental impact statement in accordance with Environmental Conservation Law § 8-0113 and 6 NYCRR 617.17.
(2) 
Fees for certain actions before the Planning Board.
(a) 
Upon application to the Town of Newburgh Planning Board for any planning action or approval, the applicant shall deposit with the Secretary to the Planning Board an escrow to cover the costs being incurred by the Town for all consultant services, including but not limited to engineering, planning and legal as well as clerical costs incurred in the processing and reviewing of such application.
(b) 
The Town of Newburgh Planning Board shall compute the initial escrow charge in accordance with the following schedule:
[1] 
Residential subdivision: $500 per lot for each lot up to five lots and $300 per lot for each lot over five lots.
[2] 
Commercial subdivision: $1,000 per lot for each lot up to five lots, and $500 per lot for each lot over five lots.
[3] 
Multifamily residential site plans and special permits: $250 per unit for each unit up to 50 units, and $100 per unit for each unit over 50 units.
[4] 
Commercial or other nonresidential site plans and special permits: $1,000, plus $200 per 1,000 square feet of building floor area or part thereof.
[5] 
State Environmental Quality Review Act (SEQRA):
[Amended 12-16-2013 by L.L. No. 9-2013]
[a] 
Short environmental assessment form: $1,000.
[b] 
Long environmental assessment form: $2,000.
[c] 
Environmental impact statement: $7,500.
[d] 
Inspection fee for subdivisions: 5% of amount of performance bond.
(c) 
Planning review fee deposits shall be made to the Secretary to the Planning Board and shall be placed in a separate non-interest-bearing account by the Town of Newburgh.
(d) 
No review shall be undertaken by the consultants nor shall the matter be scheduled before the Planning Board until the escrow account and all fees as set forth herein are paid.
(e) 
If the escrow account falls below 40% of the initial deposit, the Planning Board may, if recommended by the consulting engineer, planner or attorney, require that the applicant pay additional funds into the escrow account up to 75% of the initial deposit.
(f) 
In the event that an applicant shall withdraw his application at any stage of the proceedings or when the application review and approval process has been completed, the balance of funds after payment of all outstanding charges in the applicant's account, together with the interest accrued thereon, shall be either remitted to the applicant within 60 days of final action by the Planning Board or, if so directed by the applicant, shall remain on deposit as the applicant's initial payment during the post-approval inspection requirements.
(g) 
The applicant shall be responsible for the payment of all the consultant services incurred by the Planning Board, notwithstanding that the escrow account may be insufficient to pay for said fees or expenses.
(h) 
In the event that the Planning Board, in the course of reviewing an application, determines that the proposed action requires a positive declaration under SEQRA, all costs incurred by the Board for the review of any environmental impact statements, whether of a professional or clerical nature, shall be borne by the applicant pursuant to 6 NYCRR 617.8(a). Such costs shall be covered by an escrow account established pursuant to this section within 15 days of said positive declaration, in an amount as set forth in this Subsection E.
(3) 
Pending applications. All applicants with matters pending before the Planning Board as of the effective date of this section shall be required to post an escrow in the manner and upon the terms and conditions set forth below:
(a) 
The Planning Board, in consultation with the applicant, shall compute the amount of the escrow to be posted with the Town. Such amount shall be reasonably related to the costs attendant to the Town's review of the application as of the effective date of this section. Under no circumstances shall the escrow include amounts attributable to any costs incurred by the Town prior to the effective date of this section.
(b) 
Once computed and established by resolution of the Planning Board, the applicant shall, within 15 days of said resolution, post the escrow fees with the Secretary of the Planning Board. Failure to deliver said escrow fees may result in delay of the further processing of the application.
(4) 
Fees for certain actions before the Zoning Board of Appeals.
(a) 
Upon application to the Town of Newburgh Zoning Board of Appeals for certain complex use or area variances, special permits, interpretations and other applications which the Zoning Board of Appeals is authorized to hear, or later determination by the Zoning Board of Appeals that consultant services are required, the applicant shall deposit with the Secretary to the Zoning Board of Appeals an escrow to cover the costs being incurred by the Town for consultant services, including but not limited to engineering, planning and legal as well as clerical costs, incurred in the processing and reviewing of such application.
(b) 
The Town of Newburgh Zoning Board of Appeals shall compute the initial escrow charge in accordance with the following schedule:
[1] 
Use or area variance for commercial lot or use (except signs): $1,000.
[2] 
Use or area variance for multiple dwelling residential site: $1,000.
[3] 
Special permit: $1,000.
[4] 
Interpretation for commercial lot or use or multiple dwelling residential site or use: $1,000.
[5] 
All other applications for commercial or multiple dwelling residential lot, site or use which the Zoning Board of Appeals is authorized to hear: $1,000.
(c) 
Review escrow fee deposits shall be made to the Secretary to the Zoning Board of Appeals and shall be placed in a separate non-interest-bearing account by the Town of Newburgh.
(d) 
If the escrow account falls below 40% of the initial deposit, the Zoning Board of Appeals may require that the applicant pay additional funds into the escrow account up to 100% of the initial deposit.
(e) 
In the event that an applicant shall withdraw his application at any stage of the proceedings or when the application review and approval process has been completed, the balance of funds after payment of all outstanding charges in the applicant’s account shall be remitted to the applicant within 60 days of the decision by the Zoning Board of Appeals.
F. 
Rezoning fees.
(1) 
Application to amend Zoning Law or Zoning Map:
(a) 
For residential zoning amendments involving a single lot with single-family residences as the primary structures: $200.
(b) 
For all other residential and for commercial zoning amendments: $300.
(2) 
Costs of professional services required for review of rezoning and zoning amendment application and preparation of amendment: See § 104-2G.
(3) 
The applicant shall also be required to pay, upon presentation, for the actual costs of publication and mailing of any and all notices required by any provision of this Code and other provisions of law.
(4) 
Public hearing: $150, plus costs of publication and transcription.
G. 
Professional service fees for zoning amendment and rezoning applications, inspections, improvement districts, dedications and agreements.
(1) 
The Town Board hereby finds and determines that in order to protect and safeguard the Town of Newburgh, its residents and their property, with respect to certain land developments in the Town, applications for zoning amendments and rezonings should conform with the Town's Comprehensive Plan as it may be amended from time to time and be the subject of such environmental reviews as are required by law; landscaping installations and erosion and sediment control measures should be designed and installed in a competent and workmanlike manner and in conformity with approved plans and all applicable government codes, rules and regulations; and special improvement district extensions and establishments, outside user agreements and dedications and conveyances to the Town should be made in a legally sufficient manner. In order to assure the foregoing, it is essential for the Town to have competent professionals retained by the Town to review and make recommendations regarding proposed zoning amendments and rezonings, plans and designs to the Town Board and Planning Board; inspect landscaping and erosion and sediment control measures; negotiate and draft appropriate agreements with those persons installing or constructing or proposing to install or construct highway, utility, drainage or park improvements to be dedicated or connected to Town facilities; obtain, review and approve deeds, easements, securities, insurance and other legal instruments to assure that the Town obtains good and proper title and is otherwise appropriately protected. The costs of retaining such competent professionals should ultimately be paid by those who seek to profit from such developments rather than from Town general or improvement district funds which are raised by assessments paid by the taxpayers of the Town. (This chapter is enacted under the authority of subparagraphs a(12) and d(3) of (Municipal Home Rule Law §§ l0(1)(ii) and 22. To the extent that Town Law §§ 265, 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of professional expenses in connection with the review, inspection and approval of landscaping, erosion and sediment control measures for subdivisions and site plans; review and approval of districts and dedications and amendments to the zoning law, it is the express intent of the Town Board to amend and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the express intent of the Town Board to change and supersede Town Law §§ 265, 274-a, 276 and 277 to empower the Town to require such payments as a condition to such approvals.)
(2) 
The applicant for approval of a zoning amendment or rezoning by the Town Board shall reimburse the Town for all reasonable and necessary professional expenses incurred by the Town in connection with the review, preparation and consideration of such zoning amendment or rezoning and all environmental reviews in conjunction therewith.
(3) 
A person who installs landscaping or erosion and sediment control measures or constructs or proposes to construct highway, drainage, utility or park improvements within or in conjunction with an approved subdivision or site plan in the Town shall reimburse the Town for all reasonable and necessary professional expenses incurred by the Town in connection with the inspection of the landscaping or erosion and sediment control measures and the acceptance by the Town of said highway, drainage, utility or park improvements and the dedication of same to the Town.
(4) 
Simultaneously with the filing of an application for a zoning amendment or rezoning, the applicant shall deposit with the Town Accountant an escrow to cover the costs being incurred by the Town for all professional services incurred in the reviewing of such application.
(5) 
Prior to final approval of a subdivision or site plan, the applicant shall deposit an escrow to cover the costs being incurred by the Town as described in § 104-2G(3) above.
(6) 
The initial deposits required to fund escrow accounts shall be established by the Town Board by resolution, and the Town Board may increase or decrease said amounts by resolution from time to time.
(7) 
Upon receipt of such sums, the Town Accountant shall cause such sums to be deposited in a non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies so deposited.
(8) 
Upon receipt and approval of itemized vouchers from a professional for services rendered on behalf of the Town pertaining to a project, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited and shall furnish copies of such vouchers to depositor upon request following their submission to the Town.
(9) 
All vouchers submitted by professional consultants shall be reviewed and audited by Town officials in the same manner as all other charges. The Town shall approve payment of only such fees as are reasonable in amount and are necessarily incurred by the Town in connection with the review. A fee shall be considered reasonable in amount if it bears a reasonable relationship to fees prevailing in the surrounding geographical area for similar services in similar projects. In determining similarity of services and projects, the Town may consider the size of the project and installations, the topography, soil conditions, drainage conditions, surface water conditions, other site constraints, the nature of the improvements to be installed or constructed, the nature of the planning, landscaping engineering or legal issues arising in the factual context of the application. In determining whether the fees were necessarily incurred, the Town may consider, in addition to the factors listed above, the nature of the materials provided by the applicant, the manner in which the service relates to the issues which must be decided by the Town in reviewing the application, whether the service provided reasonably assists the Board in performing a function required by law or regulation, and such other factors as may be relevant in the factual context of the application. Records shall be maintained showing all amounts deposited and all amounts paid from the escrow account and all bills and vouchers submitted by the Town professional consultants. The applicant shall in no case be billed for more than the Town has actually expended for consultant review fees, and review fees attributable to environmental reviews under the State Environmental Quality Review Act (SEQR) shall in no event exceed the maximum amounts to be charged pursuant to the SEQR regulations.
(10) 
Within 30 days of receiving any voucher for professional consultant fees, whether it has as yet been paid or not, an applicant may file a written request to the Town Board seeking review of the charges therein, to determine whether such fees are reasonable in amount and are necessarily incurred by the Town in connection with the review, under the standards set forth in this chapter.
(11) 
When the balance in such escrow account is reduced to 40% of the initial deposit, the applicant shall replenish the amount of the escrow account to the original amount or such reduced amount as the reviewing board shall determine appropriate. If the applicant for a zoning amendment or rezoning fails to make the escrow deposit, or fails to promptly replenish the amount in the escrow account within 15 days of the Town's request, professional reviews shall not begin or continue, as the case may be, until such time as the escrow account is funded or replenished. The reviewing board may also consider an application abandoned if nonpayment of escrow fees continues for more than two months, and the reviewing board may deny an application based upon such abandonment.
(12) 
In the event that any approval is granted and professional review fees remain to be paid, the reviewing board shall not take any further administrative action in furtherance of the approval until sufficient provision is made for the payment of these fees. For example, no rezoning amendment at the request of an applicant shall be forwarded for filing with the Secretary of State until the Town Accountant has certified in writing to the Town Clerk that all professional review fees actually incurred to date have been fully paid and/or reimbursed and that sufficient escrow amounts remain to cover any professional review costs which will be incurred thereafter until the conclusion of the matter.
(13) 
Issuance of building permits and certificates of occupancy. No building permits or certificate of occupancy or use shall be issued unless all professional review fees charged in connection with the project have been paid and reimbursed.
(14) 
Any balance remaining in the escrow account shall be refunded within a reasonable time upon applicant's request, upon completion of the project, or upon withdrawal of an application, after all fees already incurred by the Town are first paid and deducted from the escrow account.
(15) 
In the event the applicant fails to reimburse to the Town funds expended to consultants as provided herein, the Town may seek recovery of billed and unpaid fees by bringing an action venued in a court of appropriate jurisdiction, and the applicant shall pay the Town's reasonable attorney fees in prosecuting such action in addition to any judgment.

§ 104-3 Sanitation and water fees.

A. 
Permit and inspection fees. (See Chapter 148, Sewers.)
(1) 
Septic systems and other private sewage disposal systems:
(a) 
Residential: $100.
(b) 
Commercial: $200.
(c) 
Repairs of septic systems: $50.
(2) 
Municipal sewer connections.
(a) 
Residential building: $100.
(b) 
Commercial and/or industrial building gravity sewer connection:
Size of Gravity Sewer Service Connection
(inches)
Connection Permit Fee
4
$150
6
$200
8
$250, plus 4% of approved estimated construction cost
10
$300, plus 4% of approved estimated construction cost
12
$350, plus 4% of approved estimated construction cost
(c) 
Multiple residential units, commercial and/or industrial building force main (pumped) connection:
Size of Force Main Sewer Service Connection
(inches)
Connection Permit Fee
1 1/4 to 1 1/2
$150
2
$200
3
$250, plus 4% of approved estimated construction cost
4
$300, plus 4% of approved estimated construction cost
(3) 
Industrial wastewater discharge application fee and annual renewal of discharge permit.
(a) 
Industrial users: $1,500 per year.
(b) 
Significant industrial users: $11,000 per year.
B. 
Water connection and water rate charges:
(1) 
Charge for restoration of service. When water service to any premises has been turned off upon the order of the customer or for any of the above reasons and service at any premises is again desired by the same customer, including seasonal customers, a charge of $5 will be made for the restoration of service during regular business hours and $7.50 during other than regular business hours, provided that the discontinuance of service has not required the removal of the Town's equipment from the customer's premises and closing the curb stop or turning off the water elsewhere does not involve any unusual expense. If, however, it becomes necessary to shut off or disconnect the service pipe at the Town's main, the charge to the customer for restoration of service will be the actual cost incurred by the Town incidental to the disconnection and reconnection of the service pipe.
(2) 
Meter rates. Meter rates for the sale of water to all consumers within the Consolidated Water District and Colden Park Water District of the Town of Newburgh and the duly constituted extensions thereto, excluding water sold to the Town of New Windsor, the New York State Thruway Authority or outside-the-district users, shall be as follows:
[Amended 12-21-2009 by L.L. No. 13-2009; 12-6-2010 by L.L. No. 10-2010; 12-19-2011 by L.L. No. 12-2011; 12-17-2012 by L.L. No. 9-2012; 12-16-2013 by L.L. No. 9-2013; 12-29-2014 by L.L. No. 12-2014[1]; 12-28-2015 by L.L. No. 4-2015[2]]
Usage Per Quarter
Rate
First 7,500 gallons
$16 (minimum charge per quarter)
Next 10,000 gallons
$4.40 per 1,000 gallons
Next 82,500 gallons
$5.20 per 1,000 gallons
Over 100,000 gallons
$6.20 per 1,000 gallons
(a) 
A penalty equal to 5% of the original bill shall be added to the metered water charges if not paid in full within 30 days from the due and payable date.
(b) 
The Town of New Windsor, the New York State Thruway Authority and the outside-the-district users will pay rates and charges as per agreements entered into with the Town. In the event that water assessments under the benefit formula cannot be made applicable for any reason to any consumer and any agreement between the Town and such users does not reflect payment of the same in one form or another, the Town reserves the right to surcharge such users as to meter rates so as to provide for equitable payment of all charges between all users, said surcharge to be applicable in the last calendar quarter charge.
(c) 
The water rates for the Stewart ANG Base Water District consumer(s) will be established by the Town Board from time to time in accordance with New York State Town Law § 198. Unpaid water charges in arrears for 30 days or longer shall be subject to such penalty as the Town Board may provide for by resolution subject to the limit established by Town Law § 198.
[1]
Editor's Note: This local law provided an effective date of 1-1-2015.
[2]
Editor's Note: This local law provided an effective date of 1-1-2016.
(3) 
Private fire protection.
(a) 
Annual charges shall be at the following rates, payable quarterly:
Size of Connection
(inches)
Annual Charge
4
$80
6
$100
8
$200
10
$300
(b) 
An annual charge of $125 will be made for each fire hydrant located on private property or private streets, payable quarterly.
(4) 
Service connections.
(a) 
The following charges will be made for service connection permits:
Size of Service
(inches)
Type of Connection
Connection Charge
3/4
Residential
Commercial
$150
$200
1
Residential
Commercial
$200
$250
1 1/4 and 1 1/2
Residential
Commercial
$250
$300
2
Residential
Commercial
$300
$350
4
Both residential and commercial
$350, plus 4% of approved estimated construction cost if not subject to inspection fee under § 104-2A(8) or B(2)
6
Both residential and commercial
$400, plus 4% of approved estimated construction cost if not subject to inspection fee under § 104-2A(8) or B(2)
8
Both residential and commercial
$500, plus 4% of approved estimated construction cost if not subject to inspection fee under § 104-2A(8) or B(2)
12
Both residential and commercial
$650, plus 4% of approved estimated construction cost if not subject to inspection fee under § 104-2A(8) or B(2)
16 and over
Both residential and commercial
$850, plus 4% of approved estimated construction cost if not subject to inspection fee under § 104-2A(8) or B(2)
(b) 
The cost of the water meter shall be paid by the owner/applicant and will be added to the water connection fee above. The cost of the water meter shall be the actual cost to the Town of Newburgh.
(c) 
The owner-occupant applicant shall be responsible for the installation of the connection line from the main to the building, including the tapping valve or corporation stop, curb stop and box, as well as the meter and remote. All connection permit charges shall be paid at the time the application is approved.
(d) 
All installation work shall be subject to inspection and acceptance by the Town of Newburgh Water Department.
(5) 
Backflow preventer application fee: $100.
(6) 
Administrative processing fee for late filing of annual backflow prevention device testing reports: $25.
(7) 
Missed/rescheduled final water meter reading appointments prior to real property transfers: $25.
(8) 
Right to change schedule. Notice is hereby given that the Town reserves the right to change, alter or modify the foregoing schedule of rates at any time and without notice.
C. 
Sewer rents due and payable quarterly on the first day of January, April, July and October of each year or, if later, the date of rendition of the quarterly bill shall be charged as follows:
(1) 
Sewer operation and maintenance charge.
[Amended 12-17-2012 by L.L. No. 9-2012; 12-16-2013 by L.L. No. 9-2013; 12-29-2014 by L.L. No. 12-2014[3]; 12-28-2015 by L.L. No. 4-2015[4]; 12-19-2016 by L.L. No. 1-2016[5]]
Sewer District
Rate/Fee
(per gallons consumed per premises)
Algonquin
$4.40/1,000
Crossroads Consolidated
$4.80/1,000
Gidney
$4.80/1,000
Meadow Hill South
$4.48/1,000
Meadow Hill North
$4.20/1,000
17K/UA
$4.20/1,000
Nob Hill
$0.0052/gallon
Fleetwood
$7.20/1,000
Wintergreen
$7.20/1,000
(a) 
The following minimum operating and maintenance charge shall apply to all connected properties, including but not limited to those without water meters: $36 per quarter.
[3]
Editor's Note: This local law provided an effective date of 1-1-2015.
[4]
Editor's Note: This local law provided an effective date of 1-1-2016.
[5]
Editor's Note: This local law provided an effective date of 1-1-2017.
(2) 
Sewer facility charge. The basis for the Algonquin, Crossroads, Gidney, Meadow Hill South, Meadow Hill North and 17K/UA Sewer Districts shall be as follows:
(a) 
Single-family, house and lot: 50 units.
(b) 
Two-family, house and lot (50 units, plus 25 units): 75 units.
(c) 
Undeveloped land: 25 units per acre.
(d) 
Developed commercial parcel: base charge of 50 units, plus 25 units per acre, plus commercial/industrial building charge determined as follows:
[1] 
Heavy water usage: 30 units per 1,000 square feet.
[2] 
Medium water usage: 20 units per 1,000 square feet.
[3] 
Low water usage: 10 units per 1,000 square feet.
(e) 
Unique properties.
[1] 
Trailer parks: 50 units, plus 25 units per pad, plus 25 units per acre.
[2] 
Commercial with residence: 50 units, plus 25 units for residence, plus 25 units per acre, plus commercial/industrial building charge.
[3] 
Apartments: 50 units, plus 50 units per apartment, plus 25 units per acre.
[4] 
Motels: 50 units, plus 25 units per acre, plus commercial building charge.
(3) 
Quarterly facility charge per unit: $0.
(4) 
Facilities covered. The sewer systems for which the above sewer rents have been established and imposed include the existing sanitary sewer system of each district or area of district determined benefited by an improvement by the Town Board and the Crossroads/City of Newburgh sewage treatment plant facilities, tie-ins, intercepting sewers and appurtenances.
(5) 
Combined operation and maintenance and facility charge, Roseton Hills Sewer District: $96 per each residential dwelling unit, whether or not an apartment or condominium unit on each parcel as listed on the latest completed assessment roll of the Town per quarter.
[Added 12-19-2016 by L.L. No. 1-2016[6]]
[6]
Editor’s Note: This local law also redesignated former Subsection C(5), Penalty, as Subsection C(6).
(6) 
Penalty. A penalty of 5% shall be added to the sewer rent charges if not paid within 30 days from the due and payable date.
D. 
Sewer and water district extensions. Applicants shall, at the discretion of the Town Board, reimburse the cost of professional services required in the process of the proposed extension or formation of sewer and water districts based on the most current rate and publication costs.
E. 
Private fire protection fees.
[Added 12-16-2013 by L.L. No. 9-2013]
(1) 
Annual charges shall be at the following rates, payable quarterly:
Size of Connection
(inches)
Annual Charge
4 or smaller
$100
6
$150
8
$200
10 or larger
$300
(2) 
An annual charge of $100 will be made for each fire hydrant located on private property or private streets, payable quarterly.

§ 104-4 Police Department fees.

A. 
All reports: $3.
B. 
Police alarm device permit: $25 per alarm. (See Chapter 52, Alarm Systems.)
C. 
Any alarm activation to which Police Department personnel respond which is not the result of an unauthorized entry, fire, smoke or other emergency (false alarm):
Per Calendar Year
Fee
1
$0
2 to 5
$25 per alarm
6 to 10
$50 per alarm
Each subsequent occurrence
$100 per alarm
The above charges shall be paid to the Town Clerk by the property owner or lessee upon receipt of a billing statement from the Town.

§ 104-5 Licenses and permits.

A. 
Recreation.
(1) 
Chadwick Lake fishing and boating: as per the schedule adopted by resolution of the Town Board.[1]
[1]
Editor's Note: See Ch. 133, Art. IV.
B. 
Peddling, hawking and soliciting. (See Chapter 137, Peddling and Soliciting.)
(1) 
Applicant: $100 per year or any part thereof.
(2) 
Employee: an additional $25 per year or any part thereof.
C. 
Public assembly of over 10,000 persons: $500. (See Chapter 60, Assemblies, Mass Public.)
D. 
Blasting:
(1) 
Permit: $150.
(2) 
License: $35. (See Chapter 66, Blasting.)
E. 
Excavations: $100. (See Chapter 160, Streets and Sidewalks, Article I.)
F. 
Site preparation. (See Chapter 83, Clearing and Grading.)
(1) 
Regular permit: $150, plus, if application is forwarded, any fees charged by the Orange County Soil and Water Conservation District for technical review.
(2) 
Permit requiring Planning Board review: $500, plus publication costs, plus, if application is forwarded, any fees charged by the Orange County Soil and Water Conservation District for technical review.
(3) 
Planning Board public hearing: $150, plus publication and transcription costs.
(4) 
Variance: $150, plus publication costs.
(5) 
Cost of professional services required in Planning Board review process: see § 104-2D(3).
G. 
Towing service licenses: $300 per year, plus an additional $50 per tow truck.
H. 
Fireworks permit: $75.

§ 104-6 Dog licenses and impoundment fees.

A. 
Dog licenses. Fees for dog licenses shall be charged as follows:
[Amended 11-15-2010 by L.L. No. 9-2010]
(1) 
Spayed or neutered dog: $6.50 plus $1 Agriculture and Markets population control fund surcharge, for a total of $7.50.
(2) 
Unspayed or unneutered dog: $12.50 plus $3 Agriculture and Markets population control fund surcharge, for a total of $15.50.
B. 
Purebred dog licenses. Fees for purebred dog licenses shall be as follows:
[Amended 11-15-2010 by L.L. No. 9-2010]
(1) 
Purebred dog license for no more than 10 dogs: $50 plus $3 Agriculture and Markets population control fund surcharge.
(2) 
Purebred dog license for no more than 25 dogs: $75 plus $3 Agriculture and Markets population control fund surcharge.
(3) 
Purebred dog license for more than 25 dogs: $100 plus $3 Agriculture and Markets population control fund surcharge.
C. 
Impoundment fees. Fees for dogs that are impounded are as follows:
(1) 
For the first impoundment of any dog owned by that person: $40, and $15 for each additional 24 hours or part thereof for the first impoundment of any dog owned by the dog owner. In the case where the dog owner has been notified that the dog is at the Town Dog Shelter, this $15 shall apply. In case there is not notification made to the dog owner advising him or her that the dog is at the Town Dog Shelter, this $15 shall not apply.
(2) 
For the first 24 hours or part thereof: $50, and $15 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.
(3) 
For the first 24 hours or part thereof: $75, and $15 for each additional 24 hours or part thereof for the third impoundment within one year of the first impoundment of any dog owned by that person.
(4) 
For the first 24 hours or part thereof: $100, and $15 for each additional 24 hours or part thereof for the fourth and subsequent impoundments within one year of the first impoundment of any dog owned by that person.
D. 
Fee for adopted dog or cat. Fees for dogs and cats that are adopted from the Town Shelter are as follows:
[Amended 12-16-2013 by L.L. No. 9-2013; 12-19-2016 by L.L. No. 2-2016[1]]
(1) 
For any cat or kitten: $75.
(2) 
For any puppy: $75.
(3) 
For any dog other than a puppy except for a senior dog adopted by a person 65 years of age or older: $75.
(4) 
For any senior dog adopted by a person 65 years of age or older: $0.
[1]
Editor’s Note: This local law provided an effective date of 1-1-2017.
E. 
Fees for rabies vaccinations. Any dog redeemed by the owner or adopted from the Town Dog Shelter will be subject to the following fees for rabies vaccinations given by a veterinarian:
(1) 
For any dog redeemed by the owner: $30.
(2) 
For any dog adopted from the shelter: $22.

§ 104-7 Vehicle removal and storage charges.

Pursuant to the provisions of § 174-31 of Chapter 174, Vehicles and Traffic, removal and storage charges shall not exceed the rates and charges set forth in Chapter 170, Towing, of the Code of the Town of Newburgh.

§ 104-8 Miscellaneous fees.

[Amended 12-19-2005 by L.L. No. 14-2005]
A. 
A fee of $50 for a license pertaining to games of chance.
B. 
A fee for fraudulent checks of $20 in accordance with Chapter 79.
C. 
A fee for road dedications in accordance with § 161-45C of $250, plus the costs of recording and other incidental expenses to process the application, which fee is not returnable.
D. 
A fee of $2 per bill for each final billing memorandum rendered by the Receiver of Taxes prior to a real property transfer.
E. 
A fee of $2 for each facsimile requested to be forwarded by the Receiver of Taxes office.

§ 104-9 Fire suppression system fees.

Upon filing of an application for a permit for the installation of a fire suppression system in accordance with Chapter 107 of the Town of Newburgh Municipal Code, the following fees shall apply: 2% of the approved estimated cost of the system.