New Hartford Town City Zoning Code
ARTICLE XVI
Miscellaneous Provisions
§ 118-136 Interpretation of provisions; conflict with other provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions or those imposing the higher standards shall govern.
§ 118-137 Existing violations.
No site plan or special use permit shall be approved, no building permit or certificate of occupancy or use issued or variance granted under this chapter for premises upon which there is an existing violation of this chapter or any related Town regulation governing either building construction or the use of land and structures within the Town of New Hartford. This limitation does not, however, prohibit such an approval, issuance or grant with respect to a legal nonconforming use or legal noncomplying structure.
§ 118-138 Severability.
Should any section or provision of this chapter be decided by the courts to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the section or provision so declared to be unconstitutional or invalid.
§ 118-139 Periodic review required.
From time to time and at intervals of not more than five years, the Planning Board shall conduct a review of the effectiveness of the provisions of this chapter, including the location of district boundaries, and shall submit a report thereon to the Town Board, recommending such changes or amendments, if any, which may be desirable in the interest of public safety, health, convenience, necessity or welfare.
§ 118-140 Fees.
Purpose. The following fees shall be charged to reimburse the Town in supporting comprehensive planning and engineering and the necessary support services (both direct and indirect costs) to provide for the processing, review, inspection and implementation of development applications, plans and/or requests for permits, amendments, appeals and the request and dissemination of information pursuant to this chapter.
Site plan review.
Sketch plan conference with the Development Review Committee (Town Planner, Town Engineer and Town Code Enforcement Officer): $250.
Applicant to appear before the Board prior to application for preliminary site plan review and action: $100 each.
Application for preliminary plan review: $500, plus $200 per acre of land area, plus (and/or) $2 per parking space as required by the Town Planning Board, plus (and/or) $25 per unit for multifamily residential development (apartment, condominium, townhouse and zero lot line), plus (and/or) $25 per space for manufactured home park development.
Application for final plan review: $250 plus $100 per acre of land area, plus (and/or) $2 per parking space as required by the Town Planning Board, plus (and/or) $25 per unit for multifamily residential development (apartment, condominium, townhouse and zero lot line), plus (and/or) $25 per space for mobile home development.
In addition, should the Town or its agents require independent construction inspection services for site work and exterior utilities and appurtenances to comply with the requirements of the Town Planning Board, an additional fee will be assessed to the applicant to compensate for the charge incurred by the Town. A prepaid fee will be established by the Town based on the current hourly inspection rate schedule approved by the Town Board.
In addition, should the Town require special studies to comply with the requirements of the Town Planning Board, an additional nonrefundable and nontransferable fee will be assessed to the applicant to compensate for any and all charges incurred by the Town in this regard.
Should the project for which application is made be subject to other charges, i.e., fees in lieu of mitigation, the applicant shall be solely responsible for payment of the same, and the charges shall be in addition to all other fees or charges associated with said application. Payment of said charges shall be paid in full prior to issuance of a building permit by the Town.
The above fees for site plan review are to be used for new site plan applications, subsequent to the calendar date this amendment takes effect. All amendments in an existing approved final site plan will be subject to site plan review schedule and fees, plus 10% of the total site plan fee.
Planned Development District review.
Sketch plan conference with the Development Review Committee (Town Planner, Town Engineer and Town Code Enforcement Officer): $250 each.
Preliminary plan review: $3,000, plus $200 per acre of land area, plus $4 per parking space as required by the Town Planning Board, plus (and/or) $50 per unit for multifamily residential development (apartment, condominium, townhouse and zero lot line), plus (and/or) $100 per space for mobile home development, plus (and/or) $100 per lot for single-family development.
Application for final review: $1,500, plus $100 per acre of land, plus $4 per parking space as required by the Town Planning Board, plus (and/or) $25 per unit for multifamily residential development (apartment, condominium, townhouse and zero lot line), plus $50 per space for mobile home development, plus (and/or) $100 per lot for single-family development.
In addition, should the Town or its agents require independent construction inspection services for site work and exterior utilities and appurtenances to comply with the requirements of the Town Planning Board, an additional fee will be assessed to the applicant to compensate for the charge incurred by the Town. A prepaid fee will be established by the Town based on the current hourly inspection rate schedule approved by the Town Board.
In addition, should the Town require special studies to comply with the requirements of the Town Planning Board, an additional nonrefundable and nontransferable fee will be assessed to the applicant to compensate for any and all charges incurred by the Town in this regard.
Should the project for which application is made be subject to other charges, i.e., fees in lieu of mitigation, the applicant shall be solely responsible for payment of the same, and the charges shall be in addition to all other fees or charges associated with said application. Payment of said charges shall be paid in full prior to final approval by the Planning Board.
The above fees for planned development are to be used for new planned development applications, subsequent to the calendar date this amendment takes effect. All amendments in an existing planned development zone will be subject to site plan review schedule and fees, plus 10% of the total site plan fee.
Fee schedule.
[Amended 9-19-2018 by L.L. No. 7-2018]
Building permits. In any situation where work is started before a building permit is issued, the application fee is doubled. All building permits expire one year from the date of issuance.
[Amended 7-17-2019 by L.L. No. 3-2019]
Residential.
Type | Fee | |
|---|---|---|
One- and two-family residences | $0.26 per square foot | |
Attached garages | $0.15 per square foot | |
Review and inspection fee: alterations, miscellaneous work | $30 minimum or $0.15 per square foot | |
Decks 150 square feet or less | $25 | |
Each additional 150 square feet or part thereof | $10 | |
Three-season rooms | $25 + $0.15 per square foot | |
Fences | $50 | |
Additions | $50 + $0.15 per square foot | |
Mobile home | $0.15 per square foot | |
Detached accessory buildings | $30 or $0.10 per square foot, whichever is greater | |
Fireplaces or other solid-fuel-burning appliance | $30 | |
Certificate of occupancy | $50 | |
Certificate of compliance | $10 | |
Temporary storage units | $30 | |
Solar | $0.10 per square foot of array | |
Multifamily.
Type | Fee | |
|---|---|---|
Multifamily residences | $0.60 per square foot | |
Review and inspection fee: alterations, miscellaneous work | $50 minimum or $0.15 per square foot | |
Certificate of occupancy | $50 per dwelling unit | |
Certificate of compliance | $25 | |
Decks 150 square feet or less | $25 | |
Each additional 150 square feet or part thereof | $10 | |
Three-season rooms | $25 + $0.15 per square foot | |
Fences | $50 | |
Detached accessory buildings | $30 or $0.10 per square foot, whichever is greater | |
Temporary storage units | $30 | |
Multifamily plan review | $0.02 per square foot | |
Solar | $0.10 per square foot of array | |
Commercial.
Type | Fee | ||
|---|---|---|---|
Commercial building: anything other than an R occupancy up to 50,000 square feet | $0.66 per square foot | ||
Any remaining portion up to 100,000 square feet | $0.50 per square foot | ||
Any remaining portion over 100,000 square feet | $0.32 per square foot | ||
Commercial plan review | $0.02 per square foot | ||
Review and/or inspection fee: alterations or miscellaneous work | $200 minimum or $0.50 per square foot | ||
Detached accessory buildings | $30 or $0.10 per square foot, whichever is greater | ||
Kiosks, temporary | $45 | ||
Kiosks, permanent | $250 | ||
Temporary storage units | $100 | ||
Certificate of occupancy | |||
First 1,000 square feet | $200 | ||
Each additional 1,000 square feet or part thereof | $20 | ||
Certificate of compliance | $50 | ||
Open decks: Up to an including 150 square feet | $25 minimum | ||
Over 150 square feet | $25 + $10 for each additional 100 square feet or part thereof | ||
Roofing with insulation change | $100 + $0.02 per square foot | ||
Solar | $0.10 per square foot of array | ||
Miscellaneous.
[Added 9-19-2018 by L.L. No. 7-2018; amended 7-17-2019 by L.L. No. 3-2019]
Type | Fee | |
|---|---|---|
Demolition permits: | ||
Commercial buildings | $200 | |
Residential buildings | $100 | |
Swimming pools: | ||
Aboveground | $30 | |
In-ground | $50 | |
Permanent signs | $45 + $1 per square foot | |
Temporary signs and advertising devices | $45 + $1 per square foot | |
Commercial tents not to exceed 20 days no more than three times a year | $100 | |
Zoning compliance letter | $100 | |
Zoning and building safety compliance letter | $250 | |
Flood development fee | $100 | |
Firesafety and property maintenance inspections. Fees are assessed per building per tax parcel. Mixed occupancy fees are applied per occupancy designation; in the event that a building contains an area of public assembly, the public assembly fees apply for the entire building.
[Amended 12-11-2022 by Res. No. 102-2024]
Type | Fee | ||
|---|---|---|---|
One to three family units | $300 | ||
Multifamily four units and above with common area | $300 + $30 per unit after three units | ||
Multifamily occupancies without a common area | $300 + $15 per unit after three units | ||
Commercial buildings except those containing an area of public assembly: | |||
0 to 5,000 square feet | $300 | ||
5,001 to 10,000 square feet | $300 + $0.01 per square foot | ||
10,001 to 100,000 square feet | $300 + $0.005 per square foot | ||
100,001 square feet + | $900 + $0.0025 per square foot | ||
Commercial buildings containing an area of public assembly: | |||
0 to 5,000 square feet | $300 | ||
5,001 to 10,000 square feet | $300 + $0.005 per square foot | ||
10,001 to 100,000 square feet | $300 + $0.0025 per square foot | ||
100,001 square feet + | $500 + $0.00125 per square foot | ||
Operating permit fee | $75 | ||
Site permits.
Type | Fee | ||
|---|---|---|---|
Flood development permit | $100 per acre or part thereof | ||
Site grading permit | $100 minimum or $100 per acre or part thereof | ||
Sewer permit | |||
Residential | $50 | ||
Commercial | $100 | ||
Septic permit | $50 | ||
Driveway permit | $25 | ||
Fence permit | $50 | ||
Construction inspection. When, at the discretion of the Town Code Enforcement Officer or the Town Engineer, it is determined that an independent construction inspection or services for site work, exterior utilities and appurtenances are required to ensure compliance with the requirement for Town codes and other Town policy, an additional fee will be assessed to the applicant to compensate for the charge incurred by the Town. A prepaid fee will be established by the Town Board based on the current hourly inspection rate schedule approved by the Town Board.
Reinspection fees.
Reinspection fee, each: $75.
A reinspection fee is payable in the following circumstances:
When a request is made for inspection, an inspector responds to the site and the work is not ready to be inspected.
When an inspection is made, corrective measures are directed by the inspector, a schedule is established for reinspection, a reinspection (free of charge) is made but defective work is not properly corrected and a still further inspection is necessitated.
When an approved plan is deviated from in the field, the deviation is discovered by an inspector and reinspection is necessitated to confirm that the work conforms to the original plan.
When work is performed in phases and more than one inspection is required before the work is approved; a maximum charge of $25 would apply for each such inspection.
Application to Zoning Board of Appeals.
Applicants appearing before the Zoning Board of Appeals, upon payment of the designated fee, are entitled to only one "no-show" at a Zoning Board of Appeals meeting, unless otherwise adjourned by said Zoning Board; and after that the applicant must reapply and pay the designated fee.
Zoning Text or Map amendment: application to Town Clerk.
Request for amendment to the Zoning Law, Text or Map amendment: $5,000.
Request for a paper copy of the Zoning Law from the Town Clerk: $50.