Roslyn Harbor City Zoning Code
ARTICLE XIII
Fees
§ 275-64 Changes in fees, deposits and insurance.
[Added 4-7-2005 by L.L. No. 2-2005]
Notwithstanding any other provision of law, the Board of Trustees may, from time to time, by resolution, amend or change any fee described in this Article XIII of the Zoning Code of the Incorporated Village of Roslyn Harbor or add any additional fee for any matter in the discretion of the Board of Trustees. Any fee so established or changed or amended may thereafter be established, changed, or amended by resolution of the Board of Trustees, and any such fee so established, changed or amended shall supersede any previous fee established for the same item or application. The Board of Trustees may, from time to time, establish and amend the schedule of required insurance policies for such applications to the Village and the Village's boards, departments, committees and commissions as the Board may deem appropriate. All such insurance, unless otherwise provided by resolution of the Board of Trustees, shall be issued by companies authorized to do business within the State of New York.
§ 275-65 Fees to be submitted with application.
Upon application for any development review, as provided for in this chapter, the applicant shall provide a nonrefundable fee in the form of a check or money order made payable to the Village of Roslyn Harbor to the Village Clerk in the amount specified in this article (Article XIII). No application shall be accepted for review unless such fees are paid in full.
§ 275-66 Reimbursable costs by Village.
On all applications to the Board of Trustees, Zoning Board of Appeals and Planning Board, except a request for the renewal of a variance or permit relating to a single-family residential use, a request for a sign permit or a request for a temporary structure permit, the applicant shall be liable to the Village for and shall pay the following costs and fees which may be incurred by the Village in processing the application, which costs and fees shall be consistent with the costs and fees for the services then prevailing in the community:
§ 275-67 Filing fees for Zoning Board of Appeals review.
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of the application to the Zoning Board of Appeals for the following review:
§ 275-68 Filing fees for Planning Board review.
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of the application for review to the Planning Board for the following review:
§ 275-69 Filing fees for Board of Trustees review.
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of an application to the Board of Trustees for the following review:
§ 275-70 Fees for Building Inspector review.
The fees set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code shall be paid to the Village Clerk upon filing of an application to the Building Inspector for the following permits or certificates:
A.
Building permit. The amount of the building permit fee shall be based upon the estimated cost of the construction as supplied by the applicant utilizing habitable floor space as the basis. In the event that the actual cost of construction exceeds the estimate contained upon the building permit, the applicant shall, at such time as may be fixed by the Building Inspector, but prior to the issuance of a certificate of occupancy, pay to the Village an amount sufficient to pay the building permit fee computed upon the actual construction costs.
B.
Temporary structure permit.
C.
Sewage disposal approval.
D.
Sewage system inspection.
E.
Sign permit.
F.
Certificate of occupancy.
G.
Temporary certificate of occupancy.
H.
Fence permit.
I.
Cesspool permit.
J.
Streets.
§ 275-71 Deposits.
[Amended 4-5-2001 by L.L. No. 3-2001; 4-7-2005 by L.L. No. 2-2005]
In addition to the filing fees required under §§ 275-67 through 275-70 of this chapter, initial deposits are hereby established and required for applications to the Board of Trustees, Planning Board and Zoning Board of Appeals to defray the actual costs, expenses and fees which have been necessarily and actually incurred by the Village. The amount of the required deposit shall be as set forth on the Schedule of Fees in Chapter 125, Fees and Deposits, of the Village Code.
§ 275-72 Replenishment of deposits.
[Amended 4-7-2005 by L.L. No. 2-2005]
A.
If the remaining deposit, after deducting from the initial deposit and any subsequent deposits the reasonable costs incurred by the Village in connection with an application, falls below 20% of the initial deposit, the appropriate board shall require that the applicant pay additional funds to the Village up to 100% of the initial deposit together with any deficiency so that there are sufficient funds available for the Village to reimburse itself and pay other expenses incurred by it in connection with such application. This shall be done as often as required until the conclusion of the particular application.
B.
No review shall be undertaken or continued by the Village, its attorneys or any consultants retained by it, or the matter scheduled before any board, until the initial deposit and any replenishment required herein are paid to the Village.
C.
In the event that an applicant shall withdraw its application at any stage of the proceedings or when the application review and approval process has been completed, the balance of funds in the applicant's account shall be either remitted to the applicant within six months after the filing of the final determination by the board or, if so directed by the applicant, shall remain on deposit as the applicant's initial payment during any post-approval inspection or other requirement.
D.
The applicant shall be responsible for all fees incurred in connection with the application, notwithstanding that the deposits may be insufficient to pay for said fees and expenses.
§ 275-73 Additional costs; refunds and unclaimed deposits.
A.
In the event that the amount of the deposit required in § 275-71 is insufficient to cover the costs as set forth in this article (Article XIII), then the applicant shall at such time as may be fixed by the applicable board or administrative official, as the case may be, deposit with the Village an amount sufficient to defray the additional costs. In the event the amount of the deposit shall exceed said costs at the conclusion of the particular application, the unused portion of the deposit shall be returned to the applicant, provided that the applicant shall within six months thereof file with the Village Clerk a written 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.
B.
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 required hereunder shall have been paid. No subdivision bond may be discharged until all costs as provided herein shall have been paid.