RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING VARIOUS SECTIONS OF THE ZONING LAW TO MAKE REFERENCE TO THE ADOPTION OF AN APPLICATION FEE SCHEDULE
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, March 2, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. Currently the Zoning Law provides for certain application fees that have not been amended or updated since the 1980s. It is the intent of the local law to amend various sections of the Zoning Law to make reference to the adoption of an application fee schedule by resolution of the Board of Trustees, which may be reviewed and updated from time to time.
Section 2. Amendment. Section §7-710 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 7-710 Building permit and Certificate of Occupancy/Compliance: fee
Every application for a building permit shall include an estimate of the cost of the proposed building or structure. A fee to accompany each application shall be charged based upon the estimated cost, at the following rates:
- If the cost does not exceed $5000 the fee shall be $150
- If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250
- If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500
- If the cost exceeds $75,000 the fee shall be $850
Before a Certificate of Occupancy is issued, the applicant or owner shall be required to file the tax assessor’s final cost of completion computed from the increase of assessed valuation, if any. If such final cost exceeds the estimated cost an appropriate adjustment shall be made in the fee any additional amount shall be paid. In no event shall nay building permit fees be refunded.
Every application for a building permit or a certificate of occupancy/compliance shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.
Section 3. Amendment. Section §7-716 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 7-716; Other Fees
Not withstanding any other provisions of this local law, fee payable to the Village for applications and appeals or concerning any matter, will be set from time to time by the Board of Trustees.
Unless a fee is otherwise expressly stated in the Zoning Law, all applications made under the Zoning Law, including but not limited to applications to the Planning Board, Board of Appeals, Architectural Review Board and Building Inspector, shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution. In addition, all applications shall be subject to the provisions of “Local Law 1 of 2016 Requiring reimbursement of Application Expenses and Consulting and Professional Fees.”
Section 4. Amendment. Section §7-718C of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 7-718C. Demolition Permit; fee
Every application for a demolition permit shall include an estimate of the cost of the proposed demolition, alteration or removal of the existing structure or portion of structure. A fee to accompany each application shall be charged based upon the estimated cost at the following rates:
- If the cost does not exceed $5000 the fee shall be $150
- If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250
- If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500
- If the cost exceeds $75,000 the fee shall be $850
Every application for a demolition permit shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.
Section5. Authority. The proposed local law is enacted pursuant to Village Law §7-714 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(4)(b).
Section 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 7. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, March 2, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK