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HomeMy WebLinkAboutLL 05 of 2004 Fee Schedule.pdfAdopted May 10, 2004 by Town Board Resolution No. 2004-080 1 TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2004 A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK, BUILDING, ZONING, ENGINEERING, PLANNING, PERMITS, AND OTHER FEES AND AMENDING PROVISIONS OF THE FREEDOM OF INFORMATION RESOLUTION AND BUILDING CODE ENFORCEMENT LAW RELATED THERETO Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. PURPOSE. The purposes of this local law include the following: 1. To revise the fees charged by the Town for various activities regulated by the Town or for various services performed by the Town including fees for permits and licenses issued by the Town Clerk, fees for permits or certificates issued by the Building Code and Zoning Enforcement Officer, Town Engineer, Town Planner, and other Town officials, and the fees for processing applications for variances, approvals, and similar matters requiring publication or board action; and 2. To establish fees for other services, which fees have not been previously charged; and 3. To amend or repeal provisions of other Town laws, ordinances or resolutions dealing with fees that are superseded by the enactment of this local law. To the extent that this local law contains provisions inconsistent with any prior local law, ordinance or resolution of the Town of Ithaca, the provisions of this local law shall govern. Section 2. FEES AND CHARGES. The following fees and charges are established in the Town of Ithaca for the following permits, licenses, services, applications and other matters set forth below: 1. FEES PAYABLE TO THE TOWN CLERK FOR LICENSES AND SEARCHES ISSUED BY THE TOWN CLERK. The following fees are established in the Town of Ithaca for licenses and searches. (a) Fee for marriage license together with certificate of marriage issued in conjunction with marriage license pursuant to Sections 15 and 14-a of the Domestic Relations Law $40.00 Adopted May 10, 2004 by Town Board Resolution No. 2004-080 2 (b) Certificate of marriage pursuant to Domestic Relations Law, Section 14-a(2) $10.00 (c) Marriage Transcript (duplicate Certificate of Marriage) $10.00 (d) Dog licenses pursuant to Section 110 of the Agriculture and Markets Law (including the portion of the fee payable to the State) $8.50 for spayed and neutered dogs; $16.50 for unspayed and unneutered dogs (e) Purebred licenses $40.00 for ten dogs or fewer; $75.00 for eleven to twenty- five dogs; $125.00 for more than 25 dogs (f) Tax searches $5.00 for one-year search 2. FEES PAYABLE TO THE TOWN CLERK PURSUANT TO THE FREEDOM OF INFORMATION LAW. The following fees shall be charged by the Town Clerk for the provision of copies or other items pursuant to the Freedom of Information Law or pursuant to any other law, rule or regulation where no other fee or charge is specifically provided: (a) Copies Generally. The Clerk shall upon request make a copy or copies of any record that is made available and which can be copied on the Town of Ithaca copying equipment upon the payment of $.20 per page after the first five pages (first five pages free) of a letter or legal size document. All copies of pages larger than 8 ½ inches by 14 inches up to 11 inches by 17 inches shall be at $.25 per page. Copies of CD’s containing digital versions of certain Town documents, if made available, shall be provided upon payment of $5.00 per CD. Copies of recorded cassette tapes, if made available, shall be provided upon payment of $5.00 per tape. Adopted May 10, 2004 by Town Board Resolution No. 2004-080 3 Any documents, tapes, maps, papers, aerial photos, etc. which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying. (b) Copies of certain documents. Notwithstanding the foregoing, the Clerk shall provide copies of certain documents (Zoning Ordinance, Noise Regulations, Comprehensive Plan, etc.) and maps (larger than 11 inches by 17 inches) upon payment of the actual costs of copying. (c) Postage. If the requestor requests that copies of documents be mailed to the requestor there shall be added to the costs of copying the actual postage costs for documents heavier than one ounce (up to one ounce free). This provision for reimbursement of postage costs shall in no way obligate the Town to mail any documents. Such mailing shall be in the sole discretion of the Clerk. (d) Certification. The Town Clerk shall, upon request, certify that a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a true copy. (e) Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and maintain duplicate copies of such receipts for the Town records. 3. OTHER MISCELLANEOUS FEES PAYABLE TO THE TOWN CLERK. The following additional fee is established in the Town of Ithaca: Checks returned $15.00 per check Adopted May 10, 2004 by Town Board Resolution No. 2004-080 4 4. BUILDING AND FOUNDATION PERMIT FEES. (a) Building permit fees shall be computed on the basis of the value of the improvement to be constructed as follows: Value of Improvement Fee $1 - $2,500.99 $25.00 $2,501 - $5,000.99 $35.00 $5,001 - $10,000.99 $45.00 $10,001 - $20,000.99 $60.00 $20,001 - $30,000.99 $70.00 $30,001 - $50,000.99 $100.00 $50,001 - $100,000.99 $200.00 $100,001 - $150,000.99 $350.00 $150,001 - $250,000.99 $550.00 $250,001 - $350,000.99 $700.00 $350,001 - $500,000.99 $850.00 $500,001 - $750,000.99 $1,000.00 $750,001 - $1,000,000.99 $1,500.00 $1,000,001 - $2,500,000.99 $2,000.00 $2,500,001 - $5,000,000.99 $4,000.00 $5,000,001 - $10,000,000.99 $6,000.00 $10,000,001 - $20,000,000.99 $8,000.00 Over $20,000,000.99 $.50 for each $1,000 of improvement value, minimum fee $10,000 (b) The renewal fee for a building permit shall be the greater of $50.00 or 25% of the original building permit fee. (c) The fee for the issuance of a foundation permit shall be the greater of $100.00 or 25% of the building permit fee, calculated on the estimated full value of the entire building. The fee is not refundable and is not credited against the fee for the building permit for the entire building. 5. FEES FOR CERTIFICATES OF OCCUPANCY (a) The fee for the issuance of a temporary certificate of occupancy related to a building permit (six months maximum) shall be the greater of $25.00 or 50% of the building permit fee. (b) The fee for the issuance of a certificate of occupancy for an existing building shall be $100.00. (c) There shall be no additional fee for the issuance of a final certificate of occupancy related to a building permit. Adopted May 10, 2004 by Town Board Resolution No. 2004-080 5 6. FEES FOR OPERATING PERMITS AND CERTAIN INSPECTIONS. (a) The fees for the issuance of an Operating Permit required pursuant to Local Law No. 1 of the year 1981 as the same has been subsequently amended shall be as follows: (i) Fees for uses other than $100.00 per building multiple residences (ii) Fees for multiple residences shall be as follows: (A) Three to five dwelling $50.00 per building units in each building (B) Six to ten dwelling $100.00 per building units per building (C) Eleven dwelling units $150.00 per building or more per building (b) The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by State law or other regulation, such as required annual inspections of areas of public assembly (fire safety), shall be $50.00, plus $30.00 per hour after the first hour for the time the Inspector spent traveling to make the inspection, making the inspection, and preparing any related documentation and certifications relating to such inspection. The fee for a reinspection shall be $50.00, plus $30.00 per hour after the first hour. (c) If an inspection is being conducted by the Inspector for the issuance of an operating permit at the same time as an inspection is being conducted for fire safety purposes by the same Inspector to meet the requirements for inspections of areas of public assembly, the cost of the operating permit shall be credited against any fees that may be payable for such other inspection. 7. SIGN PERMIT FEES. The application fee for a sign shall be $20.00, and in addition thereto the sum of $2.00 for each square foot of area of such sign. 8. ZONING, SUBDIVISION, SEQRA, BOARD OF APPEALS, AND DEVELOPMENT APPLICATION FEES. (a) Miscellaneous Provisions. (i) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall hold no public hearing nor take any action to endorse or Adopted May 10, 2004 by Town Board Resolution No. 2004-080 6 approve any application until all applicable fees have been paid to the Town. (ii) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building/Zoning Department. Such fees shall be collected by the Town Clerk or the Town Clerk’s designee who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. (iii) All Application Fees paid to the Town in accordance with the fee schedule shall be non-refundable unless miscalculated. No funds paid to the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. (b) Application Fees and Public Hearing Fees. (i) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application Fees set forth below (the “Fee Schedule”) to cover expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, processing of the application by planning, engineering and/or building and zoning personnel, the cost of professional services, including but not limited to engineering, planning, legal, and other expenses incurred by the Town in its review of the submitted application material for Preliminary and/or Final Subdivision or Site Plan Approval or other approvals, and inspection of on or off site improvements. (ii) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50.00 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal. Such $50.00 fee is included in the Fee Schedule set forth below as part of the application fee (e.g. an application fee of $200.00 includes the Public Hearing Fee of $50.00). (iii) If the hearing continues for more than one meeting necessitating republication and/or re-noticing, an additional Public Hearing Fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an Agenda Processing Fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees, Adopted May 10, 2004 by Town Board Resolution No. 2004-080 7 additional Public Hearing Fees or additional Agenda Processing Fees may be waived with respect to any subsequent meetings, particularly if the continuation was necessitated by actions of the Town officials and not by the applicant. (iv) In the case of Subdivision or Site Plan applications, the Planning Board, or the person designated to collect application fees, in its discretion, may waive the fee for a Final Plat or Plan in those circumstances where Final Plat or Plan Approval is given simultaneously with Preliminary Plat or Plan Approval. In these cases, only the Preliminary Plat or Plan fee would be charged. (v) As part of the application for Preliminary Site Plan Approval, a preliminary estimate of the cost of improvements shall be provided by the applicant’s Licensed Professional Engineer or Registered Architect, along with the other items required for a Preliminary Site Plan application as set forth in the Town of Ithaca Zoning Ordinance. (vi) As part of the application for Final Site Plan Approval, a revised estimate of the cost of improvements shall be provided by the applicant’s Licensed Professional Engineer or Registered Architect, along with the other items required for final Site Plan application as set forth in the Town of Ithaca Zoning Ordinance. (vii) In the case of site plan applications, the terms “cost of improvements”, “improvement cost” or “project cost” shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading, roads, drainage improvements, sewers, water lines, buildings and any other improvement of any nature whatsoever to be constructed by the applicant. Such terms exclude land acquisition costs, architect fees, engineering fees and other similar non-construction costs. (viii) The estimates provided with the preliminary or final application shall be used to determine the required fee as set forth in the Fee Schedule. (ix) An estimate of the cost of improvements provided by the applicant and not by a Licensed Professional Engineer or Registered Architect may be accepted when in the judgment of the Town Engineer and/or the Town Planner, such estimate is reasonably accurate. The Town Engineer and/or the Town Planner may adjust such estimate and the estimate as so revised by the Town Engineer or Town Planner shall be used to determine the required fee. (x) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. Adopted May 10, 2004 by Town Board Resolution No. 2004-080 8 (xi) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application. When the rezoning is referred to the Planning Board for recommendation, the fee for Preliminary Site Plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves an application for rezoning upon recommendation by the Planning Board, and when specific development is proposed, the fee for Final Site Plan review shall be paid to cover the costs of further review by staff and the Planning Board. (xii) In the case of applications for Special Approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted with the initial application. If the application is referred to the Planning Board for a recommendation, the required fee for Preliminary Site Plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Zoning Board of Appeals. If the Zoning Board of Appeals approves an application for Special Approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review, the fee for Final Site Plan review shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. (xiii) In the case of applications for Special Permit, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Planning Board shall be submitted with the initial application. If an application is submitted for Special Permit at the same time as an application for Site Plan Approval is submitted, the fees for Site Plan Approval will be paid without any fees required for Special Permit. (xiv) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. (c) SEQRA – Related Fees. (i) In addition to the fees required as stated in the Fee Schedule, the fees for review or preparation of an Environmental Impact Statement Adopted May 10, 2004 by Town Board Resolution No. 2004-080 9 involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than those established in 6 NYCRR 617.13. The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fee set forth in this section. (ii) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. Adopted May 10, 2004 by Town Board Resolution No. 2004-080 10 TOWN OF ITHACA FEE SCHEDULE Application Type Town Fee Schedule Subdivision Review: Initial Application (Sketch): 1-10 new lots * (without new roads or public utilities) All Others $100.00 plus $2 / lot Preliminary Plat: 1-10 new lots * (without new roads or public utilities) All Others $100.00 plus $40 / lot Final Plat:(50% of Preliminary Plat fee) Plats / Replats whose sole purpose is to dedicate land for public use - - - - - no charge Plat Reaffirmations $100.00 plus $5 / lot Site Plan Review: Initial Application (Sketch):$100.00 Preliminary Site Plan: Estimated Project Cost $1 - $10,000.99 $200.00 $10,001 - $25,000.99 $250.00 $25,001 - $50,000.99 $300.00 $50,001 - $100,000.99 $350.00 $100,001 - $250,000.99 $400.00 $250,001 - $500,000.99 $500.00 $500,001 - $1,000,000.99 $750.00 $1,000,001 - $2,500,000.99 $1,000.00 $2,500,001 - $5,000,000.99 $1,500.00 $5,000,001 - $10,000,000.99 $2,000.00 $10,000,001 - $20,000,000.99 $2,500.00 Over $20,000,000.99 $3,000.00 Projects With Interior Work Only $250.00 Final Site Plan:(50% of Preliminary Site Plan fee) Rezoning / Zoning Amendment:$175.00 plus pertinent site plan fees Special Approval / Special Permit $100.00 Area & Use Variances $100.00 Sign Appeal $100.00 Additional Meeting Fees: Agenda Processing $30.00 Public Hearing Processing $50.00 $100.00 $100.00 plus $20 / lot Note: * Number of lots is the number that would exist after subdivision Adopted May 10, 2004 by Town Board Resolution No. 2004-080 11 9. FEE FOR FILL PERMITS. Fill Permits shall be issued only upon the payment by the applicant for same of the following fee: a) There shall be a fee of $100.00 for a fill permit issued by the Town Engineer pursuant to Section 2602 of the Zoning Ordinance. Additional fees, as specified in Section 8 of this law, may apply if Zoning Board of Appeals and/or Planning Board approval is necessary. 10. AMENDMENTS. The foregoing charges may be changed by local law. 11. TRANSITION PROVISIONS. (a) Site Plan or Subdivision Review applications that are pending as of the effective date of this law shall be subject to the following provisions. The fees in effect when the application was filed shall apply to the pending stage of review (initial, preliminary, or final). The fees set forth in this law shall apply to any further stages of review. Any fee balance that exists after completion of the pending stage of review shall be applied towards the fee for the next stage of review. (b) Projects that have completed the review process but are still under construction as of the effective date of this law shall be billed for stormwater construction inspections for up to nine (9) months after the effective date of this law. The stormwater construction inspection fees shall be determined pursuant to the fee provisions that were in effect when the review process was completed. Section 3. REPEAL OF LOCAL LAW 10 OF THE YEAR 1994. Local Law No. 10 for the year 1994 is repealed. Section 4. AMENDMENT OF FREEDOM OF INFORMATION RESOLUTION. Paragraph (G) entitled “Fees” of the Resolution of the Town Board dated February 12, 1990 amending prior resolutions on Freedom of Information and setting forth fees to be charged for various documents and services and procedures related thereto is repealed, and the following paragraph inserted in its stead: “G. Fees. The Clerk shall charge such fees and provide such services as are set forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fees, including, without limitation, the local law regarding same adopted on or about May 10, 2004, to be effective May 30, 2004, as the same may have been subsequently amended.” Section 5. AMENDMENT OF BUILDING CODE ENFORCEMENT LAW. Local Law No. 1 of the year 1981 as amended various times, including the amendments made by Local Law No. 14 of the year 1987, by Local Law Nos. 5, 6 and 8 of the year 1990, and by Local Law No. 9 of the year 1991, is further amended as follows: Adopted May 10, 2004 by Town Board Resolution No. 2004-080 12 1. Section 5.A.2.(i) is amended to read as follows: “(i) The building permit fee as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution.” 2. The first sentence of Section 5.A.8.(iii) is amended to read as follows: “(iii) a renewal fee is paid as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution.” The rest of Section 5.A.8.(iii) remains unamended. 3. Section 5.A.9.(j) is amended to read as follows: “The fee for the issuance of a foundation permit shall be as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution.” 4. Section 5.C.2.(j) is amended to read as follows: “The fee for the issuance of a temporary certificate of occupancy shall be as specified in any applicable Town of Ithaca local law, ordinance, rule or regulation.” Section 6. INVALIDITY. If any provision of this law is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 7. EFFECTIVE DATE. This law shall take effect on May 30, 2004.