HomeMy WebLinkAboutLL 05 of 2004 Fee Schedule.pdfAdopted May 10, 2004 by Town Board Resolution No. 2004-080
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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dealing with fees that are superseded by the enactment of this local law.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
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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.