HomeMy WebLinkAboutLL 03 of 1990 Fees Related to Zoning {Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
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of...................................Ithaca
own ...............................................»»».....»»...........»».»„
LocalLaw No...................„3....................................of the year 29 r 90...
A local law„AMENDING THE ZONING ORDINANCE ANDSETTING FORTH CERTAIN �.
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FEES RELATING TO THE ZONING ORDINANCE OF THE TOWN OF ITHACA
Be It enacted by the Town Board „,of the
..................................................».........„»..„„..»......»»»....................»».
(tt■■.s d L■atd■ths Holt)
4rfoown .......».......»»».................„......................I.I thaca................................».„.»...»».....................»..as follows:
Pursuant to Section 130 of the Town Law of the State of New York and
Section 268 of the Town Law of the State of New York, the Town Board
of the Town of Ithaca does ordain and enact as follows:
Section 1. Territory covered by ordinance. This ordinance shall be
applicable to all territory within the Town of Ithaca outside the
incorporated Village of Cayuga Heights.
Section 2. Amending of Prior Ordinance. This ordinance amends the
Town of Ithaca Zoning Ordinance as re-adopted, amended and revised
effective February 26, 1968 and as subsequently amended as follows:
(a) Said Zoning ordinance is amended by deleting the current
Section 84, and inserting a new Section 84, entitled "Fees” reading as
follows:
Section 84. Fees.
1. Miscellaneous provisions.
(a) The Town Board, Planning Board, or Zoning Board of Appeals,'
as applicable, shall hold no public hearing nor take any
action to endorse or approve any application until all
�”(if additional space is needed,please attach sheets of the same size as this and number each)-tom
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applicable fees and reimbursable costs have been paid to the
Tt&m with receipt therefor provided to the respective Board
except if costs are deposited in escrow as hereinafter set
forth, action may commence unless the amount in escrow is
found to be inadequate and the applicant has not replenished
the escrow account. In that event further action by any
board shall be suspended until the applicant has deposited
the appropriate amount back in the escrow account.
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. When an escrow deposit is required, if there
exists any question as to the required amount of escrow, the
officer collecting the fees shall consult with the Tom
Engineer, whose calculation of sane shall be final. 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.
(c) All Application Fees paid to the Town in accordance with the
fee schedule shall be non-refundable unless miscalculated.
Except for unexpended escrow amounts or miscalculated fees,
no funds paid to or deposited with 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.
(d) For purposes of calculating fees, if the proposal involves a
dormitory, two bedrooms shall constitute one dwelling unit.
2. Building permit fees.
(a) The fees for a building permit shall be as set forth in
Section 75 of this ordinance.
3. Application fees and Public Hearing Fees.
(a) A nonrefundable fee shall be paid along with each
application as set forth in the Fee Schedule of Application
and Review 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, and preliminary processing of the
application by planning and/or engineering personnel.
M 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 initial application fee (e.g. an application
fee of $100.00 includes the Public Hearing Fee of $50.00).
(c) If the hearing continues for more than one meeting
necessitating re-publication 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 meting at which the matter is continued
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without a public hearing. In the discretion of the Town
Board, Planning Board, or Zoning Hoard of Appeals, as the
case may be, or the person designated to collect application
fees, 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.
(d) The above fees may be waived in whole or in part, or may be
modified by the Town Supervisor, the Town Planner, or the
Town Engineer for good cause shown.
(e) In the case of Subdivision or Site Plan applications, the
Planning Board, in its discretion, may waive the fee for a
final plat in those circumstances where Final Plat or Plan
Approval is given simultaneously with Preliminary Plat or
Plan Approval.
4. Review Fees.
(a) A Review Fee shall be paid as set forth in the Fee Schedule
set forth below. Such Fee is intended to cover part of 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 materials for Preliminary and/or Final
Subdivision or Site Plan Approval.
(b) When the Review Fee set forth in the Fee Schedule is
calculated on a per lot or per unit basis the Review Fee is
non-refundable unless dencxninated as an amount to be placed
in escrow.
" (c) When the Review Fee is stated in the Fee Schedule to be the
Actual Cost of Review, the Review Fee shall be such actual
cost of conducting the review as determined and billed by
the Town. The basis for calculating such cost shall be the
actual costs to the Town for independent consultant
services, legal services, engineering services, planning
services and/or any other services or expenses of outside
consultants plus an amount intended to reimburse the Town
for the time of Town staff (Engineering, Planning, Legal,
Highway Superintendent, and others) devoted to reviewing the
proposals. The amount charged for Town staff shall be
determined by multiplying the number of hours devoted to the
proposal times hourly rates as determined frau time to time
by the Town Board for various staff positions.
(d) An escrow agreement providing for the deposit of the amounts
set forth in the Fee Schedule in the form directed by the
Town shall be executed by the applicant and the deposit made
in the amount set forth in the Fee Schedule. Sums so
deposited and not utilized in the review process shall be
returned to the applicant within a reasonable period of time
after the adoption of the last resolution finally disposing
of the application (whether by granting or denial of the
application). At the time of such return, and if no funds
are due, at the time of final disposition of the application
the Town will provide an accounting of the expenses charged
to the escrow account.
(e) If the review costs are estimated to exceed the amount so
deposited and additional fees are deemed necessary, the
applicant shall be notified of the required additional
amount by the Tam Engineer and shall add such sum to the
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escrow account.
(f) If, in the judgement of the Town Engineer, the deposit
provided for herein exceeds the anticipated reasonable
review costs, the Tom Engineer may adjust the deposit to
reflect the anticipated review cost.
(g) Unexpended escrow funds deposited as part of the Review Fee
may be credited against deposits due for the Inspection Fee,
where such is required, upon the filing of an application
for site development or the construction of improvements.
(h) For purposes of determining the amount of escrow the
following shall apply:
i) As part of the application for Preliminary
Subdivision or Preliminary Site Plan Approval, a
preliminary estimate of the cost of improvements
shall be provided by the applicant's Licensed
Professional Engineer along with the other item
required for a Preliminary Subdivision or
Preliminary Site Plan Application as set forth in
the Town of Ithaca Subdivision Regulations and the
Town of Ithaca Zoning Ordinance.
As part of the application for Final Subdivision
or Final Site Plan Approval, a revised estimate of
the cost of improvements shall be provided by the
applicant's Licensed Professional Engineer along
with the other items required for final
subdivision application as outlined in the Town of
Ithaca subdivision Regulations and the Town of
Ithaca Zoning Ordinance.
(iii) in the case of subdivision applications, the terms
"cost of improvements", 11j1Wrov(3TMt costol or
"project cost" shall mean the costs of
construction of all general site improvements
(whether on or off the specific site involved) to
be constructed by applicant such as grading,
roads, drainage improvements, sewers, water lines,
and other similar item but excluding the cost of
dwelling units to be constructed on the
subdivision lots. In the case of site plan
applications such terms 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
applicant. In both cases such term exclude land
acquisition costs, architects fees, engineering
fees and other similar non-construction costs.
iv) The estimates provided with the preliminary or
final application shall be considered, along with
the other items of application and anticipated
review costs, in determining the amount of review
fee escrow.
V) An estimate of the cost of improvements provided
by the applicant and not by a Licensed
Professional Engineer may be accepted when in the
judgement of the Town Engineer, such estimate is
reasonably accurate. The Town Engineer may adjust
such estimate and the estimate as so revised by
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the Town Engineer shall be the basis of the escrow
deposit calculation.
vi) In no event shall an escrow account be established
with less than a $200.00 deposit, which amount
shall be a minimum regardless of the amounts
calculated pursuant to the Fee Schedule.
M In the case of clustered subdivision applications, the fees
set forth for subdivisions shall apply.
(j) 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 sutmitted with the
initial application. When the rezoning is referred to the
Planning Board for recommendation, the fee for Site Plan
Review - Preliminary Plan shall be paid prior to any further
review of the general plan by the Planning Board and prior
to any recaurendation by the Planning Board to the Town
Board. If the Town Board approves an application for
rezoning upon recomendation by the Planning Board, and when
specific development is proposed, the fee for Site Plan
Review - Final Plan shall be paid to cover the costs of
further review by staff and the Planning Board.
(k) 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 suhnitted with the initial application. If the
application is referred to the Planning Board for
recommendation, the fee required for Site Plan Review -
Preliminary Plan shall be paid prior to any further review
of the general plan by the Planning Board and prior to any
recomTendation by the Planning Board to the Zoning Board of
Appeals. If the Zoning Board of Appeals approves an
application for Special Approval upon reccmmendation by the
Planning Board, and when specific development is proposed
requiring further review, the fee for Site Plan Review
Final Plan 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.
5. SEAR-Related Fees.
(a) In addition to the fees required as stated in the Fee
Schedule, the fees for review or preparation of an
Environmental impact Statement 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 Tom 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 that established in 6 NYCRR 617.17. The Town
Supervisor, Building Inspector, Planner, or Engineer may
require, prior to the ommencement 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 fees set forth in this section.
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6. Inspection Fees.
(a) In addition to the fees provided for herein, where the
inspection of on or off-site improvements or development is
required, the applicant shall reimburse the Town for the
actual cost to the Town of all engineering, planning,
highway inspection, legal, consulting, clerical and other
expenses incurred by the Town during the process of
inspection and review of the completion of site improvements
and the fulfillment of any requirements of any regulation or
resolution pertaining to development projects which have
been granted Final Subdivision or Site Plan Approval. The
costs so incurred shall be determined by the Town and billed
to the applicant. The basis for calculating such costs
shall be the same as set forth above with reference to
Review Fees.
(b) An escrow agreement providing for the deposit of the amounts
set forth in the Fee Schedule in the form directed by the
Town shall be executed by the applicant and the deposit made
in the amount set forth in the Fee Schedule to cover the
cost of inspections and compliance review incurred:
( i) after final approvals have been given,
( ii) in the course of building permit issuance,
(iii) during the course of construction of any
improvements including buildings, roads, and other
improvements, and
( iv) during the course of issuing any certificates of
compliance or occupancy.
(c) Along with any application for final approval of site
improvements and development'construction plans where such
final approval of such plans is required, an estimate of the
cost of improvements shall be provided by the applicant's
Licensed Professional Engineer in similar manner as the
estimate is provided for the escrow for the review fees.
This estimate shall be used along with the other iters
included in the application and in the prior review process
in determining the amount of inspection escrow. The
developer shall make the required inspection escrow deposit
prior to any final approval of said site improvement and
development construction plans and prior to the carmencwmt
of construction of any of such improvements.
(d) All of the provisions regarding escrow accounts for Review
Fees shall be applicable to the escrow accounts for
Inspection Fees including authority to the Town Engineer to
waive the requirement that the cost of improvements be
prepared by a Licensed Engineer, and to increase or decrease
the required escrow amount, the definitions of costs of
improvements, and the $200.00 minimum deposit.
(e) The inspection fee shall in no case be less than $100.00.
(f) The inspection fee may be included as a portion of a letter
of credit or performance guarantee, where applicable.
(g) Where applicable or where required, no final acceptance of
proposed public improvements, and no final approval of site
construction or site improvements shall be made and no
Certificates of occupancy shall be issued until all
Inspection Fees have been paid or fully escrowed.
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(h) The Town shall return any balance of the deposit to the
applicant upon final acceptance of proposed public
improvements and/or final acceptance of subject site
improvements together with an account of all expenses
charged to the escrow fund.
Section 3. Partial Invalidity. In the event any portion of this
Ordinance is declared invalid by a court of canpetent jurisdiction,
the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 4. Effect on Pending Pi ects. Notwithstanding the
provisions relating to effective date set forth below, the fees set
forth in this mending ordinance shall not apply for a period of six
months to any project in the Torn of Ithaca that has received
Preliminary Subdivision Approval or Preliminary Site Plan Approval
prior to the effective date of this amendment. If only a portion of
the project has received preliminary approval, the deferral of fees
pursuant to this section shall apply only to the portion that has such
approval. As to those projects to which this section applies, the
fees shall be payable in accordance with the provisions of the Zoning
Ordinance and other regulations in effect immediately prior to the
effective date of this amendment. Commencing six months from the
effective date set forth below, the fees set forth herein shall be
applicable to all of the projects to which this section applies. All
other projects shall be subject to the fees set forth herein
camiencing on the effective date of this amendment.
Sectio 5. Superceding Effect. To the extent permitted by law, the
fees set forth in this amendment shall supersede fees for ,similar
matters set forth in any other law, regulation or resolution of the
Town, including, without limitation, the fees set forth in the Town's
Subdivision Regulations. Wherever there is a conflict between a fee
stated elsewhere in any law, regulation, or resolution adopted prior
to the effective date of this amendment, the provisions of this
amendment shall control.
Sectio 6. Effective bate. This Ordinance amending the Zoning
Ordinance shall take effect ten days after publication and posting in
accordance with Sectio 133 of the Town Law.
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Town of Ithaca
Schedule of Application and Review Fees
Approved by Town Board Application/ Escrow For:
12-Mar-90 Review Review Inspection
,ubdivision Review:
Initial Application Fee:
I to 4 NevLots/Units $50
5 to 10 NevLots/Units $75
More than 10 New Lots/Units $100 Plus,
$1 Per Lot
Ireliminary Plat:
I to 10 New Lots/Units $50 Plus,
(Vithout Roads-or Public Utilities) $10 Per Lot/Unit
All Others $100 Plus Actual 0.5% of estimated
Irinal Plat: Cost of Review impry.cost
I to 10 NevLots/Units $50 Plus.
Without Roads or Public Utilities) $10 Per Lot/Unit
All Others $100 Plus Actual 03% of estimated
Cost of Review imprv.cost
Inspection: Actual Cost of Insp. 0.5% of estimated
imprv.cost
Plats/Replats whose sole
purpose is to dedicate
land for public use: No Charge No Charge No Charge
Plat Reaffirmations: $50 Plus,
$5 Per Lot/Unit
ite Plan Review:
mitial Application Fee: $70
Preliminary Plan:
Non-Residential $100 Plus Actual 0.1% of estimated project
Cost of Review cost,excluding land
Residential $100 Plus Actual $25 Per Dwelling Unit
Cost of Review
Final Plan:
Non-Residential $50 Plus Actual 0.1% of estimated project
Cost of Review cost,excluding land
Residential $50 Plus Actual $25 Per Dwelling nit
Cost of Review
Inspection:
Non-Residential Actual Cost of Insp. 0.05% of estimated
project cost,
excl.land
Residential Actual Cost of Inso. $25 Per Dv.Unit,
Application/ Escrow For:
Review Review Inspection
toning Amendment/
Rezoning: $170 Plus Pertinent site Plan Reviev tees
I I
:peciai Approvals: $100 Plus Pertinent Site Plan Revier Fees
��Mning Appeals:
,Area& Use Variances: $80
additional Meeting Fee:
n the event of more than 1 meeting
)r public hearing per application)
Agenda Processing: $30
Public Hearing Processing: $50
(Complete the certification in the pnrographwhich applies to the filing of this local law and strike out the
matter therein which is not applicable.)
i. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law Na .»3,....»......of 1926..
Of the T1of..........It
Ithaca ....was duly passed by the..........Town...Board. ...... .........................
H (Name of Lealelative Body)'
onMarch 12. 19.96. in accordance with the applicable provisions of law,
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassago after disapproval.)
1 hereby certify that the local law annexed heretor designatedas local law No...»...........I....ef 19........
County
Cit
of the Town of......................................was duly passed by the.............. N.emo..o.f Leaidae,.. . ve
ti. Body} ......................
(
Village
not disapproved
on..................................................19........ and was approved by the.......................................................
repassed after disapproval Elective Chief Eiecutive Officer
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I herebycertify that the local law annexed hereto,designated as local law No................... of 19.........
County
of the City of........................... q...................................
Town »••••••was duly passed by th (Name of Letlelative Body)..................
» » »»» »
Village not disapproved
on...................................................19........ and was approved by the....................................................s..........
repassed after disapproval Elective Chief Qxocutave 011ie"It
on......................................................................19........Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........r in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No............».... of 19...,.....
County
ofthe Cityof....»...............................was duly passed by the..........,...... ..... .. ... ...................on
Towne (Name of Legislative Bodr)
Villagnot disapproved
..............19........ and was approved by the.......................................................»on
repassed after disapproval Elective Chief Executive Officer•
.••••,.».••...••.••."••.»..•.••`•.`••.....•.......••....•.•19•.•...... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local law was deemed duly adopted on
.......»............................................................ 19........, in accordance with the applicable provisions of law.
»Elective Chief Executive Officer even or includes the chief executive officer of a county elected on a county-wide basis
or,if there be now.the chairman of the county kgblative body,the mayor of a city or village or the supervisor of a town,
where Both offing Is rated with power to approve or veto local laws or ordinance.
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S. (City local law concerning Charter revision proposed by petition.)
I lrerebt:certify that the local lair annexed hereto,designated as local law No.....................o( 19........
of the City of..........................................................................haVing been submitted to referendum pursuant to the
M"sions of 5 3376 of lire 1lunieipal Ilume Rule Low,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on•.........................
general ........
................19...........became operative.
6, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto.designated as Local Law No.......of 19......of the
County of ......................................... State of New York, having been submitted to lite Electors at file
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law,and was
finally adopted in the manner indicated in paragraph..........1............... above.
Townes Clerk Ar
Date, March 14, 1990
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney.Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.....„.Tompkins. .........
1. the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
L........... .,. :4:z:........
signature John C. Barney
Town Attorne�r
rtw
Date:
of........."Ithaca .......................".."....
Town
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