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HomeMy WebLinkAboutLL 19 of 2009 Setting Fees by Town Board.docTOWN OF ITHACA LOCAL LAW NO. 19 OF THE YEAR 2009 A LOCAL LAW AMENDING FEE PROVISIONS IN CHAPTER 153, TITLED "FEES", OF THE TOWN OF ITHACA CODE TO DELETE LISTED FEES AND PROVIDE FOR THE ESTABLISHMENT AND SETTING OF FEES BY TOWN BOARD RESOLUTION Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The following sections in Chapter 153 (Fees) of the Town of Ithaca Code are deleted in their entirety: A. Section 153-1, titled "Purpose" B. Section 153-2, titled "Fees and charges established" C. Section 153-3, titled "Town Clerk: licenses and searches" D. Section 153-4, titled "Town Clerk: Freedom of Information Law" E. Section 153-5, titled "Town Clerk: miscellaneous fees" F. Section 153-6, titled "Building and foundation permit fees" G. Section 153-7, titled "Certificates of occupancy" H. Section 153-8, titled "Operating permits and certain inspections" L Section 153-9, titled "Sign permits" J. Section 153-11, titled "Town of Ithaca Fee Schedule" K. Section 153-12, titled "Fill permits" L. Section 153-14, titled "Noise permits" M. Section 153-15, titled "Amendments" N. Section 153-16, titled "Transition provisions" Section 2. A new Section 153-1 is added reading as follows: "§ 153-1. Establishment and revision of fees. A. The Town Board may, by resolution, establish and revise from time to time 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 and certificates issued by a Code Enforcement Officer, Town Highway Superintendent/Director of Public Works or his/her designee, Town Planner or his/her designee, or other Town officials, and the fees for processing applications for variances, approvals, and similar matters requiring publication or board action. B. Nothing in this chapter shall amend, repeal or supersede any provisions in other Town Code chapters that set forth fees for specific Town activities or services." Section 3. Chapter 153 (Fees) of the Town of Ithaca Code, Section 153-10, titled "Zoning, subdivision, SEQRA, Zoning Board of Appeals, and development application fees," is amended as follows: A. The section is renumbered as Section 153-2. B. The references to "Building Inspector" in subsections A(2) and C(1) are changed to "Code Enforcement Officer". C. The phrase "by the Deputy Town Clerk associated with the Engineering, Planning, and Building /Zoning Department" in subsection A(2) is changed to "by staff associated with the Public Works Department, Planning Department, and/or Building and Code Enforcement Department". D. The phrase "the fee schedule" in subsection A(3) is changed to "the fee schedule established from time to time by Town Board resolution (the "Fee Schedule")". E. The phrase "the Schedule of Application Fees set forth below (the `Fee Schedule')" in subsection B(1) is replaced with "the Fee Schedule". F. The reference to "engineering and/or building and zoning" personnel in subsection B(1) is changed to "engineering, public works, and/or building and code enforcement" personnel. G. Delete subsection B(2) and replace it with the following new subsection B(2): "Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee as set from time to time by Town Board resolution 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 fee may be included in the Fee Schedule as part of any application fee set by Town Board resolution." H. The three references to "Town Engineer" in subsection B(9) are changed to "Town Highway Superintendent/Director of Public Works or his/her designee". L The reference to "Town Planner" in subsection A(2), and the three references to "Town Planner" in subsection B(9), are changed to "Town Planner or his/her designee". The reference to "Planner" in subsection C(1) is changed to "Planner or his/her designee". K. The reference to "Engineer" in subsection C(1) is changed to "Highway Superintendent/Director of Public Works or his/her designee". Section 4. Chapter 153 (Fees) of the Town of Ithaca Code, Section 153-13, titled "Fees in lieu of recreational land reservation," is renumbered to Section 153-3. Section 5. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6. This local law shall take effect on January 1, 2010.