HomeMy WebLinkAboutLL 10 of 1994 FeesFINAL
TOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 1994
A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK,
BUILDING, ZONING, ENGINEERING, PERMITS, AND OTHER
FEES AND REPEALING THE PROVISIONS OF THE ZONING
ORDINANCE AND OTHER LOCAL LAWS 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 and consolidate in one local law 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 prosecuting 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 or ordinances 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fees that are superseded by the enactment of this local law.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 foUowing 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 $20.00
(b) Certificate of marriage pursuant to
Domestic Relations Law, Section 14-a(2) $10.00
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(c) Marriage searches pursuant to Domestic
Relations Law, Section 19.
Fees prescribed by Section 19 as the same
may be amend^ from time to time
(presently $5.00 for a search of one year,
$1.00 for the second year, and $.50 for each
additional year searched thereafter).
(d) Dog licenses pursuant to Section 110
of the Agriculture and Markets Law
(including the portion of the fee payable
to the State)
(e) Purebred licenses
(f) Tax searches
(g) Water and sewer searches
$8.50 for spayed and neutered dogs; $13.50
for non-spay«i or non-neutered dogs.
$40.00 for ten or fewer registered purebred
dogs, $70.00 for more than 10 but not more
than 25 registered purebred dogs, and
$125.00 for more than 25 registered
purebred dogs.
$5.00 for each five years covered by the
search.
$5.00 for each five years covered by the
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 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 subject to such inspection and which can be copied on the Town of
Ithaca copying equipment (maximum size 11 by 17 inches) upon the payment of
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rs
$.20 per page for the first ten pages of a letter or legal size document and $.10
per page for any additional pages of the same document, copying of which is
requested at the same time. Copies of pages larger than 8-1/2 by 14 up to 11
inches by 17 inches shall be at $.25 per page.
Copies of recorded cassette tapes shall be provided upon payment of $5.00 per
tape.
If the Town ofAces have working equipment enabling copying of maps,
reproductions of those maps that can be copied will be supplied at a cost of $.50
per square foot.
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.
If a copy or copies are desired thereof by the requestor, the Clerk shall have the
requested copies available in the Town offices within five business days.
(b) Copies of certain documents. Notwithstanding the foregoing the Clerk shall
provide copies of the following documents upon payment of the fees set forth
opposite the same.
(i) Zoning ordinance, appendix and map $8.50
(ii) Zoning Map only $3.00
(iii) Subdivision regulations $3.00
(iv) Local environmental review regulations $2.50
(v) Sign ordinance $3.00
(vi) Conservation Advisory Council Open Space Report $9.00
(vii) Comprehensive Plan $12.00
(viii) Six Mile Creek Report $5.00
(ix) CAC Agriculture Report $2.00
(x) Noise Ordinance $1.00
(xi) Wetlands Guidelines $3.00
(x) Parks, Recreation & Open Space Plan Update $9.00
(c) Postage. If the requestor requests that copies of documents be mailed to the
requestor there shall be added to the costs of coping the postage costs reasonably
estimated to be incurred in mailing the requested documents to the requestor;
This provision for reimbursement of postage costs shall in no way obligate the
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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 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 fimds
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 fees are established in the Town of Ithaca:
(a) Facsimile charges Normal copy costs plus estimated
phone charge
(b) Checks returned $15.00 per check
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- $ 5,000 $25.00
5,001- 10,000 35.00
10,001- 20,000 50.00
20,001- 30,000 70.00
30,001- 50,000 90.00
50,001- 100,000 125.00
100,001- 150,000 300.00
150,001- 250,000 400.00
250,001- 500,000 600.00
500,001- 1,000,000 800.00
1,000,001- 2,500,000 1,250.00
2,500,001- 5,000,000 2,250.00
5,000,001-10,000,000 3,500.00
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10,000,001-20,000,000 4,500.00
Over $20,000,000 $.30 for each $1,000.00 of
improvement value with a
minimum fee of $6,000.00
(b) The renewal fee for a building permit shall be the greater of $25.00 or 5%
of the original building permit fee.
(c) The fee for the issuance of a foundation permit shall be one-quarter the fee
for a building permit, 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. In any event the fee shall not be less than $50.00.
5. FEES FOR CERTIFICATES OF OCCUPANCY.
(a) The fee for the issuance of a certificate of occupancy shall be $50.00 .
(b) The fees for issuance of a temporary certificate of occupancy are as follows:
I
(i) If there is no new construction involved requiring a building permit,
the fee is $25.00.
(ii) If the temporary certificate of occupancy is issued in connection with
construction for which a building permit is required, the fee for issuance
of the temporary certificate of occupancy shall be one-half of the fee for
the building permit but in any event not less than $25.00.
6. FEES FOR USE PERMITS. OPERATING PERMITS AND CERTAIN
INSPECTIONS.
(a) The fee for a Use Permit issued pursuant to Local Law No. 1 of the year
1981 as the same has been subsequently amended is $25.00.
(b) 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
multiple residences $100.00
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(ii) Fees for multiple residences
shall be as follows:
(A) Three to five dwelling
units in each building
(B) Six to ten dwelling units
per building
(C) Eleven dwelling units or
more per building
50.00 per
building
100.00 per
building
150.00 per
building
(c) 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, shall be $25.00 per hour for the
time of the Inspector spent traveling to make the inspection, making the
inspection, and preparing any related documentation and certitications relating to
such inspection, with a minimum charge of $25.00.
(d) 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 tire
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 $1.50 for each square foot of area of such sign.
8. ZONING. SUBDIVISION. SEORA. BOARD OF APPEALS. AND REVIEW
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
approve any application until all applicable fees and reimbursable costs
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have been paid to the Town 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.
(ii) Fees shall be calculated by the Building Inspector, Town Planner,
Town Clerk, or by the Deputy Town Clerk associated with the Engi
neering, 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 Town
Engineer, whose calculation of same 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.
(iii) All Application Fees paid to the Town in accordance with the fee
schedule shall be non-refiindable 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.
(iv) For purposes of calculating fees, if the proposal involves a
dormitory, two bedrooms shall constitute one dwelling unit.
(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 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.
(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
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application to appropriate parties, and the cost of transcribing the proceed
ings 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).
(iii) 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
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, 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) 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.
(v) 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.
(c) Review Fees.
(i) 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.
(ii) 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
denominated as an amount to be placed in escrow.
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(iii) 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 from time to time by the Town
Board for various staff positions.
(iv) 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.
(v) 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 Town Engineer and shall add
such sum to the escrow account.
(vi) If, in the judgement of the Town Engineer, the deposit provided for
herein exceeds the anticipated reasonable review costs, the Town Engineer
may adjust the deposit to reflect the anticipated review cost.
(vii) 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.
(viii) For purposes of determining the amount of escrow the following
shall apply:
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(A) As part of the application for Preliminary Subdivision or
Preliminary Site Plan Approval, a preliminary estimate of the cost
of improvements shall be provid^ by the applicant's Licensed
Professional Engineer or Registered Architect along with the other
items 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.
(B) 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 or Register^ Architect 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.
(C) In the case of subdivision applications, the terms "cost of
improvements", "improvement cost" 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 items but excluding the cost of dwelling
units to be constructed on the subdivided 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 terms exclude land acquisition costs, architects fees,
engineering fees and other similar non-construction costs.
(D) 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.
(E) 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 judgement of
the Town Engineer, such estimate is reasonably accurate. The
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fees.//, wpSlith, 12/28/94 11:49am
^ • •
^ ' 11
Town Engineer may adjust such estimate and the estimate as so
revised by the Town Engineer shall be the basis of the escrow
deposit cdculation.
(F) In no event shall an escrow account be established with less
than a $200 deposit, which amount shall be a minimum regardless
of the amounts calculated pursuant to the Fee Schedule.
(ix) In the case of clustered subdivision applications, the fees set forth for
subdivisions shall apply.
(x) 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 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
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
Site Plan Review - Final Plan shall be paid to cover the costs of further
review by staff and the Planning Board.
(xi) 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
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 recommendation by the Planning Board
to the Zoning Board of App^s. 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 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.
(xii) The above review fees may be waived in whole or in part, or may
be modified by the Town Board for good cause shown. Such cause may
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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 l^ard, such a waiver.
(d) SEOR-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 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 that established in 6 NYCRR 617.17.
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 fees 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.
(e) Inspection Fees.
(i) 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 bill^ to the
applicant. The basis for calculating such costs shall be the same as set
forth above with reference to Review Fees.
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(ii) 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
(A) after final approvals have been given,
(B) in the course of building permit issuance,
(C) during the course of construction of any improvements
including buildings, roads, and other improvements, and
(D) during the course of issuing any certificates of compliance or
occupancy.
(iii) Along with any application for final approval of site improvement
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 or Registered
Architect in similar manner as the estimate is provided for the escrow for
the review fees. This estimate shall be used along with the other items
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
commencement of construction of any of such improvements.
(iv) 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 or Registered
Architect, and to increase or decrease the required escrow amount, the
definitions of costs of improvements, and the $200 minimum deposit.
(v) The inspection fee shall in no case be less than $100.
(vi) The inspection fee may be included as a portion of a letter of credit
or performance guarantee, where applicable.
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(vii) 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 or Occupancy shall be
issued until all Inspection Fees have been paid or fully escrowed.
(viii) 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.
(ix) The above inspection fees may be waived in whole or in part, or may
be modified, by the Town Board for good cause shown.
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TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEES
(January 1, 1995)
Application/
Review
Escrow For
Review Inspection
SUBDIVISION REVIEW:
Initial Application Fee:
1 to 4 New Lots/Units
5 to 10 New Lots/Units
More than 10 New Lots/
Units
Preliminary Plat:
1 to 10 New Lots/Units
(Without Roads or Public
Utilities)
All others
Final Plat:
1 to 10 New Lots/Units
>-iQVithout Roads or Public
Utilities)
All others
Inspection:
Plats/Replats whose
sole purpose is to
dedicate land for
public use:
Plat Reaffirmations:
SITE PLAN REVIEW:
Initial Application Fee
Preliminary Plan:
^ Non-Residential
S • n
$50.00
$75.00
$100.00 Plus
$2 Per Lot
$50.00 Plus
$10.00 Per Lot/Unit
$100.00 Plus
Actual Cost of
Review
$50.00 Plus
$10.00 Per Lot/Unit
$100.00 Plus
Actual Cost of
Review
Actual Cost of
Insp.
No charge
$50.00 Plus
$ 5.00 Per Lot/Unit
$75.00
$100.00 Plus
Actual Cost of Review
0.5% of
estimated
imprv. cost
0.5% of
estimated
imprv. cost
No charge
0.5% of
estimated
imprv. cost
No charge
0.1% of estimated project
cost excluding land
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Application/
Review
Escrow For
Review Inspection
Residential
Final Plan:
Non-Residential
Residential
Inspection:
Non-Residential
Residential
ZONING AMENDMENT/
REZONING
SPECIAL APPROVALS:
ZONING APPEALS:
Area & Use Variances
$100.00 Plus
Actual Cost of
Review
$100.00 Plus
Actual Cost of
Review
$100.00 Plus
Actual Cost of
Review
Actual Cost of
insp.
Actual Cost of
insp.
$25 Per Dwelling Unit
0.5% of estimated project
cost excluding land
$25 Per Dwelling Unit
$175.00 Plus Pertinent Site Plan Review Fees
$100.00 Plus Pertinent Site Plan Review Fees
$80.00
ADDITIONAL MEETING FEE:
(In the event of more than
1 meeting or public hearing
per application)
Agenda Processing $30.00
»^Public Hearing Processing: $50.00
N
0.05% of
estimated
project cost
excl. land
$25 Per Dw.
Unit
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9. FEES FOR FILL PERMITS Fill permits shall be issued only upon the payment by the applicant for
same of the following fees:
(a) There shall be a fee for a fill permit issued by the Town Engineer pursuant to Section 70,
subdivision 6, of the Zoning Ordinance (i.e. without the necessity for a Board of Appeals special
approval) of $25.00 plus the cost of review by the Engineer calculated as in the same manner as
review fees for Site Plan Approval set forth above. The Engineer may, for good cause shown, waive
the review fee.
(b) The fee for any fill permit which requires a public hearing shall be the fee required for a special
approval plus the cost of review by the Engineer.
10. AMENDMENTS. The foregoing charges, except those relating to dog licenses and purebred licenses,
may be changed by ordinance, local law, or resolution of the Town Board from time to time. The fees set
forth above with respect to dog licenses and purebred licenses may be changed only by an ordinance or local
law.
Section 3. REPEAL OF LOCAL LAW 12 OF THE YEAR 1992. Local Law 12 for the year 1992 is
weji^pealed.
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 December 12, 1994, to be effective January 1, 1995, as the same
may have been subsequently amended."
Section 5. AMENDMENT OF ZONING ORDINANCE. The Zoning Ordinance of the Town of Ithaca as
readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as
follows:
1. Article XIV, Section 75 of the Town of Ithaca Zoning Ordinance be and hereby is amended by
deleting the next to last paragraph beginning with the phrase "Every application for a building permit
..." and the related schedule referring to the Value of the Improvement and Fee, and inserting
instead the following:
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"Every application for a building permit shall be accompanied by a fee computed in
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accordance with 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 December 12, 1994, to be effective January 1, 1995, as the same may
have been subsequently amended."
The last sentence of Section 75 remains unamended.
2. Article XTV, Section 75-A of the Town of Ithaca Zoning Ordinance be and hereby is amended by
deleting paragraphs 1, 2, and 3, and inserting instead the following:
"The fees for Use Permits, Operating Permits, and inspections shall be as 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
December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently
amended."
3. Article XIV, Section 76 of the Town of Ithaca Zoning Ordinance be and hereby is amended by
deleting the last sentence and inserting instead the following:
"The fee for the issuance of a Certificate of Occupancy shall be the fee established in the most recent
local law, ordinance, or resolution adopted by the Town Board establishing such fee, including,
without limitation, the local law regarding same adopted on or about December 12, 1994, to be
effective January 1, 1995, as the same may have been subsequently amended."
4. Article XIV, Section 84 of the Town of Ithaca Zoning Ordinance be and hereby is amended by the
same in its entirety and inserting instead the following:
"SECTION 84. Fees. The fees, escrow deposits, review costs, public hearing fees and inspection
fees for subdivision, variance, site plan and other similar applications and approvals shall be as set
forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing
such fees, etc., including, without limitation, the local law regarding same adopted on or about
December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently
amended, together with the related schedule of application and review fees contained therein."
Section 6. AMENDMENT TO SIGN LAW. The Town of Ithaca Sign Law (Local Law No. 6 ~ 1980) as
the same may have been amended is further amended by deleting Section 10.02-4 a. and inserting the following in
its stead:
\
"a. Application fee in the amount set forth in the most recent local law, ordinance, or resolution adopted
by the Town Board establishing such fee, including, without limitation, the local law regarding same
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fees.//, wpSlith, 12/28/94 11:49am
adopted on or about December 12,1994, to be effective January 1,1995, as the same may have been
subsequently amended."
Section 7. 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 and Local
Laws Nos. 5 and 6 of the year 1990, is further amended as follows:
1. Section 5.A.2.(i) is amended to read as follows:
"(i) The fee as set forth in the most recent local law, ordinance, or resolution adopted by the Town
Board establishing such fee, including, without limitation, the local law regarding same adopted on
or about December 12, 1994, to be effective January 1, 1995, as the same may have been
subsequently amended."
2. Section 5.A.8.(iii) is amended to read as follows:
"(iii) a renewal fee as set forth in the most recent local law, ordinance, or resolution adopted by the
Town Board establishing such fee, including, without limitation, the local law regarding same
adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been
subsequently amended."
3. Section 5.a.9.(j) is amended to read as follows:
"(j) The fees for issuance of a foundation permit are as set forth in the most recent local law,
ordinance, or resolution adopted by the Town Board establishing such fee, including, without
limitation, the local law regarding same adopted on or about December 12, 1994, to be effective
January 1, 1995, as the same may have been subsequently amended. The fee is not refundable and
is not credited against the fee for the building permit for the entire building."
4. Section 5.C.2.(j) is amended to read as follows:
"(j) The fees for issuance of a temporary certificate of occupancy are as set forth in the most recent
local law, ordinance, or resolution adopted by the Town Board establishing such fee, including,
without limitation, the local law regarding same adopted on or about December 12, 1994, to be
effective January 1, 1995, as the same may have been subsequently amended."
Section 8. 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 9. EFFECTIVE DATE. This law shall take effect on January 1, 1995.
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