HomeMy WebLinkAboutZoning Fees 1988 LOCAL LAW __~ 1988
A Local Law in Relation to Zoning.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. § 100-55.6.B(5)(g) is hereby amended to read as follows:
An application fee in the amount of fifteen dollars
($15.00) for each proposed affordable housing dwelling
unit or five hundred dollars ($500.00), whichever is
greater, plus one hundred dollars ($100.00) per acre,
or part thereof for the portion of the project which is
not dedicated to Affordable Housing dwelling units~ In
addition, an inspection fee equal to six percent (6%)
of the performance bond must be paid after the bond is
approved by the Town Board and before final approval is
given on the project.
2. ~ 100-135. is hereby a~ended to read as follows:
Al]. applications to the Planning Board for approval of
site development plans shall be accompanied by a fee of -
two hundred dollars ($200.00) per acre or part thereqf,
plus twenty five cents ($ .25) for every square foot of
floor area.
Ho
Notwithstanding subsection A of this section, there
shall be no additional site plan fee for projects being
subn~itted pursuant to Article V A, (Affordable Housing
District).
II. This Local Law shall take effect upon its filing with the
Secretary of State.
LOCAL LAW ~ 1988
A Local Law in Relation to Zoning.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. ~ 100-55.6.B(5)(g) is hereby amended to read as follows:
An application fee in the amount of fifteen dollars
($15.00) for each proposed affordable housing dwelling
unit or five hundred dollars ($500.00), whichever is
greater, plus one hundred dollars ($100.00) per acre,. ~ "~
or part thereof for the portion of the project which is.
not dedicated to Affordable Housing dwelling units._ In
addition, an inspection fee equal to six percent (6%)
of the performance bond must be paid after the bond is
approved by the Town Board and before final approval is
given on the project.
2. ~ 100-135. is hereby amended to read as follows:
Ail applications to the Planning Board for approval of
site development plans shall be accompanied by a fee of
two hundred dollars ($200.00) per acre or part thereof,
plus twenty five cents ($ .25) for every square foot of
floor area.
Notwithstanding subsection A of this section, there
shall be no additional site plan fee for projects being
submitted pursuant to Article V A, (Affordable Housing
District).
II. This Local Law shall take effect upon its filing with the
Secretary of State.
7~CAL LAW ~ 1988
A Local Law in Relation to Zoning.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. § 100-55.6.B(5)(g) is hereby amended to read as follows:
An application fee in the amount of fifteen dollars
($15.00) for each proposed affordable housing dwelling
unit or five hundred dollars ($500.00) whichever is
greater, plus one hundred dollars ($100.00) per acre,
or part thereof for the portion of the project which is
not dedicated to Affordable Housing dwelling units~ In
a-ddition, an inspection fee equal to six percent (6%)
of the performance bond must be paid after the bond is
approved by the Town Board and before final approv&l is
given on the project.
2. ~ 100-135. is hereby amended to read as follows:
Ail applications to the Planning Board for approval of
site development plans shall be accompanied by a fee of
two hundred dollars ($200.00) per acre or part thereof,
plus twenty five cents ($ .25) for every sql~are foot of
floor area.
Notwithstanding subsection A of this section, there
shall be no additional site plan fee for projects being
submitted pursuant to Article V A, (Affordable Housing
District).
II. This Local Law shall take effect upon its filing with the
Secretary of State.
LOCAL LAW ~ 198~
A Local Law in Relation to Zoning.
BE IT ENACTED by the Tow~ Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. ~ 100-55.6.B(5)(g) is hereby amended to read as follows:
An application fee in the amount of fifteen dollars
($15~00) for each proposed affordable housing dwelling
unit or five hundred dollars ($500.00), whichever is
greater, plus one hundred dollars ($100.00) per acret
or part thereof for the portion of the project which is
not dedicated to Affordable Housing dwelling units. In
addition~ an inspection fee equal to six percent (6%)
of the performanc~ bond must be paid after the bond is
approved by the Town Board and before final approval is
given on t~e project.
100-135. is hereby amended to read as follows:
Ail applications to the Planning Board for approval of
site development plans shall be accompanied by a fee of
two hundred dollars ($200.00) per acre or part thereo~,
plus twenty five cents ($ .25) for every square foot of
floor area.
Notwithstar~ding subsection A of this section, there
shall be no additional site plan fee ~er projects being
submitted pursuant to Article V A~ (Affordable Housing
District).
ti. This Local Law shall take effect upon its filing with the
Secretary of State.
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 1, 1988
8~00P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING."
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. O,l~va
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: This is pubitic hearing on a proposed "Local Law
in Relation to Zoning." The official notice to be read by Councilman Penny.
COUNCILMAN PENNY: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 15t day of November, 1988, a Local Law entitled, "A
Local Law in Relation to Zoning." Notice is futher given that the Town
Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, Main Road, Southold, New York,
on the 1st day of November, 1988, at 8:00 OIclock P.M., at which:time
ail interested persons will be heard. Tills proposed "Local Law in relation
to Zoning" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows;
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. § 100-55.6.B(5)(g) is hereby amended to read as follows:
g. An application fee in the amount of fifteen dollars
($15.00) for each proposed affordable housing dwelling
unit or five hundred dollars ($500.00), whichever is
greater, plus one hundred dollars ($100.00} per acre,
or part thereof for the portion of the project which is
hot dedicated to Affordable Housing dwelling units.ln
addition, an inspection fee equeal to six percent (6%)
of the performance bond must be paid after the bond is
approved by the Town Board and before fina~;epproval is
given on the project.
2. § 100-135. is hereby amended to read as follows:
A. All applications to the Planning Board for approval of
site development plans shall be accompanied by a fee of
two hundred dollars ($200.00.) per acre or part thereof,
plus twenty five cents ($.29) for every square foot of
floor area.
B. N'otwith~tanding subsection A of this section, there
shall be no additional site plan fee for projects being
submitted pursuant to Article V A, (Affordable Housing
District).
Page 2 - LL Zoning
II.This Local Law shall take effect upon its filing with the
Secretary of State.
Copies of the Local Law are available in the Office of the Town Clerk to
any interested person during business hours. Dated:~..October 18, 1988.
Judith T. Terry, Southold Town Clerk." I have an affidavit of publication
from the Suffolk Times, a like affidavit from the Traveler-Watchman, an
affidavit from the Town Clerk, that this has been posted on the Town
Bulletin Board. And I have some communications. Planning Board, Town
of Southold. "The following action was taken by the Southold Town Planhing
Board on Monday, October 17th, 1988. RESOLVED that the Southold Town
Planning Board recommend~:to the Town Board to approve this Local Law
pertaining to fees for affordable housing proposals and site plans. If
you have any questions, please do not hesitate to contact this office. Very
truly yours, Bennett Orlowski, Jr. Chair;man." I have a communication
from the Suffolk County Department of Planhing. "Pursuant to the requirements
of Section R1414 to 23 of the Suffolk County Adminstrative Code, the above
reference application, which has been submitted to the Suffolk County
Planning Commission is considered to be a matter of local determination.
A ~' decision of local determination should not be construed as either~;
approval or disapproval. Very truly yours, Lee E. Kopp~man, Director
of Planning." Then I have letter from the C;reenport~Southold Chamber
of Commerce. "The Chamber of Commerce i'n; the business community are
opposed to Mr. William Mullen's propog~g increase to Planning Board appli-
cation fees for new developmen:ts. The Town pays for five members to
sit on the Planning Board and has employed a Town Planner, an assistant
Town~Planner and secretary. With this large staff, the Planning Board
process takes much too long. An example, that we have previously asked
for information on, is the '!Tidemark" project, which is a project to provide
much needed motel space. Why is this p~0ject in the planning stage for
five years? We have not received satisfactory responses from the Town
Board or the Planning Board on this matter. All! of the costs of a project
which include the planning process, interest expense to finani:e land purchase
while in the planning, cycle, and delay costs are ultimately passed on to
the consumer. That's US. Increased planning fees will have a deterimental
affect on affordable housing. This is a pass-on fee. It will' hurt .prospective
homeowners more than it will hurt or deter the developers. In lieu of
an increase in application fees at this time, we would like to see the Town
Board and a citizens committee review the planning process to determine
if it is Operating in the most efficient manner. Perhaps the Commerce
& Industry Committee could be charged with this review. It is our under-
standing that the Town budget last year indicated a surplus of $150,000.00
plus on the planning board line. If this is so, why are. the fees being
raised? We were always under the impression that the Town was not in
business to make money, but only to cover the cost of operating town
government. Southold Town is not a busi, ness entity. You are not supposed
to operate at a profit and you are not supposed to operate at a loss. /-.
Appropriate fees should be charged to cover the cost of operating a particular
town agency or department. If this is so, then why are the Planning
Board fees being raised when there was a $150,000.00 plus surplus last
year? Government, including Southold Town government should be looking
to hold the line on taxes and seeking ways to operate more efficieatly.
Special fees as propose by Mr. Mullen are a form of taxation and ~hould
be examined very closely before being enacted. Very truly yours, Richard
Gilbride, Secretary, Greenport-Southold Chamber of Commerce,on behalf
of the Board of Directors." There are no further commbn~tions.
Page 3 - LL Zoning
SUPERVISOR MURPHY: Thank you, George. We've had the official reading
of the. notice-:of,.:this proposed :Local'Eaw. Is there anyone in the audience
who would like to address the Town Board on the proposed I_ocalLLaw?
John?
JOHN COSTELLO: Yes, my name is John Costello and I-.came~herfe: tonight
to beg this Board individually not to pass this local law. First of all,
I think its a clear bad signal to the young people in the Town where your
concerns are. Everyone knows where they were last November. Let them
be there now. The young people need help, and this is the signal, that
we need other direction. Businesses; I just took today's paper, the help
wanted ads are still pretty heavy. The hospitals need help. Almost every
institution needs some help. Most of them drop their ........... The develop-
ments are not getting proper signals. Developers need to know that the
Town and this Board works with them to see one of these project to completion.
The senior citizens also need this signal, so they can get the services
rendered that they need in Southold Town. There is... There's help
at the hospital needed. These senior citi~ens,I don't believe should pay
for the expanded government that will be coming in the future and expanded
taxes. This burden has to be on everyone. The businesses, the young
people, the new home owners, and the s~nior citizens. The trend is not
in that direction. You have to make it easier for these people to stay
here, not more difficult. You have to help the businesses that are here
and the business that will expand here,:to become viable and prosperous.
It's healthy for the town. They canft do it, that these young people leave.
The Master Plan calls for additional people here. Let's keep the proportions
right. Let's have each group here. Let's have the businesses. Let's
have the young people. Let's have the kids. Let's have the senior citizens.
Passing this law, I believe, is a step in the wrong direction, and a clear
signal to,:discourage each group. I don't think this Board, this Board
is the only one that makes:;a decision, should allow that, a~d represent
Southold. Thank you,
SUPERVISOR MURPHY: Thank you, John. Is there anyone else who
would like to address the Town Board on the proposed Local Law? (No
respbn~se.) Hearing none, is there any Town Board members who would
like to make a comment at this time?
COUNCILWOMAN LARSEN: As far as site plan fees as a whole goes, Benny had
:said :ih correspondence, if you have any questions, don't hesitate to call
hie~ so:-I did, and spoke with the Planning Board, not Benny. On the
proposed fees for : ..... between May 29th and August 10th, the Town
spent over $23,000.00 plus that the Town paid in engineering fees. The
Planning Board had met to try to set a fee basis that witJ, cover the cost
to the Town for engineering and site plan review, things that have to
reported. I personally feel that fees are not the answer to site plan review,
3hat fees should be in line, of course, with the cost to the Town, but
the answer is within proper zoning, and proper land use planning;, :and proper
regulations, so that when the developer comes to the Town he has a clear
cut idea what will be aceepta[31e, and what won't be acceptable. As far
as the affordable housing zone fee increases, I feel that the affordable
housing has three nails in its coffin already. The first nail is that we
don't have proposed AHD zone in the Town. In other wordsr the AHD
zones where designed to be a probing zone. In the area that wo~ld support
high density, we have zoned ........ which is the multi-family dwelling,
or condos ........ My opinion is being that these areas should be designated
Page /~ - LL Zoning
as affordable housing districts, that way we can serve the people in the
Town with the high density housing. Second, ~Ve can't get water for
the houses. Basically, because Greenport doesn't have any available water
to service increase~density. Our affordable housing projects either because
of water or sewage have not gotten off the ground. The third, and we
haven't even faced it yet, is $1~0,000.00 per unit,per house, which I
feel is very high. So with increasing the fees again, I feel that we might
just as wel~i take a hole and put affordable housing in it. I wouldn't support
it. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: I agree that, as I=llen does, that this will probably
deter people from applying for one of the premises that we used when
we wrote the affordable housing law, and I was a:mEmber of the Housing
Committee two years ago and spent a great deal of time on this, was stream-
lining bureaucracy, and keeping the feesl realistic, because what would
happen u.~t]matel¥ is these fees would be ipassed on to the ~ltimate recipients
of the property, ~'~w~icl~':case some'~would be the affordable housing people,
and some of course would be on the free imarket. You can't expect the
developers to swallow the whole bite. The Town took a bite back then.
We modified our zoning. We created a flo~ting zone. We made., done
just about everything~chat we could except roll over and .play dead to
attract affor;dable housing to the Town. fit's been slow coming and there's
been some problems with it, and until welhave an affordable housing project
that is going, or maybe even se~zeral of them ~oing, I would be reluctant
to raise any fees or to change anything a~ this point that would possiable
make people think twice about applying for it. It's probably one of the
best things that has ever happened to So~thold Town and someday it's
going to come to light, and I would not dO anything at this point to hold
it back. Thank you.
SUPERVISOR MUPHY: Ruth?
COUNCILWOMAN OLIVA:: Yes, I could ma},be agree with the site plan
if the fees would have to be raised on tha~, but I'm rather disappointed
in the Planning Board because we've had many meetings with the Housing
Committee which Jean Cochran is the chairman, and have revised the code,
tFying to streamline it, and for them not t~o come before us:to discuss
even the possiability of raising the fees, I!m rather disappointed in them,
and I don't thine they should be raised, iWe desperately need afffordable
housing and we have to keep the cost down and keep the process as stream-
lined as
(Tape over)
JUSTICE EDWARDS: I'm not saying Fishers Island, but I have to disagree
with you, that the coffin is not nailed dow~ on affordable housing and
I hate to see it mentioned as such. I think it's something we're going
to have to have in Southold and we will se~ it in Southold. We will not
raise the fees for affordable housing. I tl~Jnk if some of the developers
got together and did some hard work they !could do it, and ! think they
could bring the price of these houses down, under $100,000.00 with a
little bit of work. Thank you.
Page $ - LL Zoning
SUPERVISOR MURPHY: Anyone else? (No response.) Anyone else like
to address us on the proposed Local Law? (No response.) If not,
close the public hearing.
' PUBL ~:' NOTICE is hereb).
given tfi~t ~here 'h-:.L-,be~n pre-
~ented lo'~e To~w~ or' the
County, New ~b~; oo ~e 4 h
dayof October, 1988j a pro.s-
ed ~c~ Eaw:e~ed. "A Local -
NOT[.CE.* FS:~' ~U'RT~ER
Gl& EN ~t,th~ ~ow~d ot
[he lown o [ Sodrhold'~ ~hold
a public ~ng on'~MOr~d
H~I, Main Road, Sol,hold.
Ne~ York, on ~e [st day oF
Somho[d' as rdl[b~s; :.
- L'CM~r.I~'~g) of the
Co~ of [hE Tow~ o$ Sou~o[d
-is h~by ~mend~ td read as
~.($15.~1 for each 'propo~
o~ "~v~.,?hundr~ , dollars
T[ousmg dwelling'd~ts?Ll~l ad-
~' diffon, ae.~ ~':r~.~qu~
: to slx p~[ce~ i6%~06 t~e~r-
· ' for m~:
~' ,after the bond i¥~ro'~ed by'
,. ' ~ ~o~ ~'~ ~fo~
,road:or
_pelt re,'.'t~6r proje."ir'b~'Jng ~ub-.
m[ttec[ p,',rsua~i to.~dcle V A.
~,.. (Affor~bl~.~ousin~ ~cO.
', II Tfl~ L~ Lau s~
~ effect 'upon ns filing ~ff~ the
~ SOUT~OLD TOWN' CLERK
~ IX, I0 '2' '88
-'COUNTY 0 F SUFFOLK
STATE OF NEW YORK
Patricia Wood, being amy sworn, says that she is the
Editor, of THE LONG, ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southoid, in Suffolk County;
and that the, notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchmar
once each week for .................. /, ....... weeks
successively, commencing on the ~,~'7 =*~
da -~'~ 19 a~f>'
Sworn to before me this ~'-~
.. day of
Notary PUblic
BARBARA A. SCHNEIDER
NOTARY PUBLIC. State of New York
No. 4806846
Qualified in Suffolk Countl6 .-/
Commisoion Expires