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Home My WebLink AboutBuilding Permit fees - Special Devel or Impact for new construction Town of Southold - Lettee li 1<- Board ating of February 27, 2007 RESOLUTION 2007-225 ADOPTED Item # 21 DOC ID: 2584 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-225 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: WHEREAS, a bill has been introduced in the State Assembly as 985 and WHEREAS, the legislation would permit towns and villages within the Peconic Bay region to impose special development or impact fees on building permits for new construction or the substantial improvement of existing constriction for the purposed of: (a) community facilities, (b) traffic mitigation, and (c) school facilities; therefore be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assemblv Bill 985 entitled "AN ACT to amend the town law. in relation to permittinl! towns and villal!es in the Peconic Bav rel!ion to assess special development fees in connection with the issuance of buiIdinl! permits". ~~ ;v.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March I, 2007 Page 29 ... I I FecEx Express US Airbill F.dE>. TII,kin~ Number 8481 3035 6220 From ~ptintMJd{n"/wrJ, D," 3-7-07 Sender'sF9dEx Account Number 1067-7029-J;J Sender's N,e ELIZABETH NFVTI j:" Pho" 1 631' 7.!.5-1IilOO Company TOWN nF ~nl JT~nl n Address 5~Oq5 RnlJTJ: ?9. c"" SOl ITHnI n 2 Your InlIlmal Billing RoIerenca Home Ru Ie ArslUoh."CIllrswillapp."l)I1lmllll". ,,," NY ZIP 11971 Request A.1077 OoplJRoor/StJite!Room 4",42 & A. 985 3 To Recipient's Name Phone I ComDanv Home Rule Counsel Recipienfs Address Senate Post Office 08pURoorlSuita/Rollm Wocannoldsli'lsrtoP.O.bo'&SOTP_O.ZIPood.. Add"" 208 LeCJislative Office Buildinp To" ,.ok.~. b. hlld 01. 'P8C~io fedBc location,printF.dEladdr... hor. 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ToIBl Packages TlIIBlWeiglt TDlalDecIar8dVablt .00 $ tOurliabilit\liSlimrtedta$1llJunleSSyOuded.r.ahighervalue.Se.baokfordeta~s FedhUseOnly 8 Sign to Authorize Delivery Without a Signature BvsJgningvo~authorilaUSladeliverthislhipmanlwilhoutabtaining . signature and egree ta Indemnify and hold usharmI8lstromanyllsuttingcll,m. 0287331970 SRS'~e,.C.,,,,,.m,o,,\"58219,rr;'994-2003FedE,'PRINTEDINU.S.A 14661 IMP"ANT: READ INSTRUCTIONS ON REVER~IDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the .....".............................,.......TQ~.n........._.i............................................ of (county,cIlY,lownnrvllagc) ....................S.9.\!.tb.9.!9..................................... requests the enactment of ~~::"bill (no. ......A.,.9.a.S.......................), (name) ~J.H..,....,. (slrlkc nUl line) entitled" An Act to amend the town law, in relation to permitting towns and villages in the Peconic Bay region to assess special development fees in connection with the issuance of building permits It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) JIO< The local government does not have the power to enact such legislation by local law, o Other facts, as set forth in the following "Explanation" establish such necessity. " EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by: (Check appropriate box) KD< The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) o The local legislative body of such local government, at least two-thirds of the total membership thereof having voted in favor of such request. (See paragraph B below) READ BEFORE SIGNING A If the request is made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and the clerk of the local legislative body must sign below. In such case use the word "majority" below even though the vote may have been greater. B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) .......... ........ ......... .............................................. (chief executive officer) CLERK'S CERTIFICATION .........s.~~g...A,....~~l!~.~!.!........................... (Print or type name below signature) ... ~ ~p..~!:".y.i.l!9. r.... ~9.\l~!:1g.l. !;l....T..9.~r!....... (TltleofchiefeJlecutivcofficer) Date: .......f~p.!:".l!;;J.ry.....p...., 20...n. I, ......................I;!.i.~!'l.!:>.~m...A.,....N~.y.I.!!.~........, do hereby certify that I am Clerk of the .....I9.W.f.l.:..1;!.9.1!.r.!;l....... (print or type name) (Iocnl legIslative body) .. ........................ ................................... ......... ....................... of the......... ....... .......T. !?!l(!:1.. ........................... ............... (county, city, town or village) of ..................s.~!:'t.I1.~I.c1............................................. and that on the ....Ft..tI.......... day of ...F..~p.r.\l!'l.ry............. , (name) 07 =I_~ 20_, such legislative body, at least " of the total membership having voted in favor thereof, a majorIty approved the foregoing request. (strike oul one) (SEAL OF LUCAL GOVERNMENT) (Signed) ......,.. ....... .......................................................... Elizabeth A\"''Neville ........ SQ'u.tbD.1 d.. .town... Cler..k................ <Print or type name below signafure) Date: .......F..ElI:lr..':'il.r.Y....P...., 20..0.7... . . INSTRUCTIONS Copies required: Two signed copies of this fonn, specifying the final bill number and title must be filed with each House of the Legislature. Examples: (a) If the bill has been introduced in only one House of the Legislature, four copies of the request fonn must be filed, i.e., two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request fonn must be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same for the Assembly bill. Date of request: The signing of a home rule request or the adoption of a resolution by the local legislative body approv-ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmittal: The signed fonns should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office 208 Legislative Office Building Albany, N. Y. 12247 To the Assembly: Home Rule Counsel Assembly Post Office 210 Legislative Office Building Albany, N. Y. 12248 Definition of terms: Chief executive officer. In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in the case of a town, the supervisor. (Municipal Home Rule Law ~40) Local legislative body. The board of supervisors, board of aldennen, common council, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law ~2) Local government. A county, city, town or village (Const. Art. IX, ~3; Municipal Home Rule Law ~2) Spec/a/law A slate statute which in tenns and in effect applies to one or more, but not all, counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX~3; Municipal Home Rule Law ~2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, ~ ~20, 40) . . ~: R-13 THE ASSEMBLY STATE OF NEW YORK ALBANY VICE-CHAIRMAN Joint Conference Committee RANKING MINORITY MEMBER Education Committee FRED W. THIELE, JR Assemblyman 2~l) District COMMITTEES Ways and Means Environmental Conservation Housing January 29,2006 RECEIVED Elizabeth Neville Town Clerk, Town of South old Town Hall, Main Road P.O. Box 1179 Southold, NY 11971 F!:" ',' (Yr-j ~- C...:'JI S"""'^'c1 ... .... '.'.': 'OWYJ (Ierl Dear Ms. Neville: Please find enclosed, a copy of Assembly Bill 985, as well as four Home Rule Request forms. This legislation would permit towns and villages within the Peconic Bay region to impose special development or impact fees on building permits for new construction or the substantial improvement of existing construction for the purposes of: (a) community facilities, (b) traffic mitigation, and (c) school facilities. The New York State Legislature is prohibited from passing any legislation that affects the property, affairs and government, of a specific local government, or a number of specific local governments, unless the State Legislature has received a request to pass the legislation from the local government(s) involved. This request is known as a Home Rule Request. On a local level, two-thirds of a legislative body are needed to pass a resolution requesting that the State Legislature pass the bill. Complete instructions of the Home Rule Procedure are on the back of the blue forms. All four forms should be completed, two for the Senate and two for the Assembly. Please forward the two Assembly forms to the Office of the Home Rule Counsel, Room 448M, the Capitol, Albany, NY, 12248. The two Senate forms should be sent to Office of the Home Rule Counsel, Room 517, the Capitol, Albany, NY 12247. If you have any questions about this legislative procedure, please contact my Albany Office. Sincerely yours, ~ FWT/slh ALBANY OFFICE: Room 443, Legislative Office Building, Albany, New York 12248. (518) 455-5997. FAX (518) 455-5963 DISTRICT OFFICE: 2302 Main Street, P.O. Box 3062, Bridgehampton, New York 11932. (631) 537-2583, FAX (631) 537-2836 E-mail Address:lhielef@assembly.state.ny.us STA~E OF NEW y~ 985 2007-2008 Regular Sessions IN ASSEMBLY (Prefiledl January 3, 2007 Introduced by M. of A. THIELE .. read once and referred to the Committee on Local Governments AN ACT to amend the town law, villages in the peconic Bay region in connection with the issuance of in relation to pe~itting towns and to assess special development fees building permits The Peonle of the State of New York. renresented in Senate and Assem- blv. do enact as follows: 1 Section 1. Legislative findings. Local governments in the peconic Bay 2 region have undergone an unprecedented rate of development over the past 3 decade. The number of new residential housing units has increased by 4 12.5% to more than 86,000 housing units from 1990 to 2000. In the town 5 of Southhampton, 277 building permits for new residential housing units 6 were issued in 1990. In 2000, 735 such permits were issued. Year round 7 population has also increased in the peconic Bay region, reaching 8 120,000 residents in 2000. Nearly half of all dwellings located in the 9 peconic Bay region are second homes. Consequently, not only has the year 10 round population increased, but the seasonal population for the region 11 has also dramatically risen. During the summer, the seasonal population 12 often triples to 350,000 people. 13 Rapid development, increases in housing units, increases in year round 14 population, and increases in seasonal population has resulted in signif- 15 icant stress to existing community infrastructure and increased demand 16 for new infrastructure. Such impacts have included crumbling highways, a 17 greater demand for community facilities such as pOlice stations, fire 18 stations, community centers, and recreational facilities, and a greater 19 need for school facilities. 20 More than a third of the total land area in the peconic Region remains 21 available for development. Thus, adverse impacts to existing highways 22 and increased demand for community and school facilities will continue 23 well into the future as the region reaches full buildout. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02209-01-7 @PRINTEDON RECYCLED PAPER . . A. 985 2 1 It has been well established by several planning studies that residen- 2 tial development does not pay for itself through the generation of new 3 real property taxes. It is generally accepted that for every dollar of 4 new tax revenue generated by new residential development, a $1.30 is 5 required to provide supporting services and infrastructure. Therefore, 6 the recent development boom in the Peconic Bay region has resulted in an 7 increased demand for services and new infrastructure and over stressing 8 of existing infrastructure. 9 Local governments are now considering large capital expenditures for 10 highway reconstruction, community facilities, and new schools. Many such 11 projects have already been approved. These capital outlays will cause 12 significantly higher property tax levies. 13 In summary, the rapid rate of development is stressing existing 14 infrastructure past its limits as well as creating a demand for new 15 infrastructure. In turn, this will result in skyrocketing tax levies, 16 unless alternative funding sources are implemented. 17 Other communities across the country have addressed the infrastructure 18 demands associated with overdevelopment by instituting special develop- 19 ment or impact fees to help to pay for such increasing infrastructure 20 demands. Such fees impose a portion of the financial responsibility on 21 the new development which created the need for additional infrastruc- 22 ture, rather than solely all real property taxpayers at large. In these 23 communities, the institution of impact or special development fees has 24 resulted in the provision of needed infrastructure while maintaining 25 stable property taxes. Such a system provides for a fairer assessment of 26 the financial responsibility relating to infrastructure for these commu- 27 nities. 28 This act permits the peconic Bay region local governments to institute 29 a system of certain impact fees in order to fairly distribute the finan- 30 cial responsibilities for the increased need for infrastructure associ- 31 ated with new development. 32 5 2. The town law is amended by adding a new section 64-i to read as 33 follows: 34 5 64-i. SDecial develoDment fees for buildina Dermits authorized in 35 the peconic Bav reaion. 1. Cal For the DUrDOSeS of this section. the 36 term I'peconic Bav reaionR shall have the same meanina as defined in 37 oaraaraDh (a) of subdivision one of section sixtv~four~e of this arti- 38 ~ 39 Cbl For the DUrDOSeS of this section. "substantial imDrovement" shall 40 mean an increase of fifty nercent or more in the total sauare footaae of 41 an existina buildina or structure. 42 2. Notwithstandina any Drovision of law to the contrarv. the town 43 board of any town in the Peconic Bav reaion. and the villaae board of 44 any villaae in the peconic Bav rea ion shall be authorized to imoose 45 sDecial develoDment fees on the issuance of a buildina Dermit for the 46 followina DUrDOSes: Cal cnmmunitv facilities develoDment: Cbl traffic 47 mitiaation: and Ccl school facilities. 48 3. The amount of such fees shall be set bv the town or villaae board 49 and shall be reasonably related to the actual need for such services. 50 Droarams or facilities. 51 4. Each town or villaae which establishes the sDecial develoDment fees 52 authorized bv this section shall create a trust fund for each tVDe of 53 sDecial develoDment fee. All fees shall be deDosited in the aDDroDriate 54 trust fund. @PRlNTEDON RECYCLED PAPER A. 985 . 3 . 1 5. In the case of the community facilities trust fund and the traffic 2 mitiaation trust fund. the town or yillaae shall use such funds exclu- 3 siyely for the Duroose for which the fund was established. 4 6. The community facilities trust fund shall be utilized for the 5 acauisition of land. new construction. or the eXDansion of existina 6 facilities reauired to Drovide Doli08 services. fire services. emeraencv 7 services. libraries. museums. recreation. youth services. senior 8 services. and other similar services orovided directly or indirect Iv bv 9 local aoyernment. 10 7. The traffic mitiaation trust fund shall be utilized for the 11 imDrovement. reDair. and reconstruction of existina hiahwavs. the 12 construction of bicycle oaths. the imcrovement of railroad stations. the 13 Drovision of bus transDortation. and other similar alternative means of 14 transDortation which would result in the reduction or mitiaation of 15 automobile and truck traffic. 16 8. Each Year. as Dart of the budaet adoDted by the town or yil1aae. 17 the town board or yillaae board. as the case may be. shall aDDrove a 18 D1an for the use of such communi tv facilities and traffic mitiaation 19 trust funds. Such Dlan may only be amended durina the fiscal year after 20 a Dublic hearina. for which notice shall be Drovided in the same manner 21 as is reauired for the adoDtion of a local law. An advisorY committee 22 shall be established of not more than seven members to assist the town 23 or villaae. as the case may be. in the oreoaration and amendment of such 24 Dlans for the use of such funds. 25 9. In the case of the school facilities trust fund. the town or 26 villaae. as the case may be. shall keeo an account as to the location of 27 the orODerty from which each fee was aenerated. Such fee shall be cred- 28 ited to the school district from which the fee was aenerated. On Febru' 29 ary first of each year. the town or vi1laae shall transfer to each 30 school district the funds aenerated from the orevious calendar year. 31 School districts shall olace such funds in a trust fund and the oroceeds 32 of such fund shall only be utilized for the construction or recon. 33 struction of new or excanded school facilities. 34 10. When a town or villaae shall establish one or more of the soecial 35 develooment fees authorized by this section. such town or vi1laae shall 36 also be authorized to exemot affordable housina units from the oavment 37 of such fees. The term "affordable housina" shall be defined by the 38 town or villaae. bv local law. 39 S 3. This act shall take effect immediately. @'PRlNTEDON RECYCLED PAPER