HomeMy WebLinkAboutSpecial Development Fees - Building Permits
RESOLUTION 2008-185
ADOPTED
DOC ID: 3560
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-185 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 12,2008:
WHEREAS, a bill has been introduced in the State Legislature as A.985 and
WHEREAS, the bill seeks to permit towns and villages w-thin the Peconic Bay regions 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; now, 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 No. A.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".
,('1tr6t4Q.Qe~J".
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
A YES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
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....................I.9..~r:!...............................................................................of
(COUDIY, city,loWD or village)
.......?'>.~~t.'!'>.!.c,I.................................................. requests the enactment of A~iIIllllbi bill (no. ...A......~1I.~.......................... l,
(name) ssem y
(strike OUI one)
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)
IX 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)
o 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)
IX 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) ........ ....... ........ ........ ............ ......... .....................
(cbief executive officer)
..........................................................................
(Print or type name below signature)
Date: ........................................., 20.........
..........................................................................
(Title of cbief executive officer)
CLERK'S CERTIFICATION
I, ..............fluiI.b!;!.lh..,A.....N.lilV.ill!;!................, do hereby certify that I am Clerk of the ...I.l?~,I]...~qi1l.r9.........
(print or type name) (local legislative body)
.:..:.:..... ........... ......... ................... ....................... .............. ..... of the....... .....:r.l?~ 1:'1...... ................. ............ ...................
. (county, city, town or village)
of .............S.!ll.ltbQld................................................. and that on the nUl.............. day of ...f.~.I;?!:'.!,I!~ID~............ ,
(name)
20J!..!L. such legislative body, at least a ~~~s of the total membership having voted in favor thereof,
approved the foregoing request. (strike out one)
(SEAL OF lOCAL
GOVHRNMENr)
(Signed) .... ......................... ..... .................... ....................
(clerk)
Elizabeth A. Neville
... ..... ..........{~t;;; iY~.~~~ 'b~i~'~;~ig~~n.~Y"""'" .....
Date: .....F..~!?nH!.r.Y...U........, 20...9.11..
THE ASSEMBLY
STATE OF NEW YORK
ALBANY
---
ft 1-,<'1- oY
dit..(
VICE-CHAIRMAN
Joint Conference Committee
. .
RANKING MINORITY MEMBER
Education Committee
FRED W. THIELE, JR.
Assemblyman 2ND District
COMMITTEES
Ways and Means
Environmental ConseNation
Housing
January 22,2008
Elizabeth Neville, Clerk
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Ms. Neville:
Please find enclosed, a copy of Assembly Bill 985, as well as four Home Rule Request
forms. This legislation permits towns and villages in the Peconic Bay region to assess special
development fees in connection with the issuance of building permits.
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 ofthe 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.
s;re~,
Fred W. Thiele, Jr.
Member of Assembly
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, Bridgehamplon. New York 11932. (631} 537-2583, FAX (631) 537-2836
E-mail Address:1hielef@assembly.state.ny.us
RETRIEVe BILL
SPONSORS MEMO:
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec l(e)
BILL NUMBER: A98S
SPONSOR: Thiele
T"~'I'"L'.!:""()I"_~:I"LL: An act to amend the town law, in relation to permit-
ting towns and villages in the peconic Bay region to assess special
development fees in connection with the issuance of building permits
!,:g~!,()l;l~Q~G:~m;::R.P.J:.ID_~J>.QI1__'l'IIE"BIJ:,J:,: This legislation would permit
towns and villages within the Peconic Bay region (Towns of East Hampton,
Riverhead, Shelter Island, Southampton, and Southold) 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.
SUMMARY OF SPECIFIC PROVISIONS: This legislation adds a new section
64-f to the town law by authorizing towns and villages to impose special
development fees for the purposes of community facilities, traffic miti-
gation, and school facilities on building permits issued for new
construction or the substantial improvement of existing construction.
Revenues from each fee shall be placed in a trust fund to be used exclu-
sively for the purpose it was collected. In the case of community facil-
ities and traffic mitigation, the governing board of each local govern-
ment imposing the fees must approve a plan for the use of the trust
funds as part of the annual budget process. An advisory committee shall
be established to assist in creating the plan. In the case of school
facilities, the fees shall be turned over to the respective school
district from which it was generated to be used by that school district
exclusively for the construction of school facilities. Affordable hous-
ing shall be exempt from such fees.
JUSTIFICATION: Local governments in the peconic Bay region have
undergone an unprecedented rate of development over the past decade. The
number of new residential dwellings has increased by 12.5% to more than
86,000 housing units between 1990 and 2000. Record numbers of building
permits for new residential construction were issued during the 1990's.
Population for the peconic Bay region has increased to over 120,000
people. In addition, the number of "secondl1 homes in the region is near-
ly half the total number of residential dwelling units. Consequently,
the seasonal population during the summer is often in excess of 350,000
people.
Such rapid development has resulted in significant stress to the regions
existing infrastructure and an increased demand for new infrastructure
and facilities. Such impacts have included crumbling roads I a demand for
new police stations, fire stations I recreational facilities and schools.
More than a third of the existing land area in the Peconic Bay region
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1/22/2008
RETRIEVJ;l BILL
remains available for development. Thus, the existing stresses on
infrastructure and facilities will continue well into the future.
It has been well established that new residential development does not
sustain itself through the generation of new property tax dollars. It
has been demonstrated that new residential development demands $1.30 in
new services and infrastructure for every dollar generated in property
taxes.
Therefore, the recent development boom in the peconic Bay region is
adversely impacting local budgets by requiring higher taxes to provide
increased services and infrastructure.
It is the purpose of this legislation to allow local government to
impose impact fees to address the demand for services and infrastruc-
ture. Currently, existing real property taxpayers are absorbing these
increased costs for new development. Impact fees will permit a more
equitable distribution of cost by requiring new development to pay its
fair share for new infrastructure.
The result will be a stable property tax levy in the future.
PRIOR LEGISLATIVE HISTORY:
2005-06, A.2986; Referred to Local Governments
2003-04, A.I873; Referred to Local Governments
2001-02, A.9727; Referred to Local Governments
FISCA.LmIM!'LJCATIONS: None to the State.
EFFECTIVE DATE: Immediately.
Page 2 of2
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1/22/2008
'.
STATE OF NEW YORK
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 permitting 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
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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 overdeve1opment 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 cia1 responsibilities for the increased need for infrastructure associ-
31 ated with new development.
32 S 2. The town law is amended by adding a new section 64-i to read as
33 follows:
34 S 64-i. Soecia1 deve100ment fees for bui1dina oermits authorized in
35 the peconic Bav reaion. 1. (a) For the ourooses of this section. the
36 term .peconic Bav rea ion. shall have the same meanina as defined in
37 oaraaraoh (a) of subdivision one of section sixtv-four-e of this arti-
38 QJ..L.
39 Cb) For the Durooses of this section. I. substantial iI1\t)rovement'l shall
40 mean an increase of fifty nercent or more in the totalsauare footaae of
41 an existina buildina or structure.
42 2. Notwithstandina any Drovision of law to the contrary. the town
43 board of any town in the peconic Bav reaion. and the villaae board of
44 anv vil1aae in the peconic Bay rea ion shall be authorized to imoose
45 soecia1 deve100ment fees on the issuance of a bui1dina oermit for the
46 fol1owina ourooses: (a) community facilities deve10oment: (b) _ traffic
47 mitiaation: and (e) school facilities.
48 3. The amount of such fees shall be set by the town or villaae board
49 and shall be reasonably related to the actual need for such services,
SO nroarams or facilities.
51 4. Each town or vil1aae which establishes the soecial deve100ment fees
52 authorized bv this section shall create a trust fund for each tvoe of
53 soecia1 deve100ment fee. All fees shall be deoosited in the aoorooriate
54 trust fund.
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A. 985
3
1 ~ In the case of the community facilities trust fund and the traffic
2 mitiaation trust fund. the town or villaae shall use such funds exclu-
3 sively for the OUI1Jose for which the fund was established.
4 ~ The community facilities trust fund shall be utilized for the
5 ~auisition of land. new construction. or the exoansion of existina
6 facilities reauired to Drovide Dolice services. fire services. emeraencv
7 services. libraries. museums. recreation. youth services. senior
8 ~ervices. and other similar services orovided directly or indirectly bY
9 local aovernment.
10 .7. The traffic mitiaation trust fund shall be utilized for the
11 imcrovement. renair. and reconstruction of existina hiahwavs. the
12 construction of bicycle oaths. the imorovement of railroad stations. the
13 orovision 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 adooted bY the town or villaae.
17 the town board or villaae board. as the case may be. shall aoorove a
18 R1~for the use of such community facilities and traffic mitiaation
19 yust funds. Such olan may only be amended durina the fiscal year after
20 a oublic hearina. for which notice shall be orovided in the same manner
21 as is reauired for the adoDtion of a local law. An advisorY cnmmittee
22 shall be established of not more than seven members to assist the town
23 Qr villaae. as the case may be. in the oreoaration and amendment of such
24 olans for the use of such funds.
25 9. In the case of the school facilities trust fund. the town or
26 yillaae. as the case may be. shall keeo an account as to the location of
27 the orooerty 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 villaae shall transfer to each
30 school district the funds aenerated from the oreyious calendar year.
31 ~hool districts shall olace such funds in a trust fund and the oroceeds
32 2f such fund shall only be utilized for the construction or recon-
33 struction of new or exoanded school facilities.
34 10. When a town or villaae shall establish one or more of the soecial
35 deyelooment fees authorized by this section. such town or yillaae shall
36 also be authorized to exemot affornAhle housina units from the oavment
37 of such fees. The term "affordable housina" shall be defined by the
38 ~~ or villaae. by local law.
39 S 3. This act shall take effect immediately.
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