HomeMy WebLinkAboutLL 2010 #07DAVID A. PATERSON ·
GOVERNOR
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
LOF~RAINE A. CORTI~S-VJ~ZQUEZ
September 1,2010
RECEIVED
Lynda M Rudder
Town of Southold
Town Hall 53095 Main Road
PO Box 1179
Southold NY 11971
SEP - 7.2010
Southold Town Clerk
RE: Town of Southold, Local Law 5&6&7&8, 2010, filed on 8/30/10
Dear Sir/Madam:
The above referenced material was filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WV~N.DO$.STATE.N;(.U$ * E-MAIL: INFO,DOS.STATE.NY.US '
r~~ USAirbill ,:m 8663 9461 6540
Express
Account Number 1087-702c2-8
c~a~TOWN OF' ~OUTHOLD
Addmu 5~0C'}5 ROUTE ~5
c~ySOUTHOLD s~ NY z,P IlC~71
48 Express Package Service
4b F.q)ress Freight Sen/ice
[] NOTAvBnBbPelor [] 8tFedEx~ocetJm [] atFedExLoc~on
s.~. [] Recipient [] lhirdpart'/ [] CreditCard [] CB~h/Check
8 Residential Delivery Signature Options
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nort hfork.net
. OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August27,2010
Fed Ex
RE:
Local Law No. 5, 6, 7 & 8 of 2010
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-001
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 5, 6, 7 & 8 of 2010 of the Town
of Southold, suitable for filing in your office.
1 would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
[] County
r~ City
[] Town of
rq Village
SOUTHOLD
Local Law No. 7
of the year 2010.
A Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building
Code Administration, and Chapter 280, Zoning", in connection with Building Permit Fees
Be it enacted the Town Board of the:
[] County
[] City
[] Town of
[] Village
SOUTHOLD
I. Purpose.
The Town Board has reviewed the building permit and certificate of occupancy fees associated with the
Town's Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280)
and have determined that the calculation of building permit fees is outdated and requires revision. Additionally,
the Town Board is removing the references to certificate of occupancy fees in Chapter 280 and relocating such
fees within Chapter 280 so that all Building Department fees are located in Chapter 144.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
Permit fees.
(1) The following fees shall be paid upon the filing of an application with the Building Inspector for
a building permit, which fees shall be paid into the general fund if the application is approved or
returned to the applicant if the application is denied:
(a) Single-family dwellings:
[1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40
for each square foot of floor area.
[2] Accessory buildings and additions or alterations to existing accessory buildings:
$100, plus $0.40 for each square foot of floor area.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
(2)
(3)
(4)
(5)
(6)
(b) Farm buildings and additions or alterations to existing farm buildings: $150 for each
building.
(c) Hotel, motel, multiple dwellings and business, industrial and all other buildings,
including wineries:
[1] New buildings and additions and alterations to existing buildings: $250, plus
$0.40 for each square foot of floor area.
[2] Accessory buildings and additions and alterations to existing accessory buildings:
$100, plus $0.40 for each square foot of floor area.
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground
swimming pools, together with required enclosure fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square
foot of floor area.
If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of
$50.
For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area
shall be included in the calculation of floor area.
Preconstruction fee. If any land clearing or excavation or building or commencement of any
construction activity is without the benefit of applicable Town permits, all fees associated with
any land clearing or excavation or building or construction activity will be equal to double the
otherwise applicable fee for all permits as provided by this chapter.
Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts,
including but not limited to fire districts, school districts, park districts and the like.
In the event that a building permit is not approved, the applicant shall be entitled to a refund of
50% of the fee paid within one year of issuance, provided that no construction has commenced.
§ 144-15. Certificate of occupancy required; application.
Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-
1989]
(I) The following fees shall be paid upon the filing of an application with the Building Inspector for
a Building Permit, which fee shall be paid into the general fund if the application is approved or
returned to the applicant if the application is denied:
(a) Business buildings and/or business uses and additions and alterations thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.EN
(e) Updated certificates of occupancy by reason of additions or alterations: $50.
(f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-
1993; 4-30-1996 by L.L. No. 3-1996]
(2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts,
including but not limited to fire districts, school districts, park districts and the like.
III. Chapter 280, Section 154, H(1) & H(2) to be removed in its entirety
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
2
thereof other than the part so decided to be unconstitutional or invalid.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 10 . of the
(~3o~E~4?6~(Town) (V'2.'.:.g,:) of SOUTHOLD was duly passed by the
TOWN BOARD on August 10 ,20 10 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ___, and was (approved)(not approvedXre-passed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20__. Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approvedXnot approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
4
5. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph I , above.
(Seal)
Cle-'~ of~ County 'legislative body. City. Town or
Village Ch~rk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: August 18~ 2010
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
1, the undersigned, hereby certify that the foregoing local law conta/ias--th'e~orrect text and that all proper proceedings
have been had or taken for the enactment of the local law anne~
Sign a'mr.~-~'~
Martin D. Finnegan, Town Attorney
Jennifer Andaloro, Esq. Assistant Town Attorney
Title
Town of $OUTHOLD
Date:
August 18~ 2010
5
RESOLUTION 2010-634
ADOPTED
DOC ID: 6116
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-634 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 10, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of July, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 144, Fire Prevention and Building Code
Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees.
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection
with Building Permit Fees ' reads as follows:
LOCAL LAW NO. 7 of 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning"~ in connection
with Building Permit Fees.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board has reviewed the building permit and certificate of occupancy fees associated
with the Town's Fire Prevention and Building Code Administration (Chapter 144) and the
Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is
outdated and requires revision. Additionally, the Town Board is removing the references to
certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that
all Building Department fees are located in Chapter 144.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
Permit fees.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fees shall be paid into the general
Resolution 2010-634
(2)
(3)
(4)
(5)
(6)
Board Meeting of August 10, 2010
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Single-family dwellings:
[1 ] New dwellings and alterations or additions to existing dwellings:
$200 pi s$040fo h q fo fflo : .........
, u . reac s uare oto or area
[2] Accessory buildings and additions or alterations to existing
accessory buildings: $100, plus $0.40 for each square foot of floor
area :,n ........ c ~nn .......
(b) Farm buildings and additions or alterations to existing farm buildings:
$150 for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all other
buildings, including wineries:
[1] New buildings and additions and alterations to existing buildings:
$250, plus $0.40 for each square foot of floor area in~x~-ess~ff
[2] Accessory buildings and additions and alterations to existing
accessory buildings: $100, plus $0.40 for each square foot of floor
area in ....... c qn,~ .......
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure fencing:
$250; aboveground swimming pools, together with required enclosure
fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: $70 $100 minimum and
$0 30 for each square foot: ......... c~nn ....... fc,=t of floor
................. ,~,.,..~ area.
If an application is denied and a notice of disapproval is issued, the applicant shall
pay a fee of $50.
For the purpose of this Subsection K, cellars, decks, attached garages and any
habitable area shall be included in the calculation of floor area.
Preconstruction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of applicable
Town permits, all fees associated with any land clearing or excavation or building
or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
Notwithstanding the foregoing, no fee shall be required of or paid by taxing
entities or districts, including but not limited to fire districts, school districts, park
districts and the like.
In the event that a building permit is not approved, the applicant shall be entitled
to a refund of 50% of the fee paid within one year of issuance, provided that no
construction has commenced.
§ 144-15. Certificate of occupancy required; application.
Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by
L.L. No. 20-1989]
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a Building Permit, which fee shall be paid into the general
Updated: 8/18/2010 11:55 AM by Lynda Rudder Page 2
Resolution 2010-634
Board Meeting of August 10, 2010
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Business buildings and/or business uses and additions and alterations
thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.EN
(e) Updated certificates of occupancy by reason of additions or alterations:
$50.
(f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by
L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996]
Notwithstanding the foregoing, no fee shall be required or paid by taxing entities
or districts, including but not limited to fire districts, school districts, park districts
and the like.
(2)
IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-154. Certificates of Occupancy.
$50.
i i NT~ .~ ~nn~. 4,~n ~OO~..T [ Xt~ 3 1996]
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Updated: 8/18/2010 11: 55 AM by Lynda Rudder Page 3
Resolution 2010-634 Board Meeting of August 10, 2010
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell
Updated: 8/18/2010 11:55 AM by Lynda Rudder Page 4
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August l0,2010
7:35 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 8:02 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day
of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to
Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~
Zoning~ in connection with Building Permit Fees".
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public heating on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 10th day of August, 2010 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~
Zoning~ in connection with Building Permit Fees ' reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building. Code Administration~ and Chapter 280~ Zoning,'. in
connection with Building Permit Fees.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board has reviewed the building permit and certificate of occupancy
fees associated with the Town's Fire Prevention and Building Code Administration
(Chapter 144) and the Zoning Code (Chapter 280) and have determined that the
calculation of building permit fees is outdated and requires revision. Additionally, the
Town Board is removing the references to certificate of occupancy fees in Chapter 280
and relocating such fees within Chapter 280 so that all Building Department fees are
Amend Building Permit Fees 2
August 10, 2010
located in Chapter 144.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
K. Permit fees.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fees shall be paid into the
general fund if the application is approved or returned to the applicant if
the application is denied:
(a) Single-family dwellings:
[1 ] New dwellings and alterations or additions to existing
dwellings: $200, plus $0.40 for each square foot of floor
area in ............ square
[2] Accessory buildings and additions or alterations to existing
accessory buildings: $100, plus $0.40 for each square foot
of floor area ir` er. zzs: Ac cnn .......
(b) Farm buildings and additions or alterations to existing farm
buildings: $150 for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all
other buildings, including wineries:
[1] New buildings and additions and alterations to existing
buildings: $250, plus $0.40 for each square foot of floor
area ............ , .... .~
[2] Accessory buildings and additions and alterations to
existing accessory buildings: $100, plus $0.40 for each
square foot of floor area ir` e::ee::
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure
fencing: $250; aboveground swimming pools, together with
required enclosure fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: $?9 $100 minimum
Ac ~,~n ....... c~=, of floor
and $0.30 for each square foot ir, e×ze::
arca.
(2) If an application is denied and a notice of disapproval is issued, the
applicant shall pay a fee of $50.
(3) For the purpose of this Subsection K, cellars, decks, attached garages and
any habitable area shall be included in the calculation of floor area.
(4) Preconstruction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of
applicable Town permits, all fees associated with any land clearing or
excavation or building or construction activity will be equal to double the
otherwise applicable fee for all permits as provided by this chapter.
(5) Notwithstanding the foregoing, no fee shall be required of or paid by
taxing entities or districts, including but not limited to fire districts, school
districts, park districts and the like.
(6) In the event that a building permit is not approved, the applicant shall be
Amend Building Permit Fees
August 10, 2010
entitled to a refund of 50% of the fee paid within one year of issuance,
provided that no construction has commenced.
§ 144-15. Certificate of occupancy required; application.
E. Certificate of occupancy fees. ]Amended 3-14-1989 by L.L. No. 3-1989; 9-26-
1989 by L.L. No. 20-1989]
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a Building Permit, which fee shall be paid into the
general fund if the application is approved or returned to the applicant if
the application is denied:
(a) Business buildings and/or business uses and additions and
alterations thereto: $50.
(b)New dwellings and additions and alterations thereto: $50.
(c)Accessory buildings and additions and alterations thereto: $50.
(d)Preexisting dwellings: $100.EN
(e) Updated certificates of occupancy by reason of additions or
alterations: $50.
(f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21 -
1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996]
(2) Notwithstanding the foregoing, no fee shall be required or paid by taxing
entities or districts, including but not limited to fire districts, school
districts, park districts and the like.
III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-154. Certificates of Occupancy.
H ,~.~:r.~+~^c ........... c~. rA~.~.~ la. !9.,09~y~ r x;~ 2 !9-,09;9
b~,LL N 20~a°al
IV.
3
lnna i...t · xt^ ~ !992;a, an lnn<l...t t xt^..a
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
Amend Building Permit Fees
August 10, 2010
unconstitutional or invalid.
4
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
I have the notice dated July 30, 2010 that it was posted in the Suffolk Times and an
affidavit that it was posted on the Town Clerk's bulletin board. We have a notice from
the Suffolk County Planning Commission stating that it is a matter for local
determination. From the LWRP coordinator, saying that the proposed local law has been
reviewed to chapter 268 and based upon the information provided to this department as
well as the records available to me, it is my recommendation that the proposed action is
consistent with the LWRP policy standards and therefore is consistent with the LWRP. I
have a couple of other short notices, short environmental assessment form which was
attached to the LWRP and that is it.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board
on building permit fees?
BENJA SCHWARTZ: Good evening. If nobody else will, Benja is here. How are you
doing? I don't get it. What is the story here? It says here the following fees shall be
paid, the fees shall be paid or returned to the applicant if the application is denied. So it
should go into the general fund if the application is approved or returned to the applicant
so there it implies that whatever fee the applicant paid, he will get it back if the
application is denied. And then down here, it says if the application is denied, the
applicant shall pay a fee of $50. So it sounds like you are taking the money, giving it
back and then taking more money. Why not just refund everything but the $50? But then
it gets even more exciting down further on where it says that in the event a building
permit is not approved the applicant shall be entitled to a refund of 50% of the fee paid
within one year of issuance, the building permits not approved, the applicant shall be
entitled to a refund of 50% of the fee paid within one year of issuance. If it is not
approved, then how is it issued? And if they get 50% of the fee back where if it is denied
they get it all back? I don't, I just don't understand the language here, what it means.
COUNCILMAN TALBOT: There are a couple of them where you are talking about has
already been in the code and hasn't changed. The one in regards to paying an additional
$50, that is if the application is going to go to be heard in front of the Zoning Board of
Appeals and a notice of disapproval is written by the building inspector.
MR. SCHWARTZ: Well, if that is what it says here, then we should pass this law. But I,
you know, first review here doesn't, it is not very easy to understand. At the very least it
could be clarified.
COUNCILMAN TALBOT: Benja, the easy summary of this whole thing is there was
no amendments to the existing fee schedule. There were eliminations. We had a lot of
Amend Building Permit Fees 5
August 10, 2010
things that the town was giving for free. For example, new dwellings and alterations or
additions to existing dwelling. Pay a $200 fee plus .40 for each square foot of floor area
in excess of 850 square feet. Then it went into accessory buildings, you paid a fee and
then everything in excess of 500 square feet. So the town was giving all oft[ds stuff for
free where it still had to be reviewed by the building department, plans examiner and then
inspected by the building inspectors and I had suggested that we eliminate the freebies
because nobody gets anything for free these days and those were the amendments to it.
as far as the certificates of occupancy, we used to pay them at a $25 rate at the end of the
project and the building department was forever chasing applicants whether they knew
that their certificate of occupancy was never issued, the contractor might have left it not
closed, so the building department ended up chasing the homeowners to find these fees.
So we amended that, it is a $50 fee will be paid at the time the permit is issued or paid
for. So all the money will be paid up front. Other than that, there were no other
amendments made to it.
MR. SCHWARTZ: So you are saying all this is already in the law? That if the
application is retumed to the applicant that the fees shall be returned to the applicant if
the application is denied ....
COUNCILMAN TALBOT: Yes, that has already been in the code.
COUNCILMAN KRUPSKI: Martin, could you clarify that? Number 6.
MR. SCHWARTZ: And then if the application is denied, the applicant shall pay a fee of
$50. If my application was denied and I had to pay a fee for that, I mean, if they held
back some of the money that I paid originally I would understand it but if I had to pay a
fee for the denial, it would bother me. And then that section 6 there ....
COUNCILMAN KRUPSKI: That is a valid point. Number 6 is kind of interesting.
SUPERVISOR RUSSELL: I think that speaks to the issue of notice of disapproval,
which you need to go to another jurisdiction like the ZBA. Okay, would anybody else
like to address the Town Board on this particular local law?
NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I
just have been thinking about this. When they do an addition down in our area, it has
wrecked the roads. Is there anyway that you could put a fee on to repair roads when they
come in with all that heavy equipment and really rip up the roads? Is that out of the
question?
SUPERVISOR RUSSELL: They would actually, under current, without changing any
laws at all, be required to repair that road, to replace it in kind. To its original condition.
MS. SAWASTYNOWICZ: The person that destroyed it.
SUPERVISOR RUSSELL: That is right. If that is taking place, then we need to know
Amend Building Permit Fees 6
August 10, 2010
about it. I am sure Pete Harris will be out there making sure that they go out and restore
what they have destroyed.
MS. SAWASTYNOWICZ: The building department inspector wouldn't report saying
the road was all ....
SUPERVISOR RUSSELL: Well, that is issues of communication can always be
improved in town government, that is for sure.
MS. SAWASTYNOWICZ: Okay. I will keep an eye on it and talk to Pete when
construction is done because that has really wrecked that little tar road there.
SUPERVISOR RUSSELL: Please. Thank you. Would anybody else like to address the
issue of building permit fees? (No response)
This hearing was closed at 8:10 PM
Southold Town Clerk
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
Town of Southold
Office of the Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, New York 11971
Att: Ms. Elizabeth A. Neville, Town Clerk
August9,2010
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
RECEIVED
A~G 1 ?- 2010
Applicant: Town of Southold
Zoning Action: Amendment: A Local Law in relation to
Amendments to Chapter 144 and Chapter
280 in connection with Building Permit
Fees
Municipal File No.: Local Resolution No. 2010-512
S.C.P.D. FileNo.: SD-10-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to 25 of the Suffolk County Administrative
Code, the above referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Very truly yours,
Thomas A. Isles, AICP
Director of Planning
Planner
JHC:jc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
(631) 853-5191
TELECOPIER (631) 8534044
LL - AMENDMENTS/BUILDING PERMIT FEES
SUMMARY OF PROPOSED CHANGES
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC
HEARING RESULTS FROM THE TOWN BOARD REVIEWING THE BUILDING
PERMIT AND CERTIFICATE OF OCCUPANCY FEES ASSOCIATED WITH THE
TOWN'S FIRE PREVENTION AND BUILDING CODE ADMINISTRATION (CHAPTER
144) AND THE ZONING CODE (CHAPTER 280) AND HAVING DETERMINED TH,AT
THE CALCULATION OF BUILDING PERMIT FEES IS OUTDATED AND REQUIRES
REVISION. ADDITIONALLY, THE TOWN BOARD IS REMOVING THE REFERENCES
TO CERTIFICATE OF OCCUPANCY FEES IN CHAPTER 280 AND RELOCATING
SUCH FEES SO THAT ALL BUILDING DEPARTMENT FEES ARE LOCATED IN
CHAPTER 144.
9863
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
29th day of July, 2010.
Principal Clerk
Sworn to before me this
0 day of
NOTA~'¢ ~U81.1C-$~/,7~ OF NEW YORK
~!o. 0]-~ 5', D5050
LEGAL NOTICE --
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
them has been presented to the Town
Board of the Town of Southold, Suffolk
Coun[y, New York, on the 13th day of
July, 2010, a Local Law entitled
~hal}ter 144. Fire Preventio~ aad
which fees shall be paid into the general
~nd if the application is approved or re-
turned to the applicant if the application
is dealed:
(a) Single-family dwellings:
[1] New dwell[ngs and alterations
or additions to existing dweUings: $200,
plus $0.40 for each square foot of floor
[2] Accessory buildings and addi-
tions or alterations to existing acces-
sory buildings: $100. plus $0.40 for each
$25~.
(3) For th~ purpose of this Subsection
~E. Certificate of oceuoancy fees
~2~mended 3-14-1989 bv L.L. No. 3-19_89;
9-26-1989 bv L.L. No. 20-1989]
~1) The follow[ne fees shall be oaid
~on the fil[n~ of an anolication with the
Buildth~ Inspector fora Buildal~ Permi~
which fee shag be void into the £encr~l
~nd if the aoolication is aomoved or ~e
Cede Admiaim'a~oa. and C~m;:~ turned to the aoolicant if the aoolicati0n
~ reads as foJJows:
LOCAL L~W NO,: 2810
A Lo~ai Law entitJed, "~ 'L~tal Law
1.~
(a) B~dness balldin~s and/or busl-
n~ss uses and additions and alteratio~
thereto: $50,
(b) New dwelHnas and additions filial
alterations thereto: $~0,
~'C) Accessory build[n~s and addition~
and alterations thereto: $50
(e) Ut~lated certLficates of occu[~cy
~v reason of additions or alterations-
ffl Conies of certificates of occuoan-
tv: $0.25.EN IAmended 12-21-~9§'~
LL No. 26-1993; 4-30-1996 bv LL No,
_3.1996]
· . ~ark districts and the llke,
Is removmg the references to certificate Ill. Chapter 280 of the Code of the
of occupancy fees in Chapter 280 and Town of Southold is hereby amended as
~ adjudged by any court of ~mpetent
jurisdiction te ~ invalid, tbe jud~ent
shall not affect tbe validity of ~is law ~
tbe pa[t so d~ided to be unconstitution-
mediately upon filing with the Secreta~
of State as pxovided by law.
Dated: July ] 3, 2010
BY ORDER OF
OFTHETO~ OF SOUTHOLD
Elizabeth Neville
,AUG. 10. 2010~ 8:48AM ~a-~a-ae,,,~ s c PL.~NI'N~i D~'PTNO. 023 P. 1~ e2
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS A, ISLES, A.I.C, P
DIRECTOR OF PLANNING
Town of Sou~hold
Office of the Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, New York 11971
Att: Ms. Elizabeth A. Neville, Town Clerk
August ~, 2010
AUG
RECEIVED
AUG 1 0 2010
I O 2010
Town Cler~
Municipal File No.:
S.C.P.D. File No.:
Applicant: Town of Southold
Zoning Action: Amendment: A Local Law ii1 relation to
Amendments to Chapter 144 and Chapter
280 i~ connection with Buildint Permit
Fees
Local P,e~o]ution No, 2010~ ~ 2
SD-10-LD
Dear Ms, N~ville:
Pursumat to the requirements of Sections A 14-t 4 to 25 o£the Suffolk County Administrative
Code, the above referenced application which la~ been submitted to the Suffolk County Planning
Commission is considered to be a manor for lo~,l determination as there is no apparent si~mificaat
county-wid~ or intel'-~ornmunit7 impa~t(s). A decision of local determination should not be
construed ~ either ~n approval or disapproval,
very tuffy yours,
Thomas A. Isles, AICP
Director of Planning
Planne~
JHC:J¢
LOCATION
H, (.dA DENNISON ELDO.. 4TH FLOOR
lOO VIF;EEANS MEMORIAL HIQ~AY
MAILING ADDRESS
P, O, BOX BInD
HAUI~PAUGE. NY 11788.0099
(031) ~E3.$191
TELECOPtER (631) BS~404~
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDle:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
F~x: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
From: MarkTerry, Principal Planner ~,
LWRP Coordinator
Date: August 9, 2010
Re:
A Local Law entitled, "A Local Law in relation to Amendments to Chapter
144, Fire Prevention and Buildin.q Code Administration, and Chapter 280,
Zoning, in connection with Building Permit Fees"
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR /2.PROJECT NAME
Town of Southold Town Board / Amendments to Chapter 144 and Chapter 280
3. PROJECT LOCATION:
Municipality TownofSouthold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Town of Southold
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
"A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280,
Zoning, in connection with Building Permit Fees"
AMOUNT O)J: LAND AFFECTED:
Initially N,~ acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If No, describe bdefly
9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other
Describe:
NA
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and permit/approvals:
Filing with the New York State Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] No If Yes, list agency(s) name and permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes []No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOV~.EDGE
Applicant/sponsor name: Town of Southold Town Board Date: 8/09/10
Signature:
I If the action is in the Coastal Area, and you are a state agency, complete the I
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF,
[~Yes [~]No
B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
r~Yes r~No
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, signiticent habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy:
None
C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly:
None
C7. Other impacts {including changes in use of either quantity or type of energy)? Explain bdefly:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA}?
[] Yes ~_~r~ No If Yes,
explain
briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necossa~, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] ~heckthisb~xify~uhaveidenfifled~ne~rm~rep~tentia~ly~arge~rsigni~cantadverseimpactswhichMAY~Ccur- ThenpreceeddirectlytotheFULI
EAF and/or prepare a positive deciaretion.
[] Check this boxif you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILl
NOT resu t n any s gn flcan adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatio~
Town of Southold Town Board
Name of Lead Agency
Scott Russell
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
8/09/I 0
Date
Supervisor
Sig~/~re of Preparer (~liffe~'~nt from ress,~fble officer)
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 13th day of July, 2010, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in
connection with Building Permit Fees".
and
NOTICE IS HEREBY FURTHER 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, 53095 Main Road, Southold, New York, on the 10th day of August, 2010 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~
Zoning~ in connection with Building Permit Fees" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning"~ in
connection with Building Permit Fees.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The Town Board has reviewed the building permit and certificate of occupancy
fees associated with the Town's Fire Prevention and Building Code Administration
(Chapter 144) and the Zoning Code (Chapter 280) and have determined that the
calculation of building permit fees is outdated and requires revision. Additionally, the
Town Board is removing the references to certificate of occupancy fees in Chapter 280
and relocating such fees within Chapter 280 so that all Building Department fees are
located in Chapter 144.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
Permit fees.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fees shall be paid into the
general fund if the application is approved or returned to the applicant if
the application is denied:
(a) Single-family dwellings:
(2)
(3)
(4)
(5)
(6)
[1 ] New dwellings and alterations or additions to existing
dwellings: $200, plus $0.40 for each square foot of floor
area ............... .~ ........
[2] Accessory buildings and additions or alterations to existing
accessory buildings: $100, plus $0.40 for each square foot
of floor area in ....... c ~n^ ....... c~,
(b) Farm buildings and additions or alterations to existing farm
buildings: $150 for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all
other buildings, including wineries:
[! ] New buildings and additions and alterations to existing
buildings: $250, plus $0.40 for each square foot of floor
area: ........ cf ~ nn~ ....... c~,
[2] Accessory buildings and additions and alterations to
existing accessory buildings: $100, plus $0.40 for each
square foot of floor : .........c aaa
area ............... ~ ...... r~,
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure
fencing: $250; aboveground swimming pools, together with
required enclosure fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: $70 $100 minimum
and $0 30 for each square foot in ........ corm ....... c~,
.............. ,~ ....... of floor
area.
If an application is denied and a notice of disapproval is issued, the
applicant shall pay a fee of $50.
For the purpose of this Subsection K, cellars, decks, attached garages and
any habitable area shall be included in the calculation of floor area.
Preconstmction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of
applicable Town permits, all fees associated with any land clearing or
excavation or building or construction activity will be equal to double the
otherwise applicable fee for all permits as provided by this chapter.
Notwithstanding the foregoing, no fee shall be required of or paid by
taxing entities or districts, including but not limited to fire districts, school
districts, park districts and the like.
In the event that a building permit is not approved, the applicant shall be
entitled to a refund of 50% of the fee paid within one year of issuance,
provided that no construction has commenced.
§ 144-15. Certificate of occupancy required; application.
Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-
1989 by L.L. No. 20-1989]
(1)
(2)
The following fees shall be paid upon the filing of an application with the
Building Inspector for a Building Permit, which fee shall be paid into the
general fund if the application is approved or returned to the applicant if
the application is denied:
(a) Business buildings and/or business uses and additions and
alterations thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.EN
(e) Updated certificates of occupancy by reason of additions or
alterations: $50.
(t) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-
1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996]
Notwithstanding the foregoing, no fee shall be required or paid by taxing
entities or districts, including but not limited to fire districts, school
districts, park districts and the like.
IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-154. Certificates of Occupancy.
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: July 13, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON Jul,y 29~ 2010, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Town Board Members
Accounting Dept.
Town Attorney
Bldg Dept
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the /da day of <7'~c~' ., 2010, she affixed a notice of
which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Building Permit Fees
-- -~izabeth/~. Neville
Southold Town Clerk
Sworn before me this
b~O day of ,~,f~,2010.
· -~lo/a-~ul~lic ·
LINI3A J COOPER
NOTARY PUBLIC, State of New York
NO. 01CO48225631 Suffolk Cou~
Term Expires December 31, 20
RESOLUTION 2010-512
ADOPTED
DOC ID: 6032
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-512 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 13, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of July, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 144~ Fire Prevention and Building Code
Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
l0th day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~
Fire Prevention and Building Code Administration~ and Chapter 280, Zonine, in
connection with Building Permit Fees" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning"~ in connection
with Building Permit Fees.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board has reviewed the building permit and certificate of occupancy fees
associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and
the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees
is outdated and requires revision. Additionally, the Town Board is removing the references to
certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that
all Building Department fees are located in Chapter 144.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
K. Permit fees.
(1) The following fees shall be paid upon the filing of an application with the
Res~olution 2010~512 Board Meeting of July 13, 2010
Building Inspector for a building permit, which fees shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Single-family dwellings:
(2)
(3)
[11
New dwellings and alterations or additions to existing dwellings:
$200, plus $0.40 for each square foot of floor area ._'
[2]
Accessory buildings and additions or alterations to existing
accessory buildings: $100, plus $0.40 for each square foot of floor
area .......... c cnn ....... c~,
(b)
Farm buildings and additions or alterations to existing farm buildings:
$150 for each building.
(c)
Hotel, motel, multiple dwellings and business, industrial and all other
buildings, including wineries:
[11
New buildings and additions and alterations to existing buildings:
$250, plus $0.40 for each square foot of floor area in ex:::: cf
[2]
Accessory buildings and additions and alterations to existing
accessory buildings: $100, plus $0.40 for each square foot of floor
area in ............. ~ ........
(d) Foundations constructed under existing buildings: $200.
(e)
In-ground swimming pools, together with required enclosure fencing:
$250; aboveground swimming pools, together with required enclosure
fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g)
Demolition and/or removal of any building: $70 $100 minimum and
$030fo chsquar fo ti ^c~nn ....... c~,offl
. rea e o n~,,~ ....... ,, ........ ~,~ oor area.
If an application is denied and a notice of disapproval is issued, the applicant shall
pay a fee of $50.
For the purpose of this Subsection K, cellars, decks, attached garages and any
habitable area shall be included in the calculation of floor area.
Updated: 7/13/2010 2:45 PM by Lynne Krauza Page 2
Re[olution 2010-512 Board Meeting of July 13, 2010
(4) Preconstruction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of applicable
Town permits, all fees associated with any land clearing or excavation or building
or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
(5)
Notwithstanding the foregoing, no fee shall be required of or paid by taxing
entities or districts, including but not limited to fire districts, school districts, park
districts and the like.
(6)
In the event that a building permit is not approved, the applicant shall be entitled
to a refund of 50% of the fee paid within one year of issuance, provided that no
construction has commenced.
§ 144-15. Certificate of occupancy required; application.
Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by
L.L. No. 20-1989]
(1)
The following fees shall be paid upon the filing of an application with the
Building Inspector for a Building Permit, which fee shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a)
Business buildings and/or business uses and additions and alterations
thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.EN
(e)
Updated certificates of occupancy by reason of additions or alterations:
$50.
Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by
L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996]
(2)
Notwithstanding the foregoing, no fee shall be required or paid by taxing entities
or districts, including but not limited to fire districts, school districts, park districts
and the like.
IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-154. Certificates of Occupancy.
Updated: 7/13/2010 2:45 PM by Lynne Krauza Page 3
Re~olution 2010-512
Board Meeting of July 13, 2010
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 7/13/2010 2:45 PM by Lynne Krauza Page 4
Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Friday, July 16, 2010 10:49 AM
To: Suffolk Times Legals
Subject: Building Permit Fees PH Legal Notice
Attachments: Building Permit Fees 8-10-2010.doc
Hello again,
Here is a Legal Notice of Public Hearing to be published July 29, 2010 in the Suffolk Times. Please
confirm receipt.
Thanks again for all your help.
Icoop
7/16/2010
Page 1 of I
Cooper, Linda
From: Cooper, Linda
Sent: Friday, July 16, 2010 11:05 AM
To: 'lloyd.reisenberg@town.southold.ny.us'
Subject: Building Permit Fees 8-10-2010
Attachments: Building Permit Fees 8-10-2010.doc
Please post on town web site
Public Hearing re: Building Permit fees
7/16/2010
Page 1 of 1
Cooper, Linda
From: Legals [legals@timesreview.com]
Sent: Friday, July 16, 2010 12:50 PM
To: Cooper, Linda
Subject: RE: Building Permit Fees PH Legal Notice
Hi Linda,
I have received the notice and we are good for the 29th.
Thanks again!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Friday, July 16, 2010 10:49 AH
To: Suffolk Times Legals
Subject: Building Permit Fees PH Legal Notice
Hello again,
Here is a Legal Notice of Public Hearing to be published July 29, 2010 in the Suffolk Times. Please
confirm receipt.
Thanks again for all your help.
Icoop
7/16/2010