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HomeMy WebLinkAboutLL 2011 #02ANORL=W M. CUOMd *8'rATE OF NEW YORK DEPARTMENT OF STATE ONE ~OMMERGE PLAZ.~ 9g WA~HIN(~roN AVENUE AL&mY, NY 122~1-000! RUTH NoEMI CocON Februa~ 4,2011 RECEIVED Lynda M Rudder DeputyTown Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 FEB - 9 20~1 ,Soulhold Town Clerl RE: Town of Southold, Local Law 2 2011, filed on February 4, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny, us. Sincerely, State Records and Law Bureau ' (518) 474-2755 WWW.OO~.STAI~.NY.U8 * 1:41AIL:m~GGu~'ITAll'NY'U8 Custo~r Copy ~M/JlL EM 390736602 US UNITEDSTATESPOSTaLSERVICE® PostOfficeToAddressee t Trm alive C Insur~e Fee Delivery Date Time Employee Signature s lbs. ~ ~ ]' > ozs Int'l Alpha C°unt~ C°de Acceptance En~ ~U~ U-- ~ · , FROM:l~s~.mm~ ~or~( 631 t r 2outhold To~v~) Clerk TOWN OF SOU~HOi.~ :~o Box iiT~ SOUTHODD ~,[Y ATT: Lyuda Rudder 765-1800 Linda Lasch Prinlzipal Clerk NYSDOS State Recurds & Law Bureau Orle Coslmerce Aver~ Albany, F!Y ~223] SOUTHOLD MPO SOUTHOLD, New York 119711000 3548330971-0097 02/02/2011 (800)275-8777 03:13:01 PM Sales Receipt -- Product Sale Unit Final Description Qty Price Price ALBANY NY 12231 Zone-2 Express Mail PO-Add Flat Rate Env 3.20 oz. Label ~:EM390736602US Fri 02/04/11 12:00 PM Guaranteed Delivery Signature Requested Paid by account: EMCA nusber: 119294 Issue PVI: $1B,30 $18.30 $0,00 Total: $0.00 Paid by: Southold Town Board - Letter Board Meeting of January 18,2011 RESOLUTION 2011-112 ADOPTED Item # 5.33 DOC ID: 6543 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-112 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2011: WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees. and 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 280~ Zoning, in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Buildin/, Code Administration~ in connection with Deer Exclusion Fences Permit Fees which reads as follows: LOCAL LAW NO. 2 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Buildinl, Code Administration~ in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under § 144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Generated January 20, 2011 Page 47 Southold Town Board - Letter Board Meeting of January 18, 2011 Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be .... $250. oos] For ~ea v~ce applications involving fences, accessory stmct~es or accessory buildings, alterations or additions 200 squ~e feet in floor ~ea or more, the fee shall be $500. For applications containing more than one request, o"~ ....... u~.,: ......... ,: .... ....... ..: ...... a .... :,4~u .... : .... .~ c~ ~,~u ~,~ e~n,~ each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $299 $300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (rights-ogway), the fee shall be e.~n $400. appli For cations for rehearings, the fees shall ^.1~1--~! ~1:~*I^~ as follows: A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Amended Decision requiring a hearing shall have a fee that is the same as the original application. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. A hearing that has been re-calendared because it was adjourned without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. Generated January 20, 2011 Page 48 Southold Town Board - Letter Board Meeting of January 18, 2011 H. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. I. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. §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. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (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: Generated January 20, 2011 Page 49 Southold Town Board - Letter Board Meeting of January 18,2011 New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [21 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. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (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 entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. IlL 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. IV. EFFECTIVE DATE Generated January 20, 2011 Page 50 Southold Town Board - Letter Board Meeting of January 18, 2011 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 [UNANIHOUS] HOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated January 20, 2011 Page 51 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM390736602US February 1,2011 Express Mail Local Law No. 2 of 2011 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. 2 of2011 of the Town of Southold, suitable for filing in your office. I 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 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. Cl County ~n City [] Town of Cl Village SOUTHOLD Local Law No. 2 of the year 2011. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with )eer Exclusion Fences Permit Fees" Be it enacted the Town Board of the: rn County tn City [] Town of o Village SOUTHOLD I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under § 144-8. I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. B. C. D. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. For applications containing more than one request, each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $300 for each section of the Town Code for which an interpretation is requested. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $400. For applications for rehearings, the fees shall be as follows: 1. A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). 2. Amended Decision requiring a hearing shall have a fee that is the same as the original application. 3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. 4. A hearing that has been re-calendared because it was adjoumed without a date shall have a fee of $250. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. For all Special Exception Permit applications involving property located in a non-residential zone, the fee shall be $1,200. For applications for a waiver of lot merger, the fee shall be $750. For all applications for a use variance, the fee shall be $1,000. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. §144-8. K. (1) (2) Building permit required; application for permit. Permit fees. 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. (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. Deer exclusion fences erected in accordance with §280-105(C): $75. (h) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) (4) (5) (6) 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 cleating 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. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (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. 2 of 20 11 . of the (Czun.D')(C~.%')(Town) ('.'~.~:?,z) of SOUTHOLD was duly passed by the TOWN BOARD on January 18 ,20 11 , 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.) ~fhereby certify that thc local law annexed hereto, designated as local law No. of 20 the (CountyXCity)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approvedXrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (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 lax*. 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, designa[c~l 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 a~er leisapproval) by the on 20 Such local law was subject to rmissive 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. 5. (City local law concerning Charter revision proposed by petition.) I 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 of a 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.) I 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.) 1 further certify that I have compared the preceding local law With the original on file in this office and that the same is a ~m rrect transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated paragraph 1 , above. Clerk oft~ County I~gisla'tive' bo~y. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: JanuarT 28~ 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ~ii~OUNTY OF S.__UFFOLK , the undersigned, hereby certify that the foregoing local law cont/~t~orrect text and that all proper proceedings have been had or taken for the enactment of the local law anne~) Signature~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: January28~2011 RESOLUTION 2011-112 ADOPTED DOC ID: 6543 THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 2011-112 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2011: WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees. and 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 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees which reads as follows: LOCAL LAW NO. 2 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under § 144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as Resolution 2011-112 hereinafter provided: Board Meeting of January 18, 2011 For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $159 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. For applications containing more than one request, :uch ....... '~*: ..........: .... ........ : ...... .4 ~ ,,,iA*l. .... ; .... TI~ C~ ~1~1! I.~ e~t',~ each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be .... $300 for each section of the Town Code for which an interpretation is requested. For applications for variances ~om Town Law § 280-a (rights-o~way), the fee shall be e.~ $400, For applications for rehearings, the fees shall be `~' ....... ,~.~ c~ ~. .... ~ c~ ,~ ~--~, ...... t,~ .......... as follows: A reheating necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Amended Decision requiring a hearing shall have a fee that is the same as the original application. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. A hearing that has been re-calendared because it was adioumed without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. I. For applications for a Special Exception Permit for an accessory apartment located within Updated: 1/18/2011 3:35 PM by Linda Cooper Page 2 Resolution 2011-112 an accessory structure, the fee shall be $500. Board Meeting of January 18,2011 J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. {}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. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (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: [I] 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. Updated: 1/18/2011 3:35 PM by Linda Cooper Page 3 Resolution 2011-112 Board Meeting of January 18,2011 (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (2) (3) (4) (5) (6) (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. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. 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. IlL SEVERABIL1TY 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. IV. 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: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman Updated: 1/18/2011 3:35 PM by Linda Cooper Page 4 Resolution 2011-112 Board Meeting of January 18, 2011 AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 1/18/2011 3:35 PM by Linda Cooper Page 5 RESOLUTION 2011-111 ADOPTED DOC ID: 6542 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-111 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" is classified as a Type II Action pursuant to SEQRA Rules and Regulations~ 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell LL - AMENDMENTS/ZBA FEES & DEER FENCING 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 ZONING BOARD OF APPEALS FEES ASSOCIATED WITH SPECIAL PERMIT AND VARIANCE APPLICATIONS UNDER THE TOWN'S ZONING CODE (CHAPTER 280) AND HAVING DETERMINED THAT SUCH FEES ARE OUTDATED AND REQUIRE REVISION. ADDITIONALLY, THE TOWN BOARD IS ADDING A DEER FENCING BUILDING PERMIT FEE OF $~5.00 TO THE TOWN'S FIRE PREVENTION AND BUILDING CODE ADMINISTRATION (CHAPTER 144). THE FULL TEXT OF THE PROPSOED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on · the proposed Local Law listed below on January 18,2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning~ ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER To?n Hall, 53095 Main Road . P.O. Box 1179 Southold, New York 11971 [,ii ~: 2~ax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18,2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning~ ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Sigpature, Receiv'e~l,,By~.--~ Please print name Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: Ib//{ Title: ~--_..l~[~.f ?~~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE 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 I 19'~ 1 Fax (631) 765 -6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18, 2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning~ ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Signature, Rec, qived By Plgtase prirlt name ' Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: Title: ~' ~l / ~l ~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~EC'D ELIZABETH A. NEVILLE 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 ! 1971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18,2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning~ ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission S,gnatur~, Received B~v [~ Please print name I Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: I' '4- gott Titlet(km~ae. ~a~.~ t~ec~.o~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 81/83/2811 83:17 6317493436 S I TOWN CLERK PAGE 0~ ELIZABETH A. NEVILLE 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 ) 762;- 1S00 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18, 2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144~ Fire Prevention and Buildine Code Admini.stratlon, in connection with Deer Exclusion ~gr~.f_~_.p_e r m i t Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FF-.EEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18, 2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning~ ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or emall. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Signa e, Rece~v~ed~B - ~ Please ~nh~c ~ame Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18, 2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280~ Zoning. ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion ~,l*ences Permit Fees Please sign a duplicate of this letter and remm to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Depmtment Town of Riverhead Sign-atu?e,]~ecei3~d B~[ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: //~/ [f PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK REC'D ELIZABETH A. NEVILLE 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 18, 2011: 7:35 PM - Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion O.Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Signature, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: I [~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ECD Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Monday, January 03, 2011 11:31 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk' Subject: Notice to Adjacent Towns of PH Attachments: Notice to Dept & Adj towns.doc; ZBA fees and Deer fence fees 1-18-11 .doc PH scheduled for 1/18/11 re: ZBA fees and Deer fence fees Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance! If you really want to be happy, nobody can stop you 1/3/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Monday, January 03, 2011 11:43 AM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Glew, Claire; Lanza, Heather; Randolph, Linda; Scott, Robert; Standish, Laumn; Toth, Vicki; Verity, Mike Attachments: Notice to Dept & Adj towns.doc; ZBA fees and Deer fence fees 1-18-11 .doc Tracking: Recipient Delivery Bunch, Connie Cantrell, Elizabeth Cappabianca, Lucille Cooper, Linda Glew, Claire Lanza, Heather Randolph, !Jnda Scott, Robert Standish, Lauren Failed: 1/3/2011 11:43 AM Toth, Vicki Verity, Mike Notice of PH on 1/18/11 for ZBA fees and Deer fence fees, Linda J. Ooopor Deputy Town Clerk Town of Southold 631-785-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance! If you really want to be happy, nobody can stop you Read Read: 1/3/2011 11:45 AM 1/3/2011 SOUTHOLD TOWN BOARD PUBLIC HEAR~G January 18, 2011 7:32 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 7:55 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Admlnintration~ in connection with Deer Exclusion Fences 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 18th day of January, 2011 at 7:32 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 280~ Zoning: in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Buildino. Code Administration~ in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees Amendments to Chapter 280 2 January 18, 2011 under § 144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $!50 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. C. For applications containing more than one request, suzh additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $200 $300 for each section of the Town Code for which an interpretation is requested. E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $250 $400. fees shall be ............... F. For applications for rehearings, the_ ~ ....... *~ ~'~:~n~ ~-~:~"~ as follows: 1. A reheating necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). 2. Amended Decision requiring a heating shall have a fee that is the same as the original application. 3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. 4. A hearing that has been re-calendared because it was adjourned without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. H. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. I. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. Amendments to Chapter 280 3 January 18, 2011 For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. For applications for a waiver of lot merger, the fee shall be $750. For all applications for a use variance, the fee shall be $1,000. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. §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. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (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. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (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 cleating or excavation or building or construction activity will be equal to double the otherwise applicable fee for all Amendments to Chapter 280 January 18, 2011 permits as provided by this chapter. (5) (6) IlL 4 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. 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 pan so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have notice that it was posted on the Town Clerk's bulletin board on December 15, 2010, notice that it was posted on January 6, 2011. There is a letter from Martin Sidor, chairman of the Southold Town Planning Board 'Local Law in relation to Chapter 280, in connections with ZBA application fees and chapter 144, Fire prevention and Building Code administration in connection with deer exclusion fences permit fees. Thank you for the opportunity to provide comments for the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and offers no comments.' I have a notice from the Suffolk Department of Planning, 'Pursuant to the requirements of sections A 14-14 thru A 14-25 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 t here is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval.' And from LWRP coordinator Mark Terry, '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 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.' And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? LESLIE WEISMAN, CHAIRPERSON ZONING BOARD OF APPEALS: Inaudible. I just wanted to make a couple of very quick points that I know the Board is already aware of. Number one, fees that are being charged for any application to the Zoning Board have not been raised from the last time was 1992, sorry, 1995. There were some in 1992 Amendments to Chapter 280 5 January 18, 2011 and some in 1995. So that is 16 to 19 years ago. So this is not exactly precipitous proposal. Secondly, the proposal has the full support and endorsement of every member of the Zoning Board of Appeals. The proposed fees that are in this resolution are commensurate with fees that are charged in other municipalities. They are comparable to Brookhaven, Southampton, East Hampton and I would just like the public to be aware of the fact that any application, no matter how large or how small that comes before the ZBA, is reviewed by no less than nine individuals. Five Board members, three staff and an Assistant Town Attorney. There are almost always other agencies that are involved in this review process. It is very labor intensive; every application receives an inspection of the site by five Board members. So I believe fully that the public is well served by the action of this Town and that the fees are very appropriate and in fact, a good bargain even at these proposed prices. So I would urge the Town Board to support this resolution and approve the increase in fees. Thank you. SUPERVISOR RUSSELL: Thank you, Leslie. Would anyone else like to address the Board on this? (No response) This hearing was closed at 8:02 PM Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RE D THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 7, 2011 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment; Chapter 280-149 "Application Fees" & Chapter 144-8 "Deer Exclusion Fences Permit Fees" 2010-1008 1/18/11 SD- 11-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 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 Direct~ of Plann!g~ Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 $ C PL,Nq~NG ~EPT OEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEvE LEVY suFFOLK COUNTY EXECUTIVE !~- REC'D THOMAS A. ISLES, P,~I.C. P DIRECTOR OF PLANNING Sanuary 7, 2011 Town Of Southold. PO Box 1179 Southok~, N~v York 11935 A~: Ms. El~abeth A. Ne~.lle, Clerk Applicant: Zoning Action: Resolution No.:- Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendm~t; Chapter 2g0-149 "Application Fees" .e, Chapter 144-8 "Deer Exclusion Fences Permi~ 2010-1008 1/18/11 SD- l I-LD Dcaz Ms. Neville: Pursuaat ~o the rcquircmenxs of Section~ A14-14 th.m A14-25 of thc Suffolk County Adminis~xative Codc, thc above referenced application which has been submitted to the Suffolk County Planning Commission is considerecl to be a matter for local determination as there is no appm~ 'significant county-wide or inter.corranunity impact(s), A deaision of local determination should not be const~ed as either aa approval or disapproval. Very truly yours, Thomas A. Isles, AJCP Director of Planning Andrew P. Frcleng Chief Platmer APF:ds LOCATION H. LEE[ DENNISON B[.DG, - aTH FLOOR 1~ VE'r~RA, N$ MEMO R1AL HIGHWAY MAILING ADDRESS I=. O. BOX 61 O0 HAUPPAUGE, NY 117~009S (631) B53-5191 TELEC. OP[ER (631) 853-a044 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 TO: 0¢: FROM: Elizabeth A. Neville, Town Clerk Scott A. Russell, Town Supervisor Members of the Town Board Martin Finnegan, Town Attorney Martin H. Sidor, Chairman ~i~'(~-~' Southold Town Planning Board DATE: January 10, 2011 SUBJECT: Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees. Thank you for the opportunity to provide comments on the proposed Local Law referenced above. The Planning Board has reviewed the proposed legislation and offers no comments. ....... JAN, 14,2011"-10:20AM N0,514 P, 1 OFFICE LOC~TION; Town I-Iall Annex 5437~ Sta~e Rou~e 2~ (cot. Maiu Rd. & Youn~s Ave.) Southold, NY 11971 MAILING ADDRESS: P,O. Box 1179 8outhold, N~ 11971 Telephone: 631 765-19S$ Fax: 631 765~3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner '~-'"~' LWRP Coordinator JAN l, 2~.il Southold Tcwn Clerk Date: January 14, 2011 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonin.q, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Buildin.q Code Administration~ in connection with Deer Exclusion Fences Permit Fees." The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Cede 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 10084 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 6th dayof January, 2011. Sworn to before me this Principal Clerk Zoning Board of Appeals fees associ- ated with apphcations for variances under the To'.vn Code. special exception permit, and other miscellaneous mat- ters handled by the Zoning Board of Appeals. and have determined that said volvln4 fences, accessory stmcture~ ~ day of alterations to existing farm buildings: (e) In-ground s~mmlng pools, to- g¢~er wi~ required enclosure ~eneing: .... ~ ~ raring pools, to- ~eC_.~-~ ~ t/~s Local Law shall r ~ ~ ~ ~ ~ ~ J~ent , OF~ ~ OF SO--OLD ~ Ne~e '~. ?{, R I S~'l'i~l A VOLIN$ iOlA~¥ PUBUC-STAIE OF NEW YORK No, 01.VO6105060 Quoiifled in Suffolk County LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees. RESOLVED 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 18th day of January, 2011 at 7:32 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 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under § 144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $!50 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. For applications containing more than one request, o..~h ....... ~;~.,;~. additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $299 $300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $259 $400. For applications for rehearings, the fees_ shall be t~c ~.~.~ ...... ,~. .h~...~ c~.~...-.,~.~,~..nh .... .~ ....c~' ~ as follows: A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Amended Decision requiring a hearing shall have a fee that is the same as the original application. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. A hearing that has been re-calendared because it was adiourned without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. {}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. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (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. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (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 entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 14, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON January 6, 2011, 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 Bldg Dept Town Board Members Accounting Dept. Town Attorney ZBA STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the /o'~ day of D~- ,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: ZBA & deer fence fees Sworn before me this ~ dayof \ ~j~01~. BONNII~J. DOROSKI Nofary Public, State Of Ne~ Yor~ No 01D06095328, Suffolk Cou~t7 T',r!~n F×r, ires luly 7, 20 ~ ~ Linda ~. Cooper Deputy Town Clerk Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, December 15, 2010 12:25 PM To: Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne Subject: Letter to PB re: PH LL Attachments: Document4.doc 12/15/2010 Page I of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, December 15, 2010 12:42 PM To: Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com); Andalom, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne Subject: ZBA fees etc referral letter to SCPC Attachments: ZBA fees etc referral letter to SCPC.doc 12/15/2010 Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Wednesday, December 15,2010 1:38 PM To: Cooper, Linda Subject: RE: ZBA fees and Deer fence fees 1-18-11 Hello again, I have received this one as well and it will go in the 1/6 issue. Thanks Linda for your kind words....I wish you and your family the very sa me!!! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] ~ent-' Wednesday, December 15, 2010 11:56 AM To-' Suffolk Times Legals Subject-' ZBA fees and Deer fence fees 1-18-11 Please confirm receipt of this legal notice of Public Hearing for the 1/6/2011 edition of the Suffolk Times. Thank you. Icooper PS Since the TB held its final meeting of the year last night this should be the last notice you receive from me this year. I just want to take this time to thank you for all your help this year and to wish you and your family a very Merry Christmas and a New Year filled with good health, prosperity and happiness. Best regards, Linda Cooper 12/15/2010 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 15, 2010 Re: Resolution 2010-1008 regarding proposed Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees. Andrew P. Freleng, Chief Planner Suflblk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on December 14, 2010 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Suffolk County Planning Commission's recommendations with regard to this proposed local law and forward it to me at, your earliest convenience. This propos~ed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is Tuesday, January 18, 2011 at 7:32 PM. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Linda J. Cooper Deputy Town Clerk Enclosure cc: Town Board (w/o encl) Town Arty (w/o encl) 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 (6311 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December I5, 2010 Re: Resolutions 2010-1008 regarding proposed Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees. Martin Sidor, Chairman Southold Town Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting on December 14, 2010 adopted the above resolution. A certified copy is enclosed. Please prepare an official report defining the Planning Board's recommendation with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Department of Planning for their~review. The date and time for the public he~aring is Tuesday, January 18, 2011 at 7:32 PM. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Linda J. Cooper Deputy Town Clerk Enclosures cc: Town Board (w/o encl) Town Attorney (w/o encl) RESOLUTION 2010-1009 ADOPTED DOC ID: 6460 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-1009 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2010-1008 ADOPTED DOC ID: 6475 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-1008 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the th 14 day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences 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 18th day of January, 2011 at 7:32 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 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under {}280-105(C) to the listed building permit fees under {}144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: · Resolution 2010-1008 Board Meeting of December 14, 2010 For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $!50 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. For applications containing more than one request, ,~"~1~ ~o ....... wa ~l~...v~..~..ll~n+g .......... '~°""~:~B ~ .............................. , ............. e .~ eac a ona] vari~ce request shall have a fee of $250 (if under 200 square feet) ~d $500 (if 200 squ~e feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $299 $300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (rights-o~way), the ~e shall be e~ $400. ppli ' For a cations for reheanngs, the fee_s shall b · -..~ ...... r~ .......... as follows: A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Amended Decision requiring a hearing shall have a fee that is the same as the original application. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. A hearing that has been re-calendared because it was adioumed without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 2 Board Meeting of December 14, 2010 For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. {}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. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (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; · Resolution 2010-1008 J. Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 3 Resolution 2010-1008 Board Meeting of December 14, 2010 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. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (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 entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. IlL 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. IV. 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: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 4