Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
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 oflaw should be given as amended. Do not include matter being eliminated and do not Vi^^^^^iyot^
DmmumtTOf^ STATE
underlining to indicate new matter.
FILED
igjfec_CLAY NOV^ 1 2008
Jr" MISCELLANEOUS
^^^^""'^ & STATE RECORDS
LocalLawNo..^ of the year 20.0§
A local law Amending Chapter 105 entitled "FEES", Sectopm05-4, Schedule of Fees,
Paragraph ^^/'Pg'is derived from Code, Sections, Chapter 81 Building and Section and
Section 105.4 B. Additional Fees, Subparagraphs (?) and (3) hy amending, deleting,—
increasing and adding fees to the Code of the Town of Clay'
Beitenactedbythe Town Board ^ft^^
(Name oj Legislaiive Body)
of 9}^ as follows:
Town
SEE ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. u/w) Page 1 of 3
(Complete the certification in the paragraph that applies to thefilingof this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
8 08
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of JIlay was duly passed by the
Town Board on October 6th 20 QQ in accordance with the apphcable
(Name ofLegislative body)
provisions oflaw.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of20. of
the (County)(City)(Town)(Village) of was duly passed by the
on 20. , and was (approved)( not approved)
(Name of Legislative Bod},j
(repassed after disapproval) by the (Elective ChiefExecutivc Officer*) and was deemed duly adopted
on 20 , in accordance with the applicable provisions oflaw.
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)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority ofthe qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions oflaw.
4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting 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)
(Name of Legislative Body)
(repassed after disapproval) by the. on 20 Such local
(Elective Chief Executive Officer*)
law was subject to permissive referenduni and no valid petition requesting such referendum was filed as of.
20 , in accordance with the appHcable provisions oflaw.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere be none,
the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor ofa town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev. 11/99) Page 2 of 3
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)
ofthe 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 affinnative 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 offinaladoption 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 therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph OQ^, above. j ' - w/1
Clerk ofthe county legislative body, City, Town or ViUage Clerk or
officer designated by local legislative body
VIVIAN I. MASON. TOWN CLERK
(Seal) Date: October 10th, 2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.)
STATE OF NEW Y O R K
COUNTY OF COUNTY OF ONONDAGA
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment of the local law annexed hereto.
Signature
ROBERT M. e^RMftlN
TOWN ATTORI
Title
ffi?_CLAY
Town
mm
Date. OCTOBER lOTH, 2008
DOS-239 {Rev. 11/99) Page 3 of 3
LOCAL LAW NO. 8 OF THE YEAR 2008
TOWN OF CLAY
LOCAL LAW NO. 8 OF THE YEAR 2008 AMENDING CHAPTER 105 ENTITLED "FEES",
'SECTION 105-4. SCHEDULE OF FEES, PARAGRAPH A. FEES DERIVED FROM CODE AND
SECTION 105-4 B. ADDITIONAL FEES, OF THE CODE OF THE TOWN OF CLAY
BE IT ENACTED by the Town Board of the Town of Clay, County of Onondaga as follows:
SECTION 1, AMENDMENT OF CHAPTER 105 ENTITLED "FEES", '§ 105-4. Schedule of
fees, Paragraph A. Fees derived from Code Sections, Chapter 8L Building and Section 105.4B.
Additional Fees, Subparagraphs (2) and (3) by amending, increasing and adding fees to the Code of the
Town of Clay."
The purpose of this local law 2008-08 is to amend CHAPTER 105 entitled 'FEES', § 105.4 A.
Fees derived from Code Sections, Chapter 81, Building Construction, adding After Hours Inspection
Fee of $75 and § 105.4 B. Additional Fees, subparagraph (2) Planning and Development Department
by increasing zone application fee to $400; deleting $200 fee for Variance and adding fee of $200 for
Residential Variance and $400 Commercial Variance; increasing Special Permit fee to $300; deleting
Site plans - residential through Over 3 acres; add Site plans and Special Permits requiring site plan
review and a fee for 3 acres or less $900 and Over 3 acres $1500; increase Amended site plans fee to
$600; Preliminary Plats, delete language and fees from Subdivision of property in two separate.,.,
through Residential subdivision of more than 50 lots" and adding Base fee $200 + $50 per lot;
increasing Final plats fee to $300; and further adding/amending the following misc. fees - increase
Administrative subdivision fee to $75 , adding Administrative site plan fee $75; additional advertising
(does not include Town Board zone changes) fee of "As per cost"; and amend Section 105-4B(3) by
adding/amending or increasing cost for legal, engineering and administrative fees - add Commercial
Site Plan and Residential Subdivision without public utilities an additional $1500 for review of
Stormwater Pollution Prevention Plan, if necessary; Commercial Site Plan with public utilities the fee
will be calculated on a case by case basis depending upon the magnitude of project; Residential
Subdivision, 7 or less lots (with public utilities) 1'* half - $2,000 plus $450 per lot; 2"^ half at
scheduling of Petition hearing $2,000 plus $450 per lot; Residential Subdivision 8 lots or more with
public utilities - 1^^ half at time of Preliminary Plat approval - $2,000. + $400 per lot; an additional
deposit of $2,000 plus $450 per lot for each additional section of development thereafter proposed, and
when subdivisions have pubhc highways an inspection fee of $200 per lot to the Code of the Town of
Clay
Said Locai Law reads as follows:
§1054 A. CLAY CODE 105-B(2)
FEES
§ 105-4 Schedule of fees.
A. Fees derived from Code sections. Fees for the specific Code sections enumerated below shall be as follows:
Chapter/Section Subject Fee
Chapter 81, Building Construction
§ 81-12 Building Permit fees:
After hours inspection fee S75
B. Additional fees: Fees in addition to those enumerated above shall be as follows:
(2) Planning and Development Department
Item/Subject Matter Fee
Zone change applications $400
Variance
Residential $200
Commercial $400
After construction Double the fee
Special permit $300
Site plans and Special Permits requiring site plan review*:
3 acres or less $900
Over 3 acres $1500
Amended site plans $600
Preliminary plats*: then add to remaining fees (Zoning info research through additional
advertising, etc., preliminary plats include engineering charges):
Base fee $200 +$50 per lot
Final plats $300
Administrative subdivision fee $75
Administrative site plan fee $75
Additional advertising (does not include Town Board zone changes) As per cost
Additional engineering fees incurred by the Town As per cost
*NOTE: For a commercial site plan or residential subdivision (with no proposed public utilities) requiring
the preparation of a Stormwater Pollution Prevention Plan an additional $1500 will need to be
deposited with the Town to cover engineering fees for the review of the Stormwater Pollution
Prevention Plan. -1-
§105-4 A. CLAY CODE 105-B(3)
FEES
(3) Town Board services for special district improvement fees:
(a) Engineering, legal and administrative fees associated with petition preparation, reviews of
petition plans, public hearings, review of contract drawings, and construction observation
shall be based on actual costs incurred. In each case, the project developer shall be required
to place deposits with the Town of Clay to cover such costs.
(b) For single-family homes and/or townhouses, comprised of 7 lots or less, (with proposed
public utilities) an initial deposit of $2,000 plus $450 per lot, shall be required after the
preliminary plat for the project approved by the Town of Clay Planning Board and prior to
any additional work being performed on the project. Prior to the time that petition plans are
considered for approval, an additional deposit of $2,000 plus $450 per lot shall be required
for each and every section ofthe development thereafter proposed.
(c) For single-family homes and/or townhouses, comprised of 8 lots or more, (with proposed
public utilities) an initial deposit of $2,000 plus $450 per lot, shall be required after the
preliminary plat for the project is approved by the Town of Clay Planning Board and prior to
any additional work being performed on the project. Prior to the lime that petition plans are
considered for approval, an additional deposit of $2,000 plus $450 per lot shall be required
for each and every section of the development thereafter proposed.
(d) For commercial and industrial projects with proposed public utilities, fees will be calculated
and deposited on a case by case basis depending upon the magnitude of the project.
(e) If a highway is proposed to be dedicated to the Town as part of the project, an additional fee
of $200 per lot will need to be deposited by the developer prior to the contract documents
being approved to pay for highway inspection fees.
(f) Any pending improvements for which contract drawings have not been approved shall be
subject to the same fee provision as set forth in B (3)(a) through (e).
(g) Prior to acceptance of facilities, a preliminary accounting shall be made to determine whether
additional monies are required with any necessary payment being made before the utilities are
accepted. Upon written request and completion of all facilities, including overland drainage
requirements, a final accounting shall be made to the developer within 90 days of such
acceptance of the facilities and/or the final certification by the Town Engineers as to the
completion of overland drainage requirements. Any unexpended funds will be retumed to the
developer without interest.
SECTION 2, Effective Date
-1"
This local law shall take effect immediately upon filing with the Secretary of Stale.