Local Law 2 of 2004 — ====================== 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.) STATE OFHIEVvyOflK Text of law should be given as amended. Do not include matter being eliminated SS?f^B8^fiffiQR»ridaiics or imderlining to indicate new matter. ' « L C D 10^^ OCT 2 9 2004 f ^ f ^ MISCELUNEOUS %mm ^ ^"'"^"^E RECORDS Local Law No. _? of the year 20 2^ AMENDING CHAPTER 105 entitled "FEES", Paragraph A. Fees Derived A local law (Insert Title) from Code, Section 105.4 B (1) and Section 105.4 8(3), deletion of Chapters 121 and 182 Fees from the Code of the Town of Clay^ Beitenactedbythe Town Board of the Town of Clay ^^the (Name of Legislative Body) of ^'^y as follows: Town SEE ATTACHED LOCAL LAW NO. 2 OF THE YEAR 2004 (If additional space is needed, attach pages the same size as this sheet, and number each.) Dos-239 (Rev. 11/99) Page 1 of 3 LOCAL LAW NO. 2 OF THE YEAR 2004 TOWN OF CLAY L O C A L L A W N O . 2 OF T H E Y E A R 2004, A M E N D I N G C H A P T E R 105, ENTITLED " F E E S " , S 105-4 ' S c h e d u l e o f f e e s . Paragraph A . Fees d e r i v e d f r o m C o d e S e c t i o n s ' , Amended §81.12 Building Construction fees by deleting current building pernnit rates and added classifications "Residential" and "Commercial and industrial" and set fees for same; increased mobile home court fee to $50.00; delete fees charged for "Chapter 121, Gasoline Service Stations' and for 'Chapter 182, Sewage Disposal Systems, Individual'; amended '§105.4 B, Additional Fees (1) Town Clerk's Office' added fees for Zoning Map Small (whole)and Zoning Map Large (whole); S105.4B (2) Planning and Development Department added fees for zoning research, Fire safety/Property Maintenance inspections required by NYS Uniform Fire Prevention and Building Code, Administrative Certificate of Occupancy, Administrative Subdivision Fee, Computer Projected Images at public meetings and additional advertising which does not include Town Board Zone Changes and §105,4B (3) Town Board services for special district improvements fees, (a) added word observation after construction, S105.4B (3)(b) increased deposit for single family home and townhouses to $2,000.00 plus $250.00 per lot and added "after the preliminary plan for the project is approved by the Town of Clay Planning Board and prior to any additional work being performed on the project" S105.4B (3) (c) deleted verbiage in second sentence after 'One half of the of the total deposit shall be required' and added words 'after the preliminary plan or site plan for the project is approved by the Town of Clay Planning Board and prior to any additional work being performed on the project' and S105.4B (3) (e) added after the words and/or 'the final certification by the Town Engineers as to the'...." The purpose of this Local Law No. 2 of the year 2004 is to add and increase certain fees charged for services within Chapter 81 of the Town of Clay Code and to delete fees charged for services no longer provided within Chapter 121 and Chapter 182, to add new fees to be charged for services provided by the Department of Planning and Development and increase fees for zoning map by the Town Clerk's Office and further to increase fees for Town Board Services regarding special district improvements allowing residential/commercial developers a more accurate cost factor for legal, engineering and administrative fees associated with such projects. Said Local Law to read as follows: § 105-4 CLAY CODE § 105^ Chapter/Section Subject Fee Chapter 5, Appearance Tickets § 5-6B(3) Security amount for violation $15 Chapter 69, Animals [Amended 8-20-2001 by L.L. No. 1-2001; 3-17-2003 by L.L. No, 2-2003] § 69-58(3) Security amount for violation $15 § 69-6F(1) Impoundment fee Contractor's rate § 69-6F(2) Boarding fee Contractor's rate § 69-6F(3) Distemper shot Contractor's rate § 69-6F(4) Bordetella (kennel cough) Contractor's rate § 69-6F(5) Rabies (dog or cat) Contractor's rate Chapter 81, Building Construction [Amended 11-6-2002 by L.L. No. 2-2002] §81-12 Building permit fees: Upon filing of permit application, where total valuation of work is: Residential: Up to $1,000. value of work $25 $1,001 and over $25, plus $5 for each additional $1,000 or fraction Commercial and Industrial: $100 plus $5 per $1,000 value of work Mobile home: installa- $50 tion in a mobile home court Work commenced prior Double the to obtaining a building building permit permit fee For renewal of expired The larger of permits within 2 years $10 or 10% of of expiration original fee The foregoing fees shall include the certificate of occupancy, except that: 10502 § 105-4 CLAY CODE § 105-4 Chapter/Section Subject Fee Chapter 112, Flood Damage Prevention § 112-11B Deposit to cover additional No more than application costs $500 Chapter 118, Games of Chance § 118-9C License fee for conduct of $25 for each games license period § 118-9D License fee for leasing of $50 premises to conduct games Chapter 144, Mobile Home Courts § 144-11B Annual license fee $100, plus $2 per mobile home Chapter 167, Peddling and Soliciting § 167-5 Additional deposit/bond $5,000 amount for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance offinal delivery § 167-12 License fee for each person licensed as a hawker, peddler or solicitor for a period of: One month or less $15 Six months or less $25 In excess of six months $50 but for not more than one year Chapter 200, Subdivision of Land [Added 10-7-2002 by L.L. No. 3-2002] § 200-5A Monuments and lot $450 each Corner markers Chapter 223, Water § 223-9B Restoration of water service During regular business $5 hours During other than regular $7.50 business hours 10504 § 105-4 FEES § 105-4 Chapter/Section Subject Fee Chapter 230, Zoning §§ 230-7B(6), 230- Fee in lieu of park and $500 per lot 8B(6). 230-9B(6) recreation area and 230-10B(6) §230-38A(19)(c)[3] Application fee for exterior $5 for each promotional signs service station or sales outlet for a period of 30 days and an additional sum of $5 for each additional period of 30 days not to exceed a total of 90 days B. Additional fees. Fees in addition to those enumerated above shall be as follows: (1) Town Clerk's office. Item/Subject Matter Fee Town maps $3 Zoning Ordinance (copy) $20 Zoning Map (whole) $20 Zoning Map (half) $10 Zoning Map Small (whole) $10 Zoning Map Large (whole) $20 Drainage and sewer standards $5 Copies (per page) Letter/Legal $0.25 Ledger(11x17) $0.50 Wide format (exceeds 11x17) $3 Certification $1 (2) Planning and Development Department. Item/Subject Matter Fee Zone change applications $250 Variance $200 Special permit $200 10505 § 105-4 CLAY CODE § 105-4 Item/Subject Matter Fee Site plans - residential* 3 acres or less $500 Over 3 acres $1,200 Site plans - commercial/industrial* 3 acres or less $700 Over 3 acres $1,300 Amended site plans. Amendment of site plans which are proposed within five years ofthe original site plan approval, which, in the opinion of the Commissioner of Planning and Development, would not involve changes that could adversely impact adjacent properties: Residential $400 $500 Commercial and industrial Preliminary plats* $200 Subdivision of a property into two separate parcels, noninclusive of new public streets, public sanitary sewers or water lines Subdivision of a property into $700 three or more lots noninclusive of new public streets, public sanitary sewers or water lines Subdivision of less than 50 lots, $1,900 commercial subdivisions or industrial subdivisions inclusive of new public streets and/or public sanitary sewers or water lines Residential subdivision of more $2,500 than 50 lots Final plats $200 NOTE: * Fees for site plans and preliminary plats include engineering charges. 10506 § 105-4 FEE § 105-4 Item/Subject Matter Fee Zoning Information Research $30 per parcel Fire Safety/Property Maintenance Inspections required by New York State Uniform Fire Prevention and Building Code: Buildings and/or leased spaces not Exceeding 5,000 square feet $50 per inspection Building and/or leased spaces 5,001 20,000 square feet $75 per inspection Building and/or leased spaces over 20,000 square feet $100 per inspection Administrative Certificate of Occupancy $25 each Administrative Subdivision Fee $50 each Computer Projected Images at Public meetings: One image per project application $25.00 Each added image per project application $10.00 Additional Advertising (does not include Town Board Zone Changes) $50 per advertisement (Cont'd on page 10507) 10506.1 105-4 CLAY CODE § 105-4 (3)^ Town Board services for special district improvement fees. (a) Engineering, legal and administrative charges 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 townhouses, an initial deposit of $2,000 plus $250 per lot, shall be required after the preliminary plan 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 time that petition plans are considered for approval, an additional deposit of $2,000 plus $250 per lot shall be required for each and every section ofthe development thereafter proposed (c) For commercial, industrial, and multifamily residential projects, deposits shall be based on a percentage of the estimated construction cost in accordance with the Town engineering agreement for work in special districts on fiie with the Town Clerk. One-half of the total deposit shall be required after the preliminary plan or site plan for the project is approved by the Town of Clay Planning Board and prior to any additional work being performed on the project. The balance of said amount shall be deposited before the petition plans can be considered for approval. (d) Any pending improvement for which contract drawings have not been approved shall be subject to the same fee provision as set forth in Subsection B(3)(b) above. (e) 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 returned to the developer without interests 10507 SECTION 2. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. (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 hy local legislative body only.) 2 04 I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the ^ i ) e ( | ; ! ( j ? Q ( ^ ( T o w n ) ^ of Clay was duly passed by the Town Board of the Town of Clay on September 8 20^4 ^ in accordance with the applicable (Name of Legislative body) provisions of law. 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. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not ^proved) (Name of Legislative Body) (repassed after disapproval) dis by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance with the applicable provisions of law, 3. (Final adoption by referendum.) 1 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 (approYed)( 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 of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum andfinaladoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) ^ /v rr J (repassed after disapproval) bythe on 20 Suchlocal (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson ofthe 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. DOS-239 (Rev. 11/99) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) 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 nf 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 fmal adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraphJL , above. / /. . ^ , Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body VIVIAN I. MASON, TOWN CLERK (Seal) Date: ^A^A . ^. M (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF O N O N D A G A 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 R Q B B R T TOWN ATTO Title yQ^l^ CLAY Town Date: A^^njt^ . ^ ^d><^^ DOS.239 (Rev. 11/99) P g g e 3 of 3