Local Law 3 of 1998 — ====================== T j ^ ^ ^ l T jTXAi T7i7ii^r* NEW YORK STATE DEPARTMENT OF STATE L/OCUl L / U w m m g 162 WASHINGTON AVENUE, ALBANY.NY 12231 (Use this form to flle a local law with the Secretary of Text of law should be given as amended. Do not include malter being eliminatec^lDid ilalics or underlining to indicale new matter. finiDtty "^^^ 1 5 1999 ^ Of CLAY - ^ ^ - ^ X T ^ LocalLawNo ?- of tiie year 19-?.?- A local law.--*'!™.lN^..?M.TER.y^^ (Insert Title) MUNICIPAL CODE. Be It enacted by the ..IQWN. BQARD _ ofthe (Stmt ofLtgislativt Body) ^ of -CLAY asfollows: Tbwn AMENDING Chapter 101 entitled "SCHEDULE OF FEES", Section 101.4 (A), (B)[4 through 8 (C) and (D) [2 and 5] of the Town of Clay Municipal Code. The purpose of this amendment is to increase certain fees charged by the Town set forth in such Section and subdivisions and necessary requirements accordingly. Said amended Local Law is to read as follows: (If additional space Is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv. (1) CHAPTER 101 § 101.01 SCHEDULE OF FEES OF THE TOWN OF CLAY §101.04(B)f3] § 101.01 TITLE This Chapter shall be known and designated,as "Schedule of Fees" of the Town of Clay. § 101.02 EUBEOSE The TowTi of Clay recognizing the need to revise certain fees previously adopted dealing with zone changes, special permits, site plan applications, preliminary plat applications, department fees and certain other fees relating to Town Board services incurred for engineering, legal and administrative costs, intends herein to establish a schedule of fees for such various services and to incorporate same within the provisions of this Local Law. § 10L03 l ECmA TIVE INTENT It is the intent of the Town of Clay by the enactment of this Local Law establishing a schedule of fees for various services performed by Town departments and personnel, to rescind and repeal any and all resolutions and regulations previously adopted that pertain in any way to the fees hereinafter set forth. § 10L04 SCHEDULE OF FEES A. TOWN CLERK'S OFFICE FEE I. Town Maps $ 3.00 2. Zoning Ordinance - (Copy) $ 20.00 3. Zoning Map - (Whole) S 20.00 4. Zoning Map-(Half) S 10.00 5. Drainage & Sewer Standards $ 5.00 6. Copies - per page $ 0.25 7. Certification $ 1.00 B. PL4ISNING & DEVELOPMENT DEPARTMENT FEE 1. Zone Change Applications $ 250.00 2. Variance $ 200.00 3. Special Permit S 200.00 101.1 § 10L4(B)14J LOCALLAW § 10L4(C)[1] 4. SITE PLANS - Residential* a. 3 acres or less $ 500.00 b. Over 3 acres $ 1,200.00 5. SITE PLANS - Commercial/Industrial* a. 3 acres or less S 700.00 b. Over 3 acre S 1,300.00 6. AMENDED SITE PLANS Amendment of site plans which are proposed within five (5) years ofthe original site plan approval, which in the opinion of the Commissioner of Planning & Development, would not involve changes that could adversely impact adjacent properties: a. Residential $ 400.00 b. Commercial & Industrial S 500.00 7. PRELIMINARY PLATS* a. Subdivision of a property into two separate parcels, non-inclusive of new public streets, public sanitary sewers or water lines. $ 200.00 b. Subdivision of a property into three or more lots non-inclusive of new public streets, public sanitary sewers or water lines. $ 700.00 c. Subdivision of less than fifty lots, commercial subdivisions or industrial subdivisions inclusive of new public streets and/or public sanitary sewers or water lines. $ 1,900.00 d. Residential subdivision of more than fifty lots. $ 2,500.00 (Fees for Site Plans and Preliminary Plats include engineering charges.) 8. FINAL PLATS $ 200.00 C. PA YMENT TO THE TOWN OF CLA Y JN LIEU OF PARK LAND CONTRIBUTIONS EEE 1. Fee per lot $ 300.00 10L2 § 10L01(D)[1] SCHEDULE OF FEES OF THE TOWN OF CLAY § I0L07 D. TOWN BOARD SERVICES FOR SPECIAL DISTRICT IMPROVEMENT FEES 1. Engineering, legal and administrative charges associated with petilion preparation, reviews of petition plans, public hearings, review of contract drawings, and construction inspection 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. 2. For single family homes and townhouses, an initial deposit of $1,600.00, plus $175.00 per lot shall be required before public hearings can be scheduled on petitions for any improvements. Prior to the time that contract drawings are considered for approval, an addilional deposit of $1,600.00 and $ 175.00 per lot shall be required for each and every section ofthe development thereafter proposed 3. For commercial, industrial, and multi-family 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 file with the Town Clerk. One-half of the total deposit will be required before public hearings can be scheduled on petitions for improvements and the balance of said amount shall be deposited before the contract drawings can be considered for approval. 4. Any pending improvement for which contract drawings have not been approved shall be subject to the same fee provisions as set forth in paragraph "2" above. 5. Prior to acceptance of faciHties, a preliminary accounting shall be made to determine whether additional monies are required with any necessary payment being made before the facilities are accepted. Upon written request and completion of all facilities, including overland drainage requirements, a final accounting shall be made to the developer within ninety days of such acceptance of the facilities and/or completion of overland drainage requirements. Any unexpended funds will be retumed to the developer without interest § 101.05 AMENDMENTS Amendments, changes and/or revisions to the above schedule of fees shall be made by resolution of the Town Board ofthe Town of Clay after conducting a public hearing thereon. § 10L06 SEVERABILITY If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which suchjudgment shall have been rendered. § 10L07 EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. 10L3 (Complete the certlflcation In the paragraph that applies to thefliingofthis 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. of 1938- of the (itao»W$(«ky)(Town)(Via»gJt) of -CLAY. - was duly passed by the .IQVIN.BOARpf- - onDECEHB£R.21,199S., in accordance with the applicable provisions oflaw. (Samt of Legislativt Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective ChiefExecutive Officer*.) 1 hereby certify that the local law annexed hereto, designaied as local law No. ---- -- of 19 of the (County)(City)(Town)(Village) of -- - --- was duly passed by the - - on 19 — , and was (approved)(not approved)(repassed after (Same of Legislalive Body) disapproval) by the - - and was deemed duly adopied on -- 19- -, (Elective Chuf Executive Offictr*) 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 19 of the (County)(City)(Town)(Village) of - - - was duly passed by tbe - —- on - 19—-, and was (approved)(not approved)(repassed after (Same of Legislative Body) disapproval) by the - on — 19 Such local law was submitted (Elective ChiefExecutive Officer*) to the people byreasonofa (mandatory)(permissive)referendum,andreceivedthc affirmative vote ofa majority of the qualified electors voting thereon al the (general)(special)(annual) election held on 19--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum andflnaladoption because no valid petition was flled requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No - --- of 19- of the (County)(City)(Town)(Village) of -- - was duly passed by the - on 19— , and was (approved)(not approved)(repassed after (Same of Legislative Body) disapproval) by the — - on 19 ---. Such local law was subject to (Elective Chitf Exteutivt Offictr*) permissive referendum and no valid petitionrequestingsuchreferendumwas filed as of 19^— , in accordance with the applicable provisions of law. * Elective ChiefExecutive Officer means or Includes the chief executive officer ofa county elected on a counfy- wide basis or, Ifthere be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor ofa town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law conceralng Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. - of 19 of the City of having been submitted toreferendumpursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the quaiified electors of such city voting thereon at the (special)(general) election held on -- 19 became operative. 6. (County local law conceralng adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No -- of 19 of the County of -- - Statc of New York, having been submitted to the electors at tbe General Election of November 19—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vole of a majority of tbe qualified electors of the cit- ies of said couniy as a unit and a majority of the qualified electors of the towns of said county considered as a unil voting at said geneml election, became operative. (Ifany other authorized form offlnaladoption has been followed, please provide an appropriate certlflcation.) 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 iranscript iherefrom and of the whoie of such original local law, and wasfinallyadopied in the manner in- dicated in paragrapb—-1 , above. . » Cierk of the Couniy legislative body. Cily, lown or Village Clerk or oQicer designated by local iegislative body VIVIAN I. MASON, TOWN CLERK OF THE TOWN OF CLAY (Seal) ^ Date: December 22, 1998 (Certlflcation to be executed by Counfy Attoraey, Corporation Counsel, Ibwn Attoraey, Village Attorney or other authorized attoraey of localify.) STATE OO COUNTY F FNE-W ^ ?• 0 A 6 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 hei TOWN ATTORNEY Title xm «f CLAY Town Date: DECEMBER 22. 1998 (3)