§ 2-28. Fees.

A. 

All fees required per this section shall be collected by the Building Commissioner, or his authorized designee, and no permits shall be issued by the Building Commissioner until such fees have been paid.

B. 

The "estimated cost" herein referred to means the amount of money that would ordinarily be expended for good, safe construction in the erection of the complete building or structure exclusive of interior decoration.

C. 

All fees are defined per schedule adopted by Town Board resolution, as amended from time to time.

[Amended 10-22-1974 by L.L. No. 9-1974; 7-10-1984 by L.L. No. 6-1984; 3-25-1986 by L.L. No. 2-1986; 8-21-1990 by L.L. No. 8-1990; 8-13-1991 by L.L. No. 11-1991; 12-13-1994 by L.L. No. 9-1994; 7-16-1996 by L.L. No. 11-1996; 5-18-1999 by L.L. No. 5-1999; 4-2-2002 by L.L. No. 4-2002; 12-13-2005 by L.L. No. 14-2005; 4-11-2006 by L.L. No. 5-2006; 6-19-2012 by L.L. No. 10-2012]

(1) 

Reconciliation period for previously nonpermitted work. Notwithstanding any existing local law or preceding Town Board resolution to the contrary, all building and plumbing permit applications to maintain construction, changes, alterations, improvements or modifications which had been previously undertaken without the required permit(s) and inspections, and that are submitted to, or pending in, the Building Department, on or after July 2, 2012, through and including December 31, 2014, shall not be subject to the increased penalty fees set forth in the Building Department fee schedule, but rather shall be subject to the regular permit fee for proposed work without imposition of a penalty. This provision shall not affect the disposition of any pending court proceedings relative to code violations.

[Amended 1-7-2014 by L.L. No. 1-2014]

D. 

The Building Commissioner is authorized to fix by regulation a schedule of square feet and/or cubic feet for buildings or structures of varying types of construction and classes of occupancy to serve as the basis for determining estimated costs. The estimated cost of the structure shall be determined by the Building Commissioner.

[Amended 4-2-2002 by L.L. No. 4-2002]

E. 

The payment of a fee as provided in this section shall in no way relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for inspections, certificates, sewer connections, water taps or other privileges or requirements.

F. 

No fees, as in this section provided, shall be refunded after a permit has been granted by reason of abandonment of the project, revocation of a permit or for willful violation of the provisions of the Building Code.

G. 

Upon the filing of an application for a permit, the following fees shall be charged and collected:

[Amended 10-22-1974 by L.L. No. 9-1974; 4-20-1999 by L.L. No. 4-1999; 5-6-2008 by L.L. No. 4-2008]

(1) 

The applicant shall pay an initial nonrefundable application fee of $250, which will be applied to the assessed fee, as later calculated by the Commissioner of the Building Department, or his designee, prior to the issuance of the permit; or

(2) 

Where the Commissioner of the Building Department, or his designee, has determined that the estimated cost of the permit fee will not exceed $250, the applicant shall pay the total estimated cost thereof. Should the actual calculation exceed $250, the applicant shall pay the balance due and owing prior to the issuance of the permit.

(3) 

The fee shall not be refunded if the application for the permit is not approved, unless:

(a) 

The applicant has allowed its time to expire for an appeal to the Board of Zoning and Appeals, or has lost its appeal to the Board of Zoning and Appeals and has allowed its time to expire for commencing an Article 78 proceeding challenging the determination of the Board of Zoning and Appeals; and

(b) 

The applicant provides proof to the Commissioner of Buildings that it is a tax-exempt organization under § 501(C)(3) of the United States Internal Revenue Code. Such proof shall consist of either:

[1] 

A ruling from the Internal Revenue Service approving an application on Form 1023; or

[2] 

Documentary proof that the real property to which the application pertains is exempt from taxation on the assessment roll of the County of Nassau.

Amended 4-2-2002 by L.L. No. 4-2002; 4-11-2006 by L.L. No. 5-2006; 5-6-2008 by L.L. No. 4-2008