N.Y. Comp. Codes R. & Regs. tit. 10 § 97.16

Current through Register Vol. 46, No. 50, December 11, 2024

Section 97.16 - Fees and costs

(a) When an action subject to this Part involves an applicant, the department, if it is lead agency, may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the EIS; providing, however, that an applicant may not be charged a separate fee for both the preparation and review of an EIS, and provided further, that any fee charged must reflect the actual costs to the lead agency for such preparation or review. Where an applicant does not choose to prepare the EIS, the department shall provide the applicant, upon request, with an estimate of the costs for preparing such statement based on the total cost of the project for which funding or approval is sought.

(b) For residential projects, the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures. In the case of a residential project, the fee charged by the department may not exceed two percent of the total project cost.

(c) For nonresidential construction projects, the total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage, such as Building Construction Cost Data by Means. In the case of construction projects, the fee charged may not exceed one half of one percent of the total project cost.

(d) Appeals procedure. When a dispute arises concerning fees charged to an applicant by the department, the applicant may make a written request setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the department or his designee shall examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid.

(e) Any fees paid by the department for the technical services of the Department of Environmental Conservation will be reflected in the fee charged to any applicant pursuant to subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.16