This chapter is enacted under the authority of subparagraphs (a) (1)
(2) (d) (3) of Municipal Home Rule Law § 10(1)(ii), and Municipal
Home Rule Law § 22. To the extent Town Law §§ 274A,
276 and 277 do not authorize the Town to require the reimbursement to the
Town to its consultants incurred by the Town in connection with the review
and consideration of projects as hereinafter defined in this chapter, it is
the expressed intent of the Town Board to change and supersede such statutes.
More particularly, such statutes do not authorize the deferral or withholding
of such approvals in the event such expenses are not paid to the Town. It
is the expressed intent of the Town Board to change and supersede Town Law §§ 274A,
276 and 277 to empower to the Town to require such payment as a condition
of such approvals.
As used in this chapter the following terms shall have the meanings
indicated:
APPLICANT
Any person, firm, partnership, association, corporation or entity
of any type, kind or nature who requests the Town, the Town Board, the Planning
Board, the Zoning Board of Appeals or any other board or agency of the Town
for approval of a project.
CONSULTANT
Any person or entity of any type which is retained by the Town to
provide consulting services for any project.
PROJECT
Means and includes a subdivision, site plan, special permit, variance,
interpretation, improvement district formation or extension or such other
similar action where the Town Board determines to refer the action to a consultant.
All applicants for approval of any project in the Town shall reimburse
the Town for all reasonable, necessary and appropriate consulting expenses
incurred by the Town in connection with the review and consideration of such
project.
The deposits required by this chapter shall be in addition to any application
fees which may be required by any other regulation of the Town.