As used in this article, the following terms shall have the meanings indicated:
APPLICANT Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests the Town or its Planning Board or Town Board to approve a planned district, site plan, special use permit, subdivision, variance or zone change.
[Amended 9-7-2011 by L.L. No. 2-2011]
DEVELOPER Any person, firm, partnership, association, corporation, company or organization of any kind who or which constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with a development and to convey or dedicate the same to the Town.
DEVELOPMENT Includes a subdivision or a planned district.
DRAINAGE FACILITY All surface water drainage facilities, including but not limited to detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches, and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
HIGHWAY Includes a street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass and underpass and also includes all items appurtenant thereto, including but not limited to bridges, culverts, ditches, shoulders and sidewalks in or in connection with a development.
PARK An area of land located within a development which is open to the public and devoted to active or passive recreation.
PLANNED DISTRICT Any planned unit development district established under Chapter
165, Zoning, including any site plan review pursuant to §
165-44 of Chapter
165, Zoning (or any successor provision), or environmental review pursuant to the New York State Environmental Quality Review Act.
SITE PLAN The detailed plan for the development and intended use of a particular piece of land regulated by §
165-44 of Chapter
165, Zoning, of the Town (or any successor provision), including any environmental review pursuant to the New York State Environmental Quality Review Act.
[Added 9-7-2011 by L.L. No. 2-2011]
SPECIAL USE PERMIT A right granted by the Town to conduct certain activities within a zoning district regulated by §
165-45 of Chapter
165, Zoning, of the Town (or any successor or related provisions), including any environmental review pursuant to the New York State Environmental Quality Review Act.
[Added 9-7-2011 by L.L. No. 2-2011]
SUBDIVISION A subdivision of land pursuant to Chapter
144, Subdivision of Land, and the land subdivision regulations of the Town, including any site plan review pursuant to §
165-44 of Chapter
165, Zoning, of the Town (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.
UTILITIES All water, sanitary sewer, gas, electric, telephone and cable television facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
VARIANCE An exception to a zoning restriction which allows use of land outside the requirements of the zoning for that area regulated by §
165-46 of Chapter
165, Zoning, of the Town (or any successor or related provisions), including any environmental review pursuant to the New York State Environmental Quality Review Act.
[Added 9-7-2011 by L.L. No. 2-2011]
WORKING FARM Land used in agricultural production as defined by § 301 of the New York Agriculture and Markets
Law (or any successor provision) which is located within a certified agricultural district established pursuant to Article 25-AA of the New York Agriculture and Markets
Law.
[Added 9-7-2011 by L.L. No. 2-2011]
ZONE CHANGE A legislative action which changes the zone that underlies a particular area in the Town, including any environmental review pursuant to the New York State Environmental Quality Review Act.
[Added 9-7-2011 by L.L. No. 2-2011]
[Amended 9-7-2011 by L.L. No. 2-2011]
A. No deposits for Town costs for engineering/legal/professional services shall be required for applications concerning a working farm or owner-occupied single- or two-family residences used exclusively as private residences located within existing lots within a residential district.
B. Notwithstanding anything to the contrary contained in this article, an applicant or developer shall not be required to reimburse the Town for engineering or legal fees incurred by the Town for services performed in connection with matters as to which the Town Board determines the applicant or developer had no responsibility, direct or otherwise.
The amount of the initial deposit for the various developments covered by this article shall be as set forth in a schedule of deposits established from time to time by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution.
The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules, regulations or ordinances of the Town and shall not be used to offset the Town's general expenses of legal and engineering services for the several boards of the Town, nor its general administration expenses.