This chapter is enacted under the authority
of Subdivisions a(1) and (2) and d(3) of Municipal Home Rule Law § 10(1)(ii)
and Municipal Home Rule Law § 22. To the extent Town Law
§§ 274-a, 276 and 277 do not authorize the Town to
require the reimbursement to the Town for its consultants' expenses
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 §§ 274-a, 276 and 277 to empower to the Town
to require such payments 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, agency, employee or official of the Town for approval of a
project.
CONSULTANT
Any person or entity of any type who is retained by the Town
to provide consulting or professional services for any project, including,
but not necessarily limited to, engineering, planning, legal and stenographic
expenses.
PROJECT
Means and includes a subdivision, site plan, special use
permit, variance, interpretation, improvement district formation or
extension or such other similar action where the Town Board, Planning
Board and/or Zoning Board of Appeals 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 that may be required by any
other rule, regulation or enactment of the Town.