[HISTORY: Adopted by the Town Board of the Town of Schroeppel 5-5-1992 by L.L. No. 3-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 38.
Mobile home parks — See Ch. 64.
Streets and sidewalks — See Ch. 79.
Subdivision of land — See Ch. 81.
Water and sewer districts — See Ch. 93.
Zoning — See Ch. 95.
A. 
The Town Board hereby finds and determines that in order to protect and safeguard the residents of the Town of Schroeppel and their property, with respect to certain land developments within the Town, all buildings, highways, drainage facilities, sanitary sewer facilities, other utilities and parks within said developments should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations: that in order to assure the foregoing, it is essential for the Town to have competent engineers retained by the Town to review and approve plans and designs, make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewer, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate notices, documents and agreements with developers, obtain, review and approve necessary securities, insurance and other legal documents, review proposed plans, deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to legal disputes and issues with respect to developments; and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments paid by taxpayers of the Town.
B. 
This chapter is enacted under the authority of Subsections a(12) and d(3) of Subdivision 1(ii) of the Municipal Home Rule Law § 10, and Municipal Home Rule Law § 22. To the extent Town Law § 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of application for subdivision approval and for the approval, amendment or extension of planned districts under Chapter 95, Zoning, 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 that 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 the Town to require such payment as a condition to such approvals.
As used in this chapter, 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 subdivision or a planned district.
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 storm sewers and their appurtenances, drainage swales and ditches, and an 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
A planned commercial development district (C-3) or planned unit development district (PUD) established under Articles XIII, XIV or XV of Chapter 95, Zoning, including any site plan review pursuant to Article X of Chapter 95, Zoning, (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.[1]
SUBDIVISION
A subdivision of land pursuant to the Town of Schroeppel Code, Chapter 81, including any site plan review pursuant to Article X of Chapter 95, Zoning, (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.[2]
TOWN
The Town of Schroeppel.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable TV facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
[2]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
[1]
Editor's Note: Former § 7-3, Exceptions, was repealed 3-4-2004 by L.L. No. 1-2004.
[Amended 3-4-2004 by L.L. No. 1-2004]
A. 
Subdivisions.
(1) 
The applicant, for approval of a subdivision in the Town, shall reimburse the Town for all reasonable and necessary engineering and legal expenses incurred by the Town in connection with the review and consideration of such subdivision.
(2) 
A developer who constructs, or proposes to construct, one or more highways, drainage facilities, utilities or parks within or in conjunction with an approved subdivision in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of the same to the Town.
B. 
Planned districts.
(1) 
An applicant, for the approval, amendment or extension of a planned district in the Town, shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the review and consideration of said application.
(2) 
A developer who constructs or proposes to construct one or more buildings, highways, drainage facilities, utilities or parks within or in conjunction with a planned district in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the granting of any building permit and in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of the same to the Town.
[Amended 3-4-2004 by L.L. No. 1-2004]
Simultaneously with the filing of an application for approval of a development and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall pay to the Town a fee in an amount determined by the Town Board to reimburse the Town for legal and engineering services as described in § 7-4 of this chapter. Said fee shall be nonrefundable and represents the average cost of such services based upon the Town's experience. The amount of the fee shall be determined prior to the application based upon the table of fees separately adopted by the Town Board and as periodically amended.[1]
[1]
Editor's Note: Former §§ 7-8 through 7-9, regarding deposit amounts and application fees, which immediately followed this section, were repealed 3-4-2004 by L.L. No. 1-2004.