This chapter is enacted under the authority of Subparagraphs a(l), (2)
and (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 of 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.