Town of Pompey, NY
Onondaga County
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[Adopted 5-5-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law also superseded former Art. II, Development Fees, adopted 3-5-1990 by L.L. No. 3-1990, as amended.
A. 
The Town Board hereby finds and determines that:
(1) 
In order to protect and safeguard the Town of Pompey, its residents 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 and dedicated and conveyed to the Town in a legally sufficient manner;
(2) 
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 and 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 agreements with developers, to obtain, review and approve necessary securities, insurance and other legal documents, to review proposed deeds and easements to assure that 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
(3) 
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 article is enacted under the authority of Municipal Home Rule Law § 10, Subdivision l(ii)a(12) and d(3), and Municipal Home Rule Law § 22. To the extent that 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 applications for planned districts, site plans, special use permits, subdivisions, variances and zone changes, 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.
[Amended 9-7-2011 by L.L. No. 2-2011]
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.[1]
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.[2]
TOWN
The Town of Pompey.
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.[3]
[Added 9-7-2011 by L.L. No. 2-2011]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
[2]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
[3]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
A. 
Subdivisions.
(1) 
The applicant for approval of a 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 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.
C. 
Site plan review. The applicant for approval of a site plan 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 site plan.
[Added 9-7-2011 by L.L. No. 2-2011]
D. 
Special use permits. The applicant for approval of a special use permit 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 special use permit.
[Added 9-7-2011 by L.L. No. 2-2011]
E. 
Zone changes. An applicant for the approval of a zone change 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 said application.
[Added 9-7-2011 by L.L. No. 2-2011]
F. 
Variances. An applicant for the approval of a variance 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 said application.
[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.
A. 
Simultaneously with the filing of an application for approval of a subdivision, planned district, site plan, special use permit, variance or zone change, the applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in § 90-10 of this article, which sum shall be used to pay the costs incurred by the Town for engineering, professional and legal services as described in § 90-7 of this article.
[Amended 9-7-2011 by L.L. No. 2-2011]
B. 
Upon receipt of such sums, the Town Supervisor shall cause such moneys to be placed in a separate account in the name of the Town and shall keep a separate record of all such moneys so deposited and the name of the applicant or developer and project for which such sums were deposited.
C. 
Upon receipt and approval by the Town Supervisor of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the development, the Town Supervisor shall cause such vouchers to be paid out of the moneys so deposited and shall debit the separate record of such account accordingly. The Town shall furnish copies of such vouchers to the applicant or developer upon request.
D. 
The Town Board shall review and audit all such vouchers and shall approve payment of only such engineering, professional and legal fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of applications or developments and the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments. For purposes of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys or other professionals to the Town for services performed in connection with the review and approval of a similar application or development, and the Town Board may take into consideration the number, type and scope of issues and review involved in the application, including the amount of time necessary for the Town to review issues of concern raised by the public. In the specific case of developments, the Town Board shall consider the number of buildings to be constructed, the amount of time to complete the development, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed. In all cases, the Town Board shall consider any special conditions or considerations as it may deem relevant, and a fee or part thereof is necessarily incurred if it was charged by the engineer or attorney or other professional for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town, protect public or private property from damage from uncontrolled surface water runoff and other factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks and protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability and such other interests as the Town Board may deem relevant.
[Amended 9-7-2011 by L.L. No. 2-2011]
E. 
If at any time during or after the processing of such application or the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks there shall be insufficient moneys on hand to the credit of such applicant or developer to pay the approved vouchers in full, or if it shall reasonably appear to the Town Board that such moneys will be insufficient to meet vouchers yet to be submitted, the Town Board shall cause the applicant or developer to deposit additional sums as the Board deems necessary or advisable in order to meet such expenses or anticipated expenses.
[Amended 9-7-2011 by L.L. No. 2-2011]
F. 
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify, as applicable, the Chairman of the Planning Board, the Town Board and/or the Town's Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy may be withheld by the appropriate board, officer or employee of the Town until such moneys are deposited.
G. 
Within 30 days after final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer.
[Amended 9-7-2011 by L.L. No. 2-2011]
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.[1]
[1]
Editor's Note: Said schedule is on file in the Town offices.
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.