[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Editor's Note: This local law also superseded former Art.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.Â
The Town Board hereby finds and determines that:
(1)Â
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)Â
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)Â
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.Â
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:
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]
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.
Includes a subdivision or a planned district.
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.
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.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
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]
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]
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]
The Town of Pompey.
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.
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]
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]
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]
A.Â
Subdivisions.
(1)Â
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)Â
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.Â
Planned districts.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
