Town of Onondaga, NY
Onondaga County
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[HISTORY: Adopted by the Onondaga Town Board 7-20-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 80.
Sewers — See Ch. 218.
Stormwater — See Ch. 249.
Subdivision of land — See Ch. 257.
Zoning — See Ch. 285.
[Amended 6-19-2017 by L.L. No. 3-2017]
A. 
The Town Board hereby finds and determines that in order to protect and safeguard the Town of Onondaga, its residents and their property with respect to certain land developments and projects within the Town, all buildings and related improvements, highways, drainage facilities, utilities and parks within said developments and projects should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental laws, codes, rules and regulations and should be dedicated and conveyed to the Town in a legally sufficient manner. To assure the foregoing, it is essential for the Town to have and to retain competent engineers and other professional consultants to review and approve plans and designs, make recommendations to the Town Board, Planning Board and Zoning Board of Appeals, inspect the construction of highways, drainage facilities, utilities and parks to be dedicated to the Town and to recommend their acceptance by the Town and for the Town to have and retain competent attorneys to assist in the application review process, 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, to render legal opinions and to generally represent the Town with respect to any legal disputes and issues which may arise regarding such developments and projects. The cost of retaining such competent engineers, attorneys and other professional consultants should ultimately be paid by those who seek to benefit from such developments and projects, including variances, site plans, and special permit uses rather than by general Town funds which are raised by assessments and/or general taxes paid by taxpayers of the Town.
B. 
This chapter is enacted by local law under the authority of Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and (d)(3), and the Municipal Home Rule Law § 22. To the extent that Town Law §§ 274-a, 276 and 277 do not authorize the Town Board, Town Planning Board and/or the Town Zoning Board of Appeals to require reimbursement to the Town of legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with the review and consideration of applications for subdivision approval, and for the approval, amendment or extension of planned districts, for the approval, formation, amendment or extension of a district and for the review and consideration of applications for variances, site plans and special permit uses under Chapter 285, Zoning, of the Code of the Town of Onondaga, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, to the extent that such statutes do not authorize the deferral or withholding of such consideration, review, acceptance or approvals in the event that such fees, expenses and costs 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 consideration, review, acceptance or 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 of Onondaga Planning Board, Zoning Board of Appeals or Town Board to approve a development, approve the formation, amendment or extension of a district and/or to grant an application for a variance, a site plan or a special permit use.
[Amended 6-19-2017 by L.L. No. 3-2017]
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 with the intent to convey or dedicate the same to the Town, or requests the Town to approve the formation, amendment or extension of a district, or requests the Town to approve an application for a subdivision, variance, site plan or special permit use.
[Amended 6-19-2017 by L.L. No. 3-2017]
DEVELOPMENT
Includes a subdivision or a planned district.
DISTRICT
Any special district under the Town Law of the State of New York.
[Added 6-19-2017 by L.L. No. 3-2017]
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
A planned residential district, planned residential community district, planned mobile home development district or planned economic district established under § 285-17 of Chapter 285, Zoning, including any site plan review pursuant to § 285-18 of Chapter 285, Zoning (or any successor provision), or environmental review pursuant to the New York State Environmental Quality Review Act[1] or the Town of Onondaga L.L. No. 6-1979.[2]
SITE PLAN
Any site plan review pursuant to Chapter 285 (Zoning) of the Code of the Town of Onondaga.
[Added 6-19-2017 by L.L. No. 3-2017]
SPECIAL PERMIT USE
A use which because of its unique characteristics requires individual consideration through a procedure of review by the Town of Onondaga Zoning Board of Appeals, in order to determine whether a use should be allowed, conditionally allowed or denied pursuant to Chapter 285 (Zoning) of the Code of the Town of Onondaga.
[Added 6-19-2017 by L.L. No. 3-2017]
SUBDIVISION
A subdivision of land pursuant to Chapter 257, Subdivision of Land, Article II, Enforcement of Subdivision Regulations (as amended) and the land subdivision regulations of the Town, including any site plan review pursuant to § 285-18 of Chapter 285, Zoning, of the Town (or any successor provision), or environmental review pursuant to the New York State Environmental Quality Review Act[3] or the Town of Onondaga L.L. No. 6-1979.[4]
TOWN
The Town of Onondaga.
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 area or use variance as those terms are defined in Chapter 285 (Zoning) of the Code of the Town of Onondaga.
[Added 6-19-2017 by L.L. No. 3-2017]
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
[2]
Editor's Note: This local law, which adopted original Ch. 13C, Environmental Quality Review, was repealed 5-2-2011 by L.L. No. 2-2011.
[3]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
[4]
Editor's Note: This local law, which adopted original Ch. 13C, Environmental Quality Review, was repealed 5-2-2011 by L.L. No. 2-2011.
A. 
Subdivisions.
(1) 
The applicant for approval of a subdivision in the Town shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with the review and consideration of a subdivision.
[Amended 6-19-2017 by L.L. No. 3-2017]
(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. 
Districts.
[Added 6-19-2017 by L.L. No. 3-2017]
(1) 
An applicant for approval, formation, amendment or extension of a district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs 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 other improvement within or in conjunction with a district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees and 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 other improvements and the dedication of the same to the Town.
D. 
Variances, site plans and special permit uses. An applicant or developer making application for the approval of a site plan or a special permit use or seeking approval of an application for a variance shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with the review and consideration of such application.
[Added 6-19-2017 by L.L. No. 3-2017]
A. 
The following developments are hereby excepted from the application of this chapter:
(1) 
Any development of land of one acre or less abutting an existing public highway.
(2) 
Any subdivision of land into no more than two lots abutting an existing public highway.
B. 
Notwithstanding anything to the contrary contained in this chapter, an applicant or developer shall not be required to reimburse the Town for any part of a legal or engineering fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Town Board determines the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.
[Amended 6-19-2017 by L.L. No. 3-2017]
A. 
Simultaneously with the filing of an application for approval of a development, or the approval, formation, amendment or extension of a district, or the filing of an application for approval of a variance, a site plan or a special permit use, 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 deposit with the Town Supervisor a sum of money, as determined in § 91-6 of this chapter, which sum shall be used to pay the costs incurred by the Town for legal, engineering and other professional consulting services as described in this chapter.
B. 
Upon receipt of such sums, the Town Supervisor shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep or cause to be kept a separate record of all such monies so deposited and the name of the applicant or developer and the application, development or district for which such sums were deposited.
C. 
Upon receipt and approval by the Town Board of itemized vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Town pertaining to the development or the approval, formation, amendment or extension of a district, or the application for a variance, site plan or special permit use, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The engineer and attorney shall furnish copies of such vouchers to the applicant or developer immediately after such vouchers are submitted to the Town.
D. 
The Town Board shall review and audit all such vouchers and shall approve payment of only such legal, engineering, and/or other professional consulting fees, expenses, costs and fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of developments or districts, the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments or districts and the review, consideration and approval of applications for variances, site plans and special permit uses. For purposes of the foregoing, an expense, cost or fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Town for services performed in connection with approval or construction of a similar development, project, or application, and in this regard the Town may take into consideration the size, type, value and number of buildings to be constructed, the amount of time to complete the development or project, 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 and any special conditions or considerations the Town may deem relevant. For purposes of the foregoing, a fee, expense or cost, or part thereof, is necessarily incurred if it was charged by the attorney, engineer or other professional consultant 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, to assure the proper and timely construction of highways, drainage facilities, utilities and parks and otherwise to 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 may deem relevant or to assure the proper and timely review and consideration of an application for a variance, controlled site plan or a specific permit.
E. 
If at any time during or after the processing of such applications or the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks or during or after the processing of an application for a variance, site plan, or special permit use there shall be insufficient monies 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 Supervisor that such monies will be insufficient to meet vouchers yet to be submitted, the Town Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems reasonably necessary or advisable in order to meet such fees, expenses and costs or anticipated fees, expenses and costs.
F. 
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify the Town Board and, as applicable, the Chair of the Planning Board, the Chair of the Zoning Appeals Board, and the Town's Codes Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy shall be withheld by the appropriate board, officer or employee of the Town until such monies are deposited.
G. 
After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, or any requested variance, site plan or special permit use and after payment of all approved vouchers submitted regarding such development or application, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.
[Amended 6-19-2017 by L.L. No. 3-2017]
The amount of the initial deposit for the various developments and/or applications covered by this chapter shall be as set forth in a schedule of deposits established from time to time by the 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 of the Town Board.
[Amended 6-19-2017 by L.L. No. 3-2017]
The deposits required by this chapter shall be in addition to any application fees as may be required by other laws, rules, regulations or ordinances of the Town or of any other body having jurisdiction with respect to a development, drainage facility, highway, utility or park or to an application for a variance, site plan or a special permit use and shall not be used to offset either the Town's general expenses for legal, engineering or other professional consulting fees, expenses or costs for the several boards of the Town or its general administration expenses.
[Added 6-19-2017 by L.L. No. 3-2017]
If any clause, sentence, paragraph, subdivision, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder thereof but shall be limited in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the proceeding in which such judgment is rendered.