[HISTORY: Adopted by the Onondaga Town Board 7-20-1992 by L.L. No.
1-1992. Amendments noted where applicable.]
[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:
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]
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]
Includes a subdivision or a planned district.
Any special district under the Town Law of the State of New
York.
[Added 6-19-2017 by L.L.
No. 3-2017]
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.
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]
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]
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]
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]
The Town of Onondaga.
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 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]
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]
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.
