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
or its Planning Board or Town Board to approve a subdivision or a
planned district.
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 storm sewers and their appurtenances, drainage swales and
ditches, and an 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 commercial development district (C-3) or planned unit development district (PUD) established under Articles
XIII,
XIV or
XV of Chapter
95, Zoning, including any site plan review pursuant to Article
X of Chapter
95, Zoning, (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.
SUBDIVISION
A subdivision of land pursuant to the Town of Schroeppel Code, Chapter
81, including any site plan review pursuant to Article
X of Chapter
95, Zoning, (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.
TOWN
The Town of Schroeppel.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable
TV facilities and any easements through or over which said facilities
may be constructed or installed in or in connection with a development.
[Amended 3-4-2004 by L.L. No. 1-2004]
A. Subdivisions.
(1) The applicant, for approval of a subdivision 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 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.
[Amended 3-4-2004 by L.L. No. 1-2004]
Simultaneously with the filing of an application for approval of a development 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 pay to the Town a fee in an amount determined by the Town Board to reimburse the Town for legal and engineering services as described in §
7-4 of this chapter. Said fee shall be nonrefundable and represents the average cost of such services based upon the Town's experience. The amount of the fee shall be determined prior to the application based upon the table of fees separately adopted by the Town Board and as periodically amended.