[Adopted 5-13-2006 by L.L. No. 1-2006]
The Town Board makes the following findings:
A. The Town of Porter Master Plan and local laws and ordinances previously
adopted by the Town of Porter Board, require an engineering review
by the Town's Engineer or consulting engineers prior to approval
of certain permits and authorizations.
B. The Town has further established, through local legislation, a process
of approval for site plan review, the creation of subdivisions, the
dedication of roads, easements and procedure for drainage, water and
sewerage facilities, the rezoning of property for the benefit of applicants
for such improvements.
C. Existing revenue sources are not sufficient to fund engineering costs
for such developments and improvements, and such development should
contribute its fair share of the costs attributable to the specific
improvement, project, site or plan being proposed.
D. The engineering cost recovery fee shall be set at a rate which is
fair and just to the applicant and does not represent a means to correct
deficiencies in the Town's current budget for planning.
E. The engineering cost recovery fee shall pay the costs of engineering
for the Town and SEQR review, as allowed by the cost recovery purposes
of the SEQR regulations.
As used in this article, the following terms shall have the
meanings indicated:
BOARDS
The Town Board and any duly constituted board authorized
by the Town Law of the State of New York.
ENGINEER or ENGINEERING
The practice or profession of a licensed professional engineer
in performing the following: consultation, investigation, evaluation,
planning, design or supervision of construction or operation in connection
with any utilities structures, sites, buildings, machines, equipment,
processes, works or projects wherein the safeguard of life, health
and property is concerned, when such work requires the application
of engineering principals and data.
IMPROVEMENT
The alteration of land, the construction of a structure or
utility, either public or private, the laying out of a subdivision,
plat or parcel as defined by Town local law, the construction of a
road, curb, sewer line, water line, drainage facility, landfill, sidewalk
or other activity authorized by Town local laws.
LAND SURVEYOR
The branch of the engineering profession and applied mathematics
which includes the measuring and plotting if the dimensions and areas
of any portion of the earth, currently licensed by the State of New
York.
PERSON
An individual, a corporation, a partnership or firm.
SEQR
The implementing regulations of the State Environmental Quality
Review Act (New York State Environmental Conservation Law § 8-0111)
as set forth under Title 6 of the New York Compilation of Rules and
Regulations (6 NYCRR 617) which provide for incorporating environmental
review within the decisionmaking of any agency of any governmental
unit in the State of New York.
SQUARE FOOT or SF
Refers to gross square feet, the sum of enclosed areas on
all floors of a building or structure, including areas used for storage
or access above or below grade, including lobbies, stairways, porches,
balconies and garages.
TOWN BOARD
The Town Board for the Town of Porter, New York.
TOWN PUBLIC WORK ENGINEER
Whenever the terms "engineer," "engineering," "Town Engineer,"
"Engineer of Record," or "consulting engineers" are used in this article
or amendments, those terms shall be defined as including the Town
Public Works Engineer, whose hourly time reimbursement for cost recovery
shall be established from time to time by resolution of the Town Board.
In no event shall the Town charge against or utilize a fee paid
hereunder for deficiencies in Town-owned improvements, routine maintenance
or matters not directly related to the engineering cost for the specific
improvement proposed.