[HISTORY: Adopted by the Town Board of the Town of Sullivan
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2011 by L.L. No. 3-2011]
A.Â
The people
of the State of New York have in the New York State Constitution,
Article IX, Section 2, delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and the general welfare of its citizenry. More particularly,
Municipal Home Rule Law of the State of New York at § 10
grants to local governments the power to adopt and amend local laws.
B.Â
To the extent that Town Law §§ 274-a, 274-b, 276, 277 and 278 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, for the approval, amendment or extension of a special district and for the review and consideration of applications for zone changes, variances, site plans and special use permits under Chapter 275, Zoning, of the Code of the Town of Sullivan, 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, 274-b, 277 and 278 to empower the Town to require such payment as a condition to such consideration, review, acceptance and/or approvals.
A.Â
The Town
Board finds and determines that in order to protect and safeguard
the Town of Sullivan, its residents and their property with respect
to certain land developments and projects within the Town, all buildings
and improvements, subdivision improvements, special district improvements,
highways, drainage facilities, utilities and parks to be dedicated
to the Town, compliance with MS4 regulations and all other rules,
regulations, statutes and laws applicable thereto within developments
and projects should be designed and constructed in a competent and
worker-like 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.
B.Â
To assure
the forgoing 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 buildings
and improvements, subdivision improvements, special district improvements,
highways, drainage facilities, utilities and parks to be dedicated
to the Town, compliance with MS4 regulations and all other rules,
regulations, statutes and laws applicable thereto (collectively referred
to herein as the "regulated and inspected improvements of the development
and/or project") 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
developments and projects.
C.Â
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 zone changes, variances,
site plan approvals, special use permits, rather than by the public
funds of the Town of Sullivan which are raised by assessments and/or
general taxes paid by taxpayers of the Town.
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 Planning
Board, Zoning Board of Appeals or Town Board to create a special district,
approve a subdivision and/or to consider an application for a zone
change, variance, a site plan approval and/or a special use permit.
Comptroller of the Town of Sullivan.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which:
Constructs or proposes to construct one or more regulated and
inspected improvements of the development and/or project; or
Requests the Town to create a special district; or
Requests the Town to approve an application for a zone change,
subdivision, variance, site plan and/or a special use permit.
A development and project, by whatever name designated, consists
of what the developer intends to construct and the outcome of what
the developer intends to achieve, and includes, but is not limited
to, a subdivision or a special district or an activity for which a
zone change, subdivision, variance, site plan and/or a special use
permit is required.
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 such facilities may be constructed or installed within
or in conjunction with a development and/or project.
Highway includes, but is not limited to, a street, avenue,
road, square, place, alley, lane, boulevard, concourse, parkway, driveway,
overpass or underpass and also includes all items appurtenant thereto,
including, but not limited to, bridges, culverts, ditches, shoulders
and sidewalks within or in conjunction with a development and/or project.
An area of land located within a development and/or project
which is open to the public and devoted to active or passive recreation.
The Planning Board of the Town of Sullivan.
Any special district defined by the Town Law of the State
of New York.
A subdivision of land as defined in Chapter 235, Subdivision of Land, of the Code of the Town of Sullivan.
Supervisor of the Town of Sullivan.
The Town of Sullivan.
The Town Board of the Town of Sullivan.
All water, sanitary sewer, gas, electric, telephone and cable
television faculties and my easements though or over which said facilities
may be constructed or installed within or in conjunction with a development
and/or project.
The Zoning Board of Appeals of the Town of Sullivan.
A.Â
Subdivisions.
(1)Â
An applicant seeking 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 identified in § 140-2 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 regulated and inspected improvements of the development and/or project within or in conjunction with an approved subdivision in the Town shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs identified in § 140-2 incurred by the Town in connection with the inspection and acceptance process of the Town of regulated and inspected improvements of the development and/or project and the dedication of the same to the Town.
B.Â
Special districts.
(1)Â
An applicant for approval, amendment or extension or a special district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs identified in § 140-2 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 regulated and inspected improvements of the development and/or project within or in conjunction with a special district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs identified in § 140-2 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 regulated and inspected improvements of the development and/or project and the dedication of the same to the Town.
C.Â
Zone changes, variances, site plans and special use permits. An applicant and/or developer making application for the approval of site plan or a special use permit or seeking approval of an application for a zone change and/or variance shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs identified in § 140-2 incurred by the Town in connection with the review and consideration of such application.
A.Â
Simultaneously with the filing of an application for approval of
a development and/or project or the filing of an application for approval
of a zone change, variance, a site plan approval or a special use
permit, the applicant and/or developer, as the case may be, shall
deposit with the Town Comptroller a sum of money, as determined in
accordance with the schedule of deposits fixed by the Town Board pursuant
to this article, which sum shall be used to pay the reasonable and
necessary fees, expenses and costs incurred by the Town for legal,
engineering and other professional consulting services as described
in this article.
B.Â
Upon receipt of such sums, the Comptroller shall cause such monies
to be placed in a 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 and/or developer
identifying the development and/or project for which such sums were
deposited.
C.Â
Upon receipt by the Comptroller 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 and/or project and/or the application for a zone
change, variance, site plan approval or special use permit, the Comptroller
shall cause such vouchers to be paid out of the monies so deposited
and shall debit the separate record of such account accordingly. The
Comptroller shall furnish copies of such vouchers to the applicant
or developer immediately after such vouchers are submitted to the
Town.
D.Â
The Comptroller, on behalf of the Town Board, shall review and audit
all such vouchers and shall pay only such legal, engineering, and/or
other professional consulting fees, expenses and costs as are approved
by the Comptroller in accordance with the resolution of the Town Board
determining such legal, engineering, and/or other professional consulting
fees, expenses and costs as being reasonable in amount and necessarily
incurred by the Town in connection with the review, consideration
and approval of developments and/or projects, the inspection and acceptance
of regulated and inspected improvements of the development and/or
project within or in conjunction with such developments and/or projects,
and the review, consideration and approval of applications for zone
changes, variances, site plans and special use permits. For purposes
of the foregoing, a fee or part thereof is reasonable in amount if
it bears a reasonable relationship to the charge by engineers or attorneys
to the Town for comparable services performed in connection with approval
or construction of a similar development or project, 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 and/or project, the topography of the land on which such
development and/or project is located, soil conditions surface water,
drainage conditions, the nature and extent of regulated and inspected
improvements of the development and/or project to be constructed and
any special conditions or other considerations the Town Board 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 regulated
and inspected improvements of the development and/or project 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 zone change, variance, site
plan approval or a special use permit.
E.Â
If at any time during or after the processing of such application
or the construction, inspection or acceptance of regulated and inspected
improvements of the development and/or project or during or after
the processing of an application for a Zone change, variance, site
plan approval, or special use permit 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 Comptroller
that such monies will be insufficient to meet vouchers yet to be submitted,
the Comptroller shall request the applicant or developer to deposit
additional sums as the Comptroller deems reasonably necessary or advisable
in order to meet such fees, expenses and costs or anticipated fees,
expenses and costs.
F.Â
In the event that the applicant and/or developer fails to deposit
such funds or such additional funds, the Comptroller shall notify
the Town Board and, as applicable, the Chairman of the Planning Board,
the Chairman of the Zoning Appeals Board, and the Town's Code 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.Â
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development and/or project,
or any requested zone change, variance, site plan approval or special
use permit and after payment of all approved vouchers submitted regarding
such development and/or project or application, any sums remaining
on account to the credit of such applicant and/or developer shall
be returned to such applicant and/or developer, along with a statement
of the vouchers paid.
The amount of the initial deposit for the various developments
and/or projects and/or applications covered by this article shall
be as set forth in a schedule of deposits established from time to
time by the resolution of the Town Board. The schedule shall remain
in effect and shall apply to all applicants and developers until amended
or revised by subsequent resolution of the Town Board.
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, the County of Madison, the State of New York or of any other body having jurisdiction with respect to a regulated and inspected improvements of the development and/or project or to an application for a zone change, variance, site plan or a special use permit and shall be used to defray the Town's expenses for legal, engineering or other professional consulting fees for the purpose stated in § 140-2 of this article.
