The Town Board hereby finds and determines that, in order to
protect and safeguard the Town of Mount Morris, its residents and
their property, with respect to land development within the Town,
all buildings, structures, highways, drainage facilities, sanitary
sewer facilities, water supply utilities, other utilities and parks
within any such development should be designed and constructed in
a competent and workmanlike manner and in conformity with all applicable
governmental codes, rules and regulations and, where applicable, dedicated
and conveyed to the Town in a legally sufficient manner; that in order
to assure the foregoing, it is essential for the Town to have competent
engineers retained by the Town to review and approve plans and designs,
make recommendations to the Town Board and Planning Board, inspect
the construction of highways, drainage, sewer, other facilities and
parks to be dedicated to the Town and to recommend their acceptance
by the Town, and to have competent attorneys retained by the Town
to negotiate and draft appropriate agreements with developers, obtain,
review and approve necessary security instruments, insurance and other
legal documents, review proposed deeds and easements to assure the Town
is obtaining good and proper title and to generally represent the
Town with respect to any issues with respect to such development,
and that the cost of retaining such competent engineers and attorneys
should ultimately be paid by those who seek to profit from such developments
rather than from general Town funds which are raised by assessments
generally paid by taxpayers of the Town. This chapter is enacted under
the authority of New York State Municipal Home Rule Law § 10,
Subdivision 1, Paragraphs (ii)a(12) and d(3), and New York State Municipal
Home Rule Law § 22. To the extent Town Law §§ 274-a,
276 and 277 do not authorize the Town Board or Town Planning Board
to require the reimbursement to the Town of legal and engineering
expenses incurred by the Town in connection with the review and consideration
of any of the application for the permits or approvals described hereinafter,
it is the expressed intent of the Town Board to change and supersede
such statutes. More particularly, such statutes do not authorize the
deferral or withholding of such approvals in the event that such expenses
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 and any other provision of the New York State Town Law or General
Municipal Law to empower the Town to require such payment as a condition
to such approvals.
As used in this chapter, the following terms shall have the
meaning indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind that
applies for a permit or approval for any of the following:
A.
Acceptance by the Town Board for the dedication of sidewalks,
highways, public rights-of-way, drainage facilities, parks or utilities.
B.
Planning Board approval of site plans pursuant to Chapter
37, Site Plan Review, of the Town Code, special use permits or special permits pursuant to Chapter
48, Zoning, of the Town Code or subdivisions under Chapter
A51, Subdivision Regulations, of the Town Code.
C.
Zoning Board of Appeals approval of variances under Chapter
48, Zoning, of the Town Code.
D.
Rezoning of real property in the Town by the Town Board.
E.
The establishment of any improvement district in the Town, pursuant
to Articles 12, 12A or 12C of the New York State Town Law.
F.
A certificate of occupancy from the Code Enforcement Officer
in connection with a development within the Town.
APPLICATION
The formal request by an applicant or developer, as those
terms are defined hereinafter, for any permit or approval by the Town
Board, Planning Board, Zoning Board of Appeals or Code Enforcement
Officer for the items set forth hereinafter at Subsections A through
F of the definition of "applicant" above, along with the preparation
of any and all plans and submittals submitted in connection therewith,
including, but not limited to, any required review under the New York
State Environmental Quality Review Act (SEQRA).
DEVELOPER
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind,
whether or not an applicant as defined hereinabove, that 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 same to the Town.
DEVELOPMENT
Includes a subdivision, site plan, special use permit, special permit or variance for which approval is required under either Chapter
37, Site Plan Review, Chapter
48, Zoning, or Chapter
A51, Subdivision Regulations, of the Town Code and any construction of buildings, structures, drainage facilities, highways, parks or utilities to be undertaken in connection with any of the foregoing.
DRAINAGE FACILITY
All surface water drainage facilities, including, but not
limited to, catch basins, detention and retention ponds or 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, or
other form of public right-of-way, 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.
TOWN
The Town of Mount Morris, the Town Planning Board, Zoning
Board of Appeals, Code Enforcement Officer or Town Board.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable
television facilities and any easements through or over which said
facilities may be constructed or installed in or in connection with
a development.
The amount of the initial deposit for the various developments
covered by this chapter shall be as set forth in a schedule of deposits
established from time to time by 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.
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, and shall only be used to offset the specific
expenses of the Town in connection with the application or development
and shall not be used to offset the Town's general expenses of legal
and engineering service, for the several Boards of the Town, nor its
general administration expenses.