[Adopted 2-9-2009 by L.L.
No. 1-2009]
As used in this article, 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 Marcellus
Planning Board, Zoning Board of Appeals or Town Board to approve a
subdivision of land onto three or more parcels or the combination
of three or more parcels into a lesser amount and/or to grant an application
for a variance, a controlled site plan or a specific permit.
DEVELOPER
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which:
A.
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;
B.
Requests the Town to create a district; or
C.
Requests the Town to approve an application for a subdivision,
variance, controlled site plan or specific permit.
DEVELOPMENT
Includes, but is not limited to, a subdivision or a district.
DISTRICT
Any special district under the Town Law.
DRAINAGE FACILITY
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.
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.
PARK
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
SUBDIVISION
A subdivision of land as defined in Chapter
205, Subdivision of Land.
TOWN
The Town of Marcellus.
TOWN BOARD
The Town Board of the Town of Marcellus.
UTILITIES
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 within or in conjunction
with a development.
The amount of the initial deposit for the various developments
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 Onondaga, the State of New
York 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, controlled site plan or a specific permit and shall not
be used to defray 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 at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An applicant may appeal, in writing, to the Town Board for a
reduction in the required reimbursement amount. An appeal must be
filed with the Town Board no later than 15 days after mailing or other
delivery to the applicant of the contested voucher. Upon such appeal,
the Town Board, in its discretion, may determine that an applicant
is not required to reimburse the Town for that part of an engineering,
legal or planning fee incurred by the Town for services performed
in connection with an application matter for which the Town Board
determines the applicant bears no responsibility and which was beyond
the reasonable control of the applicant. The Town Board's determination
shall be in writing and shall be made no later than 45 days after
receipt of the applicant's appeal.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The fees required in accordance with this article may be waived
by the Town Board, at its sole discretion, with respect to applications
made by educational, religious, fraternal, service organizations and
all other not-for-profit entities.
If any clause, sentence, paragraph, subdivision, section or
part of this article 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.