[HISTORY: Adopted by the Town Board of the Town of Dryden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-2000 by L.L.
No. 5-2000]
A.
The Town Board hereby finds and determines that in order to protect
and safeguard the Town of Dryden, its residents and their property
with respect to certain land developments within the Town, all buildings,
highways, drainage facilities, water and sewer facilities, other utilities
and parks within developments should be designed and constructed in
a competent and workmanlike manner and in conformity with all applicable
governmental codes, rules and regulations and 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, water and 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 securities, 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 legal disputes and issues with respect to developments,
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 from taxes paid
by taxpayers of the Town.
B.
This article is enacted under the authority of Municipal Home Rule
Law § 10(1)(ii)(a)(12) and (d)(3) and Municipal Home Rule
Law § 22. To the extent Town Law §§ 274-a,
274-b, 276, 277 and 278 do not authorize the Town Board, Site Plan
Review 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 applications for site
plan review, special permits, subdivision approval, and for the approval,
amendment or extension of planned unit developments, 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 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, 274-b, 276, 277 and 278 to empower
the Town to require such payment as a condition to such approvals.
As used in this article, the following terms shall have the
meaning indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests the Town
through its Planning Board, Site Plan Review Board or Town Board to
approve a development or application.
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, water, sewer
or other facilities, utilities or parks within or in conjunction with
a development and to convey or dedicate same to the Town.
Includes an application for site plan approval, special permit
approval, subdivision approval, or planned unit development approval.
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 land on which said facilities may be constructed or installed
in or in connection with a development.
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.
An area of land located within a development which is open
to the public and devoted to active or passive recreation.
Uses allowed with site plan review pursuant to the zoning
ordinance of the Town (including environmental review pursuant to
the New York State Environmental Quality Review Act).
Uses allowed by special permit pursuant to Chapter 270, Zoning (including environmental review pursuant to the New York State Environmental Quality Review Act).
A subdivision of land pursuant to Chapter 240, Subdivision of Land (including environmental review pursuant to the New York State Environmental Quality Review Act).
The Town of Dryden.
All water, sewer, drainage, 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.
A.
Site plan review.
(1)
The applicant, in connection with an application for a site plan
approval in the Town, shall reimburse the Town for all reasonable
and necessary engineering expenses incurred by the Town in connection
with the review and consideration of such site plan review application.
(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 site plan by 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 same to the Town.
B.
Special permits.
(1)
The applicant, in connection with an application for approval of
a special permit in the Town, shall reimburse the Town for all reasonable
and necessary engineering expenses incurred by the Town in connection
with the review and consideration of such special permit application.
(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 special permit by 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 same to the Town.
C.
Subdivisions.
(1)
The applicant, in connection with an application for approval of
a subdivision in the Town, shall reimburse the Town for all reasonable
and necessary engineering expenses incurred by the Town in connection
with the review and consideration of such subdivision application.
(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 by 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 same to the Town.
D.
Planned unit development.
(1)
An applicant, in connection with an application for the approval,
amendment or extension of a planned unit development in the Town,
shall reimburse the Town for all reasonable and necessary engineering
expenses incurred by the Town in connection with the review and consideration
of such planned unit development application.
(2)
A developer who constructs or proposes to construct one or more highways,
drainage facilities, utilities or parks within or in conjunction with
a planned unit development 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 same to the Town.
E.
Stormwater pollution prevention plans.
[Added 12-13-2007 by L.L.
No. 5-2007]
(1)
The applicant, in connection with the approval of a stormwater pollution
prevention plan (SWPPP), shall reimburse the Town for all reasonable
and necessary engineering, certified inspector, certified professional,
licensed professional or qualified professional expenses incurred
by the Town in connection with the review and consideration of such
SWPPP.
(2)
A developer who constructs, or proposes to construct, one or more
drainage facilities or stormwater management and erosion and sediment
control facilities in connection with an approved SWPPP shall reimburse
the Town for all reasonable and necessary engineering, certified inspector,
certified professional, licensed professional or qualified professional
expenses incurred by the Town in connection with the inspection, approval,
and if applicable, acceptance by the Town of such facilities and the
dedication of the same to the Town.
A.
The following developments are hereby excepted from the application of this article: any division of land that does not meet the definition of "subdivision" in Chapter 240, Subdivision of Land.
B.
Notwithstanding anything to the contrary contained in this article,
an applicant or developer shall not be required to reimburse the Town
for any part of a legal or engineering fee incurred by the Town for
services performed in connection with matters, including but not limited
to those resulting from complaints by third parties, as to which the
Town Board determines the applicant or developer had no responsibility
or was beyond the reasonable control of the applicant or developer.
A.
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 deposit with the Town Supervisor a sum of money, as determined in § 151-6 of this article, which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in § 151-3 of this article.
B.
Upon receipt of such sums, the Town Supervisor shall cause such monies
to be placed in a separate non-interest-bearing account in the name
of the Town and shall keep a separate record of all such monies so
deposited and the name of the applicant or developer and project for
which such sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized vouchers
from an engineer and/or attorney for services rendered on behalf of
the Town pertaining to the development, the Town Supervisor shall
cause such vouchers to be paid out of the monies so deposited, and
shall furnish copies of such vouchers to the applicant or developer
at the same time such vouchers are submitted to the Town.
D.
The Town Board shall review and audit all such vouchers and shall
approve payment of only such engineering and legal fees as are reasonable
in amount and necessarily incurred by the Town in connection with
the review, consideration and approval of developments and the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments. For purpose of the
foregoing, a fee or part thereof is reasonable in amount if it bears
a reasonable relationship to the average charge by engineers or attorneys
to the Town for services performed in connection with the approval
or construction of a similar development, and in this regard, the
Town Board may take into consideration the size, type and number of
buildings to be constructed, the amount of time to complete the development,
the topography of the land on which such development is located, soil
conditions, surface water, drainage conditions, the nature and extent
of highways, drainage facilities, utilities and parks to be constructed
and any special conditions or considerations as the Town Board may
deem relevant; and a fee or part thereof is necessarily incurred it
was charged by the engineer or attorney 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 run-off and other factors,
assure the proper and timely construction of highways, drainage facilities,
utilities and parks, 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 Board may deem relevant.
E.
If at any time during or after the processing of such application
or in the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks 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 Town Supervisor that such monies will be insufficient to meet
vouchers yet to be submitted, the Town Supervisor shall cause the
applicant or developer to deposit additional sums as the Supervisor
deems necessary or advisable in order to meet such expenses or anticipated
expenses.
F.
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Town Supervisor shall notify,
as applicable, the Chairperson of the Planning Board, Town Board and/or
Town's Code Enforcement Officer of such failure, and any review, approval,
building permit or certificates of occupancy may be withheld by the
appropriate Board, officer or employee of the Town until such monies
are deposited.
G.
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, and after payment
of all approved vouchers submitted regarding such development, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
The amount of the initial deposit for the various developments
covered by this article 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 article shall be in addition to
any application fees as may be required by other laws, rules, regulations
or ordinances of the Town, and shall not be used to offset the Town's
general expenses of legal and engineering services for the several
Boards of the Town, nor its general administration expenses.
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 affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment is rendered.
This article shall take effect immediately upon filing in the
office of the Secretary of State.
