As used in this chapter, 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 Town
of Eaton Planning Board, Zoning Board of Appeals or Town Board to
approve a subdivision, development and/or to grant an application
for a variance, subdivision, site plan approval, special use permit,
zone change, zoning amendment and/or other land use approval.
DEVELOPER
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which (1) 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, or (2) requests the Town
to create a district, or (3) requests the Town to approve an application
for a variance, subdivision, site plan approval, special use permit,
zone change, zoning amendment and/or other land use approval.
DEVELOPMENT
Includes, but is not limited to, land use development, a
project, subdivision or a district.
DISTRICT
Any special district under the Town Law of the State of New
York, as applicable.
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.
SITE PLAN
Any site plan review pursuant to Chapter
120, Land Use, of the Code of the Town of Eaton.
SPECIAL USE PERMIT
A use which because of its unique characteristics requires individual consideration through a procedure of review by the Town of Eaton Zoning Board of Appeals, in order to determine whether a use should be allowed, conditionally allowed or denied pursuant to Chapter
120, Land Use, of the Code of the Town of Eaton.
SUBDIVISION
A subdivision of land as defined in the Town of Eaton subdivision
regulations and Town Code.
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.
VARIANCE
Any area or use variance as those terms are defined in Chapter
120, Land Use, of the Code of the Town of Eaton or the New York State Town Law.
The amount of the initial deposit for the various developments
and/or applications covered by this chapter 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 chapter 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 development,
drainage facility, highway, utility or park or to an application for
a variance, subdivision, site plan approval, special use permit, district
formations and/or extensions, zone change, zoning amendments and/or
other land use approval 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.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter 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.