[HISTORY: Adopted by the Town Board of the Town of Lenox 8-11-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
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 Lenox Planning Board, Zoning Board of Appeals or Town Board to approve a subdivision, to form/extend a special district and/or to grant an application for a license, permit, variance, site plan, special use permit or zoning change.
BOARD
The Town of Lenox Town Board, the Planning Board of the Town of Lenox or the Zoning Board of Appeals of the Town of Lenox, whichever the case may be.
DEVELOPER
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, utilities or parks within or in conjunction with a development with the intent to convey or dedicate the same to the Town, or requests the Town to create or extend a district, or requests the Town to approve an application for a subdivision, variance, site plan, special use permit, license, permit or zoning change.
DEVELOPMENT
Includes, but is not limited to, a subdivision or district or connection to a Town utility.
DISTRICT
Any special district established or extended to provide services which includes, but is not limited to, water, sanitary, sewer, drainage, lighting, gas, electric or other facilities.
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.
PLANNING BOARD
The Planning Board of the Town of Lenox.
PROJECT
Any specific, organized effort undertaken to create, alter or manage a building, structure or land area which requires review and/or approval from the Town of Lenox Town Board, the Planning Board of the Town of Lenox and/or the Zoning Board of Appeals of the Town of Lenox. Also includes development, district, drainage facility, highway, park, subdivision, utilities and zoning change, as defined in this section; and requests for permits and licenses.
SUBDIVISION
A subdivision of land as defined in the Town of Lenox subdivision regulations.[1]
SUPERVISOR
The Town Supervisor of the Town of Lenox.
TOWN
The Town of Lenox.
TOWN BOARD
The Town Board of the Town of Lenox.
UTILITIES
All water, sanitary, sewer, drainage, lighting, gas, electric, telephone and cable television facilities and any easements through or over which said facilities may be constructed, connected to or installed within or in conjunction with a development.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Lenox.
ZONING CHANGE
The alteration of existing zoning regulations that govern how land can be used within a specific area or property, including a planned development district.
[1]
Editor's Note: See Ch. 114, Subdivision of Land.
A. 
Subdivisions.
(1) 
An applicant for 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 incurred by the Town in connection with the review and consideration of such subdivision.
(2) 
A developer who constructs or proposes to construct one or more districts, highways, drainage facilities, utilities or parks 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 incurred by the Town in connection with the inspection and acceptance by the Town of such districts, highways, drainage facilities, utilities and parks and the dedication of the same to the Town.
B. 
Districts.
(1) 
An applicant for approval, formation, amendment or extension of a district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with the review and consideration of said application.
(2) 
A developer who constructs or proposes to construct one or more buildings, highways, drainage facilities, utilities or parks within or in conjunction with a district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs 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 highways, drainage facilities, utilities and parks and the dedication of the same to the Town.
C. 
Variances, site plans, special use permits and zoning changes. An applicant or developer making application for the approval of a site plan or a special use permit or seeking approval of an application for a variance or zoning change shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with the review and consideration of such application.
D. 
Other projects. All fees, expenses and costs for legal, engineering and other professional consulting services incurred due to any other project(s) before the Town not specifically set forth in this chapter (including requests for licenses and permits for connecting to Town infrastructure) must be reimbursed directly to the Town should the specific board(s) addressing the project(s) deem it necessary.
A. 
Simultaneously with the filing of an application for approval of a development or the formation or extension of a district or the filing of an application for approval of a variance, a site plan, a special use permit or zoning change, request for a license, permit or connection to Town infrastructure, or other project, the applicant or developer, as the case may be, shall deposit with the Town a sum of money, as determined in accordance with the schedule of deposits fixed by the Town Board pursuant to this chapter, 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 chapter.
B. 
Upon receipt of such sums, the Supervisor shall cause such monies to be placed in a separate 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 or developer and the application and project for which sums were deposited.
C. 
Upon receipt and approval by the Supervisor of itemized vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Town pertaining to the development, the district or the application for a variance, site plan, special use permit, zoning change or other project, the Supervisor shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Supervisor shall furnish copies of such vouchers to the applicant or developer immediately after such vouchers are submitted to the Town.
D. 
The Supervisor, on behalf of the Town, and subject to audit and review by the Town Board, shall review and audit all such vouchers and shall approve payment of only such legal, engineering and/or other professional consulting fees, expenses and costs as are reasonable in amount and necessary incurred by the Town in connection with the review, consideration and approval of developments, the establishment or extension of districts, the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments and/or districts, and the review, consideration and approval of applications for variances, site plans, special use permits, permits, licenses, zoning changes and other projects. For purposes 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 or other professional consultant to the Town for services performed in connection with approval or construction of a similar development, district 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, district or project, the topography of the land on which such development, district or project 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 the Town 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 highways, drainage facilities, utilities and parks 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 variance, site plan, special use permit, zoning change or other project.
E. 
If at any time during or after the processing of such application or the construction, inspection or acceptance of developments, districts, buildings, highways, drainage facilities, utilities or parks or during or after the processing of an application for a variance, site plan, special use permit, license, permit, zoning change or other project 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 Supervisor that such monies will be insufficient to meet vouchers yet to be submitted, the Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems reasonably necessary or advisable in order to meet such fees, expenses and costs or anticipated fees, expenses and costs.
F. 
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Supervisor shall notify the Town Board and, as applicable, the Chair of the Planning Board, the Chair of the Zoning Board of Appeals and the Town 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. 
After final approval, acceptance and/or issuance of a certificate of occupancy relating to any specific development, district or any requested variance, site plan, license, permit, special use permit, zoning change or other project and after payment of all approved vouchers submitted regarding development, district or application, 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.
A. 
The amount of the initial deposit for the various projects covered by this chapter shall be determined by the specific board(s) addressing the project(s). If, however, the Town Board is one of the board(s) addressing the project(s), the deposit amount shall be determined by the Town Board.
B. 
The specific board(s) addressing the project(s) shall have the authority to waive any of the requirements of this chapter. If, however, the Town Board is one of the board(s) addressing the project(s), the authority to waive any of the requirements of this chapter shall be reserved to the Town Board.
Notwithstanding anything to the contrary contained in this chapter, 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 it is determined the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer. For the purposes of this section, the specific board(s) addressing the project(s) shall be the one to make this determination. If the Town Board is one of the board(s) addressing the project(s), the determination shall be made by 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, district, drainage facility, highway, utility, park or to an application for a variance, site plan, special use permit, zoning change or other project 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 Town, the boards or its general administration expenses.