[HISTORY: Adopted by the Town Board of the Town of Geddes 7-11-2000
by L.L. No. 3-2000. Amendments noted where applicable.]
A.Â
The Town Board hereby finds and determines that in order
to protect and safeguard the Town of Geddes, its residents and their property
with respect to certain land developments and projects within the town, all
buildings and related improvements, highways, drainage facilities, utilities
and parks within developments and projects should be designed and constructed
in a competent and worker-like manner and in conformity with all applicable
governmental codes, rules and regulations and should be dedicated and conveyed
to the town in a legally sufficient manner. To assure the forgoing, it is
essential for the town to have and to retain competent engineers and other
professional consultants to review and approve plans and designs, make recommendations
to the Town Board, Planning Board and Zoning Board of Appeals, inspect the
construction of highways, drainage facilities, utilities and parks to be dedicated
to the town and to recommend their acceptance by the town and for the town
to have and retain competent attorneys to assist in the application review
process, to negotiate and draft appropriate agreements with developers, to
obtain, review and approve necessary securities, insurance and other legal
documents, to review proposed deeds and easements to assure that the town
is obtaining good and proper title, to render legal opinions and to generally
represent the town with respect to any legal disputes and issues which may
arise regarding such developments and projects. The cost of retaining such
competent engineers, attorneys and other professional consultants should ultimately
be paid by those who seek to benefit from such developments and projects,
including variances, site plan approvals, special permits or uses rather than
by general town funds which are raised by assessments and/or general taxes
paid by taxpayers of the town.
B.Â
This chapter is enacted by local law under the authority
of Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and (d)(3),
and the Municipal Home Rule Law § 22. To the extent that Town Law
§§ 274-a, 276 and 277 do not authorize the Town Board, Town
Planning Board and/or the Town Zoning Board of Appeals to require reimbursement
to the town of legal, engineering and other professional consulting fees,
expenses and costs incurred by the town in connection with the review and
consideration of applications for subdivision approval, for the approval,
amendment or extension of a district and for the review and consideration
of applications for variances, site plans and special permits under the Code,
it is the expressed intent of the Town Board to change and supersede such
statutes. More particularly, to the extent that such statutes do not authorize
the deferral or withholding of such consideration, review, acceptance or approvals
in the event that such fees, expenses and costs 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 to empower the town to require such
payment as a condition to such consideration, review, acceptance or approvals.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, firm, partnership, association, corporation, company
or organization of any kind who or which requests the Geddes Planning Board,
Zoning Board of Appeals or Town Board to approve a subdivision
and/or to grant an application for a variance, a site plan or a special permit.
The Code of the Town of Geddes.
The Comptroller of the Town of Geddes.
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 a district, or requests the town
to approve an application for a subdivision, variance, site plan or special
permit.
Includes but is not limited to a subdivision or a district.
Any special district under the Town Law.
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.
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.
An area of land located within a development which is open to the
public and devoted to active or passive recreation.
The Planning Board of the Town of Geddes.
A subdivision of land as defined in the Code.
The Town of Geddes.
The Town Board of the Town of Geddes.
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 Zoning Board of Appeals of the Town of Geddes.
A.Â
Subdivisions.
(1)Â
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)Â
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 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 highways, drainage facilities, utilities
and parks and the dedication of the same to the town.
B.Â
Districts.
(1)Â
An applicant for approval, amendment or extension of
a district in the town, outside the Village of Solvay, 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)Â
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 and expenses 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.Â
Variances, site plans and special permits. An applicant
or developer making application for the approval of a site plan or a special
permit or seeking approval of an application for a variance 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.
A.Â
Simultaneously with the filing of an application for
approval of a development or the filing of an application for approval of
a variance, a site plan or a special permit, the applicant or developer, as
the case may be, shall deposit with the Town Comptroller 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.Â
Upon receipt of such sums, the Comptroller shall cause
such moneys 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 development for which such sums were deposited.
C.Â
Upon receipt and approval by the Comptroller of itemized
vouchers from an attorney, engineer and/or other professional consultant for
services rendered on behalf of the town pertaining to the development or the
application for a variance, site plan or special permit, the Comptroller shall
cause such vouchers to be paid out of the moneys so deposited and shall debit
the separate record of such account accordingly. The Comptroller shall furnish
copies of such vouchers to the applicant or developer immediately after such
vouchers are submitted to the town.
D.Â
The Comptroller, 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 necessarily
incurred by the town in connection with the review, consideration and approval
of developments, the inspection and acceptance of highways, drainage facilities,
utilities and parks within or in conjunction with such developments, and the
review, consideration and approval of applications for variances, site plans
and special permits. 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 or project, 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 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 or a special permit.
E.Â
If at any time during or after the processing of such
application or the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks or during or after the processing
of an application for a variance, site plan, or special permit 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 Comptroller that such moneys will be insufficient to meet vouchers yet
to be submitted, the Comptroller shall cause the applicant or developer to
deposit additional sums as the Comptroller deems reasonably necessary or advisable
in order to meet such fees, expenses and costs or anticipated fees, expenses
and costs.
F.Â
In the event that the applicant or developer fails to
deposit such funds or such additional funds, the Comptroller shall notify
the Town Board and, as applicable, the Chair of the Planning Board, the Chair
of the Zoning Appeals Board and the town's 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 moneys are deposited.
G.Â
After final approval, acceptance and/or the issuance
of a certificate of occupancy relating to any specific development, or any
requested variance, site plan or special permit, and after payment of all
approved vouchers submitted regarding such development 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.
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 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, site plan or a special
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.