Town of DeWitt, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of DeWitt 5-24-1999 by L.L. No. 4-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 94.
Subdivision of land — See Ch. 164.
Zoning — See Ch. 192.
[1]
Editor's Note: This local law was adopted as Ch. 193 but was renumbered to retain the alphabetical sequence of the Code.
A. 
The Town Board hereby finds and determines that in order to protect and safeguard the Town of DeWitt, its residents and their property with respect to certain land developments within the town, all buildings and related improvements, highways, drainage facilities, utilities and parks within such developments should be designed and constructed in a competent and worklike 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. In order to assure the foregoing 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 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. The cost of retaining such competent engineers, attorneys and other professional consultants should ultimately be paid by those who seek to profit from such developments rather than from general town funds which are raised by assessments and/or general taxes paid by taxpayers of the town.
B. 
This chapter is enacted under the authority of Municipal Home Rule Law § 10, Subdivisions 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 Town Zoning Board of Appeals to require the 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, controlled site uses and specific permit uses under the Code of the Town of DeWitt, Chapter 192, Zoning, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, to the extent that such statutes authorize the deferral or withholding of such 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 approvals.
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 or its Planning Board, Zoning Board of Appeals or Town Board to approve a development and/or to grant an application for a variance, a controlled site use or a specific permit use.
CODE
The Code of the Town of DeWitt.
COMMISSIONER
The Commissioner of Operations and Development of the Town of DeWitt.
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.
C. 
Requests the town to approve an application for a variance, a controlled site use or a specific permit use.
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.
PLANNING BOARD
The Planning Board of the Town of DeWitt.
SUBDIVISION
A subdivision of land as defined in § 164-5 of Chapter 164 of the Code and the land subdivision regulations of the town.
TOWN
The Town of DeWitt.
TOWN BOARD
The Town Board of the Town of DeWitt.
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.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of DeWitt.
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 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. 
Districts.
(1) 
An applicant for approval, amendment or extension of a district in the town, outside the Village of East Syracuse, 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 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. 
Variances, controlled site uses and specific permit uses. An applicant or developer making application for the issuance of a permit for a controlled site use or a specific permit use 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. 
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 or prior to the filing of an application for approval of a variance, a controlled site use or a specific permit use, the applicant or developer, as the case may be, shall deposit with the Town's Commissioner of Operations and Development a sum of money, as determined in accordance with the schedule of deposits fixed by the Town Board pursuant to § 74-5 of 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 § 74-3 of this chapter.
B. 
Upon receipt of such sums, the Commissioner 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 development for which such sums were deposited.
C. 
Upon receipt and approval by the Commissioner 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 to the application for a variance, controlled site use or a specific permit use, the Commissioner shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Commissioner shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the town.
D. 
The Commissioner 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, controlled site uses and specific permit uses. For purposes of the foregoing, a fee, expense or cost or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by attorneys, engineers or other professional consultants to the town for services performed in connection with the approval or construction of a similar development or the consideration, review and approval of a similar variance, controlled site use or specific permit use, and in this regard the Commissioner 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 the Commissioner 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 Commissioner may deem relevant or to assure the proper and timely review and consideration of an application for a variance, controlled site use or a specific permit use.
E. 
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, controlled site use or specific permit use 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 Commissioner that such monies will be insufficient to meet vouchers yet to be submitted, the Commissioner shall cause the applicant or developer to deposit additional sums as the Commissioner 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 Commissioner shall notify, as applicable, the Chair of the Planning Board, the Chair of the Zoning Appeals Board, the Town Board and/or the Town Supervisor 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 the issuance of a certificate of occupancy relating to any specific development, or any requested variance, controlled site use or specific permit use, 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 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, controlled site use or a specific permit use and shall not be used to defray either the town's general expenses for legal, engineering or professional consulting fees 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.
Section 94-13 of Chapter 94 of the Code is hereby repealed.
This chapter shall take effect immediately upon filing in the office of the Secretary of State.