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.
SUBDIVISION
A subdivision of land as defined in §
164-5 of Chapter
164 of the Code and the land subdivision regulations of the town.
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.
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.