[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.Â
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.Â
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:
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.
The Code of the Town of DeWitt.
The Commissioner of Operations and Development of the Town of DeWitt.
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.
Requests the town to create a district.
Requests the town to approve an application for a variance, a controlled
site use or a specific permit use.
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 DeWitt.
The Town of DeWitt.
The Town Board of the Town of DeWitt.
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 DeWitt.
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 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)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, 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.Â
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.Â
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.Â
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.Â
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.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, 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.Â
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.Â
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.
This chapter shall take effect immediately upon filing in the office
of the Secretary of State.
