[HISTORY: Adopted by the Town Board of the Town of Cazenovia 9-11-2006
by L.L. No. 3-2006. Amendments noted where applicable.]
A.
The Town Board hereby finds and determines that in order
to protect and safeguard the Town of Cazenovia, 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 workerlike manner and in conformity with all applicable
governmental laws, codes, rules and regulations and should be dedicated and
conveyed to the Town in a legally sufficient manner. 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 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, controlled site approvals, specific 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.
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, controlled site plans and specific 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 Cazenovia Planning Board,
Zoning Board of Appeals or Town Board to approve a subdivision and/or to grant
an application for a variance, a controlled site plan or a specific permit.
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, controlled site plan
or specific 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 Cazenovia.
A subdivision of land as defined in the Town of Cazenovia subdivision
regulations.
Supervisor of the Town of Cazenovia.
The Town of Cazenovia.
The Town Board of the Town of Cazenovia.
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 Cazenovia.
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 or
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 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 plans and specific permits.
An applicant or developer making application for the approval of a controlled
site plan or a specific 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.
Simultaneously with the filing of an application for
approval of a development or the filing of an application for approval of
a variance, a controlled site plan or a specific permit, the applicant or
developer, as the case may be, shall deposit with the Town Supervisor 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
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 development for which such 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 or the
application for a variance, controlled site plan or specific permit, 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 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 plans and specific permits. 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 to the Town for services performed
in connection with approval or construction of a similar development of 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 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, controlled site plan or a specific permit.
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 plan, or specific 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 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 Appeals Board, and the Town's Codes 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 the issuance
of a certificate of occupancy relating to any specific development, or any
requested variance, controlled site plan or specific 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 of Cazenovia, the County of Madison, 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 plan or a specific 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.
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.
