[Adopted 7-10-2000 by L.L. No. 3-2000]
As used in this article, the following terms shall have the meaning
indicated:
APPLICANT
Any person, firm, partnership, association, corporation, company
or organization of any kind who or which requests the Town or its Planning
Board or Town Board to approve a development.
DEVELOPER
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 and to convey or dedicate same to the Town.
DEVELOPMENT
Shall mean and include subdivision or a planned development district.
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 said
facilities may be constructed or installed in or in connection with a development.
HIGHWAY
Includes a street, avenue, road, square, place, alley, lane, boulevard,
concourse, parkway, driveway, overpass and underpass and also includes all
items appurtenant thereto, including but not limited to bridges, culverts,
ditches, shoulders and sidewalks in or in connection 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
PLANNED DEVELOPMENT DISTRICT
A planned residential district, planned residential community district, planned mobile home development district or planned economic development district established under Chapter
125, Zoning, of the Town Code, including any site plan review pursuant to the Town (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act or Town of Brutus Local Law No. 2 of 1987 and its amendments.
SUBDIVISION
A subdivision of land pursuant to Town of Brutus Chapter
108 of the Town Code (Local Law No. 2 of 1985, as amended), and the subdivision regulations of the Town, §
108-7, its amendment Local Law No. 2 of 1992 and its amendments, including any site plan review pursuant to Chapter
125, the Zoning Law of the Town (Local Law No. 2-1987, or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable television
facilities and any easements through or over which said facilities may be
constructed or installed in or in connection with a development.
The amount of the initial deposit for the various developments covered
by this article shall be as set forth in a schedule of deposits established
from time to time, by resolution of the Town Board. Said schedule shall remain
in effect and shall apply to all applicants and developers until amended or
revised by subsequent resolution.
The deposits required by this article shall be in addition to any application
fees as may be required by other laws, rules, regulations or ordinances of
the Town, and shall not be used to offset the Town's general expenses
of legal and engineering services for the several Boards of the Town, nor
its general administration expenses.
If any clause, sentence, paragraph, subdivision, section or part of
this article shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section or part thereof directly involved in the controversy
in which such judgment is rendered.
This article take effect immediately upon filing in the office of the
Secretary of State.