The Town Board hereby finds and determines that
in order to protect and safeguard the Town of Wilson, its residents
and their property, with respect to land development within the Town,
all buildings, structures, highways, drainage facilities, sanitary
sewer facilities, water supply utilities, other utilities and parks
within any such development should be designed and constructed in
a competent and workmanlike manner and in conformity with all applicable
governmental codes, rules and regulations and, where applicable, dedicated
and conveyed to the Town in a legally sufficient manner, that in order
to assure the foregoing, it is essential for the Town to have competent
engineers retained by the Town to review and approve plans and designs,
make recommendations to the Town Board and Planning Board, inspect
the construction of highways, drainage, sewer, other facilities and
parks to be dedicated to the Town and to recommend their acceptance
by the Town, and to have competent attorneys retained by the Town
to negotiate and draft appropriate agreements with developers, obtain,
review and approve necessary security instruments, insurance and other
legal documents, review proposed deeds and easements to assure the
Town is obtaining good and proper title and to generally represent
the Town with respect to any issues involving such development, and
that the cost of retaining such competent engineers and attorneys
should ultimately be paid by those who seek to profit from such developments
rather than from general Town funds which are raised by assessments
generally paid by taxpayers of the Town. This article is enacted under
the authority of New York State Municipal Home Rule Law § 10,
Subdivision 1, Paragraphs (ii)a(12) and d(3), and New York Sate Municipal
Home Rule Law § 22. To the extent Town Law §§ 274-a,
276 and 277 do not authorize the Town Board or Town Planning Board
to require the reimbursement to the Town of legal and engineering
expenses incurred by the Town in connection with the review and consideration
of any of the applications for the permits or approvals described
hereinafter, it is the expressed intent of the Town Board to change
and supersede such statutes. More particularly, such statutes do not
authorize the deferral or withholding of such approvals in the event
such expenses 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 and any other provision of the New York State Town Law
or General Municipal Law to empower the Town to require such payment
as a condition to such approvals.
As used in this article, the following terms
shall have the meaning indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind that
applies for a permit or approval for any of the following:
A.
Acceptance by the Town Board for the dedication
of sidewalks, highways, public rights-of-way, drainage facilities,
parks or utilities.
B.
Planning Board approval of site plans, special use permits or special permits pursuant to §
127-52 of the Town Code, and any other similar provisions.
C.
Zoning Board of Appeals approval of variances under §§
127-46 and
127-47 of the Town Code, and any other similar provisions.
D.
Rezoning of real property in the Town by the
Town Board.
E.
The establishment of any improvement district
in the Town, pursuant to Articles 12, 12A or 12C of the New York State
Town Law.
F.
A certificate of occupancy from the Code Enforcement
Officer in connection with a development within the Town.
APPLICATION
The formal request by an applicant or developer, as those
terms are defined herein, for any permit or approval by the Town Board,
Planning Board, Zoning Board of Appeals or Code Enforcement Officer
for the items set forth hereinabove in Subsections A through F of
the definition of "applicant" in this section, along with the preparation
of any and all plans and submittals submitted in connection therewith,
including, but not limited to, any required review under the New York
State Environmental Quality Review Act (SEQRA).
DEVELOPER
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind,
whether or not an applicant as defined hereinabove, that 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
Includes a subdivision, site plan, special use permit, special
permit or variance for which approval is required under § 127
of the Town Code and any construction of buildings, structures, drainage
facilities, highways, parks, or utilities to be undertaken in connection
with any of the foregoing.
DRAINAGE FACILITY
All surface water drainage facilities, including but not
limited to catch basins, detention and retention ponds or 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, or
other form of public right-of-way, 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.
TOWN
The Town of Wilson, the Town Planning Board, Zoning Board
of Appeals, Code Enforcement Officer or Town Board.
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 only
be used to offset the specific expenses of the Town in connection
with the application or development 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.