Town of Rush, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added 11-24-2001 by L.L. No. 2-2001]
A. 
The Town Board hereby finds and determines that in order to protect and safeguard the Town of Rush, its residents and their property, with respect to certain land developments within the Town, all buildings, highways, drainage facilities, sanitary sewer facilities, other utilities and parks within said development should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and dedicated and conveyed to the Town in a legally sufficient manner, that in order to assure the foregoing, it is essential for Town to have qualified and competent engineers retained by the Town 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, sewer, other facilities and parks to be dedicated to the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary securities, 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 legal disputes and issues with respect to developments, 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 paid by taxpayers of the Town.
B. 
This article is enacted under the authority of Subdivisions (a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22. To the extent §§ Sections 274-a, 276 and 277 of the Town Law do not authorize the Town Board, Town Planning Board and Zoning Board of Appeals to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of building and/or development applications, including but not limited to, applications for subdivision approval and for the approval, amendment or extension of planned districts under the Town's zoning ordinance, 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 §§ 274-a, 276 and 277 of the Town Law to empower the Town to require such payment as a condition of such approvals.
As used in this article, 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 Planning Board, Town Board or Zoning Board of Appeals 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 buildings, highways, drainage facilities, utilities or parks within or in conjunction with a development and whether or not the same is conveyed or dedicated to the Town.
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
The term "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 DISTRICT
A planned district established under Chapter 120, Zoning, of the Code of the Town of Rush, including any site plan review pursuant thereto or environmental review pursuant to the New York State Environmental Quality Review Act (Environmental Conservation Law § 8-0105 et seq.)
[1]
TOWN
The Town of Rush.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, cable television facilities and any easement through or over which said facilities may be constructed or installed in or in connection with a development.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Subdivisions and site plans.
(1) 
The applicant, for approval of a subdivision or site plan in the Town, shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the review and consideration of such projects.
(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 and engineering expenses 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 same to the Town.
B. 
Planned districts.
(1) 
An applicant for the approval, amendment or extension of a planned district in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses 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, highway, drainage facilities, utilities or parks within or in conjunction with a planned district in the Town shall reimburse the Town for all reasonable and necessary legal and engineering 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 same to the Town.
Notwithstanding anything to the contrary contained in this article, an applicant or developer shall not be required to reimburse the Town for any part of a legal or engineering fee incurred by the Town for services performed in connection with matters including, but not limited to, those resulting from complaints by third parties, as to which the Town Board determines the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.
A. 
Simultaneously with the filing of an application for approval of a development, filing an application seeking permit approval and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer shall sign an application form acknowledging that all engineering fees, filing fees or attorney fees incurred by the Town of Rush in its review and approval of the application are to be paid by the applicant or developer at the time of billing plus 10% for an administrative reimbursement.
B. 
The Town Board shall review and audit all such vouchers and shall approve payment of only such engineering and legal fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of development and the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments. For purpose 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 the approval or construction of a similar development and in this regard the Town Board 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 as the Town Board may deem relevant; and a fee or part thereof is necessarily incurred if it was charged by the engineer or attorney 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 runoff and other factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town including receipt by the Town of good and property title to dedicated highways and other facilities and the avoidance of claims and liability and such other interest as the Town Board may deem relevant.