Town of Sullivan, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Sullivan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 235.
Zoning — See Ch. 275.
[Adopted 12-7-2011 by L.L. No. 3-2011]
A. 
The people of the State of New York have in the New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and the general welfare of its citizenry. More particularly, Municipal Home Rule Law of the State of New York at § 10 grants to local governments the power to adopt and amend local laws.
B. 
To the extent that Town Law §§ 274-a, 274-b, 276, 277 and 278 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 special district and for the review and consideration of applications for zone changes, variances, site plans and special use permits under Chapter 275, Zoning, of the Code of the Town of Sullivan, 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, 274-b, 277 and 278 to empower the Town to require such payment as a condition to such consideration, review, acceptance and/or approvals.
A. 
The Town Board finds and determines that in order to protect and safeguard the Town of Sullivan, its residents and their property with respect to certain land developments and projects within the Town, all buildings and improvements, subdivision improvements, special district improvements, highways, drainage facilities, utilities and parks to be dedicated to the Town, compliance with MS4 regulations and all other rules, regulations, statutes and laws applicable thereto within developments and projects should be designed and constructed in a competent and worker-like 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.
B. 
To assure the forgoing 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 buildings and improvements, subdivision improvements, special district improvements, highways, drainage facilities, utilities and parks to be dedicated to the Town, compliance with MS4 regulations and all other rules, regulations, statutes and laws applicable thereto (collectively referred to herein as the "regulated and inspected improvements of the development and/or project") 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 developments and projects.
C. 
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 zone changes, variances, site plan approvals, special use permits, rather than by the public funds of the Town of Sullivan which are raised by assessments and/or general taxes paid by taxpayers of the Town.
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 Planning Board, Zoning Board of Appeals or Town Board to create a special district, approve a subdivision and/or to consider an application for a zone change, variance, a site plan approval and/or a special use permit.
COMPTROLLER
Comptroller of the Town of Sullivan.
DEVELOPER
Any person, firm, partnership, association, corporation, company or organization of any kind who or which:
A. 
Constructs or proposes to construct one or more regulated and inspected improvements of the development and/or project; or
B. 
Requests the Town to create a special district; or
C. 
Requests the Town to approve an application for a zone change, subdivision, variance, site plan and/or a special use permit.
DEVELOPMENT and/or PROJECT
A development and project, by whatever name designated, consists of what the developer intends to construct and the outcome of what the developer intends to achieve, and includes, but is not limited to, a subdivision or a special district or an activity for which a zone change, subdivision, variance, site plan and/or a special use permit is required.
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 such facilities may be constructed or installed within or in conjunction with a development and/or project.
HIGHWAY
Highway 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 and/or project.
PARK
An area of land located within a development and/or project which is open to the public and devoted to active or passive recreation.
PLANNING BOARD
The Planning Board of the Town of Sullivan.
SPECIAL DISTRICT
Any special district defined by the Town Law of the State of New York.
SUBDIVISION
A subdivision of land as defined in Chapter 235, Subdivision of Land, of the Code of the Town of Sullivan.
SUPERVISOR
Supervisor of the Town of Sullivan.
TOWN
The Town of Sullivan.
TOWN BOARD
The Town Board of the Town of Sullivan.
UTILITIES
All water, sanitary sewer, gas, electric, telephone and cable television faculties and my easements though or over which said facilities may be constructed or installed within or in conjunction with a development and/or project.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Sullivan.
A. 
Subdivisions.
(1) 
An applicant seeking 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 identified in § 140-2 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 regulated and inspected improvements of the development and/or project 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 identified in § 140-2 incurred by the Town in connection with the inspection and acceptance process of the Town of regulated and inspected improvements of the development and/or project and the dedication of the same to the Town.
B. 
Special districts.
(1) 
An applicant for approval, amendment or extension or a special district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs identified in § 140-2 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 regulated and inspected improvements of the development and/or project within or in conjunction with a special district in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs identified in § 140-2 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 regulated and inspected improvements of the development and/or project and the dedication of the same to the Town.
C. 
Zone changes, variances, site plans and special use permits. An applicant and/or developer making application for the approval of site plan or a special use permit or seeking approval of an application for a zone change and/or variance shall reimburse the Town for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs identified in § 140-2 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 and/or project or the filing of an application for approval of a zone change, variance, a site plan approval or a special use permit, the applicant and/or developer, as the case may be, shall deposit with the Town Comptroller a sum of money, as determined in accordance with the schedule of deposits fixed by the Town Board pursuant to this article, 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 this article.
B. 
Upon receipt of such sums, the Comptroller shall cause such monies to be placed in a 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 and/or developer identifying the development and/or project for which such sums were deposited.
C. 
Upon receipt by the Comptroller and approval by the Town Board of itemized vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Town pertaining to the development and/or project and/or the application for a zone change, variance, site plan approval or special use permit, the Comptroller shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Comptroller shall furnish copies of such vouchers to the applicant or developer immediately after such vouchers are submitted to the Town.
D. 
The Comptroller, on behalf of the Town Board, shall review and audit all such vouchers and shall pay only such legal, engineering, and/or other professional consulting fees, expenses and costs as are approved by the Comptroller in accordance with the resolution of the Town Board determining such legal, engineering, and/or other professional consulting fees, expenses and costs as being reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of developments and/or projects, the inspection and acceptance of regulated and inspected improvements of the development and/or project within or in conjunction with such developments and/or projects, and the review, consideration and approval of applications for zone changes, variances, site plans and special use permits. For purposes of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the charge by engineers or attorneys to the Town for comparable services performed in connection with approval or construction of a similar development or 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 and/or project, the topography of the land on which such development and/or project is located, soil conditions surface water, drainage conditions, the nature and extent of regulated and inspected improvements of the development and/or project to be constructed and any special conditions or other considerations the Town Board 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 regulated and inspected improvements of the development and/or project 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 zone change, variance, site plan approval or a special use permit.
E. 
If at any time during or after the processing of such application or the construction, inspection or acceptance of regulated and inspected improvements of the development and/or project or during or after the processing of an application for a Zone change, variance, site plan approval, or special use 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 Comptroller that such monies will be insufficient to meet vouchers yet to be submitted, the Comptroller shall request the applicant or developer to deposit additional sums as the Comptroller 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 and/or developer fails to deposit such funds or such additional funds, the Comptroller shall notify the Town Board and, as applicable, the Chairman of the Planning Board, the Chairman of the Zoning Appeals Board, and the Town's Code 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 and/or project, or any requested zone change, variance, site plan approval or special use permit and after payment of all approved vouchers submitted regarding such development and/or project or application, any sums remaining on account to the credit of such applicant and/or developer shall be returned to such applicant and/or developer, along with a statement of the vouchers paid.
The amount of the initial deposit for the various developments and/or projects and/or applications covered by this article 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 article 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 Madison, the State of New York or of any other body having jurisdiction with respect to a regulated and inspected improvements of the development and/or project or to an application for a zone change, variance, site plan or a special use permit and shall be used to defray the Town's expenses for legal, engineering or other professional consulting fees for the purpose stated in § 140-2 of this article.