[HISTORY: Adopted by the Town Board of the Town of Marcellus
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2009 by L.L.
No. 1-2009]
A.
The Town Board hereby finds and determines that in order to protect
and safeguard the Town of Marcellus, 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 workmanlike 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 article 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 considerations,
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 article, 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 Marcellus
Planning Board, Zoning Board of Appeals or Town Board to approve a
subdivision of land onto three or more parcels or the combination
of three or more parcels into a lesser amount 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;
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 Marcellus.
A subdivision of land as defined in Chapter 205, Subdivision of Land.
Supervisor of the Town of Marcellus.
The Town of Marcellus.
The Town Board of the Town of Marcellus.
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 Marcellus.
A.
Subdivisions.
(1)
An applicant for approval of a subdivision of land into three or
more parcels or the combination of three or more parcels into a lesser
amount 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.
Variance, 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 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 this article.
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 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, 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 application or
developer shall be returned to such application 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 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 Onondaga, 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An applicant may appeal, in writing, to the Town Board for a
reduction in the required reimbursement amount. An appeal must be
filed with the Town Board no later than 15 days after mailing or other
delivery to the applicant of the contested voucher. Upon such appeal,
the Town Board, in its discretion, may determine that an applicant
is not required to reimburse the Town for that part of an engineering,
legal or planning fee incurred by the Town for services performed
in connection with an application matter for which the Town Board
determines the applicant bears no responsibility and which was beyond
the reasonable control of the applicant. The Town Board's determination
shall be in writing and shall be made no later than 45 days after
receipt of the applicant's appeal.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The fees required in accordance with this article may be waived
by the Town Board, at its sole discretion, with respect to applications
made by educational, religious, fraternal, service organizations and
all other not-for-profit entities.
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 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.
