Permits and/or approvals required. This chapter
sets forth rules and regulations for the review and approval of various
activities by Town department staff and appointed boards to which
such authority is herein delegated by the Town Board. No use may be
established and no development may be commenced within the Town of
Colonie without applicable permits and/or approvals issued by the
appropriate department or board, as required herein.
The following permits and approvals require
review and issuance of approval by the specified Town department in
accordance with the regulations set forth in this chapter.
A. Minor site plan approval: application to and decision
by the PEDD.
B. Minor subdivision approval: application to and decision
by the PEDD.
C. Grading permit: application to and decision by the
Department of Public Works, Bureau of Engineering.
[Amended 6-28-2007 by L.L. No. 10-2007]
D. Watercourse activity permit: application to and decision
by the PEDD.
E. Special flood hazard and floodplain management permit:
application to and decision by the PEDD.
F. Junkyard permit: application to and decision by the
Building Department, following initial major site plan review by the
Planning Board.
G. Sign permit: application to and decision by the Building
Department.
H. Billboard permit: application to and decision by the
Building Department, following initial major site plan review by the
Planning Board.
The following approvals require review and issuance
of approval by the specified board in accordance with the regulations
set forth in this chapter.
A. Major site plan: application to and decision by the
Planning Board.
B. Major subdivision: application to and decision by
the Planning Board.
C. Mobile home park: application to and decision by the
Planning Board.
D. Special use permit: application to and decision by
the Zoning Board of Appeals.
[Amended 5-1-2014 by L.L. No. 8-2014]
E. Area variance: application to and decision by the
Zoning Board of Appeals.
F. Use variance: application to and decision by the Zoning
Board of Appeals.
G. Floodplain variance: application to and decision by
the Floodplains Management Appeal Board.
H. Watercourse area variance: application to and decision
by the Significant Environmental Areas Management Appeals Board.
I. Special exception (sign): application to and decision
by the Sign Review Board.
J. Planning
special permit: application to and decision by the Planning Board.
[Added 5-1-2014 by L.L. No. 8-2014]
K. Wireless
telecommunications special use permits: application to and decision
by the Zoning Board of Appeals.
[Added 5-1-2014 by L.L. No. 8-2014]
An appeal is a challenge to an interpretation
or application of law as applied by the governing department or board.
Appeals are distinguished from variances in that a variance request
seeks a modification of the applicable provisions of law, in accordance
with the procedures and standards set forth herein, where no error
of interpretation or application is alleged.
A. Any aggrieved party or any officer, department, board
or bureau of the Town has the right to appeal any order, requirement,
decision, interpretation or determination of officials charged with
the enforcement of this chapter to the Zoning Board of Appeals, unless
specifically stated below.
(1) Decisions made by the PEDD relative to special flood
hazard and floodplain management are appealed to the Floodplains Management
Appeals Board.
(2) Decisions made by the PEDD relative to watercourse
activity are appealed to the Significant Environmental Areas Management
Appeals Board.
(3) Decisions made by PEDD relative to minor site plan,
minor subdivision and grading are appealed to the Planning Board.
(4) Decisions made by the Building Department relative
to signs are appealed to the Sign Review Board.
(5) No decision made by the Planning Board, Floodplains
Management Appeals Board, Significant Environmental Areas Management
Appeals Board or Sign Review Board shall be subject to review by the
Zoning Board of Appeals.
B. All boards of appeal, including the Planning Board
acting in its appellate capacity, may reverse or affirm, wholly or
partly, or modify the order, requirement, decision, interpretation
or determination being appealed and shall make such order, requirement,
decision, interpretation or determination as, in its judgment, ought
to have been made in the matter by the administrative official charged
with the enforcement of this chapter, and to that end shall assume
all the powers of the administrative official from whose order, requirement,
decision or determination the appeal is taken or provide relief from
this chapter as such board deems appropriate.
C. Those aggrieved by the decision of any of the boards
of appeal may appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules. Such proceeding shall
be instituted within the time limit as prescribed by the Civil Practice
Law and Rules.
[Amended 6-12-2008 by L.L. No. 5-2008]
A. Any board or department charged with rendering opinions,
permit decisions or approvals may engage the services of professional
consultants. Should the department or board deem it necessary to hire
consultants for technical review, the applicant shall be required
to bear the expense. The total cost of such reviews shall not exceed
the total cost to the Town. In addition, if deemed necessary by the
reviewing department or board, the applicant shall be required to
bear the costs of on-site inspection by technical consultants employed
by the Town.
B. Payment for the services of such consultants and/or
engineers is to be made from funds deposited by the applicant with
the Town in escrow accounts for such purpose.
C. It shall be the responsibility of the applicant to
submit to the Town, prior to the commencement of any work associated
with said application before the Board or at such other time as directed
by the Town, certified check(s) in amounts equal to the estimate of
the expert consultant and/or engineer for the cost of services to
be rendered to the Town. This sum shall be released by the Town to
said consultant or engineer in payment for the services rendered to
it upon acceptance by the Town of said services.
D. In the event that an application required Town Board action for review or implementation, including consideration of zoning issues, variances, contracts, bonding, financing or other associated actions required by virtue of an application under local zoning ordinances, the experts retained by the Planning Board and/or the Zoning Board of Appeals on behalf of the Town as outlined in Subsections
A through
C above shall provide to the Town Board such services as may be required by it also in connection with its review of the application and associated actions; the cost of said experts to be provided for as set forth under this section. The purpose of this provision is to avoid duplication of services and provide for coordinated review of said application.
The Town shall comply with the provisions of
the New York State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations
as codified in Title Six, Part 617 of the New York Codes, Rules and
Regulations. Upon receipt of any complete application, the Town or
any officer, department, board or bureau of the Town shall initiate
the New York State Environmental Quality Review process.