A.
Authorization. The Town Board, on its own motion,
on petition, or on recommendation of the Planning Board, may by amendment
supplement, repeal, or change the regulations and provisions of this
code.
B.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district, as designated
on the Zoning Map shall be filed with the Town Clerk on forms provided
by a Code Enforcement Officer, including such fees set by the Town
Board, and transmitted to the Town Board. Petitioner shall submit
to the Planning Board and Town Board a site plan showing the extent,
location and character of proposed structures and uses, and a completed
environmental assessment form. The Planning Board or Town Board may
require that the site plan be modified to meet municipal or public
concerns. No building permit or zoning permit shall be issued for
any property within the area described by said amendment, except in
accordance with the approved site plan including any conditions and
limitations recommended by the Planning Board and/or imposed by the
Town Board.
C.
Review by Planning Board. Any proposed change shall
be submitted to the Planning Board for report and recommendation prior
to the Town Board public hearing provided for below. If the Planning
Board fails to submit its recommendation report within 60 days, it
shall be deemed to have approved the proposed amendment or change.
The Planning Board may hold its own public hearing prior to making
its recommendation.
D.
Notice of public hearing. The Town Board shall hold
a public hearing for all proposed amendments. The public hearing shall
be advertised at least once in the official newspaper of the Town
of Grand Island at least 10 days before the hearing. The notice shall
state the general nature of the proposed amendment in such reasonable
detail as will give adequate notice of the subject of the hearing,
and shall name the place or places where copies of the proposed amendment
may be examined. At the public hearing, full opportunities to be heard
shall be given to any citizen and all parties in interest.
E.
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any state park
shall be given to the regional State Park Commission having jurisdiction
over such facilities at least 10 days prior to the date of such public
hearing.
F.
The Town Board shall hold the public hearing on the
rezoning application within 62 days of the Planning Board's recommendation.
Approval of the rezoning shall be noted on the Zoning Map of the Town
of Grand Island.
G.
Adoption over protest. The favorable vote of at least
3/4 of the members of the Town Board shall be required before the
passage of an amendment which is protested by the owners of 20% or
more of the area of:
[Amended 5-15-2023 by L.L. No. 2-2023]
A.
The Town Board shall have authority to establish and amend, by resolution,
fees and charges to defray the costs of administering this code and
reviewing applications. Such fees shall be set forth on the Town Fee
Schedule, which may be amended from time to time by resolution. The
Town Fee Schedule shall be available on the Town's website.
B.
Escrow account.
(1)
In addition to the payment of fees required pursuant to Subsection A, the following zoning applications shall require the establishment of an escrow account, pursuant to an agreement between the Town and the applicant for the payment of engineering, consultant, and legal, expenses incurred by the Town for the review of the Project:
(c)
Residential subdivision applications for 10 or more lots.
(d)
Commercial development projects of greater than 10,000 square
feet in floor area.
(e)
Residential developments including 25 or more units.
(f)
Mixed use development projects combining commercial and residential
development that include 15,000 square feet in total floor area combining
both the residential and commercial uses.
(g)
Any project capable of producing 150% or more of the electricity
consumed on site.
(2)
The escrow account may be established by the Town as a separate bank account, or as a line item in an existing Town account, provided the funds are accounted for separately. The total amount to be deposited into the escrow account shall be capped as set forth in Subsection C. A zoning application shall not be complete until the required escrow account has been established pursuant to this Subsection B. Any funds remaining in the escrow account after completion of the review and payment of all invoices shall be returned to the applicant.
C.
Escrow account amount cap. The total amount of deposits to an escrow account established pursuant to Subsection B shall not exceed:
(1)
For residential projects: 3% of the project value, which is
calculated as the total construction cost (not including the cost
of buildings and structures), plus the greater of the purchase price
of the land or the fair market value of the land, as calculated by
the applicant, subject to the Town's review, confirmation, and
final approval.
(2)
For commercial development projects: 1% of the project value,
which is calculated as the total construction cost, plus the greater
of the purchase price of the land or the fair market value of the
land, as calculated by the applicant, subject to the Town's review,
confirmation, and final approval.
Where any approval or amendment granted under
this code includes a restriction on the use of land, the approving
Board may require the applicant record at its cost, in a form approved
by the attorneys for the Town, a restrictive covenant stating said
terms or conditions.
Public hearings required by this Zoning Code
shall be conducted by the hearing body as designated. At the hearing,
interested persons shall be permitted to submit information and comments
either verbally or in writing. Whenever multiple applications are
submitted for a project, such as site plans and special use permits,
the hearing body may hold one hearing on the multiple applications.
The hearing body shall control the conduct of such hearing and may
establish reasonable rules and regulations including but not limited
to rules and regulations governing the presentation of information
and comments, the limitation of redundant or irrelevant materials
and testimony, the order and length of statements or testimony, and
time limitations. The hearing may be continued from time to time as
directed by the hearing body.
For any projects, including but not limited
to subdivisions, zoning amendments, planned developments, site plans
or special use permits, which project is approved with conditions
attached, the approving Board may require the applicant to provide
a performance bond or other security in a form acceptable to the Town,
to guarantee completion of the work.
A.
The Town Board, for all actions in which it shall
have any approval authority, shall act as lead agency for all reviews
under the State Environmental Quality Review Act (SEQRA),[1] unless a non-Town agency is designated as the lead agency.
If the Town Board has no approving authority on an action, the approving
Board shall act as lead agency.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
B.
Escrow account. For any project reviewed pursuant
to SEQRA for which the lead agency can be reimbursed for its review
costs, the Town may require the advance deposit of the estimated cost
of such review fees into an escrow account. Any funds not expended
on the review or interest earned on the account shall be returned
to the applicant at the completion of the review.
