Town of Geneva, NY Administrative Relief

Appeals of any actions, omissions, decisions or rulings of the authority having jurisdiction shall be made to the Clerk of the local governing body and must be instituted within 30 days of the act, omission, decision or ruling from which relief is sought.

Within 30 days of receipt of a written appeal of an action, omission, decision or ruling of the authority having jurisdiction, the local governing body, convening as the Local Board of Health, shall give notice of a public hearing to be held on the appeal.

Within 30 days of final adjournment of a public hearing, the local governing body shall affirm, modify or deny the action, decision or ruling of the authority having jurisdiction or correct any omission, approve, approve with conditions or disapprove the appeal.

The decision of the local governing body shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the local governing body. The local governing body's discretion in considering an appeal under this chapter shall not extend to granting variances from this chapter but shall rather be limited to reviewing the authority having jurisdiction's interpretation or applications of the terms hereof. Variances from the substantive requirements (e.g., septic tank sizes, setback distances, etc.) remain under the jurisdiction of the NYSDOH and the NYSDEC.