The following procedures shall apply unless otherwise modified
elsewhere in this Code:
A. Initiation of application. A property owner and his or her duly authorized
agent or other persons having a contractual interest shall make an
application required under this chapter for the subject property.
B. Compliance required. No application for a land use permit, site plan,
special use permit, subdivision, interpretation of any law, rule,
ordinance or regulation, zone change, map amendment or variance shall
be accepted where there are existing violations or delinquent real
estate, school, Town or county taxes assessed against the subject
property and/or fees imposed by local law, except where such application
is intended to cure the violations. Additionally, proof that all local,
state and federal regulations and permits have been complied with
or obtained shall be submitted as part of the application.
C. Simultaneous processing. Whenever two or more forms of review and
approval are required under this chapter, applications for those development
approvals may be processed simultaneously where not otherwise prohibited
by law.
D. Application forms and application filing fees. Applications required
under this article shall be submitted in a form and in such numbers
as required by the CEO. Applications shall be accompanied by the fee
amount that shall be established by the Town Board and elsewhere under
the Code. The reviewing board shall have the authority to waive application
requirements, except fees, that are not applicable to a specific project.
Applications shall not be processed by the reviewing board where sufficient
filing fees have not been remitted.
E. Application completeness. An application shall be considered received
when it is accepted in the required form, includes all mandatory information,
including all exhibits, and is accompanied by the applicable fee and
is determined to be complete for purposes of processing by the CEO.
Such determination shall be made within 10 days following submission
of an application, but failure to make such determinations within
the 10 days does not relieve the applicant of the requirement to submit
a completed application. If an application is determined to be incomplete,
the CEO will provide written notice to the applicant, along with an
explanation of the application's deficiencies. No further processing
of the application shall occur and no public hearings shall be scheduled
until the deficiencies are corrected. If the deficiencies are not
corrected by the applicant within 30 days, the application shall be
considered withdrawn and the application will be returned to the applicant.
F. Referral to Madison County Planning Department. Applications subject
to General Municipal Law § 239 shall be referred to the
Planning Department at Madison County in accordance with the provisions
of General Municipal Law § 239 unless otherwise so determined
by law or agreement.
G. Notification for public hearings.
(1)
Public hearings shall be required for the following:
(a)
Zoning Map or zoning text amendments, by the Town Board.
(b)
Site plan review, by the Planning Board specifically where required
under such law.
(c)
Special permit uses, by the Zoning Board of Appeals.
(d)
Variances, by the Zoning Board of Appeals.
(e)
Interpretations, by the Zoning Board of Appeals.
(f)
Subdivisions, by the Planning Board pursuant to law.
(2)
Setting hearing. For all matters properly brought before the
Planning Board or Zoning Board of Appeals for which a public hearing
is required by this chapter, the body charged with conducting the
hearing shall, upon receipt of a completed application, select a reasonable
time and place for such hearing.
(3)
Mailed and other notices.
(a)
All owners of property located both within 500 feet of the subject
property, as measured between nearest property lines, shall be given
notice of the public hearing. At least 15 days in advance of the public
hearing, the applicant shall be required to provide such notices to
the Secretary of the reviewing board in stamped, sealed envelopes
addressed to the required property owners along with a copy of such
notice for the official Town file. Such notices shall be mailed by
the Secretary of the reviewing board at least 10 days in advance of
the public hearing date by regular United States mail.
(b)
The cost of such notice or notices shall be borne by the appellant
or applicant, as the case may be.
(c)
Notwithstanding the specific notification rules contained in
this section, each board may, in its own discretion, and as the case
warrants, provide greater notice in the interest of fuller public
participation.
(d)
The applicant shall prominently display at the subject property
the official notice on a form provided by the Codes Enforcement Officer
for a period of no less than five days prior to said hearing. Such
notice shall be easily visible from the street at all times.
(e)
Failure to provide such notice shall not be deemed a jurisdictional
default to processes listed herein, and in no event shall such failure
be a basis or grounds for overturning a decision of the reviewing
board.
(4)
Published notice. Where published notice is required, it shall
be placed in an official paper or a newspaper of general circulation
in the Town at least once, not less than five days before the date
of the hearing.
H. Filing of approvals.
(1)
The Town of Cazenovia Town Clerk or Secretary to the Planning
Board and Zoning Board of Appeals shall file all applicable restrictions
and other conditions (either in the form of minutes or a resolution)
as approved by the Planning Board, Town Board or Zoning Board of Appeals
as required by the Town Code with appropriate officers and agencies.
(2)
All covenants, deed restrictions, easements and similar restrictions
to be recorded in connection with the approval shall provide that
they may not be modified, removed or released without the express
consent of the Town Board and shall provide that they may be enforced
by the Town of Cazenovia.
(3)
All filing fees and expenses are the responsibility of the applicant.
I. Saving clause. Except as otherwise required by statute, failure to
comply with any of the notice requirements as set forth in this section
shall not invalidate any action taken by any board.
J. Certificates of occupancy or compliance.
(1)
No structure hereafter erected shall be used and no land shall
be used or changed in use until a certificate of occupancy or compliance
therefor has been issued by the CEO.
(2)
No structure hereafter altered shall continue to be used for
more than 30 days after the alteration is completed unless a certificate
of occupancy or compliance shall have been issued by the CEO.
(3)
Except upon a written order of the Board of Appeals, no certificate
of occupancy or compliance shall be issued for any structure or use
that would be in violation of any of the provisions of this chapter.
(4)
Applications for certificates of occupancy or compliance shall
be made upon such forms and shall be accompanied by such layout or
plot plans as shall be prescribed by the CEO to facilitate enforcement
of this chapter in conjunction with the New York State Building Code,
as amended.
K. Dismissal of application. In addition to other decision options available,
the Planning Board, Zoning Board of Appeals or Town Board ("Board")
may dismiss any application pending before it, if the Board, in its
discretion, reasonably exercised, determines that the application
has not been or is not being actively pursued and moved forward by
the applicant. Any such dismissal may be without prejudice, as may
be determined by the Board.