A.
This chapter shall be administered by the Building Inspector of the
Town of Hamlin, subject to the rules, regulations, resolutions and
ordinances of the Town Board.
B.
The Building Inspector shall be appointed and may be removed by the
Town Board and shall serve at the pleasure of the Town Board.
C.
It shall be the duty of said Building Inspector to secure the enforcement
of this chapter and to issue all permits or certificates required
by this chapter. The Building Inspector shall have charge of the building
inspection of the Town of Hamlin. He or she shall employ such inspectors
or other help as necessary, subject to the approval of the Town Board;
he or she shall attend meetings of the Town Board and of the Zoning
Board of Appeals and shall secure or cause to be secured all information
necessary for the proper consideration of any question relating to
the building work in the Town of Hamlin. The Building Inspector may
not inspect his or her own property or that of his or her family members,
nor shall he issue a building permit to himself or a family member.
No person, firm or corporation shall commence the construction, enlargement, alteration, improvement, conversion or change of any building or structure without first obtaining a building permit from the Building Inspector. The regulations regarding building permits are set forth in Chapter 220, Building Code Administration and Enforcement, of the Code of the Town of Hamlin.
[Amended 12-11-2006 by L.L. No. 11-2006]
No building or structure hereafter erected, structurally altered,
reconstructed, changed or moved in the Town of Hamlin shall be so
erected, altered, reconstructed, changed, moved or used except in
strict conformity with this chapter. Buildings or structures erected,
structurally altered, reconstructed, changed or moved prior to the
effective date of this chapter, as amended, may continue such nonconformity
until they are destroyed, structurally altered, reconstructed, changed
or moved, but no such buildings or structures shall thereafter be
structurally altered, reconstructed, changed or moved unless application
shall be made to the Zoning Board of Appeals and a permit shall be
issued by such Board, upon such terms and conditions as the Board
may impose, permitting such buildings or structures to be structurally
altered, reconstructed, changed or moved. In passing upon such application,
the Board shall have the power to consider the original intended use
of the building or structure; the adaptability of the particular building
or structure to the structural alterations, reconstruction or changes
contemplated; the conformity or lack of conformity of the proposed
building or structure to the provisions of this chapter; the appropriate
development of the particular lot or parcel of land; and such other
facts as, in the judgment of the Board, may be necessary and proper
in connection with such application. No land shall hereafter be used
for any purpose or use except as herein provided. Land or building
uses not specifically provided for herein are deemed to be and shall
be prohibited.
[Added 2-7-1996 by L.L. No. 2-1996]
Any person who fails to obtain a required variance and/or building
permit prior to undertaking a project will be charged a penalty fee
as set by the Town Board. The penalty fee will be added to the cost
of the permit or variance, payable when such permit or variance is
issued.
A.
Certificates.
(1)
Certificate of occupancy. It shall be unlawful to use or to permit
the use of any building or structure hereafter erected, materially
altered or located until a certificate of occupancy, to the effect
that the building, structure or premises so erected, materially altered
or located conforms to the provisions of this chapter, shall have
been endorsed by the Building Inspector. The Building Inspector shall
issue such a certificate of occupancy, provided that the applicant
therefor shows compliance with this chapter and the applicable laws
of the State of New York.
(2)
Certificate of conformity. It shall be unlawful to use or permit
the use of any building or structure hereafter erected, structurally
altered, reconstructed, moved or converted wholly or partly in its
use, or of any premises hereafter altered or converted wholly or partly
in its use, until a certificate of conformity, to the effect that
the building, structure or premises so erected, altered, reconstructed
or moved and the proposed use thereof conform to the provisions of
this chapter, shall have been issued by the Building Inspector.
B.
Fees. Fees shall be charged by the Building Inspector at the time
of the issuance of a certificate of conformity or occupancy in accordance
with the rates set by resolution of the Town Board from time to time.
If, on any inspection, the condition of a building, structure or premises or its use or occupancy is found not to conform to the requirements of this chapter or to the conditions of an existing certificate therefor, the Building Inspector shall at once issue written notice to the owner specifying the manner in which the building, structure or premises or its use or occupancy fails to conform. The owner shall thereupon at once take steps to make said building, structure or premises conform as directed by the Building Inspector. If it is necessary for the proper protection of the occupants, the Town Board shall order said building, structure or premises vacated while it is being changed to conform to the requirements of this chapter. When the required changes have been completed, a new certificate of conformity shall be issued as provided in § 520-62.
A.
Pursuant to the provisions of § 271 and 272 of the New
York State Town Law, there shall be within the Town of Hamlin a Planning
Board consisting of seven members appointed by the Town Board, with
each member serving a term of seven years. If a vacancy occurs on
the Planning Board as the result of an expiration of a member's term,
the Town Board shall fill the vacancy by appointment for a new seven-year
term. If a vacancy occurs on the Board for any other reason, the Town
Board shall fill the vacancy by appointment for the unexpired term.
B.
The Town Board shall, commencing on January 1, 2016, designate a
member of the Planning Board to act as Chairperson thereof. For the
purpose of initiating a Planning Board under this chapter, the normal
continuance of the existing Planning Board is established. The Planning
Board may adopt additional rules, regulations and procedural requirements
with respect to any subject matter over which it has jurisdiction
under this chapter or under the New York State Town Law, following
a public hearing on such matters and subject to the approval of the
Town Board, and provided that such rules, regulations or procedures
conform to the general minimum requirements outlined in this chapter.
[Amended 11-25-2015 by L.L. No. 9-2015]
C.
The Planning Board shall have all power and authority designated
to it in this chapter and shall exercise such power and authority
in conformance with the provisions of the applicable sections of the
New York State Town Law and the general procedural requirements outlined
in this chapter, as amended by the Town Board.
D.
The Planning
Board may:
(1)
Help to prepare and revise a Comprehensive Plan for the development
of the entire area of the Town, and the Town Board shall file certified
copies of the Comprehensive Plan in the offices of the Town Engineer
and the Town Clerk (§ 272-a of the New York State Town Law).
[Amended 2-10-1997 by L.L. No. 1-1997]
(2)
Review and comment on all proposed zoning amendments as referred
to the Board.
(3)
Render assistance to the Zoning Board of Appeals at its request.
(4)
Conduct research and report on any matter referred to it by the Town
Board.
(5)
Conduct investigations and prepare maps, reports and recommendations
relating to the planning and development of the Town, provided that
the total expenditures of said Board shall not exceed the appropriation
for its expenses (§ 271 of the New York State Town Law).
[Amended 8-2-2011 by L.L.
No. 4-2011]
E.
The Town
Board may by resolution authorize and empower the Planning Board to
approve or disapprove changes in the lines of existing streets, highways
or public areas shown on subdivision plats or maps filed in the County
Clerk's office of the County of Monroe or the laying out, closing
off or abandonment of streets, highways or public areas under the
provisions of the Town and Highway Laws within that part of the Town
outside the limits of any incorporated city or village (§ 271
of the New York State Town Law).
[Amended 8-2-2011 by L.L.
No. 4-2011]
F.
The Planning
Board shall have the authority to require the posting of a performance
bond in an amount sufficient to cover the full cost of street improvements
as estimated by the Board and/or Town Engineer, and the form, sufficiency
and manner of execution of such bond shall be approved by the Town
Board.
G.
Any person
aggrieved by any decision of the Planning Board may apply to the New
York State Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceedings shall be
instituted within 30 days after the filing of a decision in the office
of the Town Clerk.
A.
Site plan approval. The Town of Hamlin Planning Board, in accordance
with the general provisions of § 274-a of the New York State
Town Law, shall have the authority to review and approve site plans
and general land development prior to the issuance of any building
permits, subject to the provisions and restrictions of this chapter.
B.
Preapplication sketch conference.
(1)
At the time of application for a preliminary site plan approval,
the applicant shall indicate whether or not an optional sketch plan
conference with the Planning Board is desired. Such a sketch plan
conference shall be conducted at a regularly scheduled meeting of
the Planning Board but shall not be a public hearing. During the conference,
the applicant and the Planning Board shall review and discuss the
basic site design concept and generally determine the information
to be required and provided on the preliminary site plan. No formal
action shall be taken on the plan or application at the time of the
sketch plan conference. At such a conference, the applicant should
provide a statement and conceptual design sketch outlining what is
proposed in addition to the information listed below:
(a)
The location of site with respect to existing and proposed rights-of-way
and intersections.
(b)
All properties, subdivisions, streets and easements within 200
feet of the parcel.
(c)
All existing utilities in the area.
(d)
Internal street pattern, if any, of the proposed development.
(e)
Location of all existing structures on the site and future use
of the same.
(f)
Existing zoning classification(s) of the property and all adjacent
properties and any restrictions on land use of the site.
(g)
Existing natural features on the site and future use of the
same.
(h)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should also be provided.
(2)
The Planning Board may, at this stage, suggest changes in the preapplication
sketch involving street layout, traffic patterns, lot size or shape,
preservation of natural features or other matters which, in its opinion,
will improve the layout in keeping with the best interests of the
Town.
(3)
The Planning Board shall be permitted a reasonable time to review
the plan, but in no instance longer than 45 days after completion
of all requirements, unless provided for elsewhere in this chapter.
C.
Application for preliminary site plan approval.
(1)
Any preliminary application for site plan approval shall be made
in writing and shall be accompanied by any or all of the following
information, as required by the Planning Board, prepared by a licensed
engineer, architect, landscape architect or surveyor and certified
by the seal and signature of such engineer, architect or surveyor.
Plans for proposed developments consisting of five or more lots must
be signed by a licensed professional engineer, licensed to practice
engineering within the State of New York.
(a)
An area map showing that portion of the applicant's property
under consideration, the applicant's entire adjacent holdings and
all properties, subdivisions, streets and easements within 500 feet
of the applicant's property.
(b)
Title of drawing, including name and address of the applicant
and person responsible for preparation of such drawing.
(c)
North arrow, scale, original date and last revision date.
(d)
Boundaries of the property plotted to scale, including tax account
numbers; dimensions of the site and total acreage.
(e)
Current zoning of the property and any proposed zoning changes.
(f)
Existing watercourses.
(g)
A grading and drainage plan showing existing and proposed contours
and methods of on-site drainage and/or water retention.
(h)
The location, setbacks, dimensions and proposed use of all structures.
(i)
Floor plans and elevations for all buildings.
(j)
The location, design and traffic circulation patterns for all
parking areas and truck delivery areas, showing ingress and egress
points.
(k)
The location and size of all curb cuts.
(l)
Any provisions for pedestrian access and circulation, including
sidewalks, handicapped parking areas and ramps, crosswalks, pavement
markings, etc.
(m)
The location of any outdoor storage area; the location of any
outdoor fencing, including size, height and type of construction.
(n)
The location, design and construction materials of all existing
or proposed site improvements, such as drains, culverts, retaining
walls, outdoor storage tanks, air-conditioning units and waste disposal
units, etc.
(o)
A description of the method of securing public water and the
location, design and construction materials for such facilities.
(p)
A description of the method of sewage and stormwater disposal
and the location, design and construction materials of such facilities.
(q)
The location of fire lanes and other emergency zones, including
the location of all fire hydrants, existing and proposed.
(r)
The location, size, design and construction materials of all
proposed signs.
(s)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy;
provisions for solar energy use, energy conservation or other environmental
design techniques.
(t)
The location and proposed development of all buffer areas, including
existing and proposed vegetative cover.
(u)
The location and design of outdoor lighting facilities.
(v)
A designation of the amount of building area to be used for
retail sales or similar commercial activity. An estimate of the maximum
number of employees to be on the site at any one time.
(w)
A general landscaping plan and planting schedule, including
the location and types of trees and shrubbery to be planted, and a
tracing overlay showing soil types and classifications and their susceptibility
to erosion and flooding.
(x)
Any other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any zoning
variances to be secured from the Zoning Board of Appeals and any other
county or state permits required prior to final project approval.
(2)
The Building Inspector shall have the authority to require any or
all of the above site design elements or other information on a site
plan submitted for review and/or approval to the Planning Board.
(3)
Letter of intent.
(a)
A letter of intent, prepared by the applicant or his designated
representative or agent, shall accompany the preliminary site plan
application and shall include a statement outlining the proposed project,
the owner of the property and any proposed buildings, the project
builder or contractor, if known, a proposed construction schedule,
the principals involved in the financing of the project and any other
information deemed necessary by the Building Inspector.
(b)
Such additional information may include data on the nature and
legal status of existing or proposed easements, a description of all
deed restrictions or covenants applicable to the property, etc.
(4)
Required fees. Fees shall be paid to the Town Clerk upon the filing
of an application. Such fees shall be as established by the Town Board
and are not refundable.
D.
Planning Board review of preliminary site plan.
(1)
The Planning Board's review of a preliminary site plan shall include,
but is not limited to, the following considerations:
(a)
Adequacy and arrangement of vehicular and pedestrian traffic,
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic, road widths and traffic control structures, intersections,
and provisions for pedestrian convenience. Consideration shall be
given to facilities to assist handicapped persons using the facility.
(b)
Location, arrangement, size and design of buildings, lighting
and signs. As much as is possible, consideration should be given to
noise sources, privacy, prevailing wind directions and seasonal sun
movements when locating structures, patios and open spaces on parcels,
exhaust fans and outdoor waste disposal locations.
(c)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between these
and adjoining lands.
(d)
In the case of an apartment house or multiple dwelling, the
adequacy of usable open space for playgrounds and informal recreation.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy of fire lanes or other emergency zones, and provisions
for fire hydrants.
(h)
Provisions for snow storage and/or removal.
(i)
Protection of solar access on adjacent or neighboring properties.
(j)
Protection of adjacent properties and the general public against
noise, glare and unsightliness or other objectionable features.
(k)
Adequacy of structures, roadways and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
(l)
Proposed grading of the site.
(m)
Any unique environmental problems associated with development
of the particular site, including but not limited to erosion control,
soil types, drainage considerations, removal of existing vegetation,
destruction of wildlife habitats, or any other environmental impacts
and the means by which the applicant will deal with these problems.
(n)
The general visual and aesthetic aspects of the project as they
relate to the overall project design and concept.
(o)
Conformity of the basic site design to generally accepted planning,
engineering and design standards and criteria.
(q)
General project conformance with all applicable requirements
of this chapter and the number and nature of any variances required.
(r)
Relationship of the proposed use to the existing land use and
zoning patterns in the area.
(2)
In addition to the site plan review criteria outlined above, the
Planning Board should examine the following site design considerations
when reviewing development proposals along Lake Ontario and Sandy
Creek:
(a)
Relationship of the proposed use to water depth and existing
natural features.
(b)
Setbacks from the mean high-water mark.
(c)
Architectural and aesthetic considerations.
(d)
Standards for boating facilities (docks, pier, slips and catwalk
dimensions), as recommended by the National Association of Engine
and Boat Manufacturers, Inc.
(e)
Structures for shoreline protection.
(3)
The Planning Board shall have no authority to act on or approve variances
from this chapter, with the exception of applications under § 278
of Town Law. However, any Planning Board approval of a site plan application
must be made contingent on the applicant obtaining all necessary variances
from the Town Zoning Board of Appeals and/or other applicable permits.[3]
(4)
Consultants and engineer's reviews. The Town Building Inspector shall
be responsible for referring, as necessary, any development project
to the various departments or agencies, prior to any final action
being taken by the Planning Board on the application. The Town Building
Inspector shall also be responsible for referring certain site development
plans to the Monroe County Department of Planning for an advisory
review and report, in accordance with the provisions of § 239-m
of the General Municipal Law, prior to any final action being taken
on the application by the Planning Board.[4]
(5)
Public hearings. The Planning Board shall conduct a public hearing
on the proposed preliminary site plan. Such a public hearing shall
be conducted within 62 days of the date of receipt of the application
for preliminary site plan approval and shall be advertised in a newspaper
of general circulation in the Town at least five days prior to the
public hearing. The Clerk to the Planning Board shall be responsible
for notifying by mail all property owners within 500 feet of the property
involved in the preliminary application of the time, date and place
of said public hearing, at least five days prior to such meeting.
[Amended 3-4-1992 by L.L. No. 2-1992[5]]
E.
Planning Board action on preliminary site plan.
(1)
Within 62 days of the receipt of an application for preliminary site
plan approval, the Planning Board shall act on it. If no decision
to disapprove such an application is made, and upon completion of
all requirements to be met, the preliminary site plan shall be considered
approved. The time limit for action on the preliminary site plan may
be extended by mutual consent or agreement of the Planning Board and
the applicant. The Planning Board's action shall be in the form of
a written statement to the applicant stating whether or not the preliminary
site plan is approved, disapproved or approved with conditions. The
Planning Board may incorporate a statement of findings into the decision
and must clearly state the reasons for the action being taken.[6]
(2)
The Planning Board's decision shall refer to a specific site plan
drawing by date and number and may include recommendation of desirable
modifications to be incorporated into the final site plan. Conformance
with said modifications shall be considered a condition of project
approval. If the preliminary site plan is disapproved, the Planning
Board's decision shall clearly state the reasons for such denial.
In such a case, the Planning Board may recommend further study of
the site plan and resubmission to the Board after it has been revised
or redesigned.
(3)
No modification of existing stream channels, filling of lands with
a moderate to high susceptibility to flooding, grading or removal
of vegetation in areas with a moderate to high susceptibility to erosion,
or excavation for the construction of site improvements shall begin
until the developer has received preliminary site plan approval. Failure
to comply shall be construed as a violation of this chapter, and where
necessary, final site plan approval may require the modification or
removal of unapproved site improvements.
F.
Application for final site plan approval.
(1)
After receiving preliminary approval, with or without modifications,
from the Planning Board on a preliminary site plan, and approval for
all necessary permits and curb cuts from state and county officials,
the applicant may prepare a final detailed site plan and submit it
to the Planning Board for approval. If more than 12 months has elapsed
since the time of the Planning Board's action on the preliminary site
plan and if the Planning Board finds that conditions may have changed
significantly in the interim, the Planning Board may require a resubmission
of the preliminary site plan and an additional public hearing for
further review and possible revision prior to accepting the proposed
final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary
site plan that has received preliminary site plan approval. It shall
incorporate any revisions or other features that may have been recommended
by the Planning Board at the preliminary review. In addition to that
provided elsewhere in this chapter, the Planning Board may require
a letter of credit, bond or maintenance bond for any facility or improvement
that is indicated as part of the plan, such as parking areas and buffer
and screen devices. All such compliance shall be clearly indicated
by the applicant on the appropriate submission.
(3)
In addition to final detailed site plans, the following additional
information shall accompany an application for final site plan approval:
(a)
A record of application for and approval status of all necessary
permits or variances from Town, county and state departments or agencies.
(b)
Any other information or data deemed necessary by the Town Building
Inspector and/or Planning Board.
(c)
The proposed construction schedule and/or phasing of the project
and its relation to project design.
(4)
There shall be no additional fee required for review of an application
for final site plan approval. Such review shall take place at a regularly
scheduled meeting of the Planning Board but shall not require a public
hearing.
(5)
If the final detailed site plan is substantially different from the
approved preliminary plan, then the applicant shall present any modifications
to the Planning Board as a preliminary site plan in accordance with
the procedures found in this section. The Planning Board shall then
determine whether or not the modified plan is still in keeping with
the intent of the Board resolution which approved the preliminary
site plan. If a negative decision is reached, the site plan shall
be considered as disapproved.
G.
Planning Board action on final site plan.
(1)
The Planning Board may approve an application for site plan review
when, based on the information presented at a public hearing, it has
determined that the project will generally satisfy the conditions
and criteria listed above. The Planning Board may place reasonable
restrictions or stipulations on such applications in order to ensure
that the project adequately meets the requirements, conditions or
criteria listed above.
(2)
Within 62 days of receipt of the application for final site plan
approval, the Planning Board shall render a decision to the Town Building
Inspector. If no decision is made within the sixty-two-day period,
and upon completion of requirements to be met, the final site plan
shall be considered approved. However, the time period may be extended
by mutual consent of the Planning Board and the applicant. The Planning
Board's decision shall clearly refer to a specific site plan by drawing
number and date.[7]
(3)
Upon submission of the final site plan and payment by the applicant
of all fees and reimbursable costs due to the Town, the final site
plan shall be signed by the Town Engineer, Highway Superintendent,
Building Inspector, Fire Marshal and Attorney, respectively. Upon
the Attorney signing the final site plan, the Planning Board shall
endorse its approval on the final site plan. Planning Board final
approval shall expire one year from the date granted. Any necessary
easements to the Town of Hamlin must be received and approved by the
Town Attorney before the Town Attorney will sign the final site plan
The Town Engineer will give written notice to the Town Attorney, who
will subsequently give written notice to the Town Clerk and the Building
Inspector, that easements are necessary. All easements must be filed
in the Monroe County Clerk's office by the applicant and returned
to the Town Clerk before a building permit will be issued. Upon disapproval
of a final site plan, the Planning Board shall so inform the Building
Inspector, and the Building Inspector shall deny a building permit
to the applicant. The Planning Board shall also notify the applicant,
in writing, of its decision and its reasons for disapproval or approval.
Planning Board approval of a final site plan shall expire after one
year from the date of such decision unless a building permit has been
taken out within such time period for work indicated on the final
site plan. An application for preliminary or final site plan approval
that has been denied by the Planning Board may not be resubmitted
to the Board for a period of one year from the date of such decision
unless such plan has been changed or revised to reflect the concerns
and recommendations of the Planning Board indicated in its notice
of denial.
[Amended 11-4-1992 by L.L. No. 10-1992; 2-13-1995 by L.L. No.
2-1995]
(4)
In taking action on applications for final site plan approval, the
Planning Board shall ensure that, to the maximum extent possible,
the minimum requirements of this chapter have been met or that appropriate
variances have been granted by the Town Zoning Board of Appeals. The
Planning Board may impose additional restrictions or conditions on
applications for final site plan approval beyond the general requirements
of this chapter, but within its given scope and authority, if it determines
that such restrictions or conditions are necessary to ensure project
conformance with generally accepted planning, engineering and design
standards and criteria, are necessary to minimize the project's adverse
impact on adjacent land uses and other physical and environmental
features or are directly related to the health, safety or general
welfare of the community. Such additional restrictions or conditions
shall be in the form of a resolution of approval to be signed by the
applicant as a condition of final site plan approval. Final site plan
approval cannot be granted for any project until all necessary variances
from the Town Zoning Board of Appeals have been granted and/or any
approvals from the Town Board have been granted and a review or referral
has been received concerning the project from the Monroe County Planning
Department in accordance with the provisions of § 239-m
of the General Municipal Law.[8]
(5)
The Planning Board shall take one of the following actions on site
plan reviews:
(a)
Preliminary approval. The application is given preliminary site
plan approval as presented.
(b)
Preliminary approval with modifications. The application is
given preliminary site plan approval subject to certain modifications
being made in the plan that will be shown on the final site plan.
(c)
Disapproval. The application for site plan approval is denied
based upon reasons stated in the decision.
(d)
Disapproval without prejudice. The application for site plan
approval is denied based upon reasons stated in the decision. However,
the Planning Board may reconsider the application if substantial changes
are made in the site plan design or overall project concept. A new
application fee for the Planning Board is required and an additional
public hearing is required if and when the new plans are submitted.
(e)
Final approval. The application is given final site plan approval
as presented.
(f)
Final approval with modifications or conditions. The application
is given final site plan approval subject to certain modifications
or conditions contained in the decision or resolution of approval
to be signed by the applicant.
(g)
Reserved decision. Further action on an application for site
plan approval is postponed pending receipt of additional information
or data.
(h)
Tabled. Preliminary site plan hearing is postponed pending receipt
of additional information, appearance of applicant or a representative,
etc.
(i)
Recommendation for denial. Town Board rezoning referral or application
for site plan review is given a recommendation of denial, with reasons,
for further action by the Town Board.
H.
Reimbursable costs. Costs incurred by the Planning Board for consultation
fees or other extraordinary expenses in connection with the review
of a proposed site plan, that are over and above the basic application
fee, shall be charged to the applicant at a rate as established by
the Town Board.
I.
Integration of site plan review. Whenever the particular circumstances
of a proposed development require compliance with either special use
permit procedures as found in this chapter, or requirements of the
Town's land subdivision regulations or local SEQR regulations, then
the Planning Board and Town Building Inspector shall attempt to integrate,
where possible, site plan review as required by this section with
the procedural and submission requirements for such other compliance.
J.
Special provisions regarding modification of site plans for commercial
use.
[Added 7-9-2018 by L.L.
No. 4-2018]
(1)
Administrative
approval of certain changes in use.
(a)
With respect to a use permitted by site plan approval in a commercial
use district, site plan approval is not required for a change of a
previously approved use within a previously approved building or structure
provided that there is no change in required parking, site drainage,
access, lot coverage, or exterior alteration of the building or structure,
and further provided that the proposed new use is also a use permitted
subject to site plan approval. Upon a determination by the Building
Inspector that the proposed new use meets all such requirements for
exemption from the requirements for site plan approval, the Building
Inspector shall file a statement setting forth the date of approval
of such change in use with the original approved site plan, and may
issue a certificate of occupancy for the new use.
(2)
Possible
waiver of site plan review by the Planning Board.
(a)
All applications for a change of use or for other modifications to a previously approved site plan for a commercial use which do not meet the requirements for administrative approval pursuant to Subsection J(1) hereof require site plan review by the Planning Board. Notwithstanding the foregoing, upon a finding by the Planning Board following its initial review of the application that, because of the particular character or limited nature of the change in use or modification of site improvements, the submission of a site plan, or of particular portions of the information typically required as part of a site plan, is inappropriate or unnecessary, the Planning Board may vary or waive the requirements for site plan review. The decision to vary or waive the requirements for site plan review shall be incorporated in a resolution setting forth the reasons supporting the decision. When granting a full or partial waiver from the requirements for site plan review the Planning Board may impose additional conditions it deems appropriate or necessary with respect to modification of the site plan. A statement setting forth the date such waiver was granted and the decision to permit the modification requested shall be filed with the previously approved site plan.
A.
Plat approval authority. For the purpose of providing for the future
growth and development of the Town of Hamlin and affording adequate
facilities for the housing, transportation, distribution, comfort,
convenience, safety, health and welfare of its population, by resolution
of the Town Board, the Planning Board is authorized to approve plats
showing lots, blocks or sites, with or without streets or highways.
For the same purposes and under the same conditions, the Planning
Board shall approve the development of plats already filed in the
office of the County Clerk if such plats are entirely or partially
undeveloped. The term "undeveloped" shall mean those plats where 20%
or more of the lots within the plat are unimproved unless existing
conditions, such as poor drainage, have prevented their development.
The Planning Board may recommend for adoption by the Town Board such
rules and regulations as it deems necessary, consistent with the provisions
of this chapter, to approve such plats.
[Amended 8-2-2011 by L.L.
No. 4-2011]
B.
Submission of plats to Planning Board.
(1)
All plats shall be submitted to the Planning Board for approval in
final form; provided, however, that where the Planning Board has been
authorized to approve preliminary plats, the owner may submit, or
the Planning Board may require that he or she submit, a preliminary
plat for consideration. Such a preliminary plat shall be clearly marked
"preliminary plat" and shall conform to the definition provided in
§ 276, Subdivision 4, of the Town Law. The Planning Board
shall comply with the provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
its implementing regulations. The Planning Board shall hold a public
hearing and act on the preliminary plat in accordance with § 276
of the Town Law.
[Amended 8-2-2011 by L.L.
No. 4-2011]
(2)
Notwithstanding the foregoing provisions, the time in which the Planning
Board must take action on such plat may be extended by mutual consent
of the owner and the Planning Board. When so approving a preliminary
plat, the Planning Board shall state, in writing, the modifications,
if any, it deems necessary for submission of the plat in final form.
Within five days of the approval of such preliminary plat, it shall
be certified by the Town Clerk as granted preliminary approval and
a copy filed in the Town Clerk's office and a certified copy mailed
to the owner. Within six months of the approval of the preliminary
plat, the owner must submit the plat in final form. If such plat is
not so submitted, approval of the preliminary plat may be revoked
by the Planning Board. In the event that the Planning Board fails
to take action on a preliminary plat within the time prescribed therefor,
such plat shall be deemed granted preliminary approval. The certificate
of the Town Clerk as to the date of submission and the failure to
take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
C.
Hearing on final plat.
(1)
When a final plat is submitted which the Planning Board deems to
be in substantial agreement with a preliminary plat approved pursuant
to this section, the Planning Board shall by resolution conditionally
approve with or without modification, disapprove, or grant final approval
and authorize the signing of such plat within 62 days of its receipt
by the Clerk of the Planning Board. When a final plat is submitted
which the Planning Board deems not to be in substantial agreement
with a preliminary plat approved pursuant to this section, or when
no preliminary plat is required to be submitted and a final plat clearly
marked "final plat" is submitted conforming to the definition provided
by § 276, Subdivision 4, of the Town Law, the Planning Board
shall proceed in accordance with § 276 of the Town Law.
[Amended 8-2-2011 by L.L.
No. 4-2011]
(2)
Notwithstanding the foregoing provisions, the time in which the Planning
Board must take action on such plat may be extended by mutual consent
of the owner and the Planning Board. In the event that the Planning
Board fails to take action on a final plat within the time prescribed
therefor, the plat shall be deemed approved and a certificate of the
Town Clerk as to the date of submission and the failure to take action
within such prescribed time shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval
herein required. Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat subject to completion of such requirements as may be
stated in the resolution. Within five days of such resolution, the
plat shall be certified by the Town Clerk as conditionally approved
and a copy filed in his or her office and a certified copy mailed
to the owner, including a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved final plat. Upon completion of such requirements, the plat
shall be signed by said duly authorized officer of the Planning Board.
Conditional approval of a final plat shall expire within 180 days
after the date of the resolution granting conditional approval unless
such requirements have been certified as completed.
D.
Extension of time for plat approval. Notwithstanding the foregoing
provisions of this section, the Planning Board may extend the time
in which a conditionally approved plat in final form must be submitted
for signature if, in its opinion, such intention is warranted by the
particular circumstances thereof, not to exceed two additional periods
of 90 days each.
E.
Filing of subdivision and resubdivision maps or plats. Final subdivision
plats must be filed with the County Clerk's office within 62 days
after the date of approval by the Town.
[Amended 8-2-2011 by L.L. No. 4-2011]
F.
Approval of subdivision plat sections. Prior to granting conditional
or final approval of a final plat form, the Planning Board may permit
the plat to be subdivided into two or more sections and may, in its
resolution granting conditional or final approval, state that such
requirements as it deems necessary to ensure the orderly development
of the plat be completed before such sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat, subject to any conditions
imposed by the Board, shall be granted concurrently with conditional
or final approval of the plat.
G.
Authority of Planning Board to require parks. Before the approval
by the Planning Board of a plat showing lots, blocks or sites, with
or without streets or highways, or the approval of a plat already
filed in the office of the Town Clerk if such plat is entirely or
partially undeveloped, such plat shall also show, in proper cases
and when required by the Planning Board, a park or parks suitably
located for playground or other recreational purposes. If the Planning
Board determines that a suitable park or parks of adequate size cannot
be properly located in any such plat or is otherwise not practical,
the Planning Board may require, as a condition for approval of any
such plat, a payment to the Town of a sum to be determined by the
Town Board, which sum shall constitute a trust fund to be used by
the Town exclusively for neighborhood park, playground or recreation
purposes, including the acquisition of property.
H.
Requirements for streets and highways in plats. In approving such
plats, the Planning Board shall require that the streets and highways
shall be of sufficient width and suitable grade and shall be suitably
located to accommodate the prospective traffic, to afford adequate
light and air, to facilitate fire protection and to provide access
of fire-fighting equipment to buildings, and if there is an Official
Map or Comprehensive Plan, they shall be coordinated so as to compose
a convenient system conforming to the Official Map and properly related
to the proposals shown by the Planning Board on the Comprehensive
Plan. All streets or other public places shown on such plats shall
be suitably graded and paved and street signs, sidewalks, streetlighting
standards, curbs, gutters, street trees, water mains, fire alarm signal
devices including necessary ducts and cables or other connecting facilities,
sanitary sewers and storm drains or combined sewers shall be installed
all in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments.
[Amended 8-2-2011 by L.L. No. 4-2011]
I.
Posting of bond to insure performance. A performance bond sufficient
to cover the full cost of required improvements as estimated by the
Planning Board or other appropriate Town departments designated by
the Planning Board shall be furnished to the Town by the owner. In
the event that the owner shall be authorized to file the approved
plat in sections, approval of the plat may be granted upon the installation
of the required improvements in the section of the plat filed in the
office of the County Clerk or the posting of a bond covering the cost
of such improvements. Such performance bond shall be issued by a bonding
or surety company approved by the Town Board, or by the owner with
security acceptable to the Town Board, and shall also be approved
by such Town Board as to form, sufficiency and manner of execution.
Such performance bond shall run for a term to be fixed by the Planning
Board but in no case for a longer term than three years; provided,
however, that the term of such performance bond may be extended by
the Planning Board with consent of the applicant.
J.
Waiver
of requirements.
[Added 4-10-2006 by L.L. No. 2-2006; amended 4-9-2012 by L.L. No.
5-2012]
(1)
Alteration
of lot lines. The Planning Board shall review all plats which consist
solely of alteration of lot lines between two or more contiguous lots.
Upon a determination that there is no increase in the nonconformity
of any dimensional area or setback requirements to any resulting lot,
the Planning Board shall approve the plat, and the procedures for
approval of subdivision plats do not apply. In the event there is
any increase in the nonconformity of any dimensional area or setback
requirement to any resulting lot, the procedures for approval of subdivision
plats apply subject to the discretion of the Planning Board to waive
any of the procedures for approval of subdivision plats, including
any requirement for a public hearing. The Planning Board shall not,
however, approve any such plat in which there is an increase in the
nonconformity of any dimensional area or setback requirement of any
lot unless the Zoning Board of Appeals has issued a variance.
(2)
Lot combinations.
[Amended 11-10-2014 by Ord. No. 5-2014]
(a)
Courtesy combination without Planning Board review. An owner
of two or more contiguous parcels may make a written request to the
assessor or acting assessor of the town to combine two or more contiguous
parcels provided that (1) all parcels are situate within a single
zoning district and wholly situate within the Town of Hamlin, (2)
none of the parcels are within a subdivision, and (3) the parcels
have identical ownership. Said written request must be signed by the
owner of the properties, shall set forth the Tax Map number of each
contiguous parcel to be combined, and shall provide proof of payment
of all property taxes on said parcels. Provided that the aforesaid
requirements are met between January 1 and March 1, the assessor or
acting assessor shall submit a letter to the Real Property Services
Office of Monroe County requesting such combination for tax mapping
purposes. Said request from the assessor or acting assessor shall
include a copy of the signed request from the owners, shall include
the Tax Map number and owners name of each parcel to be combined,
the Tax Map number remaining on the Tax Map that will identify the
one combined parcel, and proof of payment of all property taxes on
the parcels to be combined.
(b)
Lot combinations requiring Planning Board review. An application
for a plat that simply combines two or more contiguous lots, and which
does not meet the requirements for courtesy combination pursuant to
§ 520- 66J(2)(a), must be reviewed by the Planning Board,
and such plat shall be approved upon the Planning Board's determination
that the plat meets requirements for filing as determined by that
Board. Such plats are not considered as subdivisions.
K.
Applicability
of § 278 of the New York State Town Law. The Planning Board
is hereby empowered, simultaneously with the approval of a plat or
plats pursuant to this section, to modify applicable provisions of
this chapter as prescribed by § 278 of the New York State
Town Law. The purposes of such authorization shall be to enable and
encourage flexibility of design and development of land in such a
manner as to promote the most appropriate use of land, to facilitate
the adequate and economical provision of streets and utilities, and
to preserve the natural and scenic qualities of open lands.
[Amended 8-2-2011 by L.L. No. 4-2011]
[Amended 3-4-1992 by L.L. No. 2-1992; 2-10-1997 by L.L. No.
1-1997; 3-12-2001 by L.L. No. 1-2001]
A.
Issuance.
The Town of Hamlin Planning Board, in accordance with the general
provisions of § 274-b of the New York State Town Law, shall
have the authority to issue special use permits for certain land uses
which are permitted with a special use permit pursuant to the provisions
of this chapter.
B.
Procedure
for obtaining special use permit.
(1)
Except as hereinafter provided in Subsection D relating to expedited permits for certain professional offices in residences and home occupation uses, whenever a special use permit is required by this chapter, as hereinafter in effect, the applicant shall proceed in the following manner:
[Amended 12-11-2006 by L.L. No. 10-2006]
(a)
The applicant shall submit to the Building Inspector an application
on a form provided by the Building Inspector. The application shall
be accompanied by plot plan showing, where applicable:
[1]
The location, dimensions and area of the land or lot;
[2]
The location of all existing and proposed buildings or structures
with reference to property lines;
[3]
The elevation, area and dimensions of all existing and proposed buildings
or structures;
[4]
The plans and specifications for all proposed buildings or structures
or alterations of existing buildings or structures;
[5]
A statement of the specific use or uses to be made of the land, buildings
or structures; and
[6]
Such other information as the Building Inspector may require.
(2)
Within
a reasonable time, the Planning Board shall direct a public hearing
to be held on the application and fix the date of such hearing. The
hearing shall be held within 62 days after filing of the application.
Publication of notice of hearing shall be made by the Clerk of the
Planning Board once in the official newspaper at least five days prior
to the hearing date, and the Clerk shall also mail written notice
of such hearing to all property owners within 500 feet in all directions
at least five days before the date of such hearing. Proof of publication
and mailing shall be filed with the Town Clerk before the hearing
date. Also, as required by § 239-m of the General Municipal
Law, notice shall be mailed to the applicant and to the Monroe County
Planning Board at least 10 days before the hearing.
(3)
At
such hearing, the Board may take such testimony and thereafter conduct
such investigation as it deems necessary and shall, within 62 days,
grant or deny the application or grant the same on conditions stated
in the decision. The decision of the Board shall be entered in its
minutes and filed with the Town Clerk of the Town of Hamlin. If the
special permit is granted, the decision of the Board shall direct
the Building Inspector to issue a building permit or certificate of
occupancy, as may be appropriate, in conformity with the decision,
upon payment of the required fee.
(4)
Fees
shall be established by the Town Board and paid to the Town Clerk
as required by law.
C.
Waiver of certain requirements for special use permits for certain professional offices in residences and certain home occupations. Whenever the Planning Board receives an application for a special use permit for a professional office in a home or for a home occupation use pursuant to § 520-26 of this chapter, it shall determine if the proposed use meets all the following requirements for classification as a "minor professional office" in a residence or a "minor home occupation use":
[Added 12-11-2006 by L.L. No. 10-2006]
(1)
No
individual who is not a resident of the premises may be employed by
the business.
(2)
There
shall be no sign identifying the business.
(3)
All
business is conducted by appointment only. No more than 10 appointments
may be scheduled during any one day.
(4)
No
more than two customer vehicles shall be on the premises at the same
time.
(5)
No
commercial vehicles used in connection with the professional office
or home occupation use shall be parked on the premises.
D.
Procedure for expedited issuance of special use permits. Whenever the Planning Board has made a determination that an application for a special use permit is for a minor professional office or minor home occupation use, the requirement for a public hearing set forth in Subsection B(2) shall be waived, and, if the proposed use does not involve new construction, the Planning Board may waive any or all of the requirements for site plan review, including the requirement for a public hearing, as it may deem appropriate. In the event it has been determined that the application is for a minor professional office or minor home occupation use, the Planning Board may issue the special use permit upon written findings, without a hearing, that the proposed use will be in compliance with the restrictions set forth in § 520-26C and Subsection F of this section.
[Added 12-11-2006 by L.L. No. 10-2006]
E.
Special
use permits for bed-and-breakfast facilities. In addition to all other
requirements regarding special use permits, no special use permit
for a bed-and-breakfast facility shall be issued unless the proposed
bed-and-breakfast facility is found to comply with the following standards
which shall be conditions of the permit:
[Added 2-11-2008 by L.L. No. 2-2008]
(1)
The
owner of the bed-and-breakfast facility must reside in and continue
to reside in the dwelling as his/her/their principal residence. The
owner will provide a sworn statement certifying to such residency
to the Building Inspector on an annual basis commencing with the issuance
of a certificate of occupancy.
(2)
No
more than one employee shall be permitted to work on the premises
at any time, and none shall be present between the hours of 11:00
p.m. and 6:00 a.m. Members of the owner’s immediate family who
are residents on the premises shall not be considered employees, whether
or not paid.
(3)
(4)
No
guest may be registered for a maximum continuous period in excess
of seven consecutive nights. The owner shall maintain a guest register
and shall preserve registration records for a minimum of three years.
The register and all records shall be made available for inspection
at any time by the Building Inspector of the Town of Hamlin.
(5)
Any
meals provided and any amenities connected with the guest rooms, such
as a swimming pool or tennis court, shall be solely for the use of
the owner, the owner's family and the owner's registered guest.
(6)
The
bed-and-breakfast facility shall be maintained and operated at all
times so as to comply with all applicable laws and ordinances of the
State of New York, County of Monroe, Town of Hamlin, and all rules
and regulations promulgated thereunder.
(7)
One
sign shall be permitted identifying the property as a bed-and-breakfast
facility. The sign shall not exceed three square feet in area and
shall contain no information other than identification of the premises
as the named bed-and-breakfast. The setback and other distinguishing
features shall be in accordance with terms as established by the Planning
Board during site plan review.
(8)
Each
bedroom occupied by a paying guest shall be equipped with a properly
installed and functioning smoke detector. Further, a smoke detector
shall be properly installed and functioning on or near the ceiling
in the room or hallway from which each bedroom rented to paying guests
exists.
(9)
Each
bed-and-breakfast shall be established, maintained and operated so
as to preserve and compliment the residential character and integrity
of the surrounding area when the facility is established in a residential
district as provided in the code.
(10)
The Building Inspector and Fire Marshal shall be given such access
to the dwelling as they deem necessary from time to time for the purpose
of making inspections to ensure compliance with all federal, state
and local codes, rules and regulations, including the New York State
Uniform Fire Prevention and Building Code. Such inspections may be
made with or without prior notice thereof.
(11)
The Planning Board shall have the right to impose and include other
and additional conditions as it may deem necessary to effectuate the
purpose of this chapter.
F.
Special use permits for kennels. In addition to all other requirements
regarding special use permits, no special use permit for a kennel
shall be issued unless the proposed kennel is found to comply with
the following standards, which shall be conditions of the permit:
[Added 7-13-2015 by L.L.
No. 6-2015[1]]
(1)
All kennel facilities shall be located behind the rear foundation
line of the principal structure.
(2)
On-site open storage or composting of animal waste is prohibited.
An animal waste disposal plan is required.
(3)
Subject to the provisions of § 520-67F(6)(h) below, all kennel facilities must be set back 50 feet from any property line.
(4)
All animals must be kept in separate crates or cages within an enclosed
building between the hours of 10:00 p.m. and 6:30 a.m.
(5)
An emergency preparedness plan shall be established for the kennel
facility.
(6)
Such other conditions which the Planning Board deems appropriate
for the particular site and particular kennel facility in order to
avoid detrimental impact on surrounding properties with respect to
the following:
(a)
Fencing or screening around outside kennel areas;
(b)
Odor control;
(c)
Soundproofing of buildings;
(d)
Maximum number of animals permitted at any one time;
(e)
Species of animals permitted;
(f)
Adequacy of staffing for animal supervision;
(g)
Hours of operation when animals may be delivered or picked up
or when visitors are permitted;
(h)
After consideration of the particular site, the site's proximity
to neighboring residences, the number and species of animals permitted,
and to minimize visual impact and noise impact on surrounding properties,
the Planning Board may require setbacks greater than 50 feet for certain
kennel facilities; or, in the event it determines that certain kennel
facilities will not have an undue visual or noise impact on surrounding
properties, the Planning Board may provide that such facilities may
be located closer than 50 feet from a property line, but in no event
less than 15 feet from a property line.
G.
Denial
of special use permits. The Planning Board will deny an application
for a special use permit where it determines, based upon written findings,
that one or more of the following considerations or requirements have
not been met by the applicant:
(1)
The
proposed use will not create hazards or dangers to the public or to
persons in the vicinity as a result of increased traffic (i.e., congestion,
turning movements, crowds, parking of automobiles or other similar
conflicts).
(2)
The
proposed use will serve the public convenience and welfare and is
not injurious or prejudicial to adjoining or neighboring uses with
respect to noise, odor, fumes, smoke, heat, glare, vibrations, lights,
litter, waste products or similar considerations.
(3)
The
proposed use can be adequately serviced by existing or proposed utility
lines, Town streets or highways and other Town services such as police
and fire protection, etc.
(4)
The
proposed use will not materially conflict with the existing direction
of building development and street layout or the proposed land use
pattern as outlined for the area in the official Town Comprehensive
Plan.
(5)
The
proposed use will not have any adverse affect on the general character,
health, safety and welfare of the community by virtue of its particular
size or location, nature or intensity of the activities involved or
its influence on neighboring land uses.
H.
Site plan
review for special use permits. Each special use permit application
must also receive site plan approval from the Planning Board before
the special use permit may be granted.
I.
Automatic
termination of approval for special use permit. Any special use permit
shall automatically become null and void in the event an application
for a building permit or certificate of occupancy, as the case may
be, is not made within one year from the date of the final decision
of the Planning Board authorizing the issuance of a building permit
or certificate of occupancy for a specially permitted use.
J.
Annual inspection. The Building Inspector will annually inspect all properties for which a special use permit has been issued. In the event the use is found not to conform to the terms and conditions of this chapter and/or of the permit, the Building Inspector shall issue to the owner and/or business operator a fourteen-day notice to conform. If the owner and/or business operator does not conform within that time period, the owner and/or business owners will be subject to enforcement proceedings as provided in Article VIII of this chapter.
K.
The owner
of any property for which a special use permit has been issued is
required to apply for an extension every year. The application for
extension shall be made to the Building Inspector. The application
shall be granted upon the Building Inspector's certification that
an inspection of the premises has indicated satisfactory compliance
with the terms and conditions of this chapter and of the permit, and
if there has been an absence of written complaints regarding the use
during the past year. The Building Inspector shall commence enforcement
proceedings against the owner of the property in the event he does
not issue the annual extension of the permit.
[Amended 5-6-2013 by L.L. No. 2-2013]
Nothing in this chapter shall restrict the construction, use
or maintenance of public or municipal buildings, structures or facilities
or other publicly owned properties nor the installation, maintenance
and operation of such public utilities and facilities as may be essential
to the servicing of any district or area.
A.
Board organization.
(1)
Pursuant to the provisions of § 267 of the New York State
Town Law, there shall be within the Town of Hamlin a Town Zoning Board
of Appeals consisting of five members appointed by the Town Board,
with each member serving a term of five years. If a vacancy occurs
on the Zoning Board of Appeals as a result of an expiration of a member's
term, the Town Board shall fill the vacancy by appointment for a new
five-year term. If a vacancy occurs on the Board for any other reason,
the Town Board shall fill the vacancy by appointment for the unexpired
term.
[Amended 2-12-2007 by L.L. No. 4-2007]
(2)
If
upon the effective date of this chapter, the authorized membership
of the Zoning Board of Appeals is seven members, no incumbent shall
be removed from office except upon the expiration of his or her term.
[Added 2-12-2007 by L.L. No. 4-2007]
(3)
The Zoning Board of Appeals shall recommend to the Town Board a member
to be appointed as Chairperson. For the purpose of initiating a Zoning
Board of Appeals under this chapter, the normal continuance of the
existing Zoning Board of Appeals is established. The Zoning Board
of Appeals may adopt rules governing the taking, hearing and determination
of appeals, applications for accessory permits or any subject matter
over which it has jurisdiction under this chapter or under the New
York State Town Law, following a public hearing on such matters, and
provided that such rules, regulations or procedures conform to the
general minimum requirements outlined in this chapter.
[Amended 3-4-1992 by L.L. No. 2-1992]
(4)
The Zoning Board of Appeals shall have the power to hear and decide
appeals from any order, decision or determination of the Building
Inspector or other administrative officer charged with the enforcement
of this chapter, and, in passing upon such appeals, it shall have
the power to vary or modify the application of any of the provisions
of this chapter relating to the use, construction or alteration of
buildings or structures or the use of land to the extent permitted
by the New York State Town Law.
(5)
The concurring vote of a majority of the total membership of the
Board shall be necessary to reverse any order, requirement, decision
or determination of any such administrative official or to effect
any variation in this chapter.
B.
Variances.
(1)
Granting of variances. Where practical difficulties, unnecessary
hardships and results inconsistent with the general purposes of this
chapter may result from strict application of certain provisions thereof,
variances may be granted as provided in this section.
(2)
Application for variance. A property owner(s) or his or her agent(s)
may initiate a request for a variance by filing an application with
the Town Clerk using forms provided by the Town for such requests.
Such application shall be accompanied by either a legal description
or tape location map of the property and, as deemed necessary by the
Zoning Board of Appeals, plans and elevations necessary to show the
proposed variance, other drawings or information necessary to an understanding
of the proposed use and its relationship to surrounding properties,
and a filing fee as required in the Town's fee schedule, established
by the Town Board.
(3)
Granting or denial of variances.
(a)
Area variances.
[Amended 8-8-2005 by L.L. No. 4-2005]
[1]
In making its determination on an application for an area variance,
the Zoning Board of Appeals shall take into consideration the benefit
to the applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination the Board shall
also consider whether:
[a]
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
granting of the variance;
[b]
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
[c]
The requested area variance is substantial;
[d]
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(b)
Use variance.[3]
[1]
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship the applicant shall demonstrate
to the Zoning Board of Appeals that for each and every permitted use
under the zoning regulations for the particular district where the
property is located:
[a]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[b]
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
[c]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
[d]
That the alleged hardship has not been self-created.
[2]
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(4)
Public hearing for variances. Before the Zoning Board of Appeals
may act on a request for a variance, it shall hold a public hearing.
Notice of said hearing shall be given as provided in § 267
of the Town Law, and a decision shall be rendered within 62 days of
the final hearing date.
[Amended 2-10-1997 by L.L. No. 1-1997[4]]
(5)
Limitations on variances. Subject to an extension as granted by the
Town Zoning Board of Appeals, no variance of the provisions of this
chapter shall be valid for a period longer than one year, unless a
building permit is issued and construction is actually begun within
that period and is thereafter diligently pursued to completion, or
unless a certificate of occupancy is issued and a use commenced within
such period.[5]
[5]
Editor's Note: Original § 125-76C, Zoning Board
of Appeals accessory and professional office/home occupation permit
authority, which immediately followed this subsection, as amended
12-2-1991 by L.L. No. 6-1991, 3-4-1992 by L.L. No. 2-1992, and 2-10-1997
by L.L. No. 1-19997, was deleted 3-12-2001 by L.L. No. 1-2001.
(6)
Imposition
of conditions. The Zoning Board of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property. Such conditions
shall be consistent with the spirit and intent of this chapter, and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
[Added 8-8-2005 by L.L. No. 4-2005[6]]
C.
Appeals from Zoning Board of Appeals decisions. Any person aggrieved
by any decision of the Zoning Board of Appeals may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceedings shall be instituted within 60 days
after the filing of a decision in the office of the Town Clerk.[7]
The Town Board may, by resolution, appoint the same persons
to the Planning Board and Zoning Board of Appeals for the terms heretofore
fixed.
