Article XVII Procedures

No application for site plan review, planned unit development, cluster development, special permits and variances shall be considered where there are existing violations or delinquent real estate Town taxes assessed against the subject property, 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.

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.

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 table below. Applications shall be accompanied by the fee amount that shall be established by the Town Board from time to time. Application fees are nonrefundable, unless otherwise expressly stated. All application forms shall be available from the Town Clerk's office.

	Type of Application	Number of Copies Required
	Site plan review	12
	Special use permit	12
	Variance request	17
	Planned unit development	12
	Cluster development	12
	Certificate of nonconformity	8
	Zoning permit for change of use	8

Application completeness.

An application shall be considered complete, as to form and content, if submitted in the required form, includes all mandatory information, including all exhibits, and is accompanied by the applicable fee. A determination of application completeness shall be made within 15 business days by the Code Enforcement Officer.

If an application is determined to be incomplete, the Code Enforcement Officer shall 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 If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and the application shall be returned to the applicant.

Referral to Ontario County Planning Department. Applications subject to General Municipal Law § 239 shall be referred to the Planning Department of Ontario County in accordance with the provisions of General Municipal Law § 239.

Notification for public hearings.

Matters requiring public hearings. Public hearings shall be required for the following:

Zoning Map or zoning text amendments by Town Board;

Planned Development District designation by Town Board;

Incentive development approval by the Town Board;

Special permit by the Planning Board;

Site plan review by the Planning Board (optional);

Variances and appeals by the Zoning Board of Appeals.

Setting of hearing. For all matters properly brought before the Town Board, 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; provided, however, that such time shall be not later than 62 days following the determination of completeness of the subject application as specified in § 140-145E(1), unless the applicant shall agree to some later time.

Mailed notices.

Except as otherwise specified by New York State Town Law, Article 16, §§ 264, 265, 267A, 274A, and 274B, the appropriate board secretary shall be required to mail the appropriate notices for public hearings to all owners of properties adjacent to the property subject to the public hearing, both within and outside the Town boundaries, and all involved agencies and officials.

Notice by mail shall be given at least 20 days in advance of the hearing date, by regular United States mail, except that notice to Town agencies or officials may be by interdepartmental memorandum.

A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any village, town or county shall be given to the Clerk of such municipality and to the Clerk of the County Legislature at least 10 days prior to the date of such hearing.

Published notice. Where published notice is required, it shall be placed at least once in an official paper or a newspaper of general circulation in the Town and posted on the Town's website not less than five days prior to the hearing, unless specifically stated in Town Law as a longer period of time.

Posted sign. A sign with notice of a public hearing shall be posted by the applicant on the property subject to such hearing at least ten day prior to the public hearing. The sign shall be placed in a location that is visible and legible from the public right-of-way. The applicant shall notify the Town Clerk when the sign has been posted. The Town Clerk may validate the erection of such sign by any means available.

Notice information. All notices shall contain the following information:

The general location of land that is the subject of the application;

The legal description or street address;

The substance of the application, including the magnitude of proposed development and the current zoning district;

The time, date and location of the public hearing;

A phone number to contact the Town; and

§ 140-146 Amendment of zoning text; Zoning Map amendments (rezoning).

A statement that interested parties may appear at the public hearing.

Authority. This chapter and the Zoning District Map may be amended from time to time by ordinance enacted by the Town Board; provided, however, that no such amendment shall be enacted except in accordance with the procedures set out in this section.

Purpose. The amendment process herein established is intended to provide a means for making changes in the text of this chapter and in the Zoning District Map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights but is intended as a tool to adjust the provisions of this chapter and the Zoning Map in light of changing, newly discovered or newly important conditions, situations or knowledge.

Procedure.

Proposal by the Town. Amendments may be proposed by either the Supervisor, the Town Board, the Planning Board or the Zoning Board of Appeals by transmitting such proposal, together with such supporting materials as may seem appropriate, to the Code Enforcement Officer for processing in accordance with the provisions of this section.

Application by owner. When any proposed amendment is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed amendment, or by the owners of 50% or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, addressed to the Town Board, shall be filed with the Code Enforcement Officer. The Code Enforcement Officer may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.

Action by Planning Board.

Within 60 days following the determination by the Code Enforcement Officer that all necessary information has been submitted and the application has been conveyed to the Secretary of the Planning Board, the Planning Board shall transmit a recommendation to the Town Board.

The failure of the Planning Board to act within 60 days shall be deemed a recommendation for the approval of the proposed amendment as submitted.

In making recommendations regarding amendments to the text of the Zoning Chapter or to the Official Zoning Map, as a minimum, the Planning Board shall consider and make findings on the following matters regarding the proposed amendment:

Consistency with the Town's Comprehensive Plan and any other adopted special area plans.

Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood.

Suitability of uses proposed by the zoning amendment for the property affected by the amendment.

Availability of public services and infrastructure generally suitable and adequate for uses allowed within the proposed district.

Public hearing. A public hearing shall be set, advertised and conducted by the Town Board in accordance with § 140-145.

Action by Town Board.

The Town Board shall either refuse the application or adopt, by resolution, the proposed amendment, with or without modifications.

There shall be approval of at least 3/4 of the members of the Town Board in the event that a written protest is presented to the Town Board and signed by:

The owners of 20% or more of the area of land included in such proposed change; or

The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed change, extending 100 feet therefrom; or

The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

§ 140-147 Planned unit development designation.

Within 10 business days of such action, the Town Clerk shall mail notice of the decision to all parties entitled thereto.

Authority. The Zoning District Map may be amended from time to time, by ordinance duly enacted by the Town Board, to provide for Planned Unit Development Districts; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article IX of this chapter.

Purpose. The provisions of this section establish special procedures for amending this chapter to permit the mapping of PUD Districts. The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of developed and stable areas, may impose inappropriate pre-regulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach and, in some cases, the conservation of open space.

Requirements. PUD Districts shall achieve the following objectives:

An alternative development pattern in harmony with the objectives of various Town and regional land use, conservation and development plans.

A creative use of land and related physical development allowing for the conservation of prime agricultural lands.

Diversification in the uses permitted and variation in the relationship of uses, structures and open spaces in developments conceived as cohesive, unified projects.

Unique standards for site and building design.

The preservation and enhancement of desirable site characteristics, such as open space, natural topography, geologic features and the prevention of soil erosion.

Procedure.

Development concept plan approval. The applicant shall provide a development concept plan showing the basic scope, character and nature of the entire proposed PUD without incurring substantial cost.

The development concept plan shall include:

The categories of uses to be permitted;

The overall maximum density of residential uses and intensity of nonresidential uses;

The general:

Location of vehicular and pedestrian circulation systems;

Extent of public and private open space;

Extent of utility systems; and

[d]

Location of residential and nonresidential structures.

The existing and proposed ownership and management of the PUD, including the buildings, landscaped areas and open spaces.

The applicant may, at its option, submit a detailed plan for the proposed PUD simultaneously with the submission of the concept plan. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the development concept plan and to submission of the detailed plan.

Action by Planning Board.

Within 30 days of receipt of the development concept plan, the Planning Board shall transmit to the Town Board its recommendation that the development concept plan either be approved, be approved subject to modifications or not be approved. In considering the development concept plan and formulating its recommendation, the Planning Board shall, in its report, specifically address the standards made applicable to the proposed PUD by Article IX of this chapter.

The failure of the Planning Board to act within 30 days following the conclusion of such meeting, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the PUD plan as submitted.

Public hearing. A public hearing shall be set, advertised and conducted by the Town Board in accordance with § 140-145.

Action by Town Board.

Following the public hearing, the Town Board shall:

Deny the development plan concept;

Approve the development plan with modifications;

Approve the development plan in its entirety, thereby amending the Zoning District Map of the Town to designate the area included in the approved plan as "Planned Unit Development District Number _____."

If the development concept plan is approved with modifications, the Zoning Map shall not be amended until the applicant has filed with the Town written consent of such modifications.

Detailed plan approval.

All detailed plan approvals shall require site plan approval as set forth in § 140-150. A detailed plan shall be deemed not to be in substantial conformity with an approved development concept plan if it:

Exceeds by more than 10% the maximum parking, height, lot coverage and yard requirements approved for the PUD;

Decreases by more than 10% the area approved for public and private open space or significantly changes the general location of such areas;

Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionality; adversely affect their relation to surrounding lands and circulation elements; or significantly reduce their effectiveness as buffers or amenities;

Significantly alters the arrangement of land uses within the PUD;

Provides for uses not included in the approved development concept plan; or

[6]

Exceeds the maximum density for residential uses and the maximum floor area ratio for nonresidential uses.

At any time following the approval of a detailed plan, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the Town, apply for and receive grading permits and approvals necessary for the installation of utilities and streets within the area of the PUD for which detailed plan approval has been given.

If expressly authorized by the approval of the detailed plan, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the Town, apply for and receive building permits for model buildings to be constructed within the area of the PUD.

Final plan approval.

The final plan is the complete, thorough and permanent public record of any PUD on the property. The final plan is intended only to add detail to, and to put in final form, the information contained in the development concept plan and the detailed plan and shall conform to the detailed plan in all respects. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. When properly utilized, the final plan is an essentially clerical step in the PUD approval process. Upon final approval, the final plan shall serve in lieu of other provisions of this chapter as the use, space and bulk, yard and parking regulations applicable to the PUD.

Action by the Planning Board.

Within six months of approval of the detailed plan, or a time frame agreed to by the Planning Board and the applicant, the applicant shall submit an application for final plan approval. The final plan may include the entire area included in the approved detailed plan or one or more stages or units thereof. The final plan shall add necessary detail to, and put in final form, the information contained in the approved detailed plan and shall conform to the approved detailed plan in all respects.

Within 60 days following the submission of the final plan, or such longer period as may be agreed to by the applicant, the Planning Board shall review the plan with respect to its conformity to the approved detailed plan and the compliance of the final plan with any conditions imposed by the approval of the detailed plan and with the provisions of this chapter and all other applicable federal, state and Town codes, ordinances and regulations.

The Planning Board shall take one of the following actions:

Accept the final plan;

If additional information is required, the Planning Board shall inform the applicant of any deficiencies in the plan and allow the applicant an opportunity to remedy such deficiencies. In the event that the applicant should fail or refuse to remedy such deficiencies, the Planning Board shall deny the final plan.

If the Planning Board disapproves the final plan, the applicant may seek an amendment to the detailed plan, pursuant to the procedure set forth above for approval of a detailed plan, or pursue any other remedies permitted by law.

Within seven business days following the final disposition of an application for final plan approval, the Board Secretary shall mail notice thereof to the applicant and to all Town officials, departments or boards whose duties might be affected by such disposition.

When a final plan is approved, the Planning Board shall, within 10 business days of its approval, file a copy of the entire final plan in the permanent records and cause the final plan, or such portions thereof as are appropriate, to be filed with the Town Clerk.

(7)

Adjustments to plan during development. During the development of an approved final plan, the Code Enforcement Officer may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the PUD, whichever is less.

Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the final plan between such circulation element or any structure, whichever is less.

Altering the boundary of any open space by not more than 50 feet, provided that the total amount of open space is not reduced by more than 5%.

Reducing the yard area or open space associated with any single structure by not more than 5%.

Altering any final grade by not more than 10% of the originally planned grade.

(8)

Amendments to final plan. In addition to the adjustments authorized by the Code Enforcement Officer, an approved final plan may be amended or varied by submitting a new site plan to the Code Enforcement Officer. The process for final plan approval shall be followed for all amendments. In the case that the adjustments exceed the thresholds established for the Code Enforcement Officer, the development concept plan approval process shall be followed.

(9)

Enforcement.

If the Code Enforcement Officer finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD as finally approved, he/she shall immediately notify the Town Board of such fact and issue an order stopping any or all work on the PUD until such time as any noncompliance is cured.

Within 60 days of such notice, the Town Board shall either revoke, by ordinance, the final plan approval and direct the Code Enforcement Officer to initiate appropriate amendment procedures to return the affected area of the PUD to an appropriate zoning classification; or shall take such steps as it shall deem necessary to compel compliance with the final plan as approved; or shall require the owner or applicant to seek an amendment of the final plan. In addition, such documents shall require time expiration and reverter language to remedy nonperformance.

Limitations to approvals.

Within six months after the approval of a detailed plan, a final plan shall be submitted to the Planning Board. Failure to submit the final plan will render the detailed plan void.

Within one year after the approval of a final plan, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted, automatically render void the final plan and detailed plan approval and all permits based on such approvals. In addition, such documents shall require time expiration and reverter language to remedy nonperformance.

Appeal.

Appeals of a decision by the Planning Board on a detailed development plan shall be taken to the Zoning Board of Appeals within 30 days of the decision.

An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the PUD may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 140-148 Incentive developments.

Authority. Incentive developments may be approved from time to time, by ordinance duly enacted by the Town Board; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article XIII of this chapter.

Purpose: to provide a mechanism for developers who offer concessions which accomplish goals of the Comprehensive Plan in exchange for an increase in density or permitted use. Since a development receiving an incentive may have negative impacts on transportation systems and other Town services, the review process needs to examine the benefits against the impacts, in a public forum.

Requirement. Any development proposing to receive an incentive in exchange for an amenity must first be granted approval by the Town Board before undergoing site plan review or any other permitting process.

Submission requirements. An application for incentives shall include the following:

A description of the proposed amenities.

The cash value of the proposed amenities.

A narrative which:

Describes the benefits to the community and how the amenity furthers the goals of the Town and the Comprehensive Plan.

Has a preliminary indication that there are adequate sewer, water, transportation, waste disposal, and fire protection facilities to handle the proposed incentive or how such facilities will be provided.

The requested incentive.

A sketch plan of the proposed development.

Procedure.

The Town Board shall refer the application to the Planning Board for its review and comment within 30 days.

The Planning Board may review the proposal for up to 60 days and may forward the proposal to any agency it deems appropriate for such agency's comments.

After receiving comments from the Planning Board, the Town Board shall schedule and hold a public hearing in accordance with § 120-145 of this chapter.

All applicable requirements of SEQR shall be complied with as part of the review and hearing process.

Following review and public hearing, the Town Board shall, within 30 days, do one of the following.

Deny the application for incentive on the grounds that the public benefit does not exceed the expected impacts of the proposal or that there are insufficient facilities to handle the increased density.

Approve the application for incentive in exchange for the proposed amenity.

Approve the application for incentive with modifications which may either decrease the amount of incentive or request a greater amenity. Such an approval shall be agreed upon by the applicant.

Limitation of approval. An approval of an incentive development shall be binding, provided that the applicant obtains all required permits, including site plan review, within one year following such approval.

§ 140-149 Cluster development.

Authority. The Planning Board of the Town of West Bloomfield, as a matter of its original jurisdiction and subject to the procedures, standards and limitations hereinafter set out, may permit, simultaneously with the approval of a subdivision plat, deviations from the zoning requirements established by this chapter governing the average density of population permitted in the zoning district where such land lies.

Purpose. Cluster development procedures are established to provide an administratively uncomplicated method to permit minor modifications of the yard, bulk and space requirements, other than minimum open space requirements, minimum lot area per unit and per-bedroom requirements and lot coverage requirements, applicable in the various districts established by this chapter. Cluster development permits the grouping of structures in order to plan more usable open space or to preserve open space or historic or scenic features without exceeding overall density or land coverage requirements.

Cluster development standards.

Authorized uses. No use shall be authorized by a cluster development permit except uses permitted or permissible in the district in which such development is to be located. Approval of a cluster development for a use requiring any special approval shall not excuse the requirement of obtaining such special approval.

Density and coverage. No permit for a cluster development shall authorize any increase in the overall density or intensity of development or any increase in the overall lot coverage permitted by the district regulations applicable in the district in which such development is to be located. All land devoted to private street purposes shall be excluded from density, intensity and lot coverage calculations.

Approval criteria. A permit for a cluster development shall be granted only if evidence is presented which establishes:

That the proposed development will be in harmony with the general purpose, goals, objectives, standards and implementing strategies of the Comprehensive Plan and this chapter.

That the proposed building or use complies with all applicable regulations of this chapter except as modified pursuant to the authority of this section.

That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.

That the proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

That the proposed cluster development will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

That the proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

Procedure.

Application. An application for cluster development shall be submitted in such numbers as required by this article. A nonrefundable fee, as established from time to time by the Town Board to help defray administrative costs, shall accompany each application. The Code Enforcement Officer and/or Planning Board may also request such other and further information and documentation as deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.

Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 140-145.

Action by Planning Board.

Within 62 days following the conclusion of the public hearing, the Planning Board shall render its decision either granting the application for cluster development approval, granting it subject to conditions as specified below, or denying the application. The failure of the Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed an approval of the application.

Within 10 business days of such decision or the expiration of such period, the Planning Board Secretary shall mail notice of such decision or failure to act to the applicant; file such decision in the office of the Town Clerk; and, in the event that a cluster development permit is authorized, the Planning Board Secretary shall issue such permit, listing therein any and all conditions imposed by the Planning Board.

Approval or denial.

The Planning Board will issue a final decision on each cluster development. The decision of the Planning Board shall be final and could include:

Approval of the application;

Approval of the application with conditions; or

On the basis of such findings, a declination to approve the application. In any case where an application is denied, the Planning Board shall state the specific reasons and shall cite the specific provisions of this chapter upon which such denial is based.

The Planning Board shall stamp each copy of the application and plans to reflect the action taken and shall return one copy of each to the applicant and shall retain one copy of each in Town records for such period as it may deem necessary or as may be required by law.

Amendments to cluster developments. An approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this chapter, except that site plan review and approval pursuant to § 140-150 shall be required in connection with any such proposed amendment.

Effect of issuance of approval.

Amendment to regulations. The issuance of a permit for a cluster development shall, upon the filing of a plat of such development with the Ontario County Clerk, constitute an amendment of the bulk, space and yard regulations of this chapter applicable to such development, and thereafter such plat shall constitute the bulk, space and yard regulations applicable to such development.

No development or construction authorized. The issuance of a permit for a cluster development shall not authorize the establishment or expansion of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town, including but not limited to a special permit, a certificate of zoning compliance and a building permit.

Limitation on cluster development. A cluster development approval shall become null and void six months after the date on which it was issued unless a building permit is obtained and maintained. If a building permit has not been obtained within six months of the date of approval, the approval shall lapse and be of no further effect.

Appeal.

Appeals of cluster development decisions made by the Planning Board shall be made to the Zoning Board of Appeals within 30 days of the decision.

An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the cluster development may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 140-150 Site plan review.

Authority. Subject to the procedures, standards and limitation set forth in this chapter, the Planning Board shall review and approve, approve with conditions or deny applications for site plans.

Purpose. The site plan review process recognizes that some developments and uses, even though generally suitable for location in a particular district, are, because of their design (materials, size, details), character, nature, complexity or other indicia of probable impact, capable of adversely affecting the goals for which this chapter is established, unless careful consideration has been given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the applicant's attention to such elements.

Site plan review standards.

Site plan review in accordance with this section shall be required in the following cases, with the exception of accessory structures not changing land use or density and projects involving no site or external structure alterations. Site plan review shall be required for any development or redevelopment that includes construction, enlargement or addition to any building or site preparation for a site or use that does not include or require a building as outlined in this section.

The following shall be submitted with all site plans:

Application form, notes and other required written information;

Title of drawings, including the name of the development, the name, telephone number and address of the applicant and the name of the person who prepared the drawing;

Key plan, North point, professional stamp, scale (one inch equals 20 feet or other appropriate scale) and date;

Zoning, land use and ownership of surrounding and adjacent properties, including all structures on adjacent and surrounding properties;

A boundary survey of the proposed development, plotted to scale, and existing topographic features, including contours, spot elevations, large trees, buildings, structures, streets, property lines, utility easements, rights-of-way and land use;

All lot dimensions, including but not limited to lot frontage, lot area, building coverage, lot coverage, front yard, side yard, rear yard, building heights and floor area ratio, where applicable;

(g)

All improvement dimensions, including but not limited to access roads, snow removal/storage areas, parking areas, walkways, buildings, etc.;

(h)

Existing and proposed streets and pedestrian paths immediately adjoining and within the proposed site and the names of all proposed streets;

(i)

Location and dimensions of all parking, loading and stacking areas with access drive;

(j)

Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways and bike ways;

(k)

Location, proposed use, height, building elevations, floor plans and finished floor elevations of all structures;

(l)

Colors, materials, dimensions, access and rooftop plans of all structures;

(m)

Location and proposed development of all open spaces, including parks, playgrounds, etc.;

(n)

Existing and proposed watercourses, direction of flow and the impact on the watershed;

(o)

Drainage plan showing existing and finished grades, stormwater management plan and the impact on the watershed;

(p)

Water supply plan, including existing and proposed location of fire hydrants;

(q)

Sewage disposal method;

(r)

Landscape plan indicating location, type and size of existing trees and vegetation, identifying those to be preserved or removed as well as the location, type and size of trees, vegetation and amenities to be provided;

(s)

Location, design and illumination field of lighting, fences and walls;

(t)

Location and dimension of all signs as required in this chapter;

(u)

Garbage screening and enclosures;

(v)

Size and location of hazardous storage areas;

(w)

Proposed easements, restrictions, covenants and provisions for homeowners' associations and common ownerships;

(x)

Estimated construction schedule and phasing plan for buildings, earthwork and landscaping;

(y)

Tentative budgeting and financing sources.

Procedure.

Application. Applications for site plans shall be submitted in a form and in such numbers as required by this article. A nonrefundable fee, as established from time to time by the Town Board to help defray administrative costs, shall accompany each application. The Planning Board may also request such other and further information and documentation as deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.

Public hearing. A public hearing may be set, advertised and conducted by the Planning Board in accordance with § 140-145.

Action by Planning Board.

Within 30 days following receipt by the Planning Board of a completed application or such longer time as may be agreed to by the applicant, the Planning Board shall cause such application and the attached plans to be reviewed for compliance with this chapter and shall render a decision.

Upon concluding the review of the application, the Planning Board shall return one copy of the applicant's plans marked to show either approval, approval subject to further specified approvals, approvals with conditions, or denial. All conditions shall be clearly and permanently marked on such plans.

Approval or denial.

The Planning Board will issue a final decision on each site plan. The decision of the Planning Board shall be final and could include:

Approval of the application;

Approval of the application with conditions; or

On the basis of such findings, a declination to approve the application: In any case where an application is denied, the Planning Board shall state the specific reasons and shall cite the specific provisions of this chapter upon which such denial is based.

The Planning Board Chairperson shall sign each copy of the application. The Planning Board shall stamp each copy of the application and plans to reflect the action taken and shall return one copy of each to the applicant and shall retain one copy of each in Town records for such period as it may deem necessary or as may be required by law.

Letters of credit.

Each applicant shall be required to provide evidence of the financing plan that the applicant proposes to use to complete the proposed project, which may include a letter of credit or similar security acceptable to the Town. The letter of credit in favor of the Town of West Bloomfield for the estimated cost of required site improvements shall be unconditional and irrevocable for a period of not to exceed two years. The agreement shall also be irrevocable for a period of two years and shall permit the Town of West Bloomfield to enter the subject property and to install such improvements if the applicant fails to do so within the period of time specified in the agreement.

Such letter of credit or similar security, and the agreement, each in a form satisfactory to the Planning Board, shall be submitted prior to obtaining a building permit as a condition of site plan approval.

Should the applicant fail to perform the required site improvements within the agreed period of time, the Code Enforcement Officer shall issue a written notice of such failure to the applicant. It shall be sufficient service of such notice if it is mailed to the applicant at the address provided by him in the site plan application. If the applicant fails to perform the required site improvements within 15 business days of the issuance of such notice, the Town Board is authorized to draw upon the letter of credit or to access any other offered security as may be necessary to cover the costs to the Town to perform work which the applicant failed to perform. The applicant may request a hearing before the Code Enforcement Officer within five days from the issuance of the notice. The hearing will be held before the expiration of the fifteen-business-day notice period.

The letter of credit or other security described in this subsection may be waived by the Planning Board where:

No site improvements or alterations to the site are associated with the application for site plan approval and no site improvement conditions have been attached to such approval.

None of the proposed or required site improvements will have any discernible impact on adjacent private property or on the public right-of-way, and such improvements primarily affect the user of the property and not adjacent property owners or the general public.

Evidence of the applicant's satisfactory completion of prior site plan review projects is offered in lieu of a letter of credit.

Evidence of a satisfactory financing plan that will guarantee completion of the required site improvements.

Effect of issuance of site plan approval.

If the Planning Board shall approve the application, or approve it subject to further specified approvals or to modifications which are acceptable to the applicant, such approval shall not authorize the establishment or expansion of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town.

The issuance of a site plan approval shall not authorize the establishment or expansion of any use or the development, construction, relocation, alteration or moving of any building or structure and shall not abrogate the requirements for any additional permits and approvals which may be required by the codes and ordinances of the Town.

No site plan approval shall be valid for a period longer than one year, or as otherwise extended, from the date of issue, unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period.

Limitations on site plan approval. A site plan approval shall become null and void six months after the date on which it was issued, unless a building permit is obtained and maintained. If a building permit has not been obtained within six months of the date of approval, the approval shall lapse and be of no further effect.

Appeal.

Appeals of site plan decisions made by the Planning Board shall be made to the Zoning Board of Appeals within 30 days of the decision.

An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the site plan may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 140-151 Special permits.

Authority. As a matter of its original jurisdiction, the Planning Board may, subject to the procedures, standards and limitations hereinafter set out, hear, review and finally decide applications authorizing development of uses listed as special permit uses.

Purpose. Special permits are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

Special permit requirements. Any special permit shall be granted only if evidence is presented which establishes that:

The proposed building or use will be in conformity with the general purpose, goals, objectives, standards and implementation strategies of the Comprehensive Plan, including the future land use plan, and this chapter.

The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, essential services and other matters affecting the public health, safety and general welfare.

The proposed building or use will not dominate the immediate vicinity, adversely affect property values in the neighborhood or be constructed, arranged or operated so as to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

The proposed building or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

The proposed building or use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

The proposed building or use will not adversely affect the health and welfare of the neighborhood and Town, including but not limited to adverse effects on:

Water supply, quantity and quality;

Noise and vibration levels;

Dust, particulates and air quality;

Light and glare;

Electrical interference;

Soil erosion and stormwater drainage;

(g)

The environment, site or neighborhood.

Procedure.

Application. An application for a special permit shall be submitted in a form and in such numbers as required by the Planning Board. A nonrefundable fee, as established from time to time by the Town Board to help defray administrative costs, shall accompany each application. The Planning Board may also request such other and further information and documentation as deemed necessary or appropriate to a full and proper consideration and disposition of the particular application. In addition, all applications for a special permit shall comply with all standards imposed on it by the particular provisions of this chapter, unless the Planning Board may waive the standard, authorizing such use.

Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 140-145.

Action by Planning Board.

Within 62 days following the conclusion of the public hearing, the Planning Board shall render its decision that could include:

Approval of the application for a special permit;

Approval of the application with conditions;

Approval of the application for a specified time period based on a finding that the proposed use has potential for adverse impacts and that the operation of the use for a specific period will enable the Planning Board to monitor the use and its impacts.

Denial of the application.

The failure of the Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application.

Within 10 business days of such decision or the expiration of such period, the Planning Board Clerk shall mail notice of such decision or failure to act to all parties entitled thereto and file such decision in the office of the Town Clerk; and, in the event that a special permit is authorized, the Code Enforcement Officer shall issue such permit, listing therein any and all conditions imposed by the Planning Board.

Where the district regulations authorizing any special permit in a particular district impose additional standards to be met by such use in such district, a permit for such use in such district shall be granted only if evidence is presented to establish compliance with such additional standards.

Conditions on special permits.

The Planning Board may impose such conditions upon the premises benefited by a special permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood. Such conditions may be used as a device to grant a permit for a specific time period in order to ensure compliance with all conditions of the approval and this Zoning Chapter.

Such conditions shall be expressly set forth in the resolution authorizing the special permit and in any associated permit.

Violation of such conditions shall be a violation of this chapter.

Such conditions may be required in a specific order.

Such conditions may include but shall not be limited to the following:

Modification of specific features of the site plan to improve the safety of the site for the general public;

Location on a site of activities that generate potential adverse impacts on adjacent uses such as noises and glare;

Placement of trash receptacles;

Location of loading and delivery areas;

Lighting location, intensity and hours of illumination;

[6]

Placement and illumination of outdoor vending machines, telephones, and similar outdoor services and activities;

[7]

Additional landscaping and buffering;

[8]

Height restrictions to preserve light and privacy and views of significant features from public property and rights-of-way;

[9]

Access to natural lighting and solar exposure;

[10]

Ventilation and control of odors and fumes; and

[11]

Dust-control paving.

Amendments to permits. No expansion of a use that is the subject of a special permit shall be permitted, except through the same process as required for initial approval of the special permit.

Effect of issuance of a special permit. The issuance of a special permit shall not authorize the establishment or expansion of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town, including but not limited to a certificate of zoning compliance, a variance, a building permit or a certificate of occupancy.

Limitations on special permits.

A special permit shall become null and void six months after the date on which it was issued, unless a building permit is obtained and maintained. If a building permit has not been obtained within six months of the date of approval, the approval shall lapse and be of no further effect.

A special permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

Appeal.

Appeals of special permit decisions made by the Planning Board shall be made to the Zoning Board of Appeals within 30 days of the decision.

An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the special permit may be taken within 30 days of the filing of such decision, by any person aggrieved or by any authorized officer, department or board of the Town, in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 140-152 Building lot approval.

The Planning Board shall review and grant building lot approval as described and outlined in § 140-117.

§ 140-153 Variances.

Authority. The Zoning Board of Appeals shall have authority, in accordance with the procedures hereinafter established, to authorize use, area or other variances within the Town of West Bloomfield.

Purpose. The variance procedure is intended to provide a means by which relief may be granted from unforeseen particular applications of this chapter that create unnecessary hardships or practical difficulties. Only when such hardships or difficulties are not appropriate for remedy pursuant to other provisions of this article is the variance procedure appropriate.

Variance standards.

Use variance.

"Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations. A use variance is approved subject to specific plans, terms and conditions. Modification of such plans, terms and conditions shall require approval by the Zoning Board of Appeals.

No use variance shall be approved unless the applicant shall establish that carrying out the strict letter of the provisions of this chapter would create unnecessary hardship. For purposes of this section, carrying out the strict letter of a provision of this chapter would cause unnecessary hardship if a variance permitted to be approved by this section would alleviate the hardship and if the applicant establishes the existence of each of the following conditions:

No reasonable return:

The subject lot or parcel is not capable of yielding a reasonable return if used for its present use or developed, redeveloped or used for any other use permitted by this chapter (and not prohibited by any other applicable law) in the district in which such lot or parcel is located.

Such inability to yield a reasonable return must be shown by specific fact, and the unsupported opinion of the owner or those appearing for the owner shall not be accepted as establishing such inability. Proof that the property cannot be used for its highest or best use under the regulations applicable to it or that it could be used more profitably if not subject to such regulations shall not, alone, be sufficient to establish such inability.

Unique circumstances:

The aforesaid inability to yield a reasonable return results from unique circumstances peculiar to the subject lot or parcel which do not apply to or affect other lots or parcels in the immediate vicinity that are subject to the same regulations, which amount to more than a mere inconvenience to the owner and which relate to or arise out of the lot or parcel rather than the personal situation of the current owner of the lot or parcel.

In all cases, proof of such unique circumstances shall include, as one of its elements, proof that the existing uses in the immediate vicinity of the subject lot or parcel are not of such nature and condition as to justify rezoning a reasonable area in the vicinity of the subject property to a classification that would permit the economic use and maintenance of the subject lot or parcel.

Not self-created: The aforesaid inability to yield a reasonable return is not the result of any action or inaction by the owner or their predecessors in title. Acquisition or improvement of the subject lot or parcel at any time after the enactment of the provision sought to be varied shall raise a rebuttable presumption that the owner's inability to realize a reasonable return is the result of his/her own actions.

Essential character of area, surrounding uses and facilities: The variance would not result in a use or development on the lot or parcel in question which would be materially detrimental to the public welfare or materially injurious to the enjoyment, use or development of property or improvements permitted in the vicinity or would:

Materially impair an adequate supply of light and air to properties and improvements in the vicinity;

Substantially increase congestion in the public streets due to traffic or parking or increase the danger of flood or fire;

Unduly tax public utilities and facilities in the area; or

[d]

Endanger the public health or safety.[1]

Editor's Note: Former Subsection C(1)(b)[5], No other remedy, which immediately followed this subsection, was repealed 8-10-2016 by L.L. No. 4-2016.

Area variance.

"Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by:

The dimension, such as size, height and setbacks;

Physical requirements of this chapter;

The expansion, structural alteration or enlargement of a legally existing nonconforming use.

An area variance shall be granted only if evidence is presented that establishes that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. The following standards shall be considered:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the area variance.

Whether the requested area variance is substantial.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.

Procedure.

Application.

[Amended 8-10-2016 by L.L. No. 4-2016]

All applications for variances shall be submitted to the Secretary of the Zoning Board of Appeals on forms provided by the said Secretary and shall be accompanied by such information as may be lawfully required by the Zoning Board of Appeals.

The Secretary of the Zoning Board of Appeals shall transmit copies of the application and all supporting documents to the Code Enforcement Officer for a determination of completeness, and if deemed complete, to the Board of Appeals for action thereon.

Action by Planning Board.

A copy of the complete variance application and supporting documents shall be submitted to the Planning Board for review and recommendation.

Failure to submit a written report within 45 days of receiving the application shall constitute a favorable recommendation of said application by the Planning Board.

Public hearing. A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 140-145.

Action by the Zoning Board of Appeals.

Within 62 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision, approving or denying the variance. The failure of the Board to act within 62 days shall be deemed a denial of the variance.

Within 10 business days following such decision or the expiration of such period, the Board Secretary shall mail notice of such decision or failure to act to all persons entitled to such notice and file such decision in the office of the Town Clerk.

Conditions on variances. Specific conditions and safeguards relating to construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this chapter may be imposed upon the premises benefited by a variance as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set forth in the resolution approving the variance and in the notice informing the applicant thereof and in any zoning permit based thereon. Violation of such conditions and safeguards shall be a violation of this chapter.

§ 140-155 Certificate of nonconformity.

Approval of variance other than requested variance. A variance offering less relief than that requested may be approved when the record supports the applicant's right to some relief but not to the relief requested.

(7)

Effect of variance approval. The approval of a variance shall not authorize the establishment or expansion of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals which may be required by the codes and ordinances of the Town.

Limitations on variances. A variance shall become null and void six months after the date on which it was issued, unless a building permit is obtained and maintained.

Appeal. An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the variance may be taken within 30 days of the filing of such decision, by any person aggrieved or by any authorized officer, department or board of the Town, in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 140-154 Appeals procedure.

An appeal, specifying the grounds for the appeal, shall be filed with the officer, or body, from whom the appeal is taken and with the Zoning Board of Appeals. All appeals and applications shall be made to the Zoning Board of Appeals within 60 days of the date on which the order, requirement, decision or determination appealed from was rendered and shall be on forms prescribed by the Board.

Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.

The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official.

The officer from whom the appeal is taken shall, within 30 days of the filing of the appeal, transmit all papers constituting the record upon which the appeal is taken to the Zoning Board of Appeals.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record, on application, on notice to the officer from whom the appeal is taken and by showing due cause.

If the Zoning Board of Appeals determines that a public hearing is necessary, the Zoning Board of Appeals shall fix a time for the hearing of the appeal, give due notice thereof to the parties, and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent or by attorney.

The Zoning Board of Appeals shall render a decision on each appeal within 62 days of the close of the public hearing on said matter. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Any action by the Zoning Board of Appeals shall be stated in writing and communicated to the person bringing the appeal within five business days after the decision has been made.

This section shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located.

Purpose.

The zoning districts established by this chapter are designed to guide the future use of the Town's land by encouraging the development of desirable residential, commercial and manufacturing-industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety and general welfare.

The continued existence of certain nonconformities is frequently inconsistent with the Comprehensive Plan, and thus the gradual elimination of such nonconformities is often desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity and services.

The regulations of this section are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.

Separate restrictions are established for nonconforming uses of land and structures designed for a permitted use; nonconforming uses of structures not designed for a permitted use; nonconforming structures; nonconforming lots of record; and nonconforming signs.

In the cases of nonconforming uses of land and nonconforming signs, where the degree of incompatibility is frequently great, the investment comparatively small, and the economic life short, elimination of the nonconformity is required after a reasonable amortization period.

Certificate of nonconformity standards. A certificate of nonconformity shall be required for any nonconforming uses, structures, lots and signs in the Town of West Bloomfield prior to the approval of additional applications that may be required. The Code Enforcement Officer shall consider changes in the following in determining the intensity of the use:

Floor area.

Hours of operation.

Volume and type of sales.

Type of processing activity.

Nature and location of storage.

Transportation requirements by volume, type and characteristics.

(7)

Parking characteristics.

(8)

Noise, smoke, odor, glare, vibration, radiation and fumes.

Procedure.

Application. The owner of any nonconformity may at any time apply to the Code Enforcement Officer for certification to establish the legality of nonconformity as of a specified date.

Action by Code Enforcement Officer. Within 45 days following receipt of an application by the Code Enforcement Officer, or such longer time as may be agreed to by the applicant, the Code Enforcement Officer shall cause such application to be reviewed for compliance with this article and shall inform the applicant whether the application has been approved, approved with restrictions or denied.

Approval or denial.

In reviewing an application for certification, the Code Enforcement Officer shall determine if the required documents and proof are in order and determine if the use, lot, structure or sign:

Was lawfully existing at the time of the adoption of the provision creating the nonconformity in question;

Has been in continuous use since its establishment with no period of discontinuance causing abandonment and is not in violation of any provisions of this chapter;

Is of equal or less intensity than the existing nonconformity;

That fire damage is less than 50% to replace new.

The Code Enforcement Officer shall issue a certificate evidencing such facts and setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity is required to be terminated; otherwise, the Code Enforcement Officer shall decline to issue such certificate and shall declare such building, structure or sign to be in violation of this chapter.

Limitations of certificates.

A certificate of legal nonconformity for a nonconforming use shall be valid until the termination of the use.

A certificate of legal nonconformity for a nonconforming structure shall be valid until the demolition of the structure.

A certificate of legal nonconformity for a nonconforming lot of record shall be valid indefinitely or until the lot is merged with another lot for a single development.

Appeal.

Appeal of a decision by the Code Enforcement Officer on a certificate of nonconformity shall be taken to the Zoning Board of Appeals within 60 days of the mailing of the Officer's decision.

§ 140-156 Zoning permits for change of use.

An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the certificate of nonconformity may be taken within 32 days of the filing of such decision, by any person aggrieved or by any authorized officer, department or board of the Town, in accordance with Article 78 of the New York Civil Practice Law and Rules.

Purpose. The purpose of a change of use permit is to provide an easier permitting process for a change of use when no exterior alterations are necessary for such conversion. A change of use permit shall only be granted to those uses which are permitted within the given zoning district.

Requirements. A change of use permit is required for any use which is different from the previous use, provided that such use:

Is permitted with site plan review within the given district;

Will not alter the exterior of the building;

Meets all requirement of this chapter.

Submission requirements: a completed application form.

Procedure. The Code Enforcement Officer shall review the application for a change of use permit and determine if such use meets all other requirements of this chapter.

If such use meets all the requirements of this chapter, the Code Enforcement Officer shall issue a change of use permit within 15 days.