The Zoning Inspector shall have the power to enforce this chapter
and shall be appointed and may be removed by the Town Board. An appeal
from a ruling by the Zoning Inspector regarding this chapter shall
be heard by the Zoning Board.
An application and appeal provided for in this chapter shall
be made on forms prescribed by the Town Board and accompanied by plans
and specifications required by this chapter. Fees shall be paid to
the Zoning Inspector upon the filing of an application. Such fees
shall be as established by Town Board resolution and are not refundable.
[Added 12-3-2019 by L.L. No. 11-2019]
A. Application
and fees. An application for a preapplication conference shall be
made on forms and with plans, specifications, and fees required by
this chapter.
B. Procedure.
A preapplication conference is required prior to filing an application
for a planned unit development, country hamlet and major subdivision
and recommended prior to filing an application for site plan approval
or special use permit. The preapplication conference allows early
review of a concept development plan by Town department heads, staff,
and the public. A request for a preapplication conference shall be
submitted to the Town Planner for site plan approval and planned unit
development or to the Zoning Administrator for a special use permit.
The Town Planner and Zoning Administrator shall notify the applicant
of the date and time of the preapplication conference and post the
date and time of the preapplication conference on the Town's website
calendar. The public is invited and encouraged to attend the preapplication
conference. The preapplication conference shall include review of
the concept of the proposal and compliance with this chapter's requirements
and discussion of any potential site plan and development issues.
The preapplication review shall be nonbinding. Prior to the preapplication
conference, each applicant is encouraged to discuss the concept proposal
with adjacent and potentially impacted property owners and ascertain
local concerns and consider mitigation measures early in the design
process. Within seven business days of the preapplication conference,
the Town Planner and/or the Zoning Administrator shall post a summary
of items reviewed and list of attendees on the Town's website.
In a case where a special use permit or variance is denied by
the Zoning Board, or a site plan is denied by the Planning Board,
unless stated to be without prejudice, the application shall not be
eligible for resubmittal for the period of one year from the date
of the denial, unless, in the opinion of the reviewing board, new
evidence is submitted or conditions have changed such that further
consideration is warranted.
No structure shall be erected, altered, placed, moved or demolished,
nor shall an excavation be made or footing or foundation be constructed
therefor, until a permit has been issued by the Zoning Inspector and
such permit is prominently displayed upon the premises. This requirement
applies equally to the construction or installation of underground
structures, including sewage disposal systems. Such permit shall expire
180 days after the issuance thereof unless construction shall have
been commenced within this period, and it shall expire 12 months after
date of issue. The Zoning Inspector may, for good cause, grant two
six-month extensions of the above time period.
No structure shall be built or erected unless it meets the NYS
Uniform Fire Prevention and Building Code. All proposed structures
shall be reviewed by the Building Department to assure conformance
with the NYS Uniform Fire Prevention and Building Code.
Upon the completion of a structure legally erected or altered,
as required by this chapter, a permit for the occupancy of the structure
and the use designated in the building permit shall be issued within
10 days of a written request for inspection. No structure shall be
occupied or the premises used until such permit is issued, and such
certificate shall automatically become invalid upon a change in use
of the premises.
Pursuant to NYS Town Law § 271, the Planning Board
shall consist of seven members appointed by the Town Board, which
shall designate the Chairman and may appoint an alternate member thereof,
in such manner and for such terms as provided in NYS Town Law. The
Planning Board shall have authority established for it by statute
and this chapter, and may establish necessary rules and regulations.
Pursuant to NYS Town Law § 267, the Zoning Board of
Appeals shall consist of five members appointed by the Town Board,
which shall designate the Chairman and may appoint an alternate member
thereof, in such manner and for such terms as provided in NYS Town
Law. The Zoning Board shall have authority established for it by statute
and this chapter, and may establish necessary rules and regulations.
No real property shall be subdivided into two or more lots, or any lot line changed, until a map of such subdivision, drawn to a scale as prescribed by the Planning Board, showing such lots and any streets laid out in connection therewith, shall have been approved by the Planning Board and filed with the Albany County Clerk's office in accordance with Chapter
247, Subdivision of Land.
[Amended 12-3-2019 by L.L. No. 11-2019; 5-17-2022 by L.L. No. 4-2022]
When the Town Board, Planning Board or Zoning Board is required
to hold a public hearing, as provided for in this chapter or elsewhere
by law, notice of the hearing shall be given in the following manner:
A. Each notice of a hearing on a special use permit, subdivision, site
plan approval, use variance, area variance, planned unit development,
country hamlet, rezone or other land use development application shall
be published in an official newspaper of the Town at least 10 days'
prior to the date of the hearing.
B. Each notice of a hearing regarding an amendment to this chapter shall
be published at least one time in an official newspaper of the Town
at least 10 days' prior to the date of the hearing. All other
provisions of NYS Town Law § 264 shall be adhered to.
C. Each notice of a hearing on an appeal authorized by this chapter
shall be published in an official newspaper of the Town not less than
10 days prior to the date of the hearing.
D. Each notice of a hearing shall comply with the notice provisions of Chapter
62.
E. The Town Board, Planning Board or Zoning Board may continue a hearing
to obtain additional information or upon request of the applicant.
At the time of recessing, the time and date of the resumed hearing
shall be announced, if possible. If no date of resumption is announced
or if the hearing is recessed for a period of three months or more,
public notice of resumption of the hearing shall be published.
F. Supplemental notice of public hearing. Within seven days of filing
an application for site plan approval, special use permit, use variance,
planned unit development, country hamlet, rezone or major subdivision,
and at least 10 days before the scheduled public hearing, the applicant
shall post placards with required notice at the subject property as
follows:
(1) Placard. Each placard shall contain the required notice on a board
measuring a minimum of 24 inches by 36 inches, placed in a weather-protective
covering, and posted at a height of five feet. The applicant shall
maintain the placards and required notice during the review process.
(2) Required notice. The notice shall state in a minimum size 36 font:
THE PROPERTY LOCATED AT [STREET ADDRESS(ES)] IS SUBJECT TO AN APPLICATION
BY (NAME OF APPLICANT) FOR (PROJECT DESCRIPTION). THE APPLICATION
IS AVAILABLE FOR PUBLIC INSPECTION AT THE BUILDING DEPARTMENT AND/OR
PLANNING DEPARTMENT.
(3) Approval. The Town Planner for site plan approval and planned unit
development, country hamlet, and major subdivision applications and
the Zoning Administrator for special use permit applications shall
approve the content of the proposed notice and the number and locations
of the placards and is authorized to amend this subsection's
requirements as appropriate.
(4) Affidavit of compliance. The applicant shall submit an affidavit
attesting to the posting of the required supplemental notice to the
Town Planner or Zoning Administrator at least five days before the
scheduled date of the public hearing.
No building permit shall be issued for the construction, remodeling or rehabilitation of any building until all utilities and road improvements required by the Town Board, Zoning Board or Planning Board have been completed and accepted by the Town, except as may be otherwise authorized by Chapter
247, Subdivision of Land.