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.