[Amended 5-11-1995 by L.L. No. 2-1995]
A.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A site development plan shall be a prerequisite for
an application for a building permit for the erection or alteration
of a building, structure or use thereof or the change in the use of
any land area or existing, building or for any development activities,
including the physical alteration of the land form in excess of 100
cubic yards of material or an area of more than one acre.
B.
Permits issued pursuant to this section shall expire in 12 months
unless the project is completed. The Zoning Officer may grant an extension
for time of completion and include any conditions or requirements
deemed necessary or desirable. Applicants shall justify the need for
the proposed extension. Unless such an extension is requested and
approved, further work as described in the canceled permit shall not
proceed until a new permit has been obtained. If a project is not
initiated within six months of the issuance of the permit, the permit
issued shall be considered null and void.
[Amended 5-11-1995 by L.L. No. 2-1995]
A.
The Zoning Officer is hereby empowered under the procedures and requirements
specified herein to issue a site development permit for any plans
regarding the construction or alteration or demolition of any building
or part of any building, or the change in the use of any land area
or part thereof, or for the change in use of any existing building
or for any development activity as defined by this chapter where he
shall determine that such plans are not in violation of the provisions
of this chapter.
B.
No development activities shall commence nor shall any building or
structure be erected, moved, added to or structurally altered or changed
in use without a site development permit therefor issued by the Zoning
Officer. No site development permit shall be issued by the Zoning
Officer, except in conformity with the provisions of this chapter,
unless he receives a written order from the Board of Appeals in the
form of an administrative review or variance as provided by this chapter.
C.
All applications for site development permits shall be made in quadruplicate to the Zoning Officer on forms supplied by him in the details specified in § 300-17 of this chapter.
D.
One copy of the application and supporting documents shall be returned
to the applicant by the Zoning Officer, after he shall have marked
such copy either as approved or disapproved and attested to same by
his signature on such copy. The original and all remaining copies
of the application, similarly marked, shall be retained by the Zoning
Officer.
E.
Where the proposed use is for the expansion or structural alteration
of an existing single-family dwelling or the erection of an accessory
use or structure in an agricultural or residential district, the Zoning
Officer shall carefully consider the application for compliance with
this chapter and may either issue or deny the permit applied for.
When the application is for any other permitted use in any zone, including
the physical alteration of the land form without the construction
of any buildings or structure, the Zoning Officer shall, prior to
the issuance of an permit, refer copies for such plans, drawings and
statements to the Planning Board and the Town Engineer for review
and recommendation; however, the Zoning Officer, in his discretion,
may grant a permit without referral to the Planning Board and the
Town Engineer for any of the following:
F.
All site development permit applications referred to the Planning
Board shall be reviewed to determine that:
(1)
The proposed site development plan is consistent with the goals and
objectives of the Town's Master Plan;
(2)
The proposed improvements are sufficient to adequately serve the
proposed use;
(3)
Adjacent properties are protected from potential negative impacts;
and
(4)
Potential adverse environmental impacts are minimized.
G.
A copy of the complete application and supporting documentation shall
also be transmitted by the Planning Board Clerk to the County Planning
Board for review when required under § 239-m of the General
Municipal Law. Neighboring municipalities shall also be notified in
accordance with General Municipal Law § 239-nn.
[Amended 6-25-2020 by L.L. No. 3-2020]
H.
Prior to reaching a decision on any proposed site plan the Planning
Board may conduct a public hearing on the application in accordance
with Town Law § 274-a.
[Amended 6-25-2020 by L.L. No. 3-2020]
A.
Expiration of site development approval. Approval of a site development
permit shall expire automatically six months after approval is granted,
unless work has commenced on the site.
[Amended 5-11-1995 by L.L. No. 2-1995]
B.
Reimbursable costs. Costs incurred by the Town for consultation fees
or other extraordinary expenses in connection with the review of a
proposed site development plan shall be charged to the applicant in
accordance with the approved fee schedule.
C.
Letter of credit. No building permit shall be issued until all improvements
shown on the site development plan are installed or a letter of credit,
approved by the Town Board, has been provided for the necessary improvements.
The sufficiency of the letter of credit shall be determined by the
Board responsible for approving the permit, after consultation with
the Zoning Officer, Town Engineer, Town Attorney or other officials
as may be appropriate.
[Amended 5-11-1995 by L.L. No. 2-1995]
D.
Inspection of improvements and development. The Zoning Officer shall
be responsible for the overall inspection of site improvements, including
coordination with the Town Engineer and other officials and agencies,
as appropriate. No certificate of compliance shall be granted prior
to a final inspection and determination of conformity to the site
development plan and the New York State Uniform Code.
E.
Integration of site development plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure or the requirements of Chapter 190, Land Use and Public Works, the Town shall integrate, to the extent possible, the requirements of this section with the procedural submission requirements for such compliances. In any case, all state permits and local land use control approvals shall be obtained prior to the issuance of a building permit.
[Amended 5-11-1995 by L.L. No. 2-1995]
Upon written direction of the Town Board, the Zoning Officer
is hereby empowered to issue a special use permit as provided for
by this chapter.
A.
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article XXI in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
[Amended 6-25-2020 by L.L. No. 3-2020]
B.
A special use permit shall authorize only one particular special
use. The special use permit shall expire if the use shall cease for
more than one year for any reason.
C.
No person shall be issued a special use permit for a property where
there is an existing violation of this chapter.
D.
Before any special use permit shall be issued, the Town Board shall
make written findings certifying compliance with the specific rules
governing individual special permit uses and that satisfactory provisions
and arrangements have been made concerning the following, where applicable:
(1)
Ingress and egress to property and proposed structures thereon, with
particular reference to vehicular and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection D(1) above, and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district and the economic impact of the proposed special permit use.
(4)
Utilities as appropriate, with reference to locations, availability
and compatibility.
(5)
Screening and buffering, with reference to type, dimensions and character.
(6)
Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the district.
(7)
Required yards and other open space.
(8)
General compatibility with adjacent properties and other property
in the zone district.
E.
All applications for special use permits shall be made in quadruplicate
to the Zoning Officer on forms provided by him.
F.
The Zoning Officer, after determining that an application is in proper
form, shall transmit copies of the application and all supporting
documents to the Town Planning Board and Town Engineer for review
and recommendation. The Town Planning Board and the Town Engineer
shall review the application and submit a written report to the Town
Board within 45 days following the receipt of the proposal.
G.
The Zoning Officer shall transmit a copy of the complete application
and supporting documents to the County Planning Board for review when
required under § 239-m of the General Municipal Law. Neighboring
municipalities shall also be notified in accordance with General Municipal
Law § 239-nn.
[Amended 5-11-1995 by L.L. No. 2-1995; 6-25-2020 by L.L. No. 3-2020]
H.
The application shall include a site development plan of the special permit use and subject parcel division to scale, which includes all of the data specified in § 300-17 of this chapter.
[Amended 5-11-1995 by L.L. No. 2-1995]
I.
If the Town Board determines that a public hearing would serve no
community benefit, it shall render a decision on the proposal within
45 days of the receipt of written reports from the Town Planning Board
and Town Engineer. If the application was transmitted to the County
Planning Board under Article 12-B, § 239-m of the General
Municipal Law, the Town Board cannot act within the first 30 days
following the referral of the application to the County Planning Board
unless said Board provides a written reply to the Town within the
thirty-day period. The time period to make a determination may be
extended by mutual agreement of the applicant and the Town Board.
J.
If the Town Board determines that the public benefit would be served
by a public hearing, said hearing shall be conducted within 45 days
following the receipt of a written report from the Planning Board.
Within 30 days from the date of such public hearing, the Town Board
shall, by resolution, either approve or disapprove the application
so heard. The thirty-day period available to make a determination
may be extended by mutual agreement of the applicant and the Town
Board.
K.
In approving an application, the Town Board may impose any modifications
or conditions it deems necessary to conform with the goals and objectives
of the Town's Master Plan and its principles of land use and development
and to protect the health, safety or general welfare of the public.
L.
If an application is approved by the Town Board, the Zoning Officer
shall be furnished with a copy of the approving resolution of the
Town Board and he shall issue the permit applied for in accordance
with the conditions imposed by the Board.
M.
If any application is disapproved by the Town Board, the reasons
for such denial shall be set forth in the Board resolution and a copy
of such resolution shall be transmitted to the Zoning Officer. The
Zoning Officer shall deny the application accordingly by providing
the applicant with a copy of the Board's reasons for disapproval.
N.
The Zoning Officer shall inspect the premises of a use authorized
and approved with a special use permit not less than one time each
calendar year. The inspection shall determine that the use is being
operated consistent with the terms and conditions established by the
Town Board in approving the permit. If the Zoning Officer shall determine
that the conditions are not in compliance with the permit, the Zoning
Officer shall nullify the special use permit and set forth the procedures
and requirements for reestablishing the use. The use may not be operated
until a new application is submitted and approved.
O.
The Town Board may waive any requirements for the approval, approval
with modifications or conditions or disapproval of any special use
permit in the event any such requirements are found not to be required
in the interest of the public health, safety or general welfare or
are inappropriate to the particular special use permit.
[Added 6-25-2020 by L.L.
No. 3-2020]
Upon written direction of the Town Board, the Zoning Officer
is hereby empowered to issue a temporary use permit. A temporary use
permit shall only be effective for a period of not to exceed three
months; said permit may be extended by the Town Board not more than
once, for an additional period not to exceed three months.
A.
All applications for temporary use permits shall be made in quadruplicate
to the Zoning Officer on forms provided by him.
B.
The Zoning Officer, after determining that an application is in proper
form, shall transmit copies of the application and all supporting
documents to the Town Planning Board for review and recommendation.
The Town Planning Board shall review the application and submit a
written report to the Town Board within 45 days following the receipt
of the proposal.
C.
The application shall include a site development plan for the temporary use and subject parcel drawn to scale which includes all of the data specified in § 300-17 of this chapter.
D.
The Town Board shall render a decision on the request within 45 days
following the receipt of a written report from the Planning Board.
The forty-five-day period to make a determination may be extended
by mutual agreement of the applicant and the Town Board.
E.
If the Town Board determines that the public benefit would be served
by a public hearing on the proposal, said hearing shall be conducted
within 45 days following the receipt of a written report from the
Planning Board. Within 30 days from the date of such public hearing,
the Town Board shall, by resolution, either approve or disapprove
the application so heard. The thirty-day period available to make
a determination may be extended by mutual agreement of the applicant
and the Town Board.
F.
In approving an application, the Town Board may impose any modifications
or conditions it deems necessary to protect the health, safety or
general welfare of the public, including the period of time for which
the permit shall be valid.
G.
If an application is approved by the Town Board, the Zoning Office
shall be furnished with a copy of the approving resolution of the
Town Board, and he shall issue the permit applied for in accordance
with the conditions imposed by the Board.
H.
If any application is disapproved by the Town Board, the reasons
for said denial shall be set forth in the Board resolution and a copy
of said resolution shall be transmitted to the Zoning Officer. The
Zoning Officer shall deny the application accordingly by providing
the applicant with a copy of the Board's reasons for disapproval.
[Amended 5-11-1995 by L.L. No. 2-1995]
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance shall have
been issued therefor by the Zoning Officer stating that the proposed
use of the building or land conforms to the requirements of this chapter.
B.
Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article XXIV.
C.
Within seven days after the completion of the change in use of a
building or parcel of land, the applicant shall so notify the Zoning
Officer, by registered mail, stating that such action has been completed.
Within 15 days of the receipt of this letter, the Zoning Officer shall
conduct a final inspection of the premises to determine whether the
new use complies with the requirements of this chapter. If the Zoning
Officer determines that said building or use complies with the provisions
herein, he shall issue a certificate of compliance. If it is determined
that the provisions specified herein are not fully complied with,
the Zoning Officer shall specify the violations and the terms and
conditions for remedying these violations. A certificate of compliance
shall not be issued until such violations are corrected.
D.
No nonconforming building or use shall be maintained, renewed, changed
or extended without a certificate of compliance having first been
issued by the Zoning Officer. The certificate of compliance shall
state specifically wherein the nonconforming use differs from the
provisions of this chapter.
Each application for a site development permit, special use
permit and temporary use permit shall be accompanied with a site plan.
The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. The application shall include the following information
and plans for both "before" and "after" conditions:
A.
The location, design, dimensions, use and height of each proposed
building and yard area.
B.
Property boundaries as shown on an accurate map drawn to scale, including
the precise location of the center line of the road, dimensions, North
arrow, date.
C.
A general location map showing the location of the property in relation
to adjacent parcels and total holdings of the applicant.
D.
The location and arrangement of vehicular accessways and the location,
size and capacity of all areas to be used for off-street parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials of all proposed
signs.
J.
The location and capacity of all areas to be used for loading and
unloading and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
L.
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
M.
The location of fire and other emergency zones.
N.
A stormwater pollution prevention plan consistent with the requirements of Chapter 255, Stormwater Management and Erosion and Sediment Control, and § 300-45 of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 300-45. The approved site plan shall be consistent with the provisions of Chapter 255 and § 300-45.
[Added 6-25-2020 by L.L.
No. 3-2020]
O.
Other elements integral to the proposed development as considered
necessary by the Zoning Officer, Planning Board or Town Board, including
a property survey, any and all requirements to comply with the State
Environmental Quality Review regulations (SEQR), other community impacts
and the identification of any state of county permits required for
the execution of the project.
Each application for a permit provided for by this chapter shall
be accompanied by a fee, payable in cash or other form of security
approved by the Town Attorney. Fees shall be established annually
by resolution of the Town Board.
