The Zoning Board of Appeals is hereby appointed by the Town
Board as the designated approval authority as it pertains to hearing
and deciding appeals from and reviewing any order, requirement, decision,
interpretation, or determination made by the Code Enforcement Officer.
The designated approval authority shall conform to the procedures
prescribed in § 267-a of the Town Law of NYS, as currently
in effect and as hereafter amended from time to time, as it pertains
to its actions on an application for an appeal.
A. Integration of procedures. Whenever a particular application requires
multiple review(s) and approval(s), the designated approval authority
shall integrate, to the extent practicable and consistent with any
applicable law, his, her or their review and approval process.
An applicant applying for an appeal shall submit a complete
application to the Code Enforcement Officer, along with any applicable
fee and payment of incurred costs. Such application shall be in writing
on a form furnished by the Town for that purpose. At a minimum, such
application shall contain all of the following:
A. The applicant's contact information and signed consent to the
filing of this application.
B. A Short or full EAF, if an environmental review is mandated by SEQRA.
C. A copy of the order, decision or determination made by the Code Enforcement
Officer that is the subject of the appeal.
D. A written statement by the applicant that explains how the Code Enforcement
Officer incorrectly interpreted the requirements of this chapter,
the provisions of this chapter do not fully apply or an equal or better
form of compliance is proposed.
An application for an appeal shall be based on a claim that
the true intent of this chapter or the requirements legally adopted
thereunder have been incorrectly interpreted, the provisions of this
chapter do not fully apply or an equal or better form of compliance
is proposed.
The designated approval authority shall have no authority to
amend or waive any requirement of this chapter.