The Zoning Board of Appeals is hereby appointed by the Town
Board as the designated approval authority as it pertains to denying
or granting an area variance as set forth in this article.
The designated approval authority shall conform to the procedures
prescribed in § 267-b 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 area variance 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 detailed statement of need that will aid the designated approval
authority in their review and comprehension of the application.
C. A detailed statement that explains the requested area variance(s)
against the factors set forth in § 267-b of the Town Law
of NYS, as currently in effect and as hereafter amended from time
to time.
D. A site plan prepared and sealed by a land surveyor or registered
design professional. Exemption(s):
(1)
An existing survey, which is certified by a land surveyor or
registered design professional, of the lot of record that is the subject
of such variance can be substituted in lieu of a new site plan. (Note:
Tax Maps maintained by the county are not legal instruments and cannot
act as a substitute for legally recorded maps, surveys, or other documents.)
E. A short or full EAF, if an environmental review is mandated by SEQRA.
F. Any other information deemed necessary by the designated approval
authority to explain the nature of the area variance, its potential
environmental impacts under SEQRA, and its consistency with the standards
established by this chapter.
The designated approval authority may include in an area variance
such terms and conditions as he, she or they deem necessary or appropriate
to ensure safety or to further the purposes and intent of this chapter.
An area variance shall not expire unless the scope of the work
proposed in the application is not operated or completed within one
calendar year from the date of issuance. The Code Enforcement Officer
is authorized to grant, in writing, one or more extensions of time,
for periods not more than one calendar year each. The extension shall
be requested by the owner and justifiable cause demonstrated.
An area variance is transferable due to the fact that such variance
"runs with the land" since it applies to a lot of record and/or structure,
which such lot of record and/or structure is not contingent on ownership.
The designated approval authority is authorized to revoke an
area variance issued under the provisions of this article when it
is found, by inspection or otherwise, that there has been a false
statement or misrepresentation as to the material facts in the application
or documents on which such variance was based, including, but not
limited to, any one of the following:
A. The area variance is used for a lot of record and/or structure other
than that for which it was issued.
B. The area variance is used for a lot of record and/or structure other
than that listed in such variance.
C. Conditions and/or limitations set forth in the area variance have
been violated or not satisfied.
D. There have been any false statements or misrepresentations as to
the material fact in the application for an area variance or any attached
documents.
E. The owner failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this chapter within
the time provided therein.
F. The area variance was issued in error or in violation of this chapter.