A.
Purpose. This article is intended to provide the general procedures,
requirements, and review criteria for all development and permit applications
submitted to the Town.
B.
Applicability. The provisions of this section apply to all the articles in this Part (Part 6) unless otherwise stated.
C.
Review body. For the purposes of this chapter the terms "reviewing
body," "review body," or "decision-making body" shall refer to any
Town board, commission, committee, or agent with review and/or approval
authority as enacted under this chapter.
D.
Unresolved violations.
1)
Applications shall not be accepted for review that include a parcel(s)
for which there is an outstanding, unresolved written violation from
the CEO that is not the subject of said application.
2)
Applications which address such outstanding, unresolved violation
may be accepted provided the application includes actions to rectify
the violation.
A.
Purpose. The purpose of the pre-application conference is to provide
the applicant with the opportunity to seek nonbinding, advisory direction
from the Town in order to better prepare the applicant and project
application for the site plan review process.
B.
Conference recommended. It is recommended that applicants request
a pre-application conference prior to entering the formal application
review process to discuss the nature of the proposed application and
to determine the best course of action for submittal.
C.
Conference representatives. By request of the applicant, pre-application
conferences may be held with the CEO and/or the appropriate application
review body. A conference with the reviewing body may be held during
a scheduled public meeting.
D.
Advisory opinion. In no way shall any comments or feedback provided
by the Town during a pre-application conference be construed as an
indication of decision or be legally binding in any way.
E.
Application material. Materials presented during the pre-application
conference may be incomplete and/or conceptual in design. A formal,
complete application is required to be considered for approval prior
to action.
A.
Form of application.
1)
Applications required under this chapter must be submitted to the
CEO in a form and in such numbers as required herein.
2)
Applications must be filed and accepted at least two weeks (14 days)
prior to the date of the scheduled meeting of the applicable review
body.
3)
The following number of copies shall be required for application
submittal:
i.
All applications: one electronic copy in PDF or other acceptable
form.
ii.
Administrative applications: at least two hard copies.
iii.
Planning board applications: at least eight hard copies.
iv.
Zoning board applications: at least seven hard copies.
v.
Applications requiring county referral: at least one additional
hard copy.
4)
The Town may provide checklists of application submittal requirements
and make those checklists available to the public. Application forms
and checklists of required submittal information may be made available
in the Town Office.
B.
Application acceptance.
1)
The CEO shall indicate that an application is considered accepted
and ready for processing only if it is submitted in the required number
and form, includes all required information, and is accompanied by
the required filing fee.
2)
The acceptance of an application by the CEO shall in no way shall
be interpreted as a determination of the completeness, adequacy, or
accuracy of application materials, but rather serves as an acknowledgement
to the receipt of required application materials.
3)
If an application is determined to be inadequate, the CEO must provide
paper or electronic written notice to the applicant along with an
explanation of all known deficiencies that will prevent competent
review of the application.
4)
No further processing of the application will occur until the deficiencies
are corrected. When the deficiencies are corrected, the application
will be placed in the next available processing cycle. If the deficiencies
are not corrected within 62 days, the application will be considered
withdrawn.
5)
The CEO may require that applications or plans be revised before
being placed on the agenda of the reviewing body if the CEO or reviewing
body determines that:
i.
The application or plan contains one or more significant inaccuracies
or omissions that hinder timely or competent evaluation of the plan's/application's
compliance with zoning law standards; or
ii.
The application contains multiple minor inaccuracies or omissions
that hinder timely or competent evaluation of the plan's/application's
compliance with zoning law standards.
iii.
Additional application materials are necessary for an adequate,
informed review.
C.
Application filing fees.
1)
Application filing fees are required for processing permits and applications
to the CEO, Town Board, Planning Board, and Zoning Board of Appeals.
2)
Fees shall be determined and set by the Town Board. A fee schedule
shall be kept on file at the Town Office.
3)
The payment of fees is not required with applications initiated by
the Town Board or other authorized review body of the Town.
4)
Application fees are nonrefundable.
D.
Waiving application requirements. The Planning Board is authorized
to waive or modify, in whole or in part, required application material
in the event any such requirements are found not to be requisite in
the interest of the public health, safety or general welfare or inappropriate
to a particular application.
E.
Additional application requirements. The reviewing body may require
the applicant to provide additional material necessary for a complete,
adequate, and informed review. Such additional material shall be deemed
necessary by a majority vote of the reviewing body.
Fee reimbursement as set forth in Chapter 175 of the Code of the Town of Manchester, but not limited thereto, shall be applicable to all reasonable administrative costs, expenses, and disbursements incurred by the Town of Manchester in reviewing and processing applications, which may or may not be approved. The assessment of such fees shall be subject to the audit of the Town Board. Reasonable costs may include, but are not limited to, the following:
A.
Professional review. Any engineering, architectural, historical,
planning, technical, environmental, attorney, or other expert or professional
consultant fees obtained to aid in the review of an application.
B.
Noticing fees. Any costs for the mailing, posting, or otherwise distributing
public hearing notices as required for the application under consideration.
A.
Public hearing. Where required by NYS Law and regulations of the
chapter, the reviewing body shall hold at least one public hearing
prior to the issuance of a decision on an application.
B.
SEQR. Where required by NYS Law, the review body shall complete all
required documentation and procedures in accordance with the State
Environmental Quality Review Act (SEQRA).
C.
Issuance of decision.
1)
Within 62 days following the close of the public hearing, where required,
the reviewing body shall issue a decision to approve, approve with
conditions or modifications, or deny the proposed application.
2)
No decision may be made by the reviewing body until referral to and
receipt of response by the Ontario County Planning Board is completed,
where required.
3)
Prior to issuing a decision on an accepted application, the reviewing
body shall determine by resolution the application to be complete,
noting any waived or additional application requirements.
D.
Conditions of approval. In issuing a decision, review bodies are
authorized by NYS Town Law to impose such reasonable conditions, restrictions,
and/or modifications as are directly related to the proposal in order
to protect the health, safety, and general welfare of the public to
the greatest extent practicable.
E.
Deferring action. Review and decision-making bodies are authorized
to defer action or continue a public hearing in order to receive additional
information or further deliberate.
F.
Written decisions. A written decision of the review body shall be
promptly filed in the Town Clerk's Office and provided to the
applicant.
A.
Internal referral. The reviewing body may refer any application to
another Town board, committee, department, or official for review,
comment, and advisement. Within 30 days of referral the receiving
body shall submit its recommendation in writing with a summary of
findings to the reviewing body.
B.
Professional referral. The reviewing body may seek the opinion of any engineering, architectural, historical, planning, technical, environmental, legal consultant or attorney, or other expert or professional to aid in the review of an application. Reimbursement of any costs incurred by the Town may be required in accordance with § 325-60.4.
In all cases, the burden is on the applicant to show that an
application complies with all applicable review or approval criteria.
Applications must address relevant review and decision-making criteria.
A.
Conducting public hearings.
1)
The reviewing body shall schedule, notice, and conduct a public hearing
for applications as required by this chapter and NYS Law.
2)
The reviewing body may review multiple applications (e.g., special
use permit and site plan review) for a single property, use, or development
concurrently and may conduct concurrent or joint public hearings,
if desired.
3)
A public hearing for which proper notice was given may be continued
to a later date without providing additional notice as long as the
continuance is set for specified date and time and that date and time
is announced during the public hearing.
4)
If a public hearing is tabled, deferred or postponed for an indefinite
period of time from the date of the originally scheduled public hearing,
new public notice must be given before the rescheduled public hearing.
5)
If the applicant requests a postponement, the applicant must pay
all costs of renotification.
B.
Public hearing notices.
1)
Newspaper. Whenever the provisions of this chapter require, notice
must be published at least 10 days in advance of such hearing in a
newspaper of general circulation within the Town.
2)
Mail. Whenever the provisions of this chapter require, notice must
be sent by mail at least 10 days in advance of such hearing. Such
notice shall:
i.
Be based on the latest property ownership information available
from the Real Property Assessment Records. When required notices have
been properly addressed and deposited in the U.S. mail, failure of
a party to receive such notice will not be grounds to invalidate any
action taken.
ii.
Follow the minimum distance requirement for mailed notices to
nearby property owners as set by NYS Law. Where the provisions of
this chapter may be in conflict, the greater requirement shall apply.
3)
Posted notice. When the provisions of this chapter require, the following
notice shall be made:
i.
Posted notice plainly visible within Town Hall.
ii.
Posted notice placed on the property in question at least 10
days prior to the date of the public hearing. The applicant shall
obtain a public notice sign from the Town and ensure its placement
in a manner that is plainly visible. Upon close of the public hearing,
the sign shall be returned.
4)
Online notice. Notice may also be posted to the official website
and/or social media accounts of the Town.
C.
Re-hearings. A motion to hold a re-hearing to review any order, decision
or determination of the reviewing body not previously reheard may
be made by any member of the Board. A unanimous vote of all members
of the Board then present is required for such re-hearing to occur.
Such re-hearing is subject to the same notice provisions as an original
hearing. Upon such re-hearing the Board may reverse, modify or annul
its original order, decision or determination upon the unanimous vote
of all members then present, provided the Board finds that the rights
vested in persons acting in good faith in reliance upon the reheard
order, decision or determination will not be prejudiced thereby.
A.
Actions requiring permit.
1)
All persons desiring to undertake any new construction, structural
alteration or change to the use of a building or lot shall apply with
the CEO for a building permit. No building or structure shall be erected,
added to or structurally altered until a permit has been issued by
the CEO.
2)
No such building permit or certificate of occupancy shall be issued
for any building where said construction, addition, alteration or
use thereof would be in violation of any provision of this chapter,
except upon written order of the Zoning Board of Appeals.
3)
All applications for such permits shall be in accordance with the
requirements of this chapter and New York State Uniform Fire Prevention
and Building Code.
4)
Agricultural structures not for public use and located in a County
Agricultural District shall not require the issuance of a building
permit in accordance with NYS Agriculture and Markets Law.
B.
Application for a building permit. There shall be submitted with
all applications for building permits two copies of the layout or
plot plan, drawn to scale and showing the actual dimensions of the
lot to be built upon, the exact size and location on the lot of the
building and accessory buildings to be erected and such other information
as may be necessary to determine and provide for the proper enforcement
of this chapter. All applications shall be upon forms provided by
the CEO.
C.
Public records. One copy of such layout or plot plan shall be returned
when approved by the CEO, together with such permit, to the applicant
upon the payment of a fee as indicated in this article. The second
copy, with a copy of each application with accompanying plan, shall
become a public record after a permit is issued or denied.
D.
Water supply and sewage disposal. All water supply and sewage disposal
installations shall conform to the New York State Department of Health
regulations. No plot plan shall be approved by the CEO in any zone
unless such conformity is certified on the plan. Drainage affecting
adjacent properties shall be considered by the CEO before issuing
a building permit, including possible runoff to said properties.
E.
Issuance of building permits.
1)
It shall be the duty of the CEO to issue a building permit, provided
that he or she is satisfied that the proposed structure, premises,
and use thereof conform to all requirements of this chapter and that
all other reviews and actions, if any, called for in this chapter
have been complied with and all necessary approvals have been secured
therefor.
2)
All building permits shall be issued in duplicate and one copy shall
be kept conspicuously on the premises affected and protected from
the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall they perform
building operations of any kind after notification of the revocation
of said building permit.
F.
Denial of permits. When the CEO is not satisfied that the applicant's
proposed development or use will meet the requirements of this chapter,
he shall refuse to issue a building permit, and the applicant may
appeal to the Zoning Board of Appeals for a reversal of the CEO's
decision.
A.
General. No land shall be occupied or used and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the CEO stating
that the building or proposed use thereof complies with the provisions
of this chapter.
B.
Application for certificate of occupancy. All certificates of occupancy
shall be applied for coincident with the application for a building
permit. Said certificate shall be issued within 10 days after the
erection or alteration shall have been approved as complying with
the provisions of this chapter and all other applicable provisions
of the Town Code.
C.
Change or extension of nonconforming use. No nonconforming use shall
be changed or extended without a certificate of occupancy (certificate
of existing use therefor) having first been issued by the CEO.
D.
Application mandatory. No permit for excavation for or the erection
or alteration of any building shall be issued until an application
has been made for a certificate of occupancy.
E.
Record. The CEO shall maintain a record of all certificates, and
copies shall be furnished upon request to any person having a proprietary
or tenancy interest in the building affected.
A.
Complaints of violations. Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the CEO, who shall properly
record such complaint and investigate.
B.
Penalties. A violation of this chapter is hereby declared to be a
criminal offense, punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days, or both, for conviction of each
offense. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Penalties
may be compounding in the case of multiple offenses. Each week's
continued violation shall constitute a separate additional violation,
carrying with it a fine of $50 for each additional day the violation
continues.
C.
Procedure for abatement of violations. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted,
maintained, or demolished or any building, structure or land is used
in violation of this chapter or of any law or regulation made under
authority conferred hereby, the governing body or, with its approval,
the CEO or other proper official, in addition to other remedies, may
institute any appropriate action of proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
premises.
