A.
No development may be commenced within the Town of New Hartford prior
to the issuance of all relevant permits or approvals. The types of
permits and approvals include the following:
(1)
Building permits and certificates of occupancy. The issuing, posting and expiration of building permits and the issuance of certificates of occupancy will be done according to Chapter 65 of the Code of the Town of New Hartford.
(2)
Planned development districts. All planned development district applications shall be subject to the provisions of Article VII.
(3)
Site plan approvals. Site plan review and approval shall be required
for all proposed uses as listed in Schedule A of this chapter.[1] The site plan review and approval process is provided in Article X.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Change of use or structure. A change of use is the initiation of
a use that is in a different use category, as listed in Schedule A
of this chapter, from the existing use of the site or structure. A
change of ownership, tenancy, or occupancy, or a change from one use
to another within the same category, shall not be considered a change
of use, unless the change would result in the enlargement of a structure;
a change in vehicular circulation on the lot changing ingress or egress
from the lot; the addition of 10 or more surface parking spaces; or
the addition of four or more parking spaces or a twenty-five-percent
increase in parking spaces, whichever is greater.
(1)
Uses by right. Any change of use of land or existing structures to a use permitted by right without site plan review shall not require approval from the Planning Board unless such use is to be located in a structure on a lot that does not meet the minimum lot size and setback requirements of this chapter. (See §§ 118-113, Nonconforming lots, and 118-114, Creation of substandard lots prohibited.) This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Code Enforcement Officer under Chapter 65 of this Code.
(2)
Uses by right subject to site plan review. Any change of the use of an existing structure to a use permitted by right subject to site plan review (See § 118-90.) shall require site plan review only if it involves the construction or enlargement of a structure; a change in vehicular circulation on the lot changing ingress or egress from the lot; the addition of 10 or more surface parking spaces; or the addition of four or more parking spaces or a twenty-five-percent increase in parking spaces, whichever is greater; or the enlargement or addition of signs.
(3)
Uses by special use permit.
(a)
A special use permit shall be required for any change of use
from a use that does not require a special use permit to a use that
does require a special use permit.
(b)
Once a special use permit has been granted, it shall run with
the land and apply to the approved use and to all subsequent owners,
tenants, and occupants engaged in the same use. The special use permit
shall also apply to any subsequent use of the property in the same
use category, provided that such use has no greater impact on adjoining
properties, complies with all terms and conditions of the special
use permit, and does not involve new construction, enlargement, exterior
alteration of existing structures, increased parking, or other changed
use of outdoor areas. Any change to another use allowed by special
use permit shall require the granting of a new special use permit
or a special use permit amendment.
(4)
Rebuilding, replacement and expansion of structures. The rebuilding
or replacement on the same footprint of any structure for a use which
requires site plan review and/or a special use permit shall require
site plan review, even if it is a continuation of the same use.
The Town Board, Planning Board or Zoning Board of Appeals may,
at its discretion, engage the services of planning, engineering, legal,
environmental or other professional consultants, at the expense of
the applicant, for the review of applications involving significant
issues beyond the scope or complexity of normal review. The Planning
Board and Zoning Board of Appeals may require costs to be paid in
advance into an escrow account to be held and managed by the Town
and may deny an application upon failure of the applicant to make
such payment in a timely manner. The Town Attorney shall establish
the terms of the account in consultation with the Planning Board and/or
the Zoning Board of Appeals and shall provide a monthly accounting
of the escrow account to the applicant and provisions for further
funding of the escrow account when the balance is drawn down to a
specified amount.
A.
Performance bond. Such bond shall be in an amount not to exceed 120%
of the cost of installation of improvements. Such bond shall be issued
by a financial institution in New York State and shall be satisfactory
to the Town Attorney as to form, sufficiency and manner of execution
and satisfactory to the Town Board as to surety. The bond shall be
released only by resolution of the Town Board when all requirements
and completion of improvements have been satisfactorily met by the
applicant. The responsibility for determining that improvements have
been satisfactorily met shall rest with the Town Engineer, who shall
report to the Town Board.
B.
Letter of credit. An irrevocable letter of credit from a bank or
other reputable financial institution in New York State may be accepted
by the Planning Board in lieu of a performance bond. Such letter of
credit shall be satisfactory to the Town Attorney as to form, sufficiency,
manner of execution and institution.
C.
Escrow account. The deposit of cash, by the applicant, with the Town
or its designated bank is to be held in escrow pursuant to an escrow
agreement. The escrow agreement shall be satisfactory to the Town
Attorney as to form, sufficiency and manner of execution and financial
institution.
The Town shall comply with the provisions of the New York State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in Title
6, Part 617, of the New York Codes, Rules and Regulations. Upon receipt
of any complete application, the Town or any officer, department or
board of the Town shall initiate the New York State environmental
quality review process by issuing a determination of significance.
Applications and hearings required by this chapter may be subject
to §§ 239-l, 239-m, 239-n and 239-nn of New York State
General Municipal Law.
