The following procedures shall apply unless
otherwise modified elsewhere in this Code:
A. Initiation of application. A property owner and its
duly authorized agent or other persons having a contractual interest
shall make an application required under this chapter for the subject
property.
B. Compliance required.
(1) No application for development permit, site plan,
specific permit use, interpretation of any law, rule, ordinance or
regulation, zone change, map amendments or variances shall be accepted
where there are existing violations or delinquent real estate, school,
Town or county taxes assessed against the subject property, except
where such application is intended to cure the violations.
(2) Additionally, proof that all local, state and federal
regulations and permits have been complied with or obtained shall
be submitted as part of the application.
C. Simultaneous processing. Whenever two or more forms
of review and approval are required under this chapter, applications
for those development approvals may be processed simultaneously.
D. Application forms and application filing fees. Applications required under this article shall be submitted in a form and in such numbers as required by the Department. Applications shall be accompanied by the fee amount that shall be established by the Town Board in Chapter
15. The Department shall have the authority to waive application requirements, except fees, that are not applicable to a specific project.
E. Application completeness.
(1) An application shall be considered received when it
is accepted in the required form, includes all mandatory information,
including all exhibits, and is accompanied by the applicable fee and
is determined to be complete by the Department. Such determination
shall be made within 10 days following submission of an application.
(2) If an application is determined to be incomplete,
the Department shall provide written notice to the applicant, along
with an explanation of the application's deficiencies. No further
processing of the application shall occur and no public hearings shall
be scheduled until the deficiencies are corrected. If the deficiencies
are not corrected by the applicant within 30 days, the application
shall be considered withdrawn and the application shall be returned
to the applicant.
F. Referral to Onondaga County Planning Department. Applications
subject to General Municipal Law § 239 shall be referred
to the Planning Department at Onondaga County in accordance with the
provisions of General Municipal Law § 239.
G. Notification for public hearings.
(1) Public hearings shall be required for the following:
(a)
Zoning Map or zoning text amendments by Town
Board.
(b)
Site plan review, for specified uses in §
192-122, by the Planning Board.
(c)
Specific permit uses by the Zoning Board of
Appeals.
(d)
Variances by the Zoning Board of Appeals.
(e)
Interpretation by the Zoning Board of Appeals.
(f)
Subdivision by the Planning Board in Chapter
164.
(2) Setting hearing. For all matters properly brought
before the Town Board, Planning Board or Zoning Board of Appeals for
which a public hearing is required by this chapter, the body charged
with conducting the hearing shall, upon receipt of a completed application,
select a reasonable time and place for such hearing; provided, however,
that such time shall be not later than 62 days following the submission
of the subject complete application, unless the applicant shall agree
to a later time.
(3) Mailed notices.
(a)
The Town Clerk shall be required to mail the appropriate notices for public hearings to all owners of property within 300 feet or the subject property, except for the projects enumerated at Subsection
G(5) herein, which shall be within 1,000 feet of the subject property, as measured between nearest property lines. Where notice by mail is required, it shall be given at least five days in advance of the hearing date by regular United States Mail.
(b)
Notwithstanding the specific notification rules
contained in this section, each Board may, in its own discretion,
and as the case warrants, provide greater notice in the interest of
fuller public participation.
(4) Published notice. Where published notice is required,
it shall be placed in an official paper or a newspaper of general
circulation in the Town at least once, not less than five days before
the date of the hearing. The published notice shall include:
(a)
The general location of land that is the subject
of the application.
(b)
The Tax Map number or street address.
(c)
The substance of the application and the current
zoning district.
(d)
The time, date and location of the public hearing.
(5) Installation of sign at project location.
(a)
The posting of a Town-provided sign by the applicant
for the specified proposal, as provided for herein, shall be required
for the following types of proposals:
[1]
Zoning Map amendments by the Town Board;
[2]
Subdivision by the Planning Board, except for
simple divisions and subdivisions where no new public streets or extensions
thereof are created;
[3]
Specific permit uses by the Zoning Board of
Appeals; and
[4]
Use variances by the Zoning Board of Appeals.
[5]
For all uses enumerated in §
192-43.4 requiring site plan review in the Hamlet District, the applicant shall provide a sign on the lot requiring site plan review.
[Added 9-8-2008 by L.L. No. 8-2008]
(b)
The size, location, number of signs, method
of installation, materials, sign text and rules governing the use,
installation, removal, reimbursement of costs and deposit fees shall
be as directed by the Department.
(c)
The sign shall be provided by the Town of DeWitt
to the applicant for installation at a particular project site. All
costs associated with the installation, upkeep, removal and transportation
of the sign shall be at the expense of the applicant.
(d)
For those activities listed in § 192-20G(5)(A)[1]
through [4] above, the sign shall be installed the earlier of the
following occurrences:
[Amended 9-8-2008 by L.L. No. 8-2008]
[1]
Ten days before the public hearing; or
[2]
Fourteen days after receipt by the Department
of a completed application.
(e)
For the activity listed in § 192-20G(5)(a)[5]
above, the sign shall be installed on the lot after a complete application
is received by the Department and at least five days prior to the
initial appearance at the Planning Board. The sign shall be maintained
by the applicant for a minimum of 14 days and removed no later than
five days following Town of DeWitt discretionary development approval(s).
[Added 9-8-2008 by L.L. No. 8-2008]
H. Filing of approvals.
(1) The Town of DeWitt Town Clerk or Secretary to the
Planning Board and Zoning Board of Appeals shall file all applicable
restrictions and other conditions as approved by the Planning Board,
Town Board or Zoning Board of Appeals as required by the Town Code
with appropriate officers and agencies.
(2) All covenants, deed restrictions, easements and similar
restrictions to be recorded in connection with the approval shall
provide that they may not be modified, removed or released without
the express consent of the Town Board and shall provide that they
may be enforced by the Town of DeWitt.
(3) All filing fees and expenses are the responsibility
of the applicant.
I. Saving clause. Except as otherwise required by statute,
failure to comply with any of the notice requirements as set forth
in this section shall not invalidate any action taken by any Board.
J. Development permits.
(1) No structure shall be erected, improved or altered
and no parcel shall be altered or improved unless a development permit
has been issued for it by the Department.
(2) If such erection, improvement or alteration includes
construction or alteration of any exterior foundation wall or member,
no further construction beyond placement and erection of the foundation
for such wall or member shall be undertaken until a survey, showing
the exact location of the new foundation relative to the boundaries
of the lot on which it is situated, prepared and certified as accurate
by a licensed land surveyor, is submitted to and approved in writing
by the Department.
(3) Except upon a written order of the Board of Appeals,
no development permit shall be issued for any structure or alteration
or use that would be in violation of any of the provisions of this
chapter.
(4) Applications for development permits shall be made
upon such forms and shall be accompanied by such layout or plot plans
as shall be prescribed by the Department to facilitate enforcement
of this chapter in conjunction with the New York State Building Code,
as amended.
(5) Duration of development permits.
(a)
Material construction shall be commenced within
90 days of the issuance of a development permit and shall be continually
pursued thereafter.
(b)
Any development permit not completed within
one calendar year from the date of its issue shall become null and
void, unless extended by the Department in writing for a period not
to exceed six months.
K. Certificates of occupancy or compliance.
(1) No structure hereafter erected shall be used and no
land shall be used or changed in use until a certificate of occupancy
or compliance therefor has been issued by the Department.
(2) No structure hereafter altered shall continue to be
used for more than 30 days after the alteration is completed unless
a certificate of occupancy or compliance shall have been issued by
the Department.
(3) Except upon a written order of the Board of Appeals,
no certificate of occupancy or compliance shall be issued for any
structure or use that would be in violation of any of the provisions
of this chapter.
(4) Applications for certificates of occupancy or compliance
shall be made upon such forms and shall be accompanied by such layout
or plot plans as shall be prescribed by the Department to facilitate
enforcement of this chapter in conjunction with the New York State
Building Code, as amended.
L. Dismissal of application. In addition to other decision
options available, the Planning Board, Zoning Board of Appeals or
Town Board ("Board") may dismiss any application pending before it,
if the Board, in its discretion, reasonably exercised, determines
that the application has not been or is not being actively pursued
and moved forward by the applicant. Any such dismissal may be without
prejudice, as may be determined by the Board.