[Amended 5-24-1991 by L.L. No. 6-1991]
The original or a certified copy of all decisions, approvals, rulings and findings of any board under this Part
1 and of all permits and certificates issued pursuant to this Part
1 shall be retained in the files of the enforcement officer as a permanent public record. A copy shall be retained in the files of the Department of Building and Code Enforcement for the Town of Queensbury. (It is recommended that owners also retain a copy of the plan of the disposal system.)
The local Board of Health may vary or adapt the strict application of any of the requirements of this Part
1 in the case whereby such strict application would result in unnecessary hardship that would deprive the owner of the reasonable use of the land involved.
A. No variance in the strict application of any provision of this Part
1 shall be granted by the local Board of Health unless it shall find all of the following:
(1) That there are special circumstances or conditions, fully described in the findings of the local Board of Health, applying to such land, and that such circumstances or conditions are such that strict application of the provisions of this Part
1 would deprive the applicant of the reasonable use of such land.
(2) That the variance would not be materially detrimental to the purposes and objectives of this Part
1 or to other adjoining properties, or otherwise conflict with the purpose or objectives of any plan or policy of the Town.
(3) That, for reasons fully set forth in the findings
of the local Board of Health, the granting of the variance is necessary
for the reasonable use of the land and, that the variance, as granted
by the local Board of Health, is the minimum variance which would
alleviate the specific unnecessary hardship found by the local Board
of Health to affect the applicant.
B. In granting any variance, the local Board of Health
shall prescribe and attach any reasonable conditions that it deems
to be necessary or desirable.
Variances may be instituted by filing an application with the local Board of Health, using forms supplied by the local Board of Health, which shall include all information reasonably considered by the Board as necessary to make its findings under §
136-18 above, including, among other things, the legal description of property for which the variance is sought, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to fully describe the conditions for which a variance is sought and all other information reasonably considered necessary by the local Board of Health for an understanding of the conditions of the property for which the variance is sought and the relationship thereof to surrounding properties.
Persons adversely affected by an action, omission,
decision or rule by the enforcement officer may appeal such actions
or inactions only to the local Board of Health, which Board shall
render a decision regarding the appeal only after holding a hearing
on the matter.
Unless otherwise stated, all petitions, applications and appeals provided for in this Part
1 shall be made on forms prescribed by the enforcement officer. Completed forms shall be accompanied by whatever further information, plans or specifications as may be required by such forms.
Fees shall be paid upon the submission of applications provided for by the terms of this Part
1.