Establishment. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the Town Board is hereby empowered under §  261 of NYS Town Law to regulate and administer the provisions of this Zoning Ordinance.

Powers and Duties. The Town Board shall be responsible for final action regarding the following:

Establishment. The Planning Board is established under the provisions of §  271 of NYS Town Law.

Membership, Appropriations and Terms. The Planning Board shall consist of seven members and its composition, appropriations, terms, vacancies, removals, and appointments shall be in accordance with §  271 of NYS Town Law.

Power and Duties. The Planning Board shall have the following powers and duties.

Establishment. The ZBA is established under the provisions of §  267 of NYS Town Law.

Minutes. The Town Clerk shall keep minutes of all proceedings before the ZBA.

Powers and Duties. The ZBA shall have the following powers and duties.

Designation. The Planning Director shall be responsible for administering the certain provisions of this Zoning Ordinance as may be required under §  8-1-4C.

Delegation of Authority. The Planning Director may designate any staff member to represent the Director in any function assigned by this Ordinance. The Director shall remain responsible for any final action.

Powers and Duties. The Planning Director shall have the following powers and duties.

Designation. The Zoning Enforcement Officer shall be responsible for administering the provisions of this Zoning Ordinance as may be required under § 8-1-4(2)C.

Delegation of Authority. The Zoning Enforcement Officer may designate any staff member to represent the Zoning Enforcement Officer in any function assigned by this Ordinance. The Zoning Enforcement Officer shall remain responsible for any final action.

Powers and Duties. The Zoning Enforcement Officer shall have the following powers and duties.

Delegation of Authority. The Commissioner of Building may designate any staff member to represent the Commissioner of Building in any function assigned by this Ordinance. The Commissioner of Building shall remain responsible for any final action.

Powers and Duties. The Commissioner of Building shall have the following powers and duties.

Before submitting an application for development approval, it is recommended that each petitioner schedule a pre-application conference with the Planning Director and Zoning Enforcement Officer, as applicable, to discuss the procedures, standards and regulations required for development approval in accordance with the provisions of this Zoning Ordinance.

A pre-application conference shall be required for the modification of an existing development without a previously approved site plan.

Courtesy Notices. These notice provisions are not jurisdictional. Failure to provide any notice or to erect or maintain the sign or failure of the notice or sign to provide the information called for shall not affect the validity of any action taken by the ZBA, Planning Board and Town Board.

Required Hearing. A public hearing shall be required for development review as shown in the table below.

The boundaries of the Zoning Map may from time to time be amended, supplemented, changed, or modified as provided by §  264 and §  265 of NYS Town Law.

A rezoning may be initiated by the Town Board, the Planning Board, the Planning Director, the property owner of the property to be rezoned, or an authorized agent of the owner.

A rezoning may also be initiated when the owners of 50 percent or more of the subject property, excluding public streets, in any district present a signed petition to the Town Board requesting a Zoning Map amendment.

An application for rezoning shall be submitted in accordance with §  8-2-2, Application Requirements.

All applications shall be complete in accordance with §  8-2-2D before the Planning Director is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter 104, Environmental Quality Review, can be made.[1]

Upon receipt of a petition for rezoning, the Town Clerk shall transmit the application to the Planning Director for distribution to officials and agencies as deemed appropriate for their review, report and recommendation. Such officials and agencies shall each, within 30 days from receiving the petition, furnish the Planning Director a report pertinent to their respective jurisdictions.

The Planning Director shall prepare a report that reviews the rezoning request in light of any reports, recommendations, applicable plans and the general requirements of this Zoning Ordinance. A copy shall be provided to the Planning Board.

The Planning Board shall schedule a public hearing and give notice in accordance with §  8-2-3, Notice and Public Hearings. The Planning Board shall review the petition and evaluate the report received from the Planning Director.

Within 62 days following close of the public hearing, the Planning Board shall furnish to the town Board and petitioner either its findings that the proposed rezoning is generally consistent with the Comprehensive Plan and the regulations, standards and purpose of this Ordinance or a finding of any failure of such compliance and a recommendation that the rezoning be approved, disapproved or modified.

The Planning Board may include in a favorable report a recommendation that the Town Board establish conditions as a part of any resolution approving the application in order to protect the public health, safety, welfare and environmental quality of the community and is generally consistent with the policies of the Comprehensive Plan and this Ordinance.

An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the petitioner what changes might be necessary in order to receive a favorable report.

The proposed zoning and development plan is generally consistent with the policies of the Comprehensive Plan and this Ordinance;

Whether or not there are adequate services and utilities available or proposed to be made available in the construction of the development;

Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and

Suitability of the subject property for uses permitted by the current versus the proposed district.

Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the Town.

Following completion of Planning Board review and upon written request by the petitioner, the Town Board shall schedule a public hearing and give notice in accordance with §  8-2-3, Notice and Public Hearings. A further public notice shall be published and paid for by the petitioner when a hearing postponement is requested by the petitioner.

If the petitioner does not request a public hearing before the Town Board as provided for by this Ordinance within six months after the Planning Board makes its report, the petition shall be deemed withdrawn.

Upon request, the Town Board shall hold the public hearing and render a decision within 62 days thereafter. The time within which the Town Board shall render a decision may be extended by mutual consent of the petitioner and the Town Board.

If the Town Board approves the amendment, supplement, change or modification to district boundaries or classifications, the Zoning Map shall be amended after publication as required by §  265 of NYS Town Law.

Amending the Zoning Map does not constitute recording of a subdivision plat nor authorize the issuance of building permits. Such actions can only be taken after site plan approval in accordance with §  8-7 or subdivision approval in accordance with the Town of Amherst Subdivision Regulations.

This Section shall apply to applications requesting a zoning map amendment to the PRD, PDD, or TND planned districts and for the Planned Unit Development Process (PUD), as applicable.

A conceptual development plan shall be required to petition to rezone to a planned district or apply for a PUD in an applicable district. The development plan shall become part of the petition for rezoning or the application for a PUD and shall be reviewed concurrently.

The conceptual development plan procedure is established to assure that the proposed petition for rezoning or application for a PUD is consistent with this Ordinance and generally consistent with the policies of the Comprehensive Plan.

A request for rezoning to a planned district or a PUD application may be initiated by the Town Board, the property owner of the property to be rezoned or an authorized agent of the owner.

An application for planned district rezoning or a PUD application shall be submitted in accordance with § 8-2-2, Application Requirements.

All applications shall be complete in accordance with § 8-2-2D before the Planning Director is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter 104, Environmental Quality Review, can be made.

A conceptual development plan shall be included with the application. The precise contents of the development plan shall be established by the Planning Director.

Upon receipt of a petition for planned district rezoning or an application for a PUD, the Town Clerk shall transmit the application and the associated conceptual development plan to the Planning Director for distribution to officials and agencies as deemed appropriate for their review, report and recommendation. Such officials and agencies shall each, within 30 days from receiving the petition, furnish the Planning Director a report pertinent to their respective jurisdictions.

The Planning Director shall prepare a report that reviews the planned district rezoning request or PUD application and the associated conceptual development plan in light of any reports, recommendations, applicable plans and the general requirements of this Zoning Ordinance. A copy shall be provided to the Planning Board.

The Planning Board shall schedule a public hearing and give notice in accordance with § 8-2-3, Notice and Public Hearings. The Planning Board shall review the rezoning petition or PUD application and the associated development plan and evaluate the report received from the Planning Director.

Within 62 days following receipt of the petition by the Planning Director, the Planning Board shall furnish to the Town Board and petitioner either its findings that the proposed planned district rezoning or PUD application is generally consistent with the policies of the Comprehensive Plan and the regulations, standards and purpose of this Ordinance or a finding of any failure of such compliance and a recommendation that the rezoning be approved, disapproved or modified.

The Planning Board may include in a favorable report a recommendation that the Town Board establish conditions as a part of any resolution approving the application in order to protect the public health, safety, welfare and environmental quality of the community and is generally consistent with the policies of the Comprehensive Plan and this Ordinance.

An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the petitioner what changes might be necessary in order to receive a favorable report.

Any person or persons jointly or severally aggrieved by the decision of the Planning Board concerning such plat, or the changing of the zoning regulations of such land, or any decision of an officer, department, board or bureau of the town, may have the decision reviewed by Special Term of the Supreme Court in a manner provided by Article 78 of the Civil Practice Law and Rules provided that the proceeding is commenced within thirty (30) days after the filing of the decision of the Office of the Town Clerk.

Commencement of the proceeding shall stay proceedings upon which the proceeding is appealed from.

In any such proceeding, the person or persons who commence such a proceeding shall be required to reimburse the Town of Amherst for all costs, fees and expenses associated with the production of the record of the action or actions being challenged.

The proposed conceptual development plan meets the purpose and objectives of the PRD, PDD, TND or the district in which the PUD is located.

For a Planned District rezoning, the proposed conceptual development plan shall meet all the use regulations of Part 6. The dimensional requirements of the PRD, PDD, or TND districts must also be met.

A PUD development plan must be consistent with all the applicable use regulations in Part 6 and the purpose statement of the zoning district in which it is located.

Following completion of Planning Board review and upon written request by the petitioner, the Town Board shall schedule a public hearing and give notice in accordance with § 8-2-3, Notice and Public Hearings. A further public notice shall be published and paid for by the petitioner when a hearing postponement is requested by the petitioner.

If the petitioner does not request a public hearing before the Town Board as provided for by this Ordinance within six months after the Planning Board makes its report, the petition shall be deemed withdrawn.

Upon request, the Town Board shall hold the public hearing and render a decision within 62 days thereafter. The time within which the Town Board shall render a decision may be extended by mutual consent of the petitioner and the Town Board.

If the Town Board approves a planned district rezoning the Zoning Map shall be amended after publication as required by § 265 of NYS Town Law.

Amending the Zoning Map or approval of a PUD application does not constitute recording of a subdivision plat nor authorize the issuance of building permits. Such actions can only be taken after site plan approval in accordance with § 8-7 or subdivision approval in accordance with the Town of Amherst Subdivision Regulations.

The determination by the Town Board of whether to approve rezoning to a planned district or a PUD application to adjust any regulations, standards or criteria of this Ordinance shall be based on its review of the proposed conceptual development plan, the report of the Planning Board and the Planning Director and any matters brought forth at the hearing and approval or rejection of a development plan where the Town Board has acted on its own initiative. Such approval shall include the making of the findings specified in § 8-3-5 and § 8-4-5.

The Town Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving an application additional conditions or requirements consistent with this Ordinance and generally consistent with the policies of the Comprehensive Plan.

If such additional conditions or requirements are proposed, the petitioner shall be given notice by the Town Clerk in writing of such additional conditions or requirements within 15 days of the filing of the Town Board's decision. The Zoning Map shall not be amended or the PUD application shall not be deemed approved until the petitioner has filed with the Town Clerk written consent to the development plan as modified. If additional conditions or requirements are imposed by the Town Board, a restriction stating those requirements or conditions shall be noted on the deed. Failure of the petitioner to file consent with the Town Clerk within 62 days of the Town Board's action shall constitute a rejection of the conditions, and the application shall be null and void. Extensions of this period may be granted by the Town Board.

The decision of the Town Board shall be filed in the Office of the Town Clerk within five (5) business days after the decision is rendered. A copy of said decision shall then be mailed to the petitioner by the Town Clerk within three (3) business days of filing.

Any person or persons jointly or severally aggrieved by the decision of the Town Board may have said decision reviewed by the Special Term of the Supreme Court in a manner provided by Article 78 of the Civil Practice Law and Rules. Said proceeding must be commenced within thirty (30) days after the filing of the decision in the Office of the Town Clerk.

In any such proceeding, the person or persons who commence such a proceeding shall be required to reimburse the Town of Amherst for all costs, fees and expenses associated with the production of the record of the action or actions being challenged.

Amendments to conditions and restrictions shall be resubmitted and reviewed for development plan approval as if it were a new application. Any changes subject to the requirements as defined above shall be reviewed first by the Planning Board. The Town Board shall be responsible for final review and action.

Amendments to any other conditions and restrictions for the development plan shall be reviewed and approved in accordance with § 8-7-3

The Town Board shall consider amendments to the text of this Ordinance, as may be desired from time to time.

Such amendments shall be made in accordance with the provisions of this Section.

A request to amend the text of this Ordinance may be initiated by the Town Board, the Planning Board, the ZBA, the Planning Director, the Zoning Enforcement Officer or the Commissioner of Building.

When a text amendment is initiated as described in § 8-5-1C, the Planning Director, Zoning Enforcement Officer or the Commissioner of Building, as applicable, in consultation with the Town Attorney's Office, shall draft an appropriate amendment and present that amendment to the Planning Board.

The Planning Director, Zoning Enforcement Officer or Commissioner of Building, as applicable, shall prepare a staff report that reviews the proposed text amendment request. A copy shall be provided to the Planning Board.

Before taking action on a text amendment, the Town Board shall consider the recommendations of the Planning Board, Planning Director and the Commissioner of Building, and shall schedule a public hearing and give notice in accordance with §  8-2-3, Notice and Public Hearings.

Following the public hearing, the Town Board may approve the amendment, deny the amendment, or send the amendment back to the Planning Director or Commissioner of Building, as applicable, for additional consideration.

In evaluating any proposed amendment of the text of this Ordinance, the Town Board shall consider the following:

In deciding whether to adopt a proposed amendment to this Ordinance, the governing principle before the Town Board is whether the proposed amendment advances the public health, safety or welfare and is consistent with this Ordinance and generally consistent with the policies of the Comprehensive Plan.

Special uses within the zoning districts are generally considered to be uses which are appropriate in a particular zoning district but because of their potential for incompatibility with adjacent uses require individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.

A special use permit shall be required in accordance with the district use tables in Part 3, Part 4 and Part 5.

The ZBA shall hear and decide all applications for special use permits in accordance with § 274-b of NYS Town Law, with the exception of Tier III Solar Energy Systems and dormitories in the NCD zoning district.

The Town Board shall hear and decide all applications for special use permits in accordance with § 274-b of NYS Town Law for Solar Energy Systems and dormitories in the NCD zoning district.

An application for a special use permit shall be submitted in accordance with § 8-2-2, Application Requirements.

All applications shall be complete in accordance with § 8-2-2D before the Zoning Enforcement Officer is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter 104, Environmental Quality Review, as amended, can be made.

Within 62 days following receipt of the application, the ZBA shall schedule a public hearing and give notice in accordance with § 8-2-3, Notice and Public Hearings.

After review of the special use permit application and the public hearing, the ZBA shall make written findings of approval, approval with modifications or conditions, or denial.

After conducting the public hearing, the ZBA shall render a decision within 62 days thereafter. The time within which the decision shall be rendered may be extended by mutual consent of the petitioner and the Board.

The ZBA may approve, approve with modifications, or disapprove the application for a special use permit.

The ZBA shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon approval of a special use permit, any such conditions shall be met in connection with issuance of permits by applicable agents and officers of the Town.

Following completion of Planning Board review of a request for a Tier III Solar Energy System or dormitories in the NCD zoning district, and upon written request by the petitioner, the Town Board shall schedule a public hearing and give notice in accordance with § 8-2-3, Notice and Public Hearings. A further public notice shall be published and paid for by the petitioner when a hearing postponement is requested by the petitioner.

If the petitioner does not request a public hearing before the Town Board as provided for by this Ordinance within six months after the Planning Board makes its report of a request for a Tier III Solar Energy System or dormitories in the NCD zoning district, the petition shall be deemed withdrawn.

Upon request, the Town Board shall hold the public hearing and render a decision on a request for a Tier III Solar Energy System or dormitories in the NCD zoning district within 62 days thereafter. The time within which the Town Board shall render a decision may be extended by mutual consent of the petitioner and the Town Board.

The Town Board may approve, approve with modifications, or disapprove the application for a special use permit for a Tier III Solar Energy System and dormitories in the NCD zoning district.

The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit for a Tier III Solar Energy System and dormitories in the NCD zoning district. Upon approval of a special use permit, any such conditions shall be met in connection with issuance of permits by applicable agents and officers of the Town.

In rendering a decision, the ZBA and the Town Board, where applicable, shall consider and make findings that the proposed use:

Commercial recreation activities not conducted within completely enclosed buildings may be permitted by the Zoning Board of Appeals in accordance with this Section. In evaluating the application for the special permit, In addition to the review criteria in § 8-6-7A, the ZBA may also consider the proximity of any commercial outdoor recreation activities to residential and nonresidential properties, noise, odors, lighting and hours of operation. In approving a permit, the ZBA may impose conditions to eliminate or mitigate off-site impacts of the commercial outdoor recreation activity.

The ZBA and the Town Board, where applicable, may impose such conditions upon the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted.

Such conditions shall be expressly set forth in the resolution authorizing the special use permit.

The petitioner has failed to comply with one or more of the conditions of the prior approval;

Substantial new issues regarding the permit conditions during the operation of the use have arisen;

The general requirements of this Zoning Ordinance have not been met;

There are changes in the area or neighborhood which would be incompatible with the special use.

A special use permit shall become null and void twelve months after the date on which it was issued unless the special use is established within twelve months of the date of ZBA or Town Board approval.

A special use permit shall become null and void upon a finding by the Zoning Enforcement Officer that any of the conditions in the permit have been violated.

A special use permit shall be deemed to authorize only the particular use or its operation for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months.

In accordance with §  274-a of NYS Town Law no construction or site improvement work may commence until site plan approval, where required, has been granted.

Site plan review shall not be required for development of two or fewer single- or two-family lots except in the NCD district.

The addition of residential units to a mixed use development shall be regulated by the provisions for residential units.

Previously approved sites shall be modified in accordance with the following table.

No site plan review shall be required for improvements on an existing single- or two-family lot created as part of a site plan, except in the NCD district.

Notwithstanding the requirements in the table in §  8-7-3, a major site plan may be required if the Planning Director determines that the proposed modifications are not consistent with the intent and objectives of the original site plan approval or generally consistent with the policies of the Comprehensive Plan.

An application for site plan review shall be submitted in accordance with §  8-2-2, Application Requirements.

All applications shall be complete in accordance with §  8-2-2D before the Planning Director is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter 104, Environmental Quality Review, as amended, can be made.

The site plan shall be prepared by a NYS licensed engineer, architect, landscape architect, or surveyor, as appropriate.

The content of the site plan application shall be approved by the Planning Director prior to filing.

A minor site plan requires only Planning Director approval.

Within 30 days of receipt of a complete application, the Planning Director shall, after receiving recommendations from the Town's review agencies and any appropriate reviewing agencies, approve, approve with modifications, or deny the site plan. Where a site plan does not meet the requirements of this Ordinance, the Planning Director shall refer said site plan to the Planning Board for their review.

The Planning Director may grant minor site plan approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with applicable regulations or where additional conditions have been agreed to by the petitioner. If the proposed minor site plan is determined to be consistent with all applicable regulations, the Planning Director shall approve the minor site plan.

The Planning Director shall have sole authority in determining the compliance of a minor site plan with the provisions of this Ordinance and generally consistent with the policies of the Comprehensive Plan.

The date the Planning Director signs the approved minor site plan shall establish the date of approval for a minor site plan.

Action by the Planning Director. Within 30 days of receipt of a complete application, and after receiving recommendations from the appropriate reviewing agencies, the Planning Director shall notify the Planning Board in writing of any comments or recommendations on the action.

The adequacy of usable space for active and passive recreation including pedestrian connections;

Adequacy of open space lands for public ownership and use offered for dedication or other disposition to the town or other public entity; and

Adequacy of school sites and facilities.

The extension of roadways provided to adjacent property.

The proposed site plan is consistent with the development plan if one is required.

The proposed site plan is consistent with the purpose and specific requirements of this Ordinance and generally consistent with the policies of the Comprehensive Plan;

Adequate services and utilities will be available prior to occupancy; and

The site plan is consistent with all other applicable laws.

At any time within 30 days following the initial site plan submission to the Planning Director, the petitioner may submit to the Planning Director site plan modifications which do not materially affect the fundamental character of a proposed site plan, and the time periods stated in this Section shall continue to apply.

If, subsequent to the approval of a site plan by the appropriate authority, the petitioner proposes any modification (other than to correct minor or technical omissions or inaccuracies) of the site plan, the procedures set forth in §  8-2-2, Application Requirements, shall be applicable to such modification, except that the materials submitted to the Planning Director shall relate only to such modification.

Minor modifications to the site plan may be approved by the Planning Director. Minor modifications include:

If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, open space, recreation areas and stormwater management and other public improvements to serve the development in accordance with the applicable criteria in the event that other phases are not constructed.

Each phase shall be provided with temporary or permanent transitional features, buffers or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property.

For developments which are developed in phases, construction of all phases of the development as shown on the approved site plan for that development shall be commenced within five years from the date of that site plan approval. If construction of all phases of a development is not commenced within five years from the date of site plan approval, the phased development is thereafter required to obtain site plan approval in accordance with the current requirements of this Ordinance in effect at the time of the next phase of development for all undeveloped phases of the original site plan. Construction of all phases of a development shall be deemed to have commenced when building permits have been obtained and construction has started for all buildings shown on the approved site plan.

An application for a temporary use permit shall be submitted in accordance with §  8-2-2, Application Requirements.

As part of the application, written permission shall be required of the property owner expressly authorizing the petitioner to submit an application for a temporary use permit.

The ZBA shall schedule a public hearing and give notice in accordance with §  8-2-3, Notice and Public Hearings. The ZBA shall decide upon the temporary use permit by applying the required findings below.

The ZBA may authorize a temporary and revocable use permit for not more than two years for uses or structures that do not conform with the regulations of this ordinance for the district in which it is located.

Such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.

In case of a renewal of such a permit, that all conditions and safeguards previously required have been met.

The proposed use:

A certificate of occupancy or compliance shall be applied for by the owner or their agent and shall be issued by the Commissioner of Building.

An application for a certificate of occupancy or compliance shall be submitted in accordance with §  8-2-2, Application Requirements.

Applications for a certificate of occupancy or compliance shall contain accurate information furnished by the owner or the owner's agent as to size and location of the lot, structures occupying the lot, the dimensions of all yards and open spaces, the use of land or structures and all additional documents as may be required by the Commissioner of Building.

A record of all applications and certificates issued shall be kept in the Office of the Commissioner of Building and shall be made available to the public during regular office hours.

The present use of the building or land;

If such use conforms to all the provisions of this Ordinance; or

If it is a lawfully existing nonconforming use.

Certain signs are allowed without a building permit for a sign (as set forth in §  7-8). Signs requiring permits are allowed in accordance with the following requirements.

A coordinated sign plan may be required prior to the issuance of a building permit for a sign in accordance with §  8-11, Coordinated Sign Plan.

The Commissioner of Building shall review each application for a building permit for a sign application for conformity with this Ordinance and act to approve, approve with conditions, or deny the permit.

The Commissioner of Building may grant approval with conditions only to the extent that such conditions specify actions necessary to bring the application into complete compliance with this Ordinance.

A sign may also require separate building or electrical permits from the Town.

If at any time the Commissioner of Building finds that a sign is not in good repair or does not comply with the building permit for a sign issued or with the provisions of §  7-8-11, Construction and Maintenance of Signs the Commissioner of Building shall order the owner or lessee of the premises upon which it is located, the owner and the user of the sign and the holder of the building permit for a sign to repair it or bring it into compliance with the use permit, as the case may be, or remove the sign at the direction of the Commissioner of Building.

Such order shall be written and served personally or by mail and directed to the last known address of the owner, lessee, user or holder. Failure to comply with such an order shall constitute a violation of this Ordinance.

An application for a coordinated sign plan shall be submitted in accordance with § 8-2-2, Application Requirements.

All applications shall be complete in accordance with § 8-2-2D before the Planning Director is required to review the application.

The content of the coordinated sign plan application shall be approved by the Planning Director prior to filing.

When reviewing a coordinated sign plan, the Planning Director shall consider the review criteria listed in §  7-8-12.

Within 30 days of receipt of a complete application, the Planning Director shall, after receiving recommendations form the Town’s review agencies along with any appropriate outside agency, approve, approve with modifications, or deny the coordinated sign plan.

The Planning Director may grant coordinated sign plan approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with applicable regulations or where additional conditions have been agreed to by the petitioner. If the proposed coordinated sign plan is determined to be consistent with all applicable regulations, the Planning Director shall approve the coordinated sign plan.

The Planning Director shall have sole authority in determining the compliance of a coordinated sign plan with the provisions of this Ordinance and its general consistency with the policies of the Comprehensive Plan.

The date the Planning Director signs the approved coordinated sign plan shall establish the date of approval for a coordinated sign plan.

Should questions arise regarding a sign’s conformance with an approved coordinated sign plan, the Building Department shall refer said sign to the Planning Director for determination prior to the issuance of a building permit.

The Zoning Enforcement Officer shall:

The interpretation shall be provided to the petitioner in writing by the Zoning Enforcement Officer.

The Zoning Enforcement Officer may determine that a use not specifically listed in any of the permitted building and use classifications in and districts established by this Ordinance is a similar use to those enumerated in a specific district or districts. In making a determination that a use is similar, the Commissioner shall first determine that:

Where a use not listed in the use table is found by the Zoning Enforcement Officer not to be similar to any other use in the table, the use shall be permitted only following a text amendment of these zoning regulations in accordance with § 8-5.

When considering appropriate districts for a use not listed in the Use Table, the district purpose statements in Part 3, Part 4 and Part 5 and the policies of the Comprehensive Plan shall be taken into consideration.

After review of the variance application and the public hearing, the ZBA shall, in accordance with NYS Town Law §  267, make written findings of approval, approval with modifications or conditions, or denial.

The ZBA shall decide upon the variance within 62 days after receiving a complete application. The time within which the ZBA may render its decision may be extended by mutual consent of the petitioner and the ZBA.

In granting a variance, the ZBA may vary or modify the provisions of this Ordinance or such regulations so that the spirit of the law shall be observed, public safety secured and substantial justice done. Toward this end, the ZBA may prescribe such conditions or restrictions as it may deem necessary. Such conditions or restrictions shall be incorporated in the building permit and a violation of such permit shall be a violation of this Ordinance.

Once the application has been determined complete, a public hearing shall be scheduled and public notice shall be given in accordance with §  8-2-3, Notice and Public Hearings.

The ZBA shall decide upon the appeal within 62 days after the closing of the public hearing. The time within which the ZBA may render its decision may be extended by mutual consent of the petitioner and the Board.

The ZBA may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this Ordinance and for such purposes shall have all the powers of the officer from whom the appeal is taken.

Appeals for interpretation shall be decided by the concurring vote of a majority of the members of the ZBA in compliance with §  267-a of NYS Town Law.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken determines a stay in proceedings would cause imminent peril to life or property, in which case proceedings shall only be stayed by the issuance of a restraining order, which may be granted by the ZBA or by the court of record on the application.

An appeal does not stop action lawfully approved (including construction activities authorized by a building permit), only actions presumed in violation of this Ordinance are stayed.

Any person or persons jointly or severally aggrieved by the decision of the Zoning Board of Appeals or any officer, department, board or bureau of the town, may apply to the Supreme Court for a review by a proceeding commenced under Article 78 of the Civil Practice Law and Rules.

Such proceedings against the Zoning Board of Appeals must be commenced within thirty (30) days after the filing of the decision in the Office of the Town Clerk.

In any such proceeding, the person or persons who commence said proceedings shall be required to reimburse the Town of Amherst for all costs, fees and expenses associated with the production of the record of the action.

General. Proceedings to create a NCD may be initiated by the Town Board with the approval of the principal owner or owners of the proposed new community site or by application of the principal owner or owners of the proposed community site. In the event that the new community site includes any lands which are not owned or controlled by a petitioner, said petitioner may request or the Town Board may require that such lands be included in the NCD by action of the Town Board taken on its own initiative simultaneously with the rezoning of the lands owned or controlled by said petitioner. In the case of proceedings begun by the Town Board on its own initiative regarding lands referred to in the preceding sentence and/or lands owned or controlled by said principal owner or owners, the public review procedure for the creation of a NCD shall be as the Town Board may require in accordance with applicable law. Accordingly, except as specified in subsection 8-15-2 of this Section, the provisions of subsection 8-15-2 of this Section are applicable only to proceedings initiated upon application of the principal owner or owners of the proposed new community site. As used in this Section, the "owner" shall be deemed to include a contract vendee or holder of an option to purchase or a person who or which has accepted any other form of firm commitment of lands to be developed for new community uses pursuant to a development plan as defined in subsection 8-15-1B of this Section.

Upon receipt of a petitioner's development plan of a new community development, the Director of Planning shall transmit a copy of the plan and accompanying documentation to the Town Engineer, Highway Superintendent, the school districts and such other agencies as the Director may deem appropriate for their review, report and recommendation. Such officials and agencies shall each, within 30 days from receiving the development plan and documentation, furnish to the Planning Board a report pertinent to their respective jurisdictions and concerns.

The Planning Board shall review the petitioner's development plan and related documents and evaluate the reports enumerated above. Within 60 days following the petitioner's submission of the development plan and data to the Planning Board, the Planning Board shall furnish to the Town Board and petitioner either its finding that the development plan complies with the regulations, standards and criteria prescribed by this Section or a finding of any failure of such compliance and a recommendation that the development plan be approved, disapproved or modified.

If in any such evaluation the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this Section are inapplicable because of unusual conditions of the new community development or the nature and quality of the proposed design, it may recommend to the Town Board that an adjustment in such regulations, standards or criteria be made for the development or a proposed site in the development.

Application for Site Plan Approval. After the Town Board creates a NCD and approves a development plan on its own initiative or on application, a site plan application or applications covering all or portions of the district intended for new community development under the development plan shall be submitted to the Town Board and Planning Board. The petitioner shall be the entity which was the principal owner of the new community site, as contemplated in subsection 8-15-1 above at the time of such Town Board approval of the development plan, or the designee of such entity. All of the lands covered by such site plan application shall be owned, controlled or otherwise accepted by such principal owner or its designee. The area covered by said application is referred to as the "proposed site." The application shall be accompanied by the information required on the development plan, including the necessary modifications or changes previously required, and by the following more detailed information in 10 copies prepared by licensed or accredited engineer, surveyor, architect or landscape architect, as appropriate.

Factors for Consideration. The Planning Board's review of a site plan shall be directed to the following considerations:

Action on Site Plan Application.Within 62 days following close of its public hearing on a site plan, the Planning Board shall act on it and deliver to the Town Board and the petitioner a report of its action. In determining its action, the Planning Board may seek advice and assistance as needed from the Town Attorney with respect to all types of covenants, restrictions and easements to be recorded and covenants for maintenance and from the Town Engineer, Highway Superintendent and any other persons or agencies. If, in its review of the site plan, the Planning Board finds that any regulations, standards or criteria prescribed by this Section are inapplicable because of unusual or unforeseen conditions affecting the proposed site plan development or because of the nature of quality of the proposed design, it may recommend to the Town Board that an adjustment be made in such regulations, standards or criteria consistent with the purposes of this Section as applied to the proposed site plan development. The Town Board also may allow such adjustments upon its own initiative. The Planning Board's report shall include a written statement stating whether or not the site plan is approved, accompanied by a copy of the appropriate minutes of the Planning Board, including exhibits and submissions made a part of the record, and by a separate detailed statement of the basis for any Planning Board determination of noncompliance with any substantive criterion, standard or regulation of this Section. A copy of such report shall be delivered to the petitioner promptly following such approval or disapproval of the site plan. Within 30 days of the receipt of a favorable report of the Planning Board or within 30 days following the delivery to the Town Clerk of a petitioner's request for Town Board review by an unfavorable report by the Planning Board or review by the Town Board if the Planning Board has not acted during the 60-day period specified above for such Planning Board action, the Town Board shall act to approve or disapprove the site plan. In any event, if the Town Board does not approve or disapprove the site plan within 90 days following the initial submission of the site plan to the Planning Board and the Town Board under subsection A, the petitioner may notify the Town Board by delivery to the Town Clerk of written notice of its intent to proceed with construction as if the site plan has been approved. If the Town Board does not approve or disapprove the site plan within 10 days following the delivery of such notice to the Town Clerk, the site plan shall be deemed to have been approved by the Town Board for all purposes under this Section.

Town Board Procedures. In taking any actions or conducting any proceedings relating to the responsibilities of the Town Board under subsection C above, the Town Board shall act as the local public body responsible for administering the substantive criteria, standards and regulations of this Section. The Town Board shall keep accurate minutes of all such actions or proceedings and shall furnish to the petitioner for site plan approval, within 10 days following any such action or proceeding, a complete copy of the minutes, including exhibits and submissions made a part of the record, describing the action or proceeding. The official record of such actions or proceedings shall include any materials or documents submitted by the petitioner to the Town Board and/or Planning Board in connection with the application for site plan approval. If the Town Board determines that a site plan does not comply with any substantive criterion, standard or regulations of this Section, then the record of such determination, to be delivered to the petitioner as aforesaid, shall include a separate statement setting forth in detail the exact nature of such noncompliance and all factors included in the basis for the Town Board's determination. After the submission of a site plan to the Town Board and Planning Board, as provided in subsection A(1), and so long as any Planning Board or Town Board procedures contemplated by this subsection A(1) shall be in progress, the petitioner shall be afforded a reasonable opportunity, on one or more occasions as circumstances require, to appear before the Town Board and/or the Planning Board on reasonable notice to present its position concerning compliance of the proposed site plan with the substantive criteria, standards and regulations of this Section.

If, subsequent to the approval of a site plan, the petitioner proposes any modification other than a minor modification or to correct minor or technical omissions or inaccuracies of said site plan, the procedures set forth in subsection 8-15-5A shall be applicable to such modification, except that the materials submitted shall relate only to the modification.

At any time within 75 days following the initial site plan submission to the Town Board and Planning Board, the petitioner may submit to the Planning Board and Town Board site plan modifications which do not materially affect the fundamental character of a proposed site plan development, and the time periods stated in this Section shall continue to apply with respect to the overall site plan submission notwithstanding said modifications. The 90-day period for Town Board action shall be extended by an additional 10 days for each such modification submitted after the expiration of said 75-day period.

Upon the approval of a site plan by the Town Board, or upon the expiration of the 10-day period relating to inaction by the Town Board, the petitioner or its designee may commence site improvement work for all aspects of the development covered by such site plan.

The following actions shall not require additional development review:

Regulations After Initial Construction and Occupancy. For the purposes of regulating the development and use of property after completion of initial construction and occupancy, any proposed changes shall be in the form of a request for a special permit requiring Town Board approval. It shall be noted, however, that properties lying in NCDs are unique and shall be so considered by the Planning Board and Town Board when evaluating these requests, and maintenance of the intent and function of the new community and its relationship with the entire town shall be of primary importance.

Subdivision Review. Site plan review and approval under the provisions of this Section shall suffice for all Town Board and other town review of Subdivision Regulations and shall suffice to satisfy all preconditions of filing a subdivision plat in the form referred to in subsection (1) below, subject to the following conditions:

General Provisions. This ordinance shall be administered by the Building and Planning Departments, the Town Clerk and such other agencies as the Town Board shall direct and shall be enforced by the Commissioner of Building. Those departments and agencies shall be provided with the assistance of such persons as the Town Board may direct.

Construction and Use. Building permits authorize only the use, arrangement and construction which is in compliance with this Ordinance and other applicable laws. Use, arrangement or construction not in compliance with this Ordinance or other applicable laws shall be a violation of this Ordinance.

Records and Reports. The Zoning Enforcement Officer shall keep, or cause to be kept, a record indexed in regard to any decision or determination reached by the Zoning Enforcement Officer in connection with the interpretation or enforcement of this Ordinance.