No applications that include a building, structure, property, or use that is in violation of this zoning code, other laws of the Town of Clarkson, or NYS laws, rules, and/or regulations shall be accepted or processed.

Applications which, in whole or in part, include a proposal to rectify violations on such property may be considered in accordance with this zoning code.

Be submitted to and processed by the Town's Code Enforcement Officer or other duly designated Town official.

Require the signature of the owner(s) of the subject property. Where there are multiple land owners, a written consent agreement among all land owners must be included. Tenants may submit applications with written consent of the property owner(s).

Be provided in the required number and form, including at least 15 hard copies and one electronic copy (digital PDF) upon request. Site plan applications shall include at least two stamped hard copies of all maps and site plans at the size and scale requested by the Code Enforcement Officer. Electronic copies of application materials may be required upon request.

Include all application fees as established by § 140-40.8 and as may be required elsewhere in this chapter.

Within 30 days of an application being filed, the Town's Building Department shall determine whether to accept the application as ready for processing or reject the application as not ready for processing.

An application is considered accepted and ready for processing only if it is submitted in the appropriate number and form, is facially complete, includes all required materials, and is accompanied by the required fee.

The acceptance of an application by the Town shall in no way be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of required fee and application materials in the correct number and form.

If an application is determined to be not ready for processing, a paper or electronic written notice shall be provided to the applicant.

No further processing of unaccepted applications will occur. 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 If the deficiencies are not corrected within 62 days, the application will be considered withdrawn.

The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed.

In all cases, the burden is on the applicant to show that their application complies with the Town of Clarkson local laws and regulations, and any other applicable NYS laws, rules, and regulations.

Within 62 days following the close of the public hearing the reviewing body shall issue a decision to approve, approve with conditions or modifications, or deny the proposed application.

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 materials.

Where county referral is required, no decision shall be issued by the reviewing body until the referral process is complete.

The time period in which a decision must be rendered on the application may be extended by mutual consent of the applicant and the reviewing body.

A written decision shall be provided by the Town explaining the rationale and findings of the reviewing body based upon the standards and review criteria contained in this chapter. The written decision shall also make note of any conditions or modifications of the approval, where applicable.

A copy of the decision shall be promptly filed with the Town Building Department and sent to the applicant.

It has made an intelligent review of the question.

It has considered all the information or evidence.

It has heard all parties in question.

Any intimate knowledge it has of the subject under question has been considered.

It has made a personal inspection of the parcel in question and from this examination certain findings were ascertained.

Any such material, or part thereof, is not requisite in the consideration of impact to public health, safety, or general welfare;

Any such material is inappropriate or irrelevant to the proposal;

Any such material is deemed unnecessary for an adequate, informed review.

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.

The applicant shall reimburse the Town for any costs incurred as part of such professional review in accordance with § 140-40.7.

The reviewing body shall schedule, notice, and conduct a public hearing for applications as required by this chapter and NYS Law.

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.

A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuation is set for specified date and time and that date and time is announced during the public hearing.

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.

If the applicant requests a postponement, the applicant must pay all costs of renotification.

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.

Mail. Whenever the provisions of this chapter require, notice may be sent by mail. Such notice should:

Online notice. Notice may also be posted to the official website and/or social media accounts of the Town.

A review body may refer an application presented to them for professional engineering, architectural, historical, planning, technical, environmental, landscaping, or legal consultation, or attorney, as shall be deemed reasonably necessary to enable an adequate, informed review.

The amount of a consultant fee shall be determined and approved by the Town Board. Consultants shall estimate their fees based on the services to be rendered on behalf of the Town from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part thereof.

The consultant will be retained pursuant to the procurement policy of the Town. The applicant shall make an escrow deposit with the Town, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The application shall not be deemed complete until such time as said escrow deposit has been made. If during the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.

A business plan, vision, or model, and/or summary of products, goods, and services to be sold or provided;

The proposed hours of operation;

The number of employees at maximum shift;

The maximum seat capacity;

The timing and manner of any and all anticipated deliveries;

A recycling and waste management plan; and

The nature and type of all mechanical equipment provided and/or required.

Will be generally consistent with the goals of the Town Comprehensive Plan and other adopted plans and studies;

Will meet all relevant standards, guidelines, and requirements set forth in this zoning code, including any applicable additional use regulations of Article 23;

Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;

Will be compatible with existing uses adjacent to and near the property;

Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the character of the Town;

Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;

Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;

Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;

Will not destroy or adversely impact significant historic and/or cultural resource sites; and

Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.

Special uses that have been issued a time limited permit and intend to continue operation thereafter shall be required to reapply for special use permit approval at least 30 days prior to the initial permit's expiration date.

Renewal applications shall be submitted, processed, reviewed, and decided upon in accordance with the provisions of this article.

In granting special use permit renewal, the Planning Board may remove or modify the conditions and time limitation of the initial permit, as deemed necessary or appropriate.

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 chapter have not been met; or

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

Minor site plan applications shall be reviewed and decided upon administratively by the Town Engineer.

The Town Engineer may refer any minor site plan application to the Planning Board if it is found that the approval requires a discretionary or more significant review to determine the appropriateness of such proposal. Upon referral by the Town Engineer, the Planning Board shall assume review and decision authority.

Major site plan applications shall be reviewed and decided upon by the Planning Board.

A public hearing shall be required for all major site plan applications.

The Planning Board may hold a public hearing on minor site plan applications, if deemed necessary.

Application form, including the name, address, and signature of the applicant, property owner, and developer.

Description or narrative of all proposed uses and structures.

A site plan drawn at a scale of one-quarter inch equals one foot or such other scale as the reviewing body may deem appropriate, on standard 24-inch by 36-inch sheets, with continuation on 8 1/2-inch by 11-inch sheets as necessary for written information. Such site plan include the following:

All required minor site plan application materials.

A site plan showing the location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 500 feet of the property in question.

A certified land survey.

Soil logs, test well, percolation test results, and/or stormwater runoff calculations.

A natural resource inventory and/or tree survey.

A detailed traffic study.

For a conviction of a first offense, a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both;

For conviction of a second offense, both of which were committed within a period of five years, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and

For conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.

Pursuant to NYS General Town Law and the Town of Clarkson Code and all applicable provisions of this chapter, this chapter may be amended, supplemented, and repealed.

Amendments to the text or map of this zoning code may be initiated by the Town Board, Planning Board, or by a petition by property owners as provided by NYS General Town Law.

The Planning Board shall serve in an advisory role to the review of proposed amendments and issue a recommendation of decision to the Town Board.

The Town Board shall review and issue the final decision on all proposed amendments.

Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations.

If the Planning Board fails to report within a period of 62 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.

After receiving the report of the Planning Board, the Town Board shall issue a decision on the proposed amendment within 62 days. The Town Board may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.

The Town Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with NYS Law. In the case of a valid protest petition, approval requires a three-fourths vote of the members of the Town Board.

If the Town Board approves the amendment, supplement, change or modification to the zoning code or zoning map, as applicable, shall be amended after publication and filing with the Town Clerk, County Clerk, and Secretary of State as required by NYS Law.

Whether the proposed amendment corrects an error or inconsistency in the zoning code or meets the challenge of a changing condition;

Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;

Whether the proposed amendment is in the best interests of the municipality as a whole;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested rezoning;

Whether any rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;

Whether any rezoning is compatible with the zoning and use of adjacent property;

Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and

Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.

Appeal applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.

Appeal applications must be filed within 30 days of the date of the decision being appealed.

Every appeal application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.

A public hearing shall be held by the ZBA prior to issuing a decision.

A motion for the ZBA to hold a rehearing to review any order, decision or determination not previously reheard, may be made by any member of the ZBA. A unanimous vote of all members of the ZBA then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the ZBA may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the ZBA 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.

In exercising the appeal power, the ZBA has all the powers of the Town official or agent from whom the appeal is taken.

The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.

In acting on the appeal the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.

Waive, modify or otherwise vary any of the review and approval procedures of this article; or

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized review board or commission.

Variance applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.

Every variance application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial in relation to the requirement;

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals but shall not necessarily preclude the granting of the area variance.