Grand Island City Zoning Code
ARTICLE XXXIV
Miscellaneous Provisions
§ 407-189 Amendment procedures.
A.
Authorization. The Town Board, on its own motion, on petition, or on recommendation of the Planning Board, may by amendment supplement, repeal, or change the regulations and provisions of this code.
B.
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district, as designated on the Zoning Map shall be filed with the Town Clerk on forms provided by a Code Enforcement Officer, including such fees set by the Town Board, and transmitted to the Town Board. Petitioner shall submit to the Planning Board and Town Board a site plan showing the extent, location and character of proposed structures and uses, and a completed environmental assessment form. The Planning Board or Town Board may require that the site plan be modified to meet municipal or public concerns. No building permit or zoning permit shall be issued for any property within the area described by said amendment, except in accordance with the approved site plan including any conditions and limitations recommended by the Planning Board and/or imposed by the Town Board.
C.
Review by Planning Board. Any proposed change shall be submitted to the Planning Board for report and recommendation prior to the Town Board public hearing provided for below. If the Planning Board fails to submit its recommendation report within 60 days, it shall be deemed to have approved the proposed amendment or change. The Planning Board may hold its own public hearing prior to making its recommendation.
D.
Notice of public hearing. The Town Board shall hold a public hearing for all proposed amendments. The public hearing shall be advertised at least once in the official newspaper of the Town of Grand Island at least 10 days before the hearing. The notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of the subject of the hearing, and shall name the place or places where copies of the proposed amendment may be examined. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
E.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the regional State Park Commission having jurisdiction over such facilities at least 10 days prior to the date of such public hearing.
F.
The Town Board shall hold the public hearing on the rezoning application within 62 days of the Planning Board's recommendation. Approval of the rezoning shall be noted on the Zoning Map of the Town of Grand Island.
G.
Adoption over protest. The favorable vote of at least 3/4 of the members of the Town Board shall be required before the passage of an amendment which is protested by the owners of 20% or more of the area of:
§ 407-190 Fees.
[Amended 5-15-2023 by L.L. No. 2-2023]
A.
The Town Board shall have authority to establish and amend, by resolution, fees and charges to defray the costs of administering this code and reviewing applications. Such fees shall be set forth on the Town Fee Schedule, which may be amended from time to time by resolution. The Town Fee Schedule shall be available on the Town's website.
B.
Escrow account.
(1)
In addition to the payment of fees required pursuant to Subsection A, the following zoning applications shall require the establishment of an escrow account, pursuant to an agreement between the Town and the applicant for the payment of engineering, consultant, and legal, expenses incurred by the Town for the review of the Project:
(c)
Residential subdivision applications for 10 or more lots.
(d)
Commercial development projects of greater than 10,000 square feet in floor area.
(e)
Residential developments including 25 or more units.
(f)
Mixed use development projects combining commercial and residential development that include 15,000 square feet in total floor area combining both the residential and commercial uses.
(g)
Any project capable of producing 150% or more of the electricity consumed on site.
(2)
The escrow account may be established by the Town as a separate bank account, or as a line item in an existing Town account, provided the funds are accounted for separately. The total amount to be deposited into the escrow account shall be capped as set forth in Subsection C. A zoning application shall not be complete until the required escrow account has been established pursuant to this Subsection B. Any funds remaining in the escrow account after completion of the review and payment of all invoices shall be returned to the applicant.
C.
Escrow account amount cap. The total amount of deposits to an escrow account established pursuant to Subsection B shall not exceed:
(1)
For residential projects: 3% of the project value, which is calculated as the total construction cost (not including the cost of buildings and structures), plus the greater of the purchase price of the land or the fair market value of the land, as calculated by the applicant, subject to the Town's review, confirmation, and final approval.
(2)
For commercial development projects: 1% of the project value, which is calculated as the total construction cost, plus the greater of the purchase price of the land or the fair market value of the land, as calculated by the applicant, subject to the Town's review, confirmation, and final approval.
§ 407-191 Restrictive covenant.
Where any approval or amendment granted under this code includes a restriction on the use of land, the approving Board may require the applicant record at its cost, in a form approved by the attorneys for the Town, a restrictive covenant stating said terms or conditions.
§ 407-192 Public hearing procedures.
Public hearings required by this Zoning Code shall be conducted by the hearing body as designated. At the hearing, interested persons shall be permitted to submit information and comments either verbally or in writing. Whenever multiple applications are submitted for a project, such as site plans and special use permits, the hearing body may hold one hearing on the multiple applications. The hearing body shall control the conduct of such hearing and may establish reasonable rules and regulations including but not limited to rules and regulations governing the presentation of information and comments, the limitation of redundant or irrelevant materials and testimony, the order and length of statements or testimony, and time limitations. The hearing may be continued from time to time as directed by the hearing body.
§ 407-193 Performance bond.
For any projects, including but not limited to subdivisions, zoning amendments, planned developments, site plans or special use permits, which project is approved with conditions attached, the approving Board may require the applicant to provide a performance bond or other security in a form acceptable to the Town, to guarantee completion of the work.
§ 407-194 State Environmental Quality Review Act compliance.
A.
The Town Board, for all actions in which it shall have any approval authority, shall act as lead agency for all reviews under the State Environmental Quality Review Act (SEQRA),[1] unless a non-Town agency is designated as the lead agency. If the Town Board has no approving authority on an action, the approving Board shall act as lead agency.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
Escrow account. For any project reviewed pursuant to SEQRA for which the lead agency can be reimbursed for its review costs, the Town may require the advance deposit of the estimated cost of such review fees into an escrow account. Any funds not expended on the review or interest earned on the account shall be returned to the applicant at the completion of the review.