Result in the creation of more lots on which a new principal building could be erected than would exist without such change of lot line; nor

Be granted if any of the lots involved, or any structures or uses thereon, does not comply with all applicable provisions of this chapter, unless said noncomplying condition:

A conventional plan shall consist of a street and lot layout in which all lots conform to the area and dimensional requirements for lots in the applicable zoning district, and all other applicable requirements of this chapter.

Applications for preliminary plat approval of a cluster development shall include the following information for all lots that wholly or partly comprise such development:

No lot shown on a conventional plan shall contain regulated wetlands or 100-year flood zones, as herein described, in the area within which a dwelling unit would be permitted to be placed, erected, or constructed in compliance with the setback regulations established for the district in which such dwelling unit would be located.

A conventional plan shall reasonably account for all physical aspects of the site and potential limitations to site development, including, but not limited to, access and road design, stormwater management, and topography.

A cluster plan shall include the applicable zoning requirements for the district in which the subdivision is located, along with the proposed modifications to such zoning requirements.

A cluster plan, showing the arrangement, layout and design of streets and lots, shall be prepared and submitted in accordance with specifications and administrative procedures adopted by the Planning Board and in accordance with the Town's Specifications for Construction of Utilities and Roadways.

A cluster plan shall consist of no more lots than were deemed appropriate by the Planning Board based on a conventional plan.

In no case shall the ratio of public street right-of-way to private drive (as measured in linear feet along the center line) in a cluster plan exceed such ratio in a conventional plan.

A cluster development shall preserve the most environmentally sensitive features and/or wildlife habitat on the lands that comprise such development, without compromising site design and orderly development within the community.

Where possible, and to the greatest degree practicable, lands to be preserved within a cluster development shall be contiguous to existing public lands or other open space.

A special permit shall authorize only one specific use. Said permit shall expire if:

Upon written request, the board which issued the special permit may extend the time periods established in Subsection A(4)(a)[1] and [2] above for two additional periods of time not to exceed three months each. Said extensions may be granted if, in the board's opinion, it is warranted by the particular circumstances of the request.

A special permit may be revoked by the board which has jurisdiction over said permit. Said board shall hold a public hearing to consider whether or not the special permit grantee has violated the terms and conditions of said special permit. Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Building Inspector of said violations and has failed to correct said violations within the time period established by the Building Inspector. Notice of violations shall be served in the following manner:

At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town. Written notice of said hearing shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.

Access to the site and the size of the site are adequate for the proposed use.

The proposed use will not adversely affect the orderly pattern of development in the area.

The nature, duration and intensity of the operations which are involved in or conducted in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.

The proposed use will not create a hazard to health, safety or the general welfare.

The proposed use will not be detrimental to the flow of traffic in the vicinity.

The proposed use will not place an excessive burden on public improvements, facilities, services or utilities.

A change in the owner, operator or tenancy of a use for which a special permit previously was granted, provided that said use:

A use which is located within a principal use and which is incidental, secondary, or subordinate to said principal use; or

Reapproval of a special permit for a use, provided that said special permit expired without said use having commenced.

Expansion of an existing special permitted use which does not include construction of additional floor space or appurtenances.

Restaurants which serve food or beverages principally on a takeout or delivery basis and which have provisions for not more than 12 persons to consume such food or beverages on the premises.

Because of the particular character or limited nature of a proposal.

Upon application to the Town Department of Planning and Economic Development, a special permit may be transferred administratively in the case of a change in the owner, operator or tenancy of a use for which a special permit previously was granted, provided that said use:

In order for a business to qualify for a transfer of special permit, the operation of the use must be substantially the same as the operation at the time the special permit use was approved. Any expansion or intensification of a special use requires application for a new special permit.

No building permit shall be issued by the Building Inspector for any one-family or two-family dwelling on a lot unless and until a subdivision plat and site design details for such use have been approved by the Planning Board, the Town Engineer and the Commissioner of Public Works and such plat has been filed in the office of the Monroe County Clerk, or, alternatively, a site plan for such use has been approved by the Town Engineer, the Commissioner of Public Works, the Building Inspector, and an authorized representative of the Planning Board. This requirement shall also apply to any lot for which an approved subdivision map, plat or deed has been filed or recorded in the office of the Monroe County Clerk prior to the effective date of this chapter.

During the construction of a one-family or two-family dwelling, the Building Inspector, Commissioner of Public Works, or an authorized representative of the Planning Board may authorize minor adjustments to the approved plan which are consistent with such plan, when such adjustments are deemed necessary in light of technical or engineering considerations which develop during actual construction, or when such adjustments are required in order to comply with laws, ordinances, codes, rules or regulations which are made applicable to the subject property by any agency or instrumentality of the United States, New York State, Monroe County or Town of Greece. The Building Inspector, Commissioner of Public Works, or an authorized representative of the Planning Board, may, in his/her discretion, refer any such proposed change to the Planning Board for review.

Approval of a site plan for a one-family or two-family dwelling shall be valid for the purpose of obtaining a building permit for a period of two years following the date of such approval by the Town Engineer, the Commissioner of Public Works, the Building Inspector, or an authorized representative of the Planning Board. Upon written request from an applicant, the Town Engineer, the Commissioner of Public Works, the Building Inspector, or an authorized representative of the Planning Board together may waive the requirement to obtain reapproval of an expired site plan, provided that they determine that no substantial change has taken place in the particular circumstances of such previous site plan approval. Approval of such waiver shall be valid for the purpose of obtaining a building permit for a period of two years following the date of such waiver by the Town Engineer, the Commissioner of Public Works, the Building Inspector, or an authorized representative of the Planning Board. Upon expiration of such waiver, no building permit shall be issued by the Building Inspector unless and until site plan approval has been granted by the Town Engineer, the Commissioner of Public Works, the Building Inspector or an authorized representative of the Planning Board.

Pursuant to § 274-a of the Town Law, no building permit shall be issued by the Building Inspector for any of the following uses unless and until a site plan for said use has been reviewed and approved by the Planning Board. Exempt from this requirement are minor improvements as provided for in Subsection D.

Application for approval of a site plan, showing the arrangement, layout and design of the proposed use, shall be prepared and submitted in accordance with specifications and administrative procedures adopted by the Planning Board.

The Planning Board may approve with or without modifications or deny an application for site plan approval in accordance with the procedures and requirements of § 274-a of the Town Law. Upon a finding by the Planning Board that, because of the particular character or limited nature of a new development or change in use or special conditions peculiar to a site, the submission of a site plan or of certain portions of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said informational requirements will cause extraordinary and unnecessary hardship, the Planning Board may vary or waive such submission wherever, in the opinion of the Board, such waiver will not be detrimental to the public health, safety or general welfare.

Site plans which are approved by the Planning Board shall also be subject to the review and approval of the Building Inspector, Fire Marshal, Town Engineer, the Commissioner of Public Works, and any other persons or agencies designated by the Planning Board.

Approval of a site plan by the Planning Board shall be valid for the purpose of obtaining a building permit for a period of one year following the date of the Board's approval resolution. The Planning Board may, however, upon written request, extend such one-year period for two additional periods of time not to exceed three months each. Such extensions may be granted if, in the Board's opinion, it is warranted by the particular circumstances of the request. Upon expiration of such extensions, no permit shall be issued by the Building Inspector unless site plan approval has been granted by the Planning Board.

During the construction of an approved site plan, the Building Inspector, Commissioner of Public Works, or an authorized representative of the Planning Board may authorize minor adjustments to the approved plan which are consistent with such plan, when such adjustments are deemed necessary in light of technical or engineering considerations which develop during actual construction, or when such adjustments are required in order to comply with laws, ordinances, codes, rules or regulations made applicable to the subject property by any agency or instrumentality of the United States, New York State, Monroe County or Town of Greece. The Building Inspector, Commissioner of Public Works, or an authorized representative of the Planning Board may, in his/her discretion, refer any such proposed change to the Planning Board for review.

Exempt from the requirements of this section are structures which are erected, placed or constructed in order to comply with the requirements of the Americans with Disabilities Act of 1990, as amended.

Freestanding signs.

Light poles.

Fences or walls.

Accessory structures, or additions to existing structures, provided that said structures or additions do not exceed 4,000 square feet of gross floor area or 25% of the area of existing principal structures.

New or enlarged paved or unpaved parking areas, provided that said new parking areas or said parking area enlargements do not contain more than 20 parking spaces.

Structures which are erected, placed or constructed on an annual, seasonal or other recurring basis and which are removed from the premises within five months of their erection, placement or construction.

Minor alterations of previously approved site plans or minor improvement plans.

Other similar minor improvements.

Structures and improvements eligible for waiver:

A waiver of the minor improvement plan requirement shall not be granted for:

Requests for waiver of the minor improvement plan requirement shall be submitted in writing by the property owner, or a duly authorized representative of the property owner, and shall include a recent instrument survey of the project location, including all existing structures and easements. The proposed structure or improvement shall be drawn to scale on the instrument survey map, including all dimensions and setback distances. Additional information may be requested, including but not limited to structural details, manufacturer's specifications, and exterior materials and colors.

Approval of waiver.

For any application which requires a public hearing, the applicant shall file an affidavit in the Department of Planning and Economic Development no later than the business day before said public hearing. Said affidavit shall certify that all notification requirements as hereinafter provided have been met not less than 10 calendar days before said public hearing. Said affidavit shall also contain the names and addresses of all lot owners who are required to be notified and shall include the dates on which said notice was given. All written notices which are required to be given by the applicant shall be mailed through the United States Postal Service. The applicant shall obtain proof of said mailings from the Postal Service.

If an applicant owns or has a financial interest in lots which adjoin a lot which is subject to the notification requirements hereinafter provided, said notification requirements shall also apply to the boundary of said adjoining lots.

Any written notice which is hereinafter required shall specify the location of the subject lot, the current zoning of the subject lot, the proposal for which approval is requested and the date, time and place of the public hearing.

Any application which does not comply with the notification requirements hereinafter established may be dismissed by the board which has jurisdiction over said application. No further consideration of an application which has been dismissed shall occur unless and until a new application is submitted in compliance with all requirements established by this chapter.

At the request of an applicant or on its own initiative, the board which has jurisdiction over an application may modify or waive the notification requirements hereinafter provided. Said modification or waiver may be granted at a regularly scheduled meeting of the board which has jurisdiction. Said modification or waiver may be granted if, in said board's opinion, it is warranted by the particular circumstances of the request.

Zoning Ordinance changes. For any amendment, supplement or change of any regulation, restriction or zoning district boundary contained in this chapter, the applicant shall give notice in each of the following manners:

Special permits. For any application for a special permit, the applicant shall give written notice to the owners of all lots which are within 500 feet of the boundary of the lot which contains a use or structure for which a special permit is requested.

An applicant applying for a waiver of a special permit shall not be required to give written notice to the owners of all lots within 500 feet. However, if a waiver is not granted by the Town Board, the applicant shall comply with the neighborhood notification requirements contained in this Subsection B.

Subdivisions. For any application for preliminary plat approval, the applicant shall give written notice to the owners of all lots which adjoin or are directly across the street from the lot which is proposed to be subdivided.

Site plans. If the Planning Board determines, by a vote of a majority of its members, that a public hearing is required for an application for site plan approval, the applicant shall give written notice to the owners of all lots which adjoin or are directly across the street from the lot which contains a use or structure for which site plan approval is requested.

Type I actions. For any application that is classified as a Type I action pursuant to the regulations and requirements of the New York State Environmental Quality Review Act (SEQRA), in which the Planning Board is the lead agency for the coordinated SEQRA review, the applicant shall give written notice to the owners of all lots which are within 500 feet of the boundary of the lot which is subject to the coordinated SEQRA review.

Special permits and use variances. For any application for a special permit or a use variance, the applicant shall give written notice to the owners of all lots which are within 500 feet of the boundary of the lot which contains a use or structure for which a special permit or use variance is requested.

Area variances and other appeals. For any application for an area variance or other appeal from any order, requirement, decision or determination made by the Building Inspector involving the administration of this chapter, the applicant shall give written notice to the owners of all lots which adjoin or are directly across the street from the lot which contains a condition for which a variance request or other appeal is made.

An applicant applying for a waiver of a special permit shall not be required to give written notice to the owners of all lots within 500 feet. However, if a waiver is not granted by the Board of Zoning Appeals, the applicant shall comply with the neighborhood notification requirements contained in Subsection B(1)(a).