Application and fees. An application for a preapplication conference shall be made on forms and with plans, specifications, and fees required by this chapter.

Procedure. A preapplication conference is required prior to filing an application for a planned unit development, country hamlet and major subdivision and recommended prior to filing an application for site plan approval or special use permit. The preapplication conference allows early review of a concept development plan by Town department heads, staff, and the public. A request for a preapplication conference shall be submitted to the Town Planner for site plan approval and planned unit development or to the Zoning Administrator for a special use permit. The Town Planner and Zoning Administrator shall notify the applicant of the date and time of the preapplication conference and post the date and time of the preapplication conference on the Town's website calendar. The public is invited and encouraged to attend the preapplication conference. The preapplication conference shall include review of the concept of the proposal and compliance with this chapter's requirements and discussion of any potential site plan and development issues. The preapplication review shall be nonbinding. Prior to the preapplication conference, each applicant is encouraged to discuss the concept proposal with adjacent and potentially impacted property owners and ascertain local concerns and consider mitigation measures early in the design process. Within seven business days of the preapplication conference, the Town Planner and/or the Zoning Administrator shall post a summary of items reviewed and list of attendees on the Town's website.

Each notice of a hearing on a special use permit, subdivision, site plan approval, use variance, area variance, planned unit development, country hamlet, rezone or other land use development application shall be published in an official newspaper of the Town at least 10 days' prior to the date of the hearing.

Each notice of a hearing regarding an amendment to this chapter shall be published at least one time in an official newspaper of the Town at least 10 days' prior to the date of the hearing. All other provisions of NYS Town Law § 264 shall be adhered to.

Each notice of a hearing on an appeal authorized by this chapter shall be published in an official newspaper of the Town not less than 10 days prior to the date of the hearing.

Each notice of a hearing shall comply with the notice provisions of Chapter 62.

The Town Board, Planning Board or Zoning Board may continue a hearing to obtain additional information or upon request of the applicant. At the time of recessing, the time and date of the resumed hearing shall be announced, if possible. If no date of resumption is announced or if the hearing is recessed for a period of three months or more, public notice of resumption of the hearing shall be published.

Supplemental notice of public hearing. Within seven days of filing an application for site plan approval, special use permit, use variance, planned unit development, country hamlet, rezone or major subdivision, and at least 10 days before the scheduled public hearing, the applicant shall post placards with required notice at the subject property as follows:

Purpose. Where the strict application of certain provisions of this chapter may result in practical difficulties, unnecessary hardships and results inconsistent with the general purposes thereof, variances may be granted as provided in this chapter.

Authorization to grant or deny variances. A variance to this chapter shall be authorized by the Zoning Board in accordance with the standards and procedures set forth in this section. In granting a variance, the Zoning Board may impose conditions similar to those provided for a special use permit to protect the best interests of the surrounding property, the neighborhood or the Town as a whole.

Application for a variance. A property owner or his agents may initiate a request for a variance by filing an application with the Zoning Inspector using forms provided for such requests by the Town. Such application shall be accompanied by a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed variance, other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required in the Town's fee schedule.

Circumstances for granting variances. The Zoning Board may grant an area variance or a use variance pursuant to NYS Town Law § 267-b. All applications for an area variance or a use variance shall include written responses to the conditions enumerated in NYS Town Law § 267-b in order for the application to be considered by the Zoning Board.

Public hearing on a variance. Before the Zoning Board may act on a request for a variance, it shall hold a public hearing. Notice of the hearing shall be given as provided in § 280-50 and a decision shall be rendered within 62 days of the final hearing date.

Notification of decision. The Zoning Board shall notify the applicant for a variance, in writing, of the Board's decision within five days after the decision has been rendered.

Purpose. The purpose of special use permit review is to consider the proper placement of uses in the community and zoning district that are only suitable in such locations under appropriate conditions. Special uses require consideration of factors so that they are properly located consistent with the objectives of this chapter and are not detrimental to neighboring properties.

Authorization. The special uses listed in this chapter may be permitted, enlarged or altered upon authorization by the Zoning Board. An application for a special use permit shall be made on the application form provided by the Town. Ten copies of the application and required information as set forth below and fee shall be submitted to the Zoning Inspector. The application shall be accompanied by a site plan prepared and certified by a licensed engineer, architect, landscape architect or surveyor, in accordance with § 280-53E. The Zoning Inspector shall refer the site plan to the Planning Board for review under Subsection C below.

Site plan review by Planning Board.

Public hearing on a special use permit. Within 62 days of receipt of a complete application, the Zoning Board shall consider the application at a public hearing.

Factors for consideration.

Conditions. In permitting or amending a special use permit, the Zoning Board may impose, in addition to standards and requirements specified by the law, any recommendation made by the Planning Board in its site plan report, and additional conditions which the Zoning Board considers necessary to protect the interests of surrounding properties, the neighborhood, and the Town. These conditions may include but are not limited to increasing the required lot size or yard dimensions; limiting the height or size of buildings; controlling the location and number of vehicle access points; modifying street widths; modifying the number of off-street parking and loading spaces required; requiring type and quantity of lighting facilities to reduce off-site impacts; setting appropriate days and hours of operation; requiring measures to address potential stormwater, noise and odor impacts; limiting the number, size and location of signs; and requiring fencing, screening, landscaping or other facilities to protect nearby property. The Zoning Board may require a letter of credit, bond or maintenance bond for a facility or improvement that is indicated as part of the plan. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

Action. The Zoning Board shall render a decision within 62 days from the close of the public hearing. This time period may be extended by mutual consent of the applicant and the Zoning Board. The decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

Final site plan. A final site plan containing the conditions imposed by the Zoning Board in the special use permit shall be submitted, within 30 days of the filing of the Zoning Board's decision, to the Zoning Inspector for review of compliance with the terms of the special use permit. Unless provided otherwise in the special use permit, any imposed condition shall be satisfied before the issuance of a building permit.

A special use permit or amendment to a special use permit shall become null and void unless a certificate of occupancy is obtained within two years of the filing of the decision granting the special use permit, or, by conditions in the special use permit, a greater or lesser time is specified as a condition of approval, or unless the approval, upon good cause shown, is extended for a period of no more than one year.

The Zoning Board, on its own motion, may revoke a special use permit for noncompliance with the approved site plan or conditions in the special use permit after first holding a public hearing and giving notice of such hearing as provided in § 280-50. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate a condition imposed by a special use permit.

Purpose. The purpose of site plan approval review is to determine that a proposed development is in compliance with the objectives of this chapter, creates no unhealthful or unsafe conditions, and does not adversely impact adjacent land uses or the health, safety or general welfare of the community.

Authorization. The site plan uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Planning Board.

Optional sketch plan application.

Waiver of site plan review. The Planning Board may, after review of the sketch plan, waive the requirement for site plan approval for a minor site modification when:

Application for site plan approval. An application for site plan approval shall be made in writing on the application form provided by the Town. Ten copies of the application and required information as set forth below and applicable fee shall be submitted to the Town Planner. The application shall be accompanied by the following information, as required by the Planning Board, prepared by a licensed engineer, architect, landscape architect or surveyor, and certified by the seal and signature of such professional:

Waiver of submission requirements. The Planning Board may waive a submission requirement that it determines is not necessary for its review or inappropriate to a particular application.

Public hearing on site plan approval review. The Planning Board shall determine, based upon considering the factors contained in § 280-53H, whether a public hearing would be beneficial for its consideration of the application. A public hearing shall be held within 62 days of receipt of a complete application.

Factors for consideration.

Conditions. In granting site plan approval, the Planning Board may impose, in addition to standards and requirements expressly specified by the law, additional conditions which the Board considers necessary to protect the interests of surrounding properties, the neighborhood, and the Town. These conditions may include but are not limited to increasing the required lot size or yard dimensions; limiting the height or size of buildings; controlling the location and number of vehicle access points; modifying street widths; modifying the number of off-street parking and loading spaces required; requiring type and quantity of lighting facilities to reduce off-site impacts; setting appropriate days and hours of operation; requiring measures to address potential stormwater, noise and odor impacts; limiting the number, size and location of signs; and requiring fencing, screening, landscaping or other facilities to protect nearby property. The Planning Board may require a letter of credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plan. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

Action. When a public hearing has been held under § 280-53G, the Planning Board shall render a decision within 62 days from the close of the public hearing. When a public hearing has not been held, the Planning Board shall render a decision with 62 days of the filing of the complete application. These time periods may be extended by mutual consent of the applicant and the Planning Board. The decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

Final site plan. A final site plan containing the conditions imposed by the Planning Board in the site plan approval shall be submitted, within 30 days of the filing of the Planning Board decision, to the Zoning Inspector for review of compliance with the site plan approval. Unless provided otherwise in the site plan decision, any imposed condition shall be satisfied before the issuance of a building permit.

A site plan approval or amendment to site plan approval shall become null and void unless a certificate of occupancy is obtained within two years of the filing of the decision granting site plan approval or, by conditions in the site plan approval, a greater or lesser time is specified as a condition of approval, or unless the approval, upon good cause shown, is extended for a period of no more than one year.

The Planning Board, on its own motion, may revoke a site plan approval for noncompliance with the approved site plan or conditions in the site plan approval after first holding a public hearing and giving notice of such hearing as provided in § 280-50. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for a person to violate any condition imposed by a site plan approval.

Where the conditions imposed by a provision of this chapter are less restrictive than comparable conditions imposed by another provision of this chapter or of any other local law, resolution or regulation, the provisions which are more restrictive shall govern.

The Zoning Board shall have the power to determine an interpretation of any provision of this chapter.

The Town Board, Zoning Board and the Planning Board are hereby authorized to retain engineering consultants and/or such other expert consultants as are determined to be necessary to enable the full performance of the duties of the respective board relative to any matters before either board.

Payment for the services of such consultants and/or engineers is to be made from funds deposited by the applicant with the Town in escrow accounts for such purpose.

It shall be the responsibility of the applicant to submit to the Town, prior to the commencement of work associated with the application before the board or at such other time as directed by the board, a certified check in amounts equal to the estimate of the expert consultant and/or engineer for the cost of services to be rendered to the Town. This sum shall be released by the Town to the consultant or engineer in payment for services rendered upon acceptance by the Town of services.

No certificate of occupancy shall be issued for any building, except a one- or two-family dwelling, without a certificate of an architect duly licensed by the State of New York or other proof that the building as constructed complies in all respects with the applicable requirements of the NYS Uniform Fire Prevention and Building Code, and further proof satisfactory to the Zoning Inspector of the issuance of approval of water supply and sewage disposal facilities by all appropriate regulatory agencies having jurisdiction and whose approval is required by law.

The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures other than one- or two-family dwellings, or his designated representative, shall be responsible for making periodic visits to the construction site to familiarize himself with the progress and quality of the construction, and to determine, in general, if the construction is proceeding in accord with the drawings, specifications and addenda thereto which have been approved by the Building Department. The architect or professional engineer shall file reports with the Building Department at regular intervals indicating the times of such visits, the status of the construction and of any defect or discrepancy between the actual construction and the approved drawings and specifications affecting structural, fire, health or safety which he may observe, and shall advise the Building Department when such discrepancies have been corrected.

Upon completion of the construction, the architect or engineer shall file a certificate of the completion with the Building Department stating that to the best of his knowledge the building or structure has been completed in accord with the approved drawings, specifications and addenda thereto, insofar as structural, fire, health and life safety are concerned, or shall state any defects of which he is aware.

A temporary certificate of occupancy shall be issued only in cases of emergency or hardship and may not exceed six months in duration. No more than three temporary certificates of occupancy may be issued. A building shall be considered under construction and incomplete until there is a complete exterior of a story other than a basement.

Purpose. This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this section.

Authorization to initiate amendments. An amendment to the text of this chapter or the Zoning Map may be initiated by:

Application for an amendment to the Zoning Map. A property owner or his agent may initiate a request for an amendment to the Zoning Map by filing an application with the Zoning Inspector using forms provided for such requests by the Town. Such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof, a statement of the proposed use of the property if the zoning change is granted and a filing fee as required in the fee schedule established by Town Board resolution.

Public hearing on amendment. A public hearing shall be held by the Town Board before an amendment is permitted to the text of this chapter or the Zoning Map. Notice of the hearing shall be provided as required in § 280-50.

Referral to Planning Board. The Town Board shall refer all applications for a zoning amendment to the Planning Board, when such was not initiated by such Board or the Zoning Board, for review and recommendation. The Town Board may also specify the time limit on the review by the Planning Board.

Hearing before Town Board. In no case shall an amendment or change be considered by the Town Board until all provisions of this chapter have been met. If the Town Board proposes to adopt an amendment that is substantially altered from the recommendation of the Planning Board, the Town Board may refer the proposed amendment back to the Planning Board for report and recommendation before adoption.

Time of and notification of decision. The Town Board shall render a decision on the application for amendment to the Zoning Map within 62 days after the public hearing required herein has concluded. The Town Board shall notify the applicant for amendment to the Zoning Map, in writing, of the Town Board's decision within five days after the decision has been rendered.

Records of amendments. The Town Clerk shall maintain separate files and records of each amendment to the Zoning Map or this chapter, which shall be open to public inspection upon request.

Penalty. A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or by imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.

Alternative penalty. In case of a violation of any provision of this chapter or condition imposed by the Planning Board or Zoning Board in addition to the penalties herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land and to prevent any illegal act, conduct or business use in or about such premises.