Within 62 days following the close of the public hearing, where required, the reviewing board shall issue a decision by majority vote.

The reviewing board may vote to approve, approve with conditions or modifications, or deny the application.

Prior to issuing a decision on an accepted application, the reviewing board shall by resolution determine the application to be complete, noting any waived or additional required application materials.

Any such requirement or part thereof is found not to be requisite in the interest of the public health, safety, or general welfare;

Any such requirement is inappropriate or unrelated to the application; or

Any such requirement will not mitigate adverse impacts generated by the proposed project or will not aid in the buffering of dissimilar uses.

The Village shall refer all materials to the Erie County Planning Department pursuant to New York State General Municipal Law, as amended. This shall include, but is not limited to any application affecting the following:

No action shall be taken on applications referred to the County Planning Department until its recommendation has been received, or until 30 days have elapsed after the county's receipt of the application, unless the county and Village agree to an extension beyond the thirty-day requirement.

A majority plus one vote of the review board, otherwise known as a super majority, shall be required to grant any application approval that receives a recommendation of disapproval from the county. A resolution must also be filed setting forth the reasons for such contrary action.

The approved use or uses cease operation for more than one year for any reason;

The applicant fails to obtain necessary building permits or certificates of occupancy within one year of the approval date;

The applicant fails to comply with the conditions of the application's approval within one year of the date of issuance or completion of construction, where applicable;

The applicant fails to initiate construction within one year of the approval date;

The applicant fails to complete construction within three years of the approval date; or

The applicant fails to renew a time limited permit prior to the stated time period ending.

No person, firm or corporation shall commence the erection, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, or perform any other work for which a building permit is required by the NYS Uniform Code without first obtaining a separate building permit from the CEO for each such building or structure.

No building permit shall be required for the performance of ordinary repairs which are not structural in nature or any other activity for which a building permit is not required by the NYS Uniform Code.

All work for which such a building permit has been issued shall be fully completed within one year from the date of the issuance of the permit therefor and each permit shall expire one year from the date of its issuance.

The CEO, in consultation with the Village Board, may extend the period within which the work may be completed and the duration of the permits therefor upon written request of the permit holder. The permit holder shall identify the requested time period of such extension, not to exceed one year, and the reasoning for the extension.

Where the CEO finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

Where the CEO finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

Where the permittee fails or refuses to comply with the stop order issued by the CEO or other Village authority.

In connection with the work for which a building permit is required for any structure, other than a residential structure as is permitted in a residential district, no building permit shall be issued unless there are the seal and signature of a duly licensed architect or professional engineer on the plans and specifications on file in the Village Office.

During construction, it shall be the responsibility of said architect or professional engineer or his designated representative to make 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 accordance with the drawings, specifications and plans which have been submitted to the Village and constitute a basis for the issuance of the building permit.

Said architect or professional engineer shall file reports with the Village Clerk at regular intervals indicating the times of such visits and the status of the construction and shall, in particular, contain notice to the Clerk of any defects or discrepancies affecting structural, fire, health or safety which said architect or professional engineer may observe. It is understood that any such defects or discrepancies shall be corrected by the permittee, and the architect or professional engineer shall advise the Village Clerk when such discrepancies have been corrected.

Any action requiring the issuance of a building permit;

Any change in the use or occupancy of any land or structure; and

Any action subject to review and approval under this chapter.

Where the CEO finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the action was based.

Where the CEO finds that the use or action authorized by the permit is in violation of this chapter and any other applicable laws, codes, rules, and regulations of the Village of Hamburg and New York State.

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.

Conformance with the Village of Hamburg Comprehensive Plan, and other adopted plans, studies, and guidelines.

Conformance with the district, building, use, and lot requirements, as provided by Part 2 of this chapter.

Conformance with all applicable additional use regulations, as provided for by Article 23 of this chapter.

Adequacy of building and site design and development features, as required by Part 3 of this chapter.

Adequacy of existing and/or proposed public facilities and services, such as roadway capacity, police and fire protection, drainage structures, water and sewage facilities, refuse disposal, and schools, to serve the use.

Location, arrangement, size, and design of proposed on-site signage, external lighting, and other incidental building or site amenities.

Siting of the use so that existing or proposed features of the property would mitigate any potential adverse effect or nuisance to residential property.

Create a hazard to the public health, safety and general welfare;

Alter the character of the neighborhood or be detrimental to the residents thereof through the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;

Cause significant traffic congestion or create a traffic hazard;

Cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area;

Cause adverse environmental impacts such as significant erosion, runoff, sedimentation, slope destruction, flooding, or degradation of water quality;

Destroy or adversely impact historic properties; or

Otherwise result in an excessive or significant negative impact on the community that cannot be mitigated.

Ordinary repair or maintenance or interior alterations to existing structures or uses.

Construction of decks, porches, or patios ancillary to a residential use.

Ordinary repair, maintenance, or replacement of landscaping, fencing, exterior lighting, decks, patios, porches, parking areas, or driveways.

Installation, maintenance, or replacement of permitted signs.

Demolition of structures shall require the issuance of a demolition permit as required in Chapter 126 of the Village of Hamburg Code.

No demolition permit shall be issued until a redevelopment site plan for such property has been approved, pursuant to this article. The Village Board may authorize the issuance of a demolition permit without an approved redevelopment plan by majority vote.

Minor site plan. No public hearing shall be required for a minor site plan. However, the Village Board may elect to hold a public hearing as part of their review if deemed necessary.

Major site plan. A public hearing shall be held by the Village Board prior to issuing a decision on any major site plan application.

Upon approval by the Village Board, the Chairman of the Planning Commission shall endorse the approval via signature on a copy of the approved site plan.

For conditionally approved plans, the Village Board shall endorse its approval only after adequate demonstration to the Village Board that all conditions have been met.

Where a special use permit is required, the provisions of Article 43 shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.

Site plan review approval shall be contingent upon the issuance of a special use permit by the Village Board. In the event that the special use permit is denied, the site plan decision shall be null and void.

Siting, constructing, or demolishing any structure in nonresidential districts, including Limited Commercial Residential (LCR).

Constructing, altering, reconfiguring, or demolishing structures and additions not exceeding 250 square feet in gross floor area and one story in height in nonresidential districts, including LCR.

Siting, planting, erecting, or reconfiguring landscaping, fencing, screening, or exterior lighting on lots in all districts, except for properties containing single- or two-family dwellings in residential districts.

Constructing, altering, reconfiguring, or demolishing decks, patios, porches, or other outside seating areas accessory to a nonresidential use.

Siting, paving, altering, reconfiguring, or removing off-street parking areas of 25 spaces or less.

Siting, erecting, reconfiguring, or removing mechanical equipment, such as generators or HVAC systems, in nonresidential districts, or any commercial or industrial use in a residential district.

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 certified land survey, or other document deemed acceptable by the CEO.

A site plan showing the following:

Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

All NYS SEQR documentation as required by law.

The required application fee.

Subdivisions, as regulated by Chapter 207 of the Village of Hamburg Code.

Siting, constructing, or demolishing single-family dwellings in nonresidential districts.

Siting, constructing, or demolishing two-family or multifamily dwellings.

Constructing, altering, reconfiguring, or demolishing structures occupied by a specially permitted use.

Constructing, altering, reconfiguring, or demolishing structures and additions exceeding 250 square feet in gross floor area or one story in height.

Siting, paving, altering, reconfiguring, or removing off-street parking areas of more than 25 spaces.

Minor site plan review actions resulting in the erection, alteration, reconfiguration, of removal public or private utility infrastructure.

Application form, including the name, address, and signature of the applicant, property owner, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials.

Description or narrative of all proposed uses and structures, including but not limited to hours of operation, peak number of employees, maximum seat capacity, and proposed number of off-street vehicle and bicycle parking spaces.

A site plan drawn at a scale of 1/4 inch equals one foot or such other scale as the reviewing board may deem appropriate, on standard twenty-four-inch-by-thirty-six-inch sheets, with continuation on 8 1/2-by-eleven-inch sheets as necessary for written information.

A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the CEO.

Plans indicating the following with regard to the property in question, where applicable.

The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 100 feet of the property in question.

The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.

The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.

The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.

The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.

The location of existing and proposed utility systems including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales, subject to the requirements of Chapter 200 of the Village Code.

The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures.

The location, height, size, material, and design of all existing and proposed signs.

A detailed traffic study, upon request of the reviewing board, to include:

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

Natural resource inventories and/or tree surveys.

Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color or materials to be used.

Plans for disposal of construction and demolition waste.

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

A schedule for completion of each construction phase for buildings, parking, and landscaped areas.

Identification of any state or county permits required for the project and record of application for and approval status of such permits.

All NYS SEQR documentation as required by law.

The required application fee.

Any area within the Village may be eligible for a PUD District, provided the property under consideration includes at least 1.5 acres of contiguous land area.

An exception may be made to this requirement by majority vote of the Village Board affirming that the proposed PUD District otherwise meets the purpose and intent of this article. Such affirmation shall not constitute approval of the proposed PUD District.

Upon receipt of recommendation from the Planning Commission and ARC, the Village Board shall consider such PUD District application as a rezoning provided by Article 48 of this chapter.

If the Village Board approves the application and site plan, the Zoning Map and text shall so be amended.

A subdivision application may be submitted in conjunction with a PUD District application and processed concurrently. All subdivision applications related to a PUD must comply with Chapter 207 of the Village of Hamburg Code and shall be reviewed as outlined therein.

If the requirements of this chapter are found to be in conflict with that of Chapter 207, the requirements of this chapter shall take precedence.

All public and private streets, off-street parking areas, loading areas, driveways, sidewalks, crosswalks, ramps, curbs, and paths;

All structures and their proposed uses, including all dimensions of height and floor area, exterior entrances, and anticipated future phases, additions, or alterations;

All parks, playgrounds, recreational structures and facilities, open spaces, common property;

All methods of waste disposal;

All areas of outdoor storage;

All signs, fences, retaining walls, and other minor site improvements; and

All fire and emergency zones, including fire hydrants.

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.

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 board or commission.

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.

Appeal applications must be submitted 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.

In exercising the appeal power, the ZBA has all the powers of the village 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.

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.

Any person or persons jointly or severally aggrieved by any decision of the ZBA or other such review board charged with the administration and enforcement of this chapter may apply to the NYS Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules.

Such proceeding shall be instituted within 30 days after the filing of the review board's decision in the office of the Village Clerk.

Costs shall not be charged to the Village unless it shall appear to the Court that it acted in gross negligence or in bad faith or with malice in making its decision.

The Village Board shall hear and decide on proposed amendments, upon receipt of recommendation by the Planning Commission, ARC, and/or ZBA, where applicable.

The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with this article and NYS General Municipal Law.

If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or official Zoning Map, the text and/or map shall be amended after publication as required by NYS General Municipal Law.

The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition additional conditions deemed necessary to achieve the review criteria.