Manchester Town City Zoning Code
PART 6
Review and Approval Procedures
§ 325-60.1 Purpose and applicability.
A.
Purpose. This article is intended to provide the general procedures, requirements, and review criteria for all development and permit applications submitted to the Town.
B.
Applicability. The provisions of this section apply to all the articles in this Part (Part 6) unless otherwise stated.
C.
Review body. For the purposes of this chapter the terms "reviewing body," "review body," or "decision-making body" shall refer to any Town board, commission, committee, or agent with review and/or approval authority as enacted under this chapter.
D.
Unresolved violations.
1)
Applications shall not be accepted for review that include a parcel(s) for which there is an outstanding, unresolved written violation from the CEO that is not the subject of said application.
2)
Applications which address such outstanding, unresolved violation may be accepted provided the application includes actions to rectify the violation.
§ 325-60.2 Pre-application conference.
A.
Purpose. The purpose of the pre-application conference is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Town in order to better prepare the applicant and project application for the site plan review process.
B.
Conference recommended. It is recommended that applicants request a pre-application conference prior to entering the formal application review process to discuss the nature of the proposed application and to determine the best course of action for submittal.
C.
Conference representatives. By request of the applicant, pre-application conferences may be held with the CEO and/or the appropriate application review body. A conference with the reviewing body may be held during a scheduled public meeting.
D.
Advisory opinion. In no way shall any comments or feedback provided by the Town during a pre-application conference be construed as an indication of decision or be legally binding in any way.
E.
Application material. Materials presented during the pre-application conference may be incomplete and/or conceptual in design. A formal, complete application is required to be considered for approval prior to action.
§ 325-60.3 Application submittal.
A.
Form of application.
1)
Applications required under this chapter must be submitted to the CEO in a form and in such numbers as required herein.
2)
Applications must be filed and accepted at least two weeks (14 days) prior to the date of the scheduled meeting of the applicable review body.
3)
The following number of copies shall be required for application submittal:
i.
All applications: one electronic copy in PDF or other acceptable form.
ii.
Administrative applications: at least two hard copies.
iii.
Planning board applications: at least eight hard copies.
iv.
Zoning board applications: at least seven hard copies.
v.
Applications requiring county referral: at least one additional hard copy.
4)
The Town may provide checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information may be made available in the Town Office.
B.
Application acceptance.
1)
The CEO shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.
2)
The acceptance of an application by the CEO shall in no way shall be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serves as an acknowledgement to the receipt of required application materials.
3)
If an application is determined to be inadequate, the CEO must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies that will prevent competent review of the application.
4)
No further processing of the application will occur until the deficiencies are corrected. 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.
5)
The CEO may require that applications or plans be revised before being placed on the agenda of the reviewing body if the CEO or reviewing body determines that:
i.
The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning law standards; or
ii.
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning law standards.
iii.
Additional application materials are necessary for an adequate, informed review.
C.
Application filing fees.
1)
Application filing fees are required for processing permits and applications to the CEO, Town Board, Planning Board, and Zoning Board of Appeals.
2)
Fees shall be determined and set by the Town Board. A fee schedule shall be kept on file at the Town Office.
3)
The payment of fees is not required with applications initiated by the Town Board or other authorized review body of the Town.
4)
Application fees are nonrefundable.
D.
Waiving application requirements. The Planning Board is authorized to waive or modify, in whole or in part, required application material in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular application.
E.
Additional application requirements. The reviewing body may require the applicant to provide additional material necessary for a complete, adequate, and informed review. Such additional material shall be deemed necessary by a majority vote of the reviewing body.
§ 325-60.4 Reimbursements.
Fee reimbursement as set forth in Chapter 175 of the Code of the Town of Manchester, but not limited thereto, shall be applicable to all reasonable administrative costs, expenses, and disbursements incurred by the Town of Manchester in reviewing and processing applications, which may or may not be approved. The assessment of such fees shall be subject to the audit of the Town Board. Reasonable costs may include, but are not limited to, the following:
A.
Professional review. Any engineering, architectural, historical, planning, technical, environmental, attorney, or other expert or professional consultant fees obtained to aid in the review of an application.
B.
Noticing fees. Any costs for the mailing, posting, or otherwise distributing public hearing notices as required for the application under consideration.
§ 325-60.5 Action by review and decision-making bodies.
A.
Public hearing. Where required by NYS Law and regulations of the chapter, the reviewing body shall hold at least one public hearing prior to the issuance of a decision on an application.
B.
SEQR. Where required by NYS Law, the review body shall complete all required documentation and procedures in accordance with the State Environmental Quality Review Act (SEQRA).
C.
Issuance of decision.
1)
Within 62 days following the close of the public hearing, where required, the reviewing body shall issue a decision to approve, approve with conditions or modifications, or deny the proposed application.
2)
No decision may be made by the reviewing body until referral to and receipt of response by the Ontario County Planning Board is completed, where required.
3)
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 requirements.
D.
Conditions of approval. In issuing a decision, review bodies are authorized by NYS Town Law to impose such reasonable conditions, restrictions, and/or modifications as are directly related to the proposal in order to protect the health, safety, and general welfare of the public to the greatest extent practicable.
E.
Deferring action. Review and decision-making bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.
F.
Written decisions. A written decision of the review body shall be promptly filed in the Town Clerk's Office and provided to the applicant.
§ 325-60.6 Referrals.
A.
Internal referral. The reviewing body may refer any application to another Town board, committee, department, or official for review, comment, and advisement. Within 30 days of referral the receiving body shall submit its recommendation in writing with a summary of findings to the reviewing body.
B.
Professional referral. 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. Reimbursement of any costs incurred by the Town may be required in accordance with § 325-60.4.
C.
County referral. Applications shall be referred to the Ontario County Planning Board pursuant to NYS GML 239-m and NYS GML 239-n[1]; and in accordance with any planning referral agreements between the Town and County.
[1]
Editor's Note: See the NYS General Municipal Law, §§ 239-m and 239-n.
§ 325-60.7 Review and decision-making criteria; burden of proof or persuasion.
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decision-making criteria.
§ 325-60.8 Public hearing process.
A.
Conducting public hearings.
1)
The reviewing body shall schedule, notice, and conduct a public hearing for applications as required by this chapter and NYS Law.
2)
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.
3)
A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced during the public hearing.
4)
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.
5)
If the applicant requests a postponement, the applicant must pay all costs of renotification.
B.
Public hearing notices.
1)
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.
2)
Mail. Whenever the provisions of this chapter require, notice must be sent by mail at least 10 days in advance of such hearing. Such notice shall:
i.
Be based on the latest property ownership information available from the Real Property Assessment Records. When required notices have been properly addressed and deposited in the U.S. mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.
ii.
Follow the minimum distance requirement for mailed notices to nearby property owners as set by NYS Law. Where the provisions of this chapter may be in conflict, the greater requirement shall apply.
3)
Posted notice. When the provisions of this chapter require, the following notice shall be made:
i.
Posted notice plainly visible within Town Hall.
ii.
Posted notice placed on the property in question at least 10 days prior to the date of the public hearing. The applicant shall obtain a public notice sign from the Town and ensure its placement in a manner that is plainly visible. Upon close of the public hearing, the sign shall be returned.
4)
Online notice. Notice may also be posted to the official website and/or social media accounts of the Town.
C.
Re-hearings. A motion to hold a re-hearing to review any order, decision or determination of the reviewing body not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such re-hearing to occur. Such re-hearing is subject to the same notice provisions as an original hearing. Upon such re-hearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board 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.
§ 325-60.9 Building permit required.
A.
Actions requiring permit.
1)
All persons desiring to undertake any new construction, structural alteration or change to the use of a building or lot shall apply with the CEO for a building permit. No building or structure shall be erected, added to or structurally altered until a permit has been issued by the CEO.
2)
No such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any provision of this chapter, except upon written order of the Zoning Board of Appeals.
3)
All applications for such permits shall be in accordance with the requirements of this chapter and New York State Uniform Fire Prevention and Building Code.
4)
Agricultural structures not for public use and located in a County Agricultural District shall not require the issuance of a building permit in accordance with NYS Agriculture and Markets Law.
B.
Application for a building permit. There shall be submitted with all applications for building permits two copies of the layout or plot plan, drawn to scale and showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the proper enforcement of this chapter. All applications shall be upon forms provided by the CEO.
C.
Public records. One copy of such layout or plot plan shall be returned when approved by the CEO, together with such permit, to the applicant upon the payment of a fee as indicated in this article. The second copy, with a copy of each application with accompanying plan, shall become a public record after a permit is issued or denied.
D.
Water supply and sewage disposal. All water supply and sewage disposal installations shall conform to the New York State Department of Health regulations. No plot plan shall be approved by the CEO in any zone unless such conformity is certified on the plan. Drainage affecting adjacent properties shall be considered by the CEO before issuing a building permit, including possible runoff to said properties.
E.
Issuance of building permits.
1)
It shall be the duty of the CEO to issue a building permit, provided that he or she is satisfied that the proposed structure, premises, and use thereof conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals have been secured therefor.
2)
All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.
F.
Denial of permits. When the CEO is not satisfied that the applicant's proposed development or use will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the CEO's decision.
G.
Revocation, expiration, suspension. The revocation, expiration, or suspension of a building permit shall follow the regulation and procedure of Town Code Chapter 123.
§ 325-60.10 Certificates of occupancy.
A.
General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the CEO stating that the building or proposed use thereof complies with the provisions of this chapter.
B.
Application for certificate of occupancy. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter and all other applicable provisions of the Town Code.
C.
Change or extension of nonconforming use. No nonconforming use shall be changed or extended without a certificate of occupancy (certificate of existing use therefor) having first been issued by the CEO.
D.
Application mandatory. No permit for excavation for or the erection or alteration of any building shall be issued until an application has been made for a certificate of occupancy.
E.
Record. The CEO shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
F.
Procedure. The application and record of a certificate of occupancy shall follow that of Town Code Chapter 123.
§ 325-60.11 Penalties.
A.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the CEO, who shall properly record such complaint and investigate.
B.
Penalties. A violation of this chapter is hereby declared to be a criminal offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of each offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Penalties may be compounding in the case of multiple offenses. Each week's continued violation shall constitute a separate additional violation, carrying with it a fine of $50 for each additional day the violation continues.
C.
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained, or demolished or any building, structure or land is used in violation of this chapter or of any law or regulation made under authority conferred hereby, the governing body or, with its approval, the CEO or other proper official, in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 325-61.1 Authority to file.
Amendments to the text or map of this zoning law may be initiated by the Town Board, Planning Board, and Zoning Board of Appeals, or by a petition requesting the amendment presented to the Town Board.
§ 325-61.2 Public hearing.
A.
Hearing required. The Town Board shall hold a public hearing for all zoning law amendments prior to issuing their decision.
B.
Notice. Public notice of hearing shall be provided in newspaper, mail, and posted form in accordance with § 325-60.8 of this chapter. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
§ 325-61.3 Planning Board review.
The Planning Board shall review all proposed zoning law amendments and provide a report to the Town Board recommending approval, approval with conditions or modifications, or denial.
§ 325-61.4 Referrals.
A.
County referral. Referral shall be made to the Ontario County Planning Board in accordance with NYS General Municipal Law § 239-m.
B.
Additional referrals. Referral shall also be made as noted herein where the property subject to a zoning amendment is located within 500 feet of:
1)
The boundary of a city, village or town; upon the clerk thereof;
2)
The boundary of a county; upon the clerk of the board of supervisors or other official performing like duties;
3)
The boundary of a state park or parkway; upon the regional state park commission having jurisdiction over such state park or parkway; and
4)
The property of the housing authority erecting or owning a housing project authorized under the public housing law; upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto. (See NYS Town Law § 16-264 for further information.)
§ 325-61.5 Town Board action.
A.
After receiving the report of the Planning Board, the Town Board must convene a public hearing on the proposed amendment.
B.
The Town Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 325-61.7. In the case of a valid protest petition, approval or approval with modifications requires a three-fourths vote of the members of the Town Board.
C.
If the Town Board approves the amendment, supplement, change or modification to the zoning law, the Zoning Code and Map, as applicable, shall be amended after publication as required by NYS Law.
§ 325-61.6 Review criteria.
In reviewing and making decisions on zoning law amendments, the reviewing body shall consider the following criteria, as applicable:
A.
Whether the proposed amendment corrects an error or inconsistency in the zoning law or meets the challenge of a changing condition;
B.
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;
C.
Whether the proposed amendment is in the best interests of the municipality as a whole;
D.
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested re-zoning;
E.
Whether any re-zoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
F.
Whether any re-zoning is compatible with the zoning and use of adjacent property;
G.
Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and
H.
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.
§ 325-61.7 Protest petitions.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of NYS Town Law § 265, which requires the approval of at least three-fourths of the members of the Town Board.
§ 325-62.1 Intent.
The intent of the site plan review process is to preserve and enhance the character of a neighborhood, achieve compatibility with adjacent development, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improve the overall visual and aesthetic quality of the Town, and increase the capability of the Zoning Code to adapt to a variety of unique circumstances.
§ 325-62.2 Applicability.
A.
Review required. No construction or site improvement work may commence until site plan approval, where required by this chapter, has been granted.
B.
Review actions. Development actions shall be subject to site plan review as noted in the following table and as otherwise noted in this chapter.
Action | Exempt | SPR |
|---|---|---|
Construction/establishment of new use or structure | ||
Single-family residential | ● | |
Two-family and multiple-family residential | ● | |
Nonresidential | ● | |
Agricultural | ● | |
Accessory, residential | ● | |
Accessory, nonresidential | ● | |
Expansion/alteration of existing use or structure | ||
Single- or two-family residential | ● | |
Multiple-family residential | ● | |
Nonresidential | ● | |
Agricultural | ● | |
Accessory (under 20% of gross floor area) | ● | |
Accessory (over 20% of gross floor area) | ● | |
Installation/alteration of landscaping, fencing, outdoor lighting, or mechanical equipment | ||
Single- and two-family residential | ● | |
Multiple-family residential | ● | |
Nonresidential | ● | |
Agricultural | ● | |
Installation/alteration of stormwater drainage system or pond | ||
Residential | ● | |
Nonresidential | ● | |
Agricultural | ● | |
Installation/alteration of driveway | ||
Approved residential driveway | ● | |
Nonresidential, existing curb cut | ● | |
Nonresidential, new or altered curb cut | ● | |
Installation/alteration of off-street parking area | ||
Approved residential driveway | ● | |
Nonresidential | ● | |
Installation/alteration of other uses or structures | ||
Agricultural waste management facility/manure storage | ● | |
Drive-through facility | ● | |
Farm stand | ● | |
Park or playground equipment | ● | |
Ponds | ● | |
Solar energy system | ● | |
Telecommunications tower or facility | ● | |
Walk-up service windows | ● | |
Other actions | ||
Ordinary repair or maintenance of use or structure | ● | |
Interior alterations | ● | |
Subdivisions (Chapter 275 of Town Code) | ● | |
Planned Development Districts (Article 68) | ● | |
Amendment to or deviation from approved site plan | ● | |
Actions involving utility structure(s) | ● | |
§ 325-62.3 Review procedure.
A.
Application processing. All applications shall be submitted, processed, and reviewed in accordance with Article 60 of this chapter.
B.
Authorized review body. Site plan applications shall be reviewed and decided upon by the Planning Board.
C.
Public hearings.
1)
A public hearing shall be required for all site plan applications.
2)
All public hearings shall be duly noticed in accordance with § 325-60.8, including newspaper, mail, and posted notices. Mailed notice shall be made to owners of all property within 300 feet of the property in question.
D.
Coordinated reviews. The following reviews may be conducted concurrently as provided herein. Where applicable, duplicate application materials may be combined to satisfy submittal requirements.
1)
Special use permit. Where a special use permit is also required, the application requirements of Article 64 shall also apply. In the event that the special use permit is denied, the site plan decision shall be null and void.
2)
Subdivision. Where subdivision review and approval is also required, the requirements of Chapter 275 of the Town Code shall also apply.
3)
Variance. Where a variance is required, a referral should be made to the ZBA[1] for an advisory opinion on the appropriateness of such variance and potential amendments to the site plan. Should the applicant fail to secure variance approval, the site plan shall be amended accordingly.
[1]
Editor's Note: ZBA stands for Zoning Board of Appeals.
E.
County referral. County referral shall be required for site plan review applications in accordance with § 325-60.6.
F.
Approvals. Upon approval, the Planning Board Chair shall endorse its approval via signature on a copy of the site plan. For conditionally approved plans, the Planning Board Chair shall endorse its approval only after demonstration that the site plan has been amended to reflect such conditions or modifications.
§ 325-62.4 Site plan materials.
All applications for site plan review shall be made by the owner or the owner's agent and filed in accordance with this chapter. The application shall include, as applicable, the following information. The Planning Board may require the following be prepared by a licensed engineer, architect, landscape architect or surveyor, where deemed necessary for an informed, adequate review.
A.
Application form, including the name, address, and signature of the applicant, property owner, and developer.
B.
Present zoning district in which the site is located.
C.
A copy of the Tax Map.
D.
Description or narrative of all existing and 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.
E.
Identification of historic resources and environmental issues, where applicable.
F.
A site plan drawn at a scale of one-quarter inch equals one foot or such other scale as the Planning Board 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:
1)
Scale, North arrow, and date.
2)
The location of all properties and property lines, their ownership, uses thereon, subdivisions, rights-of-way, easements, and adjacent buildings within 100 feet of the property in question.
3)
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, outdoor storage, and anticipated future additions and alterations.
4)
The location of all existing and proposed topography features, including but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes (exceeding 15%), wetlands and/or floodable areas within the 100-year floodplain, and watersheds.
5)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed, subject to the requirements of Article 54 of this chapter.
6)
The location, height, intensity, cutsheets, bulb type, and light color of all exterior lighting fixtures, subject to the requirements of Article 55 of this chapter.
7)
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, subject to the requirements of Article 51 of this chapter.
8)
The location of all access connections on both sides of the road within 500 feet of the subject property.
9)
Drawings or sketches that illustrate the height, bulk, and design characteristics of the proposed building, and indicate major materials to be used.
10)
A waste and trash management plan including the proposed location, appearance, and operation of dumpsters or other trash receptacles.
11)
The location, height, size, material, and design of all existing and proposed signs, subject to the requirements of Article 52 of this chapter.
12)
A storm drainage and grading plan showing new and/or modified downspouts and plan or system for the collection and disposal of stormwater, or, if applicable, a stormwater pollution prevention plan. Such practices and systems shall also be subject to the requirements of Chapter 269 of the Town of Manchester Code.
13)
Plans to prevent the pollution of surface or ground water, 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.
14)
The location of existing and proposed utility systems, and if required, easements. This shall include sewage or septic, water supply, telephone, cable, and/or electric. If a private sewerage system is used, plans for the system shall bear the stamped approval of a professional licensed engineer.
15)
A certified topographic survey extending 50 feet beyond the property line at no more than five-foot contour intervals. If the site has susceptibility to erosion, flooding or ponding, contour intervals of not more than two feet of elevation should also be provided.
16)
A map showing that the proposed site can possess at least 35% green space including any space occupied by water retention facilities; recreation.
17)
The design of all fire protection design elements, including, but not limited to, the location of fire hydrants, other emergency zones, and exits.
18)
A natural resource inventory and/or tree survey.
19)
An estimated project construction schedule.
20)
Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.
21)
All NYS SEQR documentation as required by law.
22)
The application fee.
23)
Developer's clause:
On behalf of __________ (Developer-Applicant), we hereby certify and agree that the submitted plans meet all the requirements and specifications described in Article 62 (Site Plan Review), and any other applicable sections of the Town of Manchester Code. Notwithstanding any notes, provisions or specifications in the plans, we agree on behalf of the Developer-Applicant that Town of Manchester Code specifications shall take precedence over any such notes, provisions or specifications which may be inconsistent with and/or not in conformance with the Town of Manchester Code specifications. We further agree that in the event of any inconsistency or ambiguity between the notes, provisions or specifications on the final plans and the Town of Manchester Code, that in all cases the Town of Manchester Code specifications shall be controlling with respect to the work, materials or other requirements. |
__________ Signature of Developer |
__________ Signature of Developer's Engineer or Design Professional |
G.
Elevations at a scale of one-quarter 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.
H.
Soil logs, test well, percolation test results, and/or stormwater runoff calculations.
I.
A detailed traffic study, upon request of the Planning Board, to include:
1)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
2)
The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
3)
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.
J.
A schedule for completion of each construction phase for buildings, parking, and landscaped areas.
K.
Identification of any state or county permits required for the project and record of application for and approval status of such permits.
§ 325-62.5 Review criteria.
A.
Standard criteria. The reviewing body shall consider the following, as applicable, when reviewing a site plan application.
1)
Conformance with this chapter and the Town's Comprehensive Plan.
2)
Conformance with the Town of Manchester Site Design and Development Criteria.
3)
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.
4)
Adequacy and arrangement of pedestrian and bicyclist traffic access and circulation, including separation of pedestrians and bicyclists from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian and bicyclist convenience.
5)
Relationship of proposed uses to existing adjacent uses, including, but not limited to, landscape transitions, buffering, and harmony of uses.
6)
Adequacy of landscaping and site treatment, including, but not limited to, plant types and sizes, hardscape elements, lighting, setbacks, protection of adjacent residential uses.
7)
Relationship of proposed buildings to the site, including, but not limited to, building placement, access, pedestrian movement, parking, and building scale.
8)
Appropriateness of building design, including, but not limited to, design quality and relationship to surrounding building scale, style, materials, and sightlines.
9)
Location, arrangement, size, design and general site compatibility of all off-street parking areas, outdoor lighting, landscaping, and signs.
10)
Adequacy of interior circulation for emergency vehicle access.
11)
Adequacy of water supply, stormwater, and sanitary waste disposal facilities.
B.
Performance standards. In all districts, uses are not permitted which violate applicable county, state and/or federal codes and regulations pertaining to environmental issues as well as the performance standards of this chapter (§ 325-50). The Planning Board, under its powers of site plan review and approval, shall decide whether uses meet these standards.
§ 325-62.6 Modifications to site plans.
A.
Required changes. The Planning Board may require changes or additions in relation to yards, driveways, landscaping, buffer zones, etc., to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties. Modifications requiring a variance shall not be permitted without approval by the Zoning Board of Appeals. Should the Planning Board require changes or additional facilities, final approval of site plan shall be conditional upon satisfactory compliance by applicant in making the changes or additions.
B.
Applicant-proposed changes. Any applicant wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
§ 325-62.7 Site plan termination.
A.
Validity. Site plan approval shall be valid for a period of one year from the date thereof for the purpose of obtaining building permits. Failure to secure, without subsequent revocation or termination, a building permit during this period, or revocation or termination of a building permit subsequent to this period, shall cause the Site Plan Approval to become null and void.
B.
Extension. Upon application, the Planning Board may extend this period to not more than seven years from the date of final site plan approval.
C.
New application. Nothing herein shall prohibit a new application for site plan approval following such termination in accordance with the requirements of this chapter.
§ 325-63.1 Purpose.
This article regulates and limits the continued existence of uses, structures, lots, and all accessory uses and structures established prior to the effective date of this chapter that do not conform to the regulations set forth by this chapter in the applicable zoning districts in which such nonconformities are located. Such nonconforming uses, buildings, or lots are subject with the regulations set forth in this article for the purposes of the following:
A.
To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.
B.
To regulate their maintenance and repair.
C.
To restrict their rebuilding if substantially destroyed.
D.
To require their permanent discontinuance if not operated for certain periods.
E.
To require the conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Comprehensive Plan and this chapter.
§ 325-63.2 General provisions.
A.
Determination of nonconforming status. The determination of any nonconforming use shall be made by the CEO.
B.
Repair and alteration. Normal maintenance and repair of, and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend or expand the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection C or in a building occupied by a nonconforming use permitted to extend under Subsection D.
C.
Change of use. A nonconforming use may not be changed to a more intensive nonconforming use nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building, or structure shall not be enlarged except upon the issuance of a variance from the Zoning Board of Appeals.
D.
Extension or enlargement of nonconforming use. Extension or enlargement shall mean:
1)
The enlargement of such building so as to create additional floor space or an increase in height.
2)
The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
3)
The extension of the use to any area outside of the building.
4)
In the case of a nonconforming, non-building land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.
E.
Damage and destruction. If a building occupied by a nonconforming use is damaged to the extent of 50% or less than its assessed valuation, excluding the full value of the land, as determined by the Town Assessor, such building may be repaired, provided that substantial work is undertaken within one year after such damage; otherwise, such building shall thereafter be occupied only by a conforming use and structure. This provision shall not prevent the repair of a nonconforming building damaged to the extent of more than 50% of its assessed valuation, provided that substantial work is undertaken within one year after such damage; otherwise, such building shall thereafter be occupied only by a conforming use and structure.
F.
Discontinuance or abandoning of use.
1)
A nonconforming use that has been discontinued for 12 consecutive months shall not be reestablished and any future use shall be in conformance with the provisions of this chapter.
2)
Where multiple uses exist, partial abandonment shall take place for those specific uses that meet the criteria of this section.
3)
A use shall be considered discontinued or abandoned if one or more of the following apply:
i.
Failure to occupy the property or continue the operation of the use;
ii.
Failure to maintain any equipment, supplies, stock, or utilities that would be used for the active operation of the use; or
iii.
Failure to maintain, or renew when expired, any valid federal, state, or local permit or license that is required for the active operation of the use.
G.
Nonconforming parking and loading facilities.
1)
A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective, but which does not conform to the off-street parking and loading requirements, may be occupied or continued without such facilities being provided.
2)
Any such spaces that may be provided thereafter shall comply with the requirements of Article 51 of this chapter.
3)
If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 51 of this chapter.
H.
Nonconforming lots. No parcel or lot, after the adoption of this chapter or amendment thereto, shall be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendments thereto. Lots subdivided prior to the adoption of this chapter or any amendment and not meeting the minimum lot size requirements may be built upon, provided that the bulk requirements for any use within the district are met except as provided in § 325-53.1.
I.
Nonconforming signs. Nonconforming signs must comply with the requirements set forth in § 325-52.18.
§ 325-64.1 Purpose.
The purpose of this section is to regulate those uses that have some particular impact or unique characteristics which require a case-by-case review of their location design, configuration and impacts on the surrounding area. By requiring the individual review of special use permit applications, the reviewing body helps to determine the level of compatibility and desirability of a use in its proposed location.
§ 325-64.2 Applicability.
A.
Permit required. A special use permit shall be required in accordance with the district use tables in Parts 2 and 3 of this chapter, and as noted in Part 4.
B.
Additional use regulations. In addition to the general district and development requirements, specially permitted uses shall also conform to the requirements of Article 40, where applicable.
C.
Preexisting special uses.
1)
Any preexisting special use which was established prior to the enactment of this section, and which is permissible as a special use in the district where it is located, shall be considered a conforming use unless discontinued for one year or more. Special uses discontinued for one year or more require a special use permit approval, in accord with the provisions of this section.
2)
Preexisting special uses shall not be enlarged, relocated, extended or increased in intensity without a special use permit approval in accord with the provisions of this chapter. Any special use permits approved in accord with this subsection shall apply only to the additional activity of the preexisting special use.
§ 325-64.3 Review procedure.
A.
Application processing. All applications shall be processed, reviewed, and decided upon in accordance with Article 60 of this chapter.
B.
Authorized review body. The Planning Board shall review and decide upon all special use permit applications.
C.
Public hearings.
1)
A public hearing shall be required for all special use permit applications.
2)
All public hearings shall be duly noticed in accordance with § 325-60.8, including newspaper, mail, and posted notices. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
D.
Coordinated reviews. Where site plan review is also required, the requirements of Article 62 shall also apply. Where applicable, duplicate application materials may be combined to satisfy submittal requirements. In the event that the special use permit is denied, the site plan decision shall be null and void.
E.
County referral. County referral shall be required in accordance with § 325-60.6.
§ 325-64.4 Application requirements.
The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file special use permit applications. The special use permit application shall include:
A.
An application form, including the name, address, and signature of the applicant, property owner, and developer.
B.
A site plan denoting the location of the subject property and all structures thereon, as well as all property, uses, and structures within 300 feet of the proposed use.
C.
A description of the proposed use and nature of its operation, including:
1)
A business plan, vision, or model, and/or summary of products, goods, and services to be sold or provided;
2)
The proposed hours of operation;
3)
The number of employees at maximum shift;
4)
The maximum seat capacity;
5)
The timing and manner of any and all anticipated deliveries;
6)
A recycling and waste management plan; and
7)
The nature and type of all mechanical equipment provided and/or required.
D.
An interior floor plan, including, but not limited to, the arrangement of seats, kitchen and/or bar size and location, storage areas, and location of machines or other mechanical equipment.
E.
A profile of utilities and demand of services such as fire, police, water, sewer, roads, highway, and associated departments.
F.
A narrative describing how the proposed use will satisfy the special use permit review criteria.
G.
All SEQR documentation as required by NYS Law.
§ 325-64.5 Review criteria.
In rendering a decision, the Planning Board shall consider and make findings that the proposed use:
A.
Will be generally consistent with the goals of the Comprehensive Plan;
B.
Meets any specific criteria set forth in this chapter;
C.
Will be compatible with existing uses adjacent to and near the property;
D.
Will be in harmony with the general purpose of this chapter;
E.
Will not tend to depreciate the value of the property or any adjacent property;
F.
Will not create a hazard to health, safety or the general welfare of the public;
G.
Will not alter the essential character of the district nor be detrimental to the neighborhood residents; and
H.
Will not otherwise be detrimental to the public convenience and welfare.
§ 325-64.6 Conditions on special use permits.
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit and as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted.
§ 325-64.7 Renewal of special use permits with specific time periods.
A.
Review required. Special use permits that have been issued for specific time periods are subject to review for compliance with all of the conditions imposed at the time of approval of the initial permit.
B.
Denial. Following a public hearing on the matter, the Planning Board may deny a renewal of a special use permit when any of the following apply:
1)
The petitioner has failed to comply with one or more of the conditions of the prior approval;
2)
Substantial new issues regarding the permit conditions during the operation of the use have arisen;
3)
The general requirements of this chapter have not been met; or
4)
There are changes in the area or neighborhood that would be incompatible with the special use.
§ 325-64.8 Authorization, amendments, and expiration.
A.
Authorization.
1)
A special use permit shall authorize only one particular special use as defined by the Planning Board upon approval, including any such conditions that may be imposed at the time of approval.
2)
Special use permit approvals granted pursuant to this section shall run with the use and when the title is transferred unless such use is discontinued for a period of one year.
B.
Amendments. Amendments or revisions to an approved special use permit shall require review and approval of a new special use permit in accordance with this article.
C.
Expiration of special use permit. A special use permit shall expire if the special use permit activity is not commenced within one year of the date of approval. Extensions are subject to approval by the Planning Board only.
§ 325-65.1 Applicability.
A.
Authorized review body. The Zoning Board of Appeals (ZBA) shall review and decide upon all variance applications.
B.
Unauthorized variances. The variance procedures may not be used to:
1)
Waive, modify or otherwise vary any of the review and approval procedures of this article; or
2)
Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized board or commission.
§ 325-65.2 Review process.
A.
Application. Applications shall be processed, reviewed, and decided upon in accordance with Article 60 of this chapter.
B.
Public hearings.
1)
A public hearing shall be required for all variance applications.
2)
All public hearings shall be duly noticed in accordance with § 325-60.8, including newspaper, mail, and posted notices. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
C.
County referral. County referral shall be required in accordance with § 325-60.6.
§ 325-65.3 Use variances.
A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter.
A.
Criteria for use variance. No such use variance shall be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per NYS Town Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:
1)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
2)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
3)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
4)
That the alleged hardship has not been self-created.
B.
Minimum relief necessary. The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
§ 325-65.4 Area variances.
An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter.
A.
Criteria for area variance. In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider the following as required by NYS Town Law:
1)
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;
2)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
3)
Whether the requested area variance is substantial;
4)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
5)
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.
B.
Minimum relief necessary. The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
§ 325-65.5 Imposition of conditions.
The ZBA shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Town Code and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 325-65.6 Transferability.
Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
§ 325-65.7 Amendments.
A request for changes in an approved variance must be processed as a new variance application, including the requirements for fees, notices, and hearings.
§ 325-66.1 Right to appeal.
Appeals of administrative decisions may be filed by any person aggrieved by the CEO or other administrative official's decision or action. The ZBA is authorized to make determinations about whether individuals filing appeals are "aggrieved by the decision or action."
§ 325-66.2 Review process.
A.
Application processing. All applications shall be processed, reviewed, and decided upon in accordance with Article 60 of this chapter.
B.
Authorized review body. The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals filed by any person aggrieved, or by an officer, department, board or bureau of the Town.
C.
Public hearings.
1)
A public hearing shall be required for all appeals.
2)
All public hearings shall be duly noticed in accordance with § 325-60.8, including newspaper, mail, and posted notices. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
D.
County referral. County referral shall be required in accordance with § 325-60.6.
E.
Issuance of decision.
1)
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter.
2)
The ZBA shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
§ 325-66.3 Effect of filing.
The filing of an approved appeal stays all proceedings in furtherance of the action appealed, unless the CEO certifies to the ZBA, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property.
§ 325-67.1 Town Board.
A.
Establishment. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the Town Board is hereby empowered under NYS Town Law to regulate and administer the provisions of this chapter.
B.
Powers and duties. The Town Board shall have all the powers and duties prescribed by NYS Town Law and this chapter. The Town Board shall be responsible for final action regarding the following:
1)
Amendments to the Zoning Map (re-zoning);
2)
Amendments to the text of this chapter; and
3)
Planned Development Districts.
§ 325-67.2 Planning Board.
A.
Establishment. The Planning Board is established under the provisions of NYS Town Law, and by this article.
B.
Membership and appropriations.
1)
The Planning Board shall consist of seven members appointed by the Supervisor subject to the approval of the Town Board of Trustees.
2)
The members of the Planning Board as now constituted shall continue in office until the expiration of their present terms. The terms of the appointees shall be seven years.
3)
Removal of members, alternates, and vacancies shall be addressed as provided for in the NYS Town Law.
4)
The Planning Board may employ clerks, experts, and secretaries as necessary, subject to appropriations made by the Town Board.
C.
Board member training. Members of the board shall receive training each year to satisfy the requirements set forth in NYS Town Law.
D.
Meetings.
1)
The Planning Board shall adopt rules for the conduct of its business consistent with statute and this chapter.
2)
The Chair of the Planning Board, or in the Chair's absence the Acting Chair, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by NYS Town Law and the Civil Practice Law and Rules.
3)
The Planning Board may seek recommendations from other boards, commissions, or agencies as it deems appropriate.
4)
Hearings and meetings shall be public, and decisions shall be voted upon at public sessions. The Planning Board may otherwise hold executive sessions in accordance with the NYS Open Meeting Law.
E.
Minutes. The duly designated secretary or clerk shall keep minutes of all proceedings before the Planning Board.
F.
Power and duties. The Planning Board shall have all the powers and duties prescribed by NYS Town Law, and by this article.
1)
Review authority. The Planning Board shall be responsible for reviewing and making recommendations regarding the following:
i.
Amendments to the Zoning Map (re-zoning);
ii.
Amendments to the text of this chapter; and
iii.
Planned Development Districts.
2)
Final authority. The Planning Board shall be responsible for final action regarding applications for the following:
i.
Site plan review;
ii.
Special use permits;
iii.
Subdivisions, pursuant to Chapter 275 of Town Code.
3)
General authority. The Planning Board may exercise additional powers as directed by the Town Board and as may be described elsewhere in this chapter and as permitted by NYS Town Law.
§ 325-67.3 Zoning Board of Appeals.
A.
Establishment. The Zoning Board of Appeals (ZBA) is established under the provisions of NYS Town Law, and by this article.
B.
Membership and appointments.
1)
The ZBA shall consist of five members to be appointed by the Supervisor subject to the approval of the Town Board of Trustees.
2)
The members of the ZBA as now constituted shall continue in office until the expiration of their present terms. Each successor shall be appointed for the term of five years.
3)
Removal of members, alternates, and vacancies shall be addressed as provided for in the NYS Town Law.
4)
Town Board may appoint clerks, secretaries, or other employees serving at its pleasure to assist the ZBA.
C.
Board member training. Members of the board shall receive training each year to satisfy the requirements set forth in NYS Town Law.
D.
Meetings.
1)
The ZBA shall adopt rules for the conduct of its business consistent with statute and this chapter.
2)
The Chair of the ZBA, or in the Chair's absence the Acting Chair, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by NYS Town Law and the Civil Practice Law and Rules.
3)
The ZBA may seek recommendations from the Planning Board and other agencies as it deems appropriate.
4)
Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the NYS Open Meeting Law.
5)
Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
E.
Minutes. The duly designated secretary or clerk shall keep minutes of all proceedings before the ZBA.
F.
Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the CEO or to decide in favor of the appellant on any matter upon which it is required to pass under the terms of this chapter or to affect any variation of this chapter, except in the case of re-hearing as authorized by the NYS Town Law § 16-267-A.
G.
Powers and duties. The ZBA shall have all the powers and duties prescribed by NYS Town Law, and by this article.
1)
Final authority. The ZBA shall be responsible for final action regarding the following:
i.
Variances;
ii.
Administrative appeals; and
iii.
Interpretation of any provision of this chapter.
2)
General authority. The ZBA may exercise additional powers as directed by the Town Board and as may be described elsewhere in this chapter and as permitted by NYS Law.
§ 325-67.4 Code Enforcement Officer (CEO).
A.
Administration. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the CEO, who shall have such powers as are conferred upon him/her by this chapter and as reasonably may be implied therefrom. The CEO shall have such other and further duties as may be assigned by the Town Board pursuant to this chapter or otherwise.
B.
Violations and written orders. Where the CEO, in the course of his/her duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he/she shall order the responsible party in writing to remedy such conditions. Said written order shall comply with the provisions of this chapter.
C.
Revocation of permits. On the serving of notice and failure to comply with the time limits specified in such notice by the CEO to the owner in any violation of any of the provisions of this chapter, any permit(s) previously issued for such buildings or use shall be held null and void. A new permit(s) shall be required for any further use of such building or premises.
D.
Inspection and review. It shall be the duty of the CEO, or his/her duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.
E.
Building permits. The CEO is hereby empowered to issue a building permit for any plans regarding the construction or alteration of any building or structures or part of any building, or the change in the use of any land or building or part thereof, where he/she shall determine that such plans are not in violation of the provisions of this chapter and all other zoning approvals required by the Chapter have been obtained.
F.
Special use permits. Upon written direction of the Planning Board, the CEO is hereby empowered to issue any special use permit provided for by this chapter.
G.
Records. The CEO shall maintain a permanent record of all matters considered and all action taken by him/her. Such records shall form a part of the records of his/her office and shall be compatible with Town Office records and available for the use of the Town Board and other officials of the Town. The records to be maintained shall include an individual permanent file for each application for a permit provided for by this chapter, established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps, and plans; notations regarding pertinent dates and fees, and the like; one copy of the decision of the reviewing board in acting on the application, as applicable; and the date the permit applied for was issued or denied by the Code Enforcement Officer.
H.
Stop work orders.
1)
Whenever the CEO has reasonable grounds to believe that work on any building, structure, or premises, irrespective of the zoning area, is being prosecuted in violation of the provisions of the Town Code, building codes, ordinances, rules or regulations, or not in conformity with the provisions of an application, plans, or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, notification shall be given to the owner of the property or the owner's agent to suspend all work. The CEO, Town Clerk, and Supervisor are authorized to provide such notification.
2)
Any person, corporation, or agency issued a stop work order shall forthwith stop such work and suspend all building activities until the stop order has been rescinded.
3)
The order and notice shall be in writing and shall state the conditions under which the work may be resumed.
4)
The order and notice may be served upon a person or corporation to which it is directed whether by delivering it personally or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail to the permittee or their designee.
I.
Right of entry.
1)
The CEO and all his/her duly authorized assistants shall be entitled to enter any building or premises (which includes the internal premises such as basement, etc.) for the purpose of inspection, observation, measurement, testing and records examination in performing his/her duties set forth in this chapter, and for the further purpose of ascertaining whether the provisions of this chapter are being met and all requirements are being complied with.
2)
Persons or occupants of premises to be entered shall allow the CEO and/or his/her assistants ready access at all reasonable times to all parts of the premises to carry out the actions specified herein.
3)
The CEO or any of his/her duly authorized assistants seeking to enter private property pursuant to the provisions of this chapter may enter such property on the consent of the owner or occupant. In the event such consent is denied or if said CEO or assistant determines that it is preferable to obtain a search warrant without first seeking such consent, said CEO or assistant shall be entitled to obtain a search warrant pursuant to the applicable provisions of law from a court of competent jurisdiction to compel the owner or occupant to permit immediate entry and inspection.
4)
Notwithstanding the provisions contained in the immediately preceding paragraph,[1] in the event an emergency situation exists, said CEO and/or assistants shall be entitled to immediately enter upon any private property for the purposes set forth in this chapter either with or without a search warrant.
[1]
Editor's Note: See § 325-67.4I3).
§ 325-68.1 Purpose.
A.
Purpose. The preservation of the distinctive environmental, and aesthetic character of the Town of Manchester is directly related to its economic vitality, stability of property values, and quality of life for residents. Occasionally on larger projects, conventional use, space, dimensional, and bulk requirements contained in the underlying zoning may not be the best standards to ensure new development achieves the goals states above. It is the purpose of this article to provide flexible performance standards for zoning districts identified as having the potential for redevelopment and new development, and which are identified in this article.
B.
Intent. The application of the planned development district review process in intended to achieve more creative land use and a higher quality of planning and a higher quality of site planning and design than can be accomplished through conventional zoning regulations.
§ 325-68.2 Applicability.
A.
Approval required. Whenever any planned development district is proposed, before any building permits are granted and before any subdivision plat or any part thereof may be filed, the developer or their authorized agent shall apply for and secure approval of such planned development in accordance with this article.
B.
Eligibility. To be eligible for the establishment of a planned development district under this article, applicants must demonstrate the proposed project meets or exceeds two or more of the following criteria:
1)
The area of the proposed planned development district is no less than 60 contiguous acres.
2)
The project proposes an overall density and/or intensity of use which would not be permitted or required by the underlying zoning while also preserving more open land or providing more amenities to the community.
3)
The project proposes a use that is compatible with the surrounding context but is otherwise not permitted by the underlying zoning.
C.
Relief from conventional zoning.
1)
For projects deemed eligible, the reviewing body may waive zoning regulations that would ordinarily apply to a property where the applicant demonstrates relief from said regulations is necessary to meet the purposes described herein.
2)
This article is not intended to arbitrarily dispense with underlying zoning regulations, rather grant the minimum relief necessary to achieve the objectives of this article.
§ 325-68.3 Review procedure.
A.
Application processing. All applications shall be submitted, processed, and reviewed in accordance with Article 60 of this chapter.
B.
Public hearings.
1)
A public hearing shall be required for all planned development applications.
2)
All public hearings shall be duly noticed in accordance with § 325-60.8, including newspaper, mail, and posted notices. Mailed notice shall be made to owners of all property within 500 feet of the property in question.
C.
Coordinated reviews. The following reviews shall be conducted concurrently as provided herein. Where applicable, duplicate application materials may be combined to satisfy submittal requirements.
1)
Subdivision. Subdivision review is required of all planned developments in accordance with Chapter 275 of the Town Code. In the event that the planned development application is denied, the subdivision plat shall be null and void.
2)
Site plan review. Planned development applications shall also include site plan review in accordance with Article 62. In the event that the planned development application is denied, the site plan shall be null and void.
3)
Zoning law amendment. Planned development applications shall also be considered zoning law amendments subject to the requirements of Article 61.
D.
County referral. County referral shall be required in accordance with § 325-60.6.
E.
Planning Board review and recommendation. The Planning Board shall conduct a review of the planned development application and provide a recommendation of decision to the Town Board.
F.
Town Board review and decision.
1)
Upon receipt of a recommendation from the Planning Board, the Town Board shall consider such planned development application as an amendment provided by Article 61 of this chapter.
2)
If the Town Board approves the planned development application, the Zoning Map and text shall so be amended and filed in accordance with Article 61 of this chapter. The approved subdivision and site plan shall also be filed with the Ontario County Clerk.
§ 325-68.4 Application requirements.
A.
Site plan. All planned development applications shall include the required site plan review application materials as noted in Article 62.
B.
Subdivision. All planned development applications shall include the required subdivision application materials as noted in Chapter 275 of the Town Code.
C.
Additional. Planned development applications shall also include:
1)
Documentation that the applicant's particular mix of land uses meets current community demands and the Town's Comprehensive Plan.
2)
Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.
3)
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
4)
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
§ 325-68.5 Review criteria.
A.
Site plan. All site plan elements of a planned development application shall be considered under the review criteria of Article 62.
B.
Subdivision. The associated subdivision plat of a planned development application shall be considered under the criteria of Chapter 275 of the Town Code.
C.
Zoning amendment. All planned development applications shall also be subject to the review criteria of Article 61.
§ 325-68.6 Planned development standards.
A.
The standards for planned development districts are to provide the reviewing body with a means to evaluate applications for these districts consistent with the provisions and general intent of this chapter and the Town of Manchester Comprehensive Plan.
B.
All planned developments shall be in conformance with the Town of Manchester Site Design and Development Criteria.
C.
Where applicable, the practice of clustering is encouraged for planned development districts. Clustered projects shall be in conformance with the provisions of Chapter 275 (Subdivision of Land) of the Town of Manchester Code.
D.
The use, building, and lot requirements of this chapter (Parts 2, 3, and 4) shall apply to planned development districts, unless otherwise recommended by the Planning Board in their advisory review and ultimately approved by the Town Board in their final decision.
E.
The development standards of this chapter (Part 5) shall apply to all planned development districts, unless otherwise recommended by the Planning Board in their advisory review and ultimately approved by the Town Board in their final decision.
§ 325-68.7 Letter of credit.
A.
The applicant and the owner of record of the premises may be required to execute and file with the Town Clerk of the Town of Manchester a letter of credit acceptable to the Town Attorney as to form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this section, the conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances to cover the maintenance of the equipment during its lifetime, and provide for its removal and restoration of the site to its original condition.
B.
The amount required shall be determined by the Town Engineer and shall be not less than 150% of the cost of improvements, and shall be reviewed and adjusted at five-year intervals.
C.
In the event of default upon the performance of any such conditions, the letter of credit or security shall be forfeited to the Town of Manchester, which shall be entitled to maintain an action thereon.
D.
The letter of credit or security shall remain in full force and effect until the completion of all construction, development, and site improvements as approved.
§ 325-68.8 Approval not guaranteed.
The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to indicate the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories or than would result in compatibility with the surrounding development; nor shall such compliance, by itself, be sufficient to require the approval of the site plan or the granting of the zoning amendment to create a planned development district.