New Hartford Town City Zoning Code
ARTICLE II
Permits and Approval Process
§ 118-6 Activities and permitting.
No development may be commenced within the Town of New Hartford prior to the issuance of all relevant permits or approvals. The types of permits and approvals include the following:
Building permits and certificates of occupancy. The issuing, posting and expiration of building permits and the issuance of certificates of occupancy will be done according to Chapter 65 of the Code of the Town of New Hartford.
Planned development districts. All planned development district applications shall be subject to the provisions of Article VII.
Site plan approvals. Site plan review and approval shall be required for all proposed uses as listed in Schedule A of this chapter.[1] The site plan review and approval process is provided in Article X.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed in Schedule A of this chapter, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use, unless the change would result in the enlargement of a structure; a change in vehicular circulation on the lot changing ingress or egress from the lot; the addition of 10 or more surface parking spaces; or the addition of four or more parking spaces or a twenty-five-percent increase in parking spaces, whichever is greater.
Uses by right. Any change of use of land or existing structures to a use permitted by right without site plan review shall not require approval from the Planning Board unless such use is to be located in a structure on a lot that does not meet the minimum lot size and setback requirements of this chapter. (See §§ 118-113, Nonconforming lots, and 118-114, Creation of substandard lots prohibited.) This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Code Enforcement Officer under Chapter 65 of this Code.
Uses by right subject to site plan review. Any change of the use of an existing structure to a use permitted by right subject to site plan review (See § 118-90.) shall require site plan review only if it involves the construction or enlargement of a structure; a change in vehicular circulation on the lot changing ingress or egress from the lot; the addition of 10 or more surface parking spaces; or the addition of four or more parking spaces or a twenty-five-percent increase in parking spaces, whichever is greater; or the enlargement or addition of signs.
Uses by special use permit.
A special use permit shall be required for any change of use from a use that does not require a special use permit to a use that does require a special use permit.
Once a special use permit has been granted, it shall run with the land and apply to the approved use and to all subsequent owners, tenants, and occupants engaged in the same use. The special use permit shall also apply to any subsequent use of the property in the same use category, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special use permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas. Any change to another use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.
Rebuilding, replacement and expansion of structures. The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review and/or a special use permit shall require site plan review, even if it is a continuation of the same use.
§ 118-7 Fees and expenses.
Fees required by this chapter shall be paid upon the submission of applications and appeals. No application shall be considered complete until such fee is paid.
No required fee shall be substituted for any other fee.
The following actions may require fees or reimbursement of expenses:
§ 118-8 Professional assistance.
The Town Board, Planning Board or Zoning Board of Appeals may, at its discretion, engage the services of planning, engineering, legal, environmental or other professional consultants, at the expense of the applicant, for the review of applications involving significant issues beyond the scope or complexity of normal review. The Planning Board and Zoning Board of Appeals may require costs to be paid in advance into an escrow account to be held and managed by the Town and may deny an application upon failure of the applicant to make such payment in a timely manner. The Town Attorney shall establish the terms of the account in consultation with the Planning Board and/or the Zoning Board of Appeals and shall provide a monthly accounting of the escrow account to the applicant and provisions for further funding of the escrow account when the balance is drawn down to a specified amount.
§ 118-9 Performance bond; letter of credit; escrow account.
Performance bond. Such bond shall be in an amount not to exceed 120% of the cost of installation of improvements. Such bond shall be issued by a financial institution in New York State and shall be satisfactory to the Town Attorney as to form, sufficiency and manner of execution and satisfactory to the Town Board as to surety. The bond shall be released only by resolution of the Town Board when all requirements and completion of improvements have been satisfactorily met by the applicant. The responsibility for determining that improvements have been satisfactorily met shall rest with the Town Engineer, who shall report to the Town Board.
Letter of credit. An irrevocable letter of credit from a bank or other reputable financial institution in New York State may be accepted by the Planning Board in lieu of a performance bond. Such letter of credit shall be satisfactory to the Town Attorney as to form, sufficiency, manner of execution and institution.
Escrow account. The deposit of cash, by the applicant, with the Town or its designated bank is to be held in escrow pursuant to an escrow agreement. The escrow agreement shall be satisfactory to the Town Attorney as to form, sufficiency and manner of execution and financial institution.
§ 118-10 SEQRA.
The Town shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations. Upon receipt of any complete application, the Town or any officer, department or board of the Town shall initiate the New York State environmental quality review process by issuing a determination of significance.