Permit procedures.
A. Application. Before any site preparation, land development or construction activities that require a permit under § 146-7A of this article are undertaken within the Town of Webster, an application for such permit shall be made by the property owner or his authorized agent and shall be made to the Town Planning Board. The permit application and all application materials shall be filed with the Town Department of Public Works. Copies of the permit application shall be submitted to the Town Engineer, the Town Conservation Board and the Monroe County Soil Conservation District, which shall all submit recommendations on the application to the Town Planning Board within 30 days of the date of filing of such application.B.
Fee. Upon the filing of an application for a permit, the applicant shall pay to the Town a fee as set by the Town Board by resolution. The fee shall be deemed a reasonable sum to cover the costs of the administration of this article and shall in no part be returnable to the applicant.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]C. Permit review.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](1) The Town Planning Board shall have the authority to grant or deny all permits that are accompanied by a site plan application under the requirements of Chapter 350, Zoning.
The Town Planning Board shall also have the authority to grant or deny all permits that are accompanied by a subdivision application requiring approval from the Town Planning Board.[1] The Commissioner of Public Works or his/her division head, agent or designee shall have the authority to grant or deny all other permits, subject to the provisions of this article. All applications shall be referred to the Conservation Board for its review and recommendations. The Town Planning Board shall conduct a public hearing on those permit applications over which it has authority in accordance with the provisions of § 269-8 of the Town of Webster Code.[1]Editor's Note: See Ch.
296, Subdivision of Land.(2) When the application for a permit made under the provisions of this article is accompanied by an application for site plan approval, subdivision approval and/or EPOD development permit approval, there shall be one public hearing with the Town Planning Board to review and act on all such applications. The Town Planning Board or the Commissioner of Public Works or his/her division head, agent or designee shall grant or deny an application for a permit required by this article within 60 days of the date of filing of the application thereof, unless the applicant(s) and the Town Planning Board consent to a time extension.
In those cases where a permit is denied, the applicant shall receive a written statement on the reasons for denial within 10 days of the action.(3) The Town Conservation Board shall have 30 days from the date of its receipt of a completed application in which to review and report its recommendations to the Town Planning Board or the Commissioner of Public Works or his/her division head, agent or designee. Should the Town Conservation Board fail to make its report within 30 days, the Commissioner of Public Works or his/her division head, agent or designee or the Town Planning Board may take action without such report.D.
Permit issuance and compliance.(1) The Town Planning Board shall not approve a permit application unless it has found that the proposed site preparation, land development or construction activities adequately meet the standards and criteria set forth in this article and are in harmony with the purpose of this article.(2) In granting a permit, the Town Planning Board shall fix a reasonable time limit for the termination of the permit and may attach any reasonable conditions to such permit which it deems necessary to assure compliance with the provisions of this article.(3) Major modifications of the terms of the approved permit shall follow the same application, review and approval procedure as those set forth in this section for the original permit.(4) It shall be the responsibility of the authorized official to inspect sites as frequently as necessary to assure compliance with the terms of approved permits and the provisions of this article and to submit written notification of any violations of these terms or provisions to the Chairperson of the Town Planning Board.(5) If, at any time during the effective period of a permit or upon its expiration, the terms of the permit are violated, the Town Planning Board, upon notification of such violation by the authorized official, may revoke the permit, and the Town may draw upon any letter of credit or guaranty of performance provided by the applicant.(6) If the applicant is unable to complete the project or any phase thereof within the specified time period of the permit, he shall, at least 30 days prior to the specified date of completion, present, in writing, to the Town Planning Board a request for an extension of time, setting forth therein the reasons for such request.
The Town Planning Board shall consider such request at the next regularly scheduled Board meeting. If, in the discretion of the Town Planning Board, such an extension is deemed acceptable and warranted, the Board may grant a reasonable extension of time in order for the applicant to complete the work.
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