§ 96-18. Tier 2 and Tier 3 docking and mooring site plan review requirements and procedures.

A. 

Authorization. The Planning Board is authorized to review and approve, approve with modifications or disapprove a site plan prepared according to the provisions of this chapter for a uniform docking and mooring permit. In the case of a municipally owned adjoining parcel, the governing body may designate which board will perform site plan review.

B. 

Review considerations. At a minimum, the following shall be considered by the Planning Board during site plan review of a uniform docks and mooring permit application:

(1) 

The construction of such facilities shall be undertaken in such a way as not to:

(a) 

Impair water quality or cause harm to fish, wildlife or botanical resources;

(b) 

Cause problems of erosion or sedimentation;

(c) 

Create hazards for navigation; or

(d) 

Otherwise threaten public health or safety.

(2) 

Such facilities shall be constructed only of materials which are stable and which will have no adverse effects on water quality;

(3) 

The amount of grading, filling, earthmoving and disturbance of land during the construction of such facilities shall be minimized; and

(4) 

Such facilities shall comply with any and all state or federal regulation of pumping facilities for waste disposal or marine fueling facilities when proposed.

C. 

Additional information. The Planning Board may require the applicant to provide additional information that it deems necessary for review of the application.

D. 

Variance. When the enforcement officer has determined that a proposed site plan does not comply with one or more provisions of this chapter, the applicant may apply to the Zoning Board of Appeals for variance(s) pursuant to § 96-22.

E. 

Public hearing. The Planning Board shall conduct a public hearing within 62 days from the date when an application has been determined to be complete for the purpose of commencing the review process by the enforcement officer.

(1) 

The Planning Board shall mail notice of said hearing to the applicant at least 10 business days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five business days prior to the date of the hearing.

F. 

SEQR. The Planning Board shall comply with all provisions of the State Environmental Quality Review Act under Article 8 and its implementing regulations.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

G. 

Conditions. The Planning Board may impose reasonable conditions and restrictions that are directly related to, and incidental to, the proposed site plan and this chapter.

H. 

Term of permit related to an adjoining parcel site plan approval. If the term of a related site plan approval for an adjoining parcel issued pursuant to the zoning code expires, any uniform docking and mooring permit shall also expire.

I. 

Approval.

(1) 

Site plan approval for the uniform docking and mooring permit may be granted only after:

(a) 

Site plan approval for any related development on the adjoining parcel required pursuant to local zoning or subdivision regulation has been obtained; and

(b) 

Any required state or federal permits required for the docking and mooring facilities or associated development on the adjoining parcel has been obtained.

[1] 

If a state or federal department or agency requires issuance of a uniform docking and mooring permit prior to taking action on a required permit, the Planning Board may issue a conditional site plan approval based on receipt of the applicable state or federal permit.

(2) 

The Planning Board chair shall sign the site plan within 30 days of the Planning Board granting said approval or conditional approval.

J. 

Record of decision. The decision of the Planning Board shall be filed with the Town Clerk within five business days after a decision is rendered.

K. 

Issuance of permit. The permit shall be issued within 12 months of the signature of the Planning Board chair but not prior to issuance of any building or related permits required pursuant to site plan approval for a development or action on an adjoining parcel that is associated with the uniform docks and mooring permit.

(1) 

The Planning Board may extend the twelve-month period upon request of the applicant for an additional period not to exceed 12 months.

L. 

Term of construction. Construction must start within six months of issuance of the permit and must be completed within 18 months of said issuance.

M. 

Certificate of compliance. A certificate of compliance shall be issued only after inspection of the docking and mooring facilities by the enforcement officer and prior to use of the facility. Where a permit has been issued that is related to a building permit associated with development on the adjoining parcel, the certificate of compliance may not be issued until any certificates of occupancy have been issued for the development on the adjoining parcel.