ARTICLE 12 - ADMINISTRATIVE PROVISIONS

Section 12.01 Zoning Administrator.

            The Zoning Administrator shall have the power and duty to administer and enforce the provisions of this Local Law. The Zoning Administrator shall be appointed and may be removed at the pleasure of the Town Board. An appeal from an order, requirement, decision, interpretation, or determination by the Zoning Administrator regarding a requirement of the Local Law may be made only to the Zoning Board of Appeals.

Section 12.02 Required Records.

            The original or a certified copy of all decisions, approvals, rulings and findings of any Board under this Local Law shall be promptly furnished by the Zoning Administrator to the Town Clerk and retained as a permanent Town public record.

Section 12.03 Judicial Review of Planning Board or Zoning Board of Appeals.

            An action, omission, decision or ruling of the Planning Board or Zoning Board of Appeals pursuant to this Local Law may be reviewed at the instance of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made no later than thirty (30) days after filing the decision in the Office of the Town Clerk.

Section 12.04 Form of Petitions, Applications and Appeals.

            Unless otherwise stated, all petitions, applications and appeals provided for in this

Local Law shall be made on forms prescribed by the Planning Board or Zoning Board of

Appeals. Completed forms shall be accompanied by whatever further information, plans or

specifications as may be required by such forms, the Zoning Board of Appeals and/or the

Planning Board.

Section 12.05 Application Fees.

                        Fees provided for by this Local Law shall be paid upon the submission of petitions, applications, and appeals, in such amount or amounts as shall be established by the Town Board from time to time.

A.  Fee for Site plan review.

      Applications requiring review according to the provisions of Article 5 of this Local Law shall be accompanied by the appropriate fee according to the schedule determined by the Town Board.

B.   Fee for Variance or Interpretation Appeals.

            The proper fee shall accompany all applications for variances and interpretation appeals andshall be figured according to the schedule determined by the Town Board.

C.      Payment of Fees.

1.      All fees shall be paid at the time of application to the Zoning Administrator.

2.      No fee shall be allowed to be substituted for any other required fee.

D.   In addition to the other fees provided herein, the Zoning Administrator, Planning Board or Zoning Board of Appeals may charge an additional fee to developers or applicants for projects requiring legal and/or technical review. The fee charged to the project developer shall reflect the actual costs of the reasonable and necessary legal and/or technical assistance.  An appropriate escrow deposit may be required to secure payment of these review fees.  Any balance remaining after review fee reimbursement to the Town shall be returned to the applicant.

Section 12.06 Notice of Public Hearing.

                        A.             Each notice of a hearing upon an application for site plan review or for the review of a variance or interpretation application, or upon appeal to the Zoning Board of Appeals from an action of the Zoning Administrator, shall be published once in the official newspaper of the Town at least five (5) days prior to the date of the hearing. In addition, at least fifteen (15) days prior to the date of the hearing, notices shall be mailed to all adjacent owners of the property for which the application is made, as may be determined by the latest assessment records of the Town.

                        "Adjacent Owners" includes those parcels separated by a public highway from the property for which the application is made.

                        B.             Any hearing may be recessed by the Board holding the hearing in order to obtain additional information or to serve further notice upon other property owners, or to persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. No further notice or publication will be necessary.