N.Y. Comp. Codes R. & Regs. Tit. 9 § 576.5 - Procedures for review of variances
(a)
General rule. All variance applications shall be reviewed according to the
procedures set forth in this section.
(b) Application requirements. Applications
for variances may be submitted only by a person having a legal interest in
property and contemplating land use or development or subdivision thereon,
shall contain the signature of the owner of record of the land involved as
co-applicant, and shall be submitted to the agency at its headquarters in Ray
Brook, New York. Applications shall contain a description of the property
involved and the basis of the variance request. The agency may request any
additional information reasonably necessary for its review of the variance
application.
(c) Site inspections.
By submitting an application, an applicant shall be deemed to have consented to
the agency conducting investigations on the site, at reasonable times and with
advance notice where possible, to verify information contained in the
application and to determine compliance with the terms and conditions of any
variance granted.
(d) Notice of
public hearing.
(1) The agency shall, within
15 days of the receipt of a variance application not associated with a project
application and any additional information requested, schedule a public hearing
to commence within 30 days of scheduling. Failure by the agency to comply with
this time period shall not constitute the granting of a variance.
(2) Not less than 10 days notice of the
hearing shall be sent:
(i) by certified mail
to the applicant and the owner of record of the land involved, if other than
the applicant; and
(ii) by mail to
any landowner within 500 feet of any border of the property (to the extent
reasonably discernible from the latest completed tax assessment roll), the
planning board chairman and town supervisor or village mayor and the Adirondack
Park local government review board.
Notice of any public hearing shall also be given at least 10 days in advance by publication in a newspaper having general circulation in the area.
(e) Public hearing on variances.
(1) Any person or public agency entitled to
individual notice pursuant to paragraph (d)(2) of this section, and, at the
discretion of the agency or its hearing officer, any other persons or public
agencies, may participate. Hearings shall be informal and legislative in
nature. Testimony will consist principally of statements and the agency is not
limited to the record of the hearing in its rendering of a decision; provided
that the hearing officer shall have authority to adopt such procedures as he
deems necessary for the orderly conduct of the hearing, including the formal
taking of testimony, cross-examination of witnesses and reasonable limitations
on testimony.
(2) Public hearings
on variances shall be held within the village or town in which the property is
located.
(3) The burden of
demonstrating compliance with the standards set forth in this Part shall rest
with the applicant.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.