Looking to cut out a bureaucratic level, streamline the zoning code process and save money, the Genesee County Planning Board has come up with a list of “local only” referral items that would be exempt from its review.
“What we have done is take a look at the smaller projects that would just get our standard approval with no comments from us,” County Planning Director Felipe Oltramari said today. “If you consider our meeting last night, two of the referrals would have been eliminated from the agenda – one that came in from a homeowner for a shed variance and one for a downtown (Batavia) design review.”
The planning department has drafted a template that includes 14 exemptions that would have to be adopted by town or village boards or the Batavia City Council.
Oltramari said the agreement is based on General Municipal Law, Article 12-B, Section 239-m.3. (c) which allows for the planning board to enter into an agreement with a city, town or village planning board, zoning board of appeals or municipal board to eliminate the referral requirement of certain land use actions deemed to be of local, rather than intercommunity or countywide concern.
“A referral for those actions would be optional, but no longer mandatory,” he said, adding that the county attorney has reviewed the proposal, which would be the same for all municipalities. “We have taken care to include all of the routine referrals types that usually do not result in any comments from the county planning board and where approval is almost always a recommendation.”
He said that he has already received a signed agreement from the Town of Pavilion.
Oltramari said code enforcement officers at the municipal level will determine whether an item needs to be referred to the planning board – using the list as their guide.
“This could save a significant amount of time in the process of getting a project through,” he said. “I think it's a benefit to both the communities and their constituents because they may not have to travel to the planning board meeting. It will save time and money.”
He also said all applications to the county planning board become permanent paper records that have to be stored, meaning more time and expense.
The 14 planning and zoning actions that have been determined to be typically of a local rather than intercommunity or countywide concern that are exempt from review by the Genesee County Planning Board are as follows:
- Area variances to rear or side-yard setback requirements for single and two-family residential uses.
- Area variances to yard setback requirements (rear, side or front) for accessory structures, as defined by the municipality, provided the variance does not propose the structure be closer to a State or County highway or municipal boundary than the existing principal structure.
- Area variances for accessory structures, as defined by the municipality, for being in front of the principal building, provided the accessory structure would meet the front-yard setback required of a principal building.
- Area variances and/or permits for freestanding signs or fences except when proposed along a State or County highway.
- Area variances for parking or driveways not accessing a State or County highway.
- Special use permits or site plan reviews for home occupations/businesses not accessing a State or County highway and that meet all applicable local municipal code requirements.
- Special use permits or site plan reviews for the co-location of telecommunications equipment on an existing telecommunications tower/facility.
- Special use permits or site plan reviews for new ponds or pond expansions that meet all applicable local municipal code requirements, provided that the construction will not disturb more than an acre of land and as per the SEQRA review, will not impact archaeological resources, threatened or endangered species, or State or Federal regulated wetlands.
- Site Plan Review or Design Review for the interior or exterior remodeling of a new use allowed in that zoning district including building-mounted signage that meets all applicable local municipal code requirements, and does not cause changes to other aspects of the site.
- Subdivisions or re-subdivisions for minor lot-line adjustments on existing lots where no additional lots are created and there is no change to access points and no new access points are proposed on State or County highways.
- Subdivision of land into two lots that meet all applicable local municipal code requirements provided such subdivision occur within a Genesee County Smart Growth Development Area.
- Land use moratoria not exceeding 12-months, except that a notice shall be sent to the Genesee County Planning Department for informational purposes.
- Administrative and fee amendments to the zoning code (i.e., general provisions, permit procedures, powers and duties of local boards and officers, penalties for offenses, public hearing requirements, organization, and amendment procedures).
- Interpretations of the municipal zoning code.
