N.Y. Comp. Codes R. & Regs. tit. 9 § 576.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 576.5