HomeMy WebLinkAboutI - 11 Conditional Permit Requirements VerificationCONDITIONAL PERMIT REQUIREMENTS VERIFICATION
BACKGROUND
The Cortlandville Planning Board over the course of a year acts on requests for Conditional Permit approvals. Generally speaking about twenty to thirty approvals are granted per year.
Some of these approvals are simple with few contingencies. For example an application for a used car lot may have in the approval that there shall be no more than X number of cars on
the lot and those cars shall not be parked closer than Y number of feet from the right of way.
Other more complicated approvals may contain contingencies having to do with stormwater management systems; maintenance plans for those systems, traffic flow requirements, lighting,
landscaping, snow storage areas etc. The Cortlandville Planning Board and or the County Planning Department may have generated these contingencies but either way these contingencies
are part of the approval and the responsibility of the applicant to implement them.
OBJECTIVE
There is no formal or informal system in place to verify that the contingencies that were part of the Conditional Permit approval were actually implemented. Not every application that
was granted a Conditional Permit approval rises to the level of having every contingency verified. There must be some degree of practicality and consideration of resources to address
the more complicated approvals.
Bottom line is to establish a formal system with specific personnel assigned to the task of verifying that the contingencies that were part f the approval were actually implemented.
PROPOSED PROCEDURE
When the Cortlandville Planning Board gives its final Conditional Permit approval with all of the contingencies listed, the final approval motion shall state whether or not verifications
is required. The actual verification shall take place at the completion of the project when a Certificate of Occupancy or other formal approval action is documented.
The Planning Officer shall generate a verification document listing as one-liners all of the contingencies that were part of the approval. These contingencies shall include those generated
by the Cortlandville Planning Board and the County Planning Department. The Planning Board minutes and the County Planning Department report are the official sources for this information.
Verification of all contingencies being implemented shall be completed within sixty days of the project’s completion. A formal but simple memo to the Cortlandville Planning Board Chairperson
shall be issued by the Planning Officer and filed.
If in the opinion of the Planning Officer the contingencies have not been properly addressed those in question shall be brought to the attention of the Planning Board for discussion
with or without the applicant to determine what action if any must be taken to maintain the integrity of the original approval.
CONCLUSION
Having a verification system will guarantee that what was approved has been properly attended to and may have some positive legal aspects to it that would avoid problems for the Town.
What about future assessments as to the assurance that features that were deemed approved at the original time of approval have not degraded is worthy of consideration. There are in
place procedures by Soil and Water relative to inspections of Stormwater systems to ensure that they are being properly maintained and fire inspections that address some of the important
issues.
This matter has been in discussion for many years but never really brought to a final conclusion as to what when and who and it is important that we take a stand for or against with
good reasons for either decision.
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