(1) The development is subject to administrative review or approval from the Director; or
(2) The development is subject to site plan review and approval pursuant to Part 2, Article XI, of this code; or
(3) The development requires issuance of a special use permit pursuant to Part 2, Article XII, of this code; or
(4) The development is prohibited; or
(5) The development does not meet the dimensional standards of this code; or
(6) Such other determination as may be consistent with this code.

 

[Note: The change of land use or new land use or development may require approvals or permits from other state or federal agencies or departments not under the jurisdiction of this code, including but not limited to the United States Army Corps of Engineers (ACOE), New York State Uniform Fire Prevention and Building Code, the New York State Departments of Environmental Conservation (DEC), Health (DOH), and Transportation (DOT) and the Adirondack Park Agency (APA).]

B. Procedure for determinations:

(1) Any person intending to engage in an activity that may be subject to this code should meet with the Director as early as possible to determine which, if any, permits or approvals may be required and which review procedures, if any, apply;

(2) A person seeking a formal determination from the Director shall file a request with the Village Department of Community Development (the "Department"), together with the appropriate fee. The request for the determination shall be submitted on forms provided for such purpose by the Village, and shall include a plan drawn to scale showing the actual dimensions of the land to be built on or otherwise used, the size and location of all buildings or other structures or other uses to be built or undertaken, and such other information as may be necessary in the evaluation of the request and the administration of this code. Within 10 business days following the receipt of a request for determination, the Director shall notify the applicant of any additional information required for completion of the review. If no such notice is given within the specified time frame, then the request shall be deemed complete as filed. When all additional information is received, the Director shall acknowledge the same in writing;

(3) The Director shall issue a written determination not later than 20 business days after receiving a completed request for determination;

(4) An appeal from a determination made by the Director shall be made to the Development Board pursuant to Part 2, § 106-113, of this code within 60 days of such determination; and

(5) A determination from the Director shall lapse one year following the date it was granted if the project has not been substantially commenced or the use has not been commenced. The Director may renew the determination once for a period of one year from the date it would have originally lapsed, provided that the facts upon which the original determination was granted have not changed.