Text · page 26 of 30
Read the whole document on one page (all 30 pages, each with its own heading)
August 12, 2026 from technical, procedural, application, design, construction, operational, maintenance, or mitigation requirements of this chapter, including but not limited to requirements concerning submission materials, sequencing of submissions, form of reports, design details, equipment layout, undergrounding of lines where impracticable, screening methods, landscaping details, emergency access design, signage location, inspection timing, maintenance procedures, or similar requirements, provided that the Town Board determines that the proposed alternative satisfies the purposes and protective intent of this chapter. E. Application for relief. A request for relief shall be submitted in writing to the Town Clerk and shall be referred to the Code Enforcement Officer, Town Attorney, Town Engineer, Planning Board, and any other consultant, agency, official, or board deemed appropriate by the Town Board. The request shall include, at minimum: (1) Identification of the specific provision or provisions of this chapter from which relief is requested; (2) A detailed explanation of the relief requested; (3) The reason strict compliance is impracticable, unnecessary, duplicative, inconsistent with project -specific conditions, or inconsistent with the purposes of this chapter; (4) A description of the proposed alternative, substitute measure, mitigation, design revision, condition, or method of compliance; (5) A demonstration that the proposed alternative provides protection equal to or greater than strict compliance with the requirement from which relief is requested, or otherwise satisfies the purposes and protective intent of this chapter; (6) Supporting plans, drawings, engineering information, environmental information, agricultural information, emergency response information, cost estimates, or other documentation necessary for the Town Board to evaluate the request; (7) A statement as to whether the requested relief affects any approved plan, pending application, permit condition, decommissioning obligation, security requirement, emergency response measure, agricultural mitigation measure, stormwater measure, screening measure, or other project approval; (8) A statement as to whether the requested relief may affect neighboring properties, nonparticipating residences, public roads, public infrastructure, agricultural lands, emergency access, environmental resources, scenic resources, or public health and safety; and (9) Payment of any application, escrow, consultant, engineering, legal, or review fees required by the Town. F. Review procedure. The Town Board may refer any request for relief to the Planning Board, Code Enforcement Officer, Town Attorney, Town Engineer, fire department, highway department, agricultural consultant, environmental consultant, or any other board, official, agency, or consultant for review and recommendation. The Town Board may require supplemental information from the applicant where necessary to determine whether the requested relief satisfies this section. G. Public hearing. The Town Board may hold a public hearing on any request for relief where it determines that the request may materially affect neighboring properties, public roads, public infrastructure, agricultural resources, environmental resources, scenic resources, emergency access, public health and safety, or any prior condition of approval. A public hearing shall be required where the requested relief relates to a Tier 3 or Tier 4 Solar Energy System that has not yet received a special use permit, unless the request is considered as part of the public hearing on the special use permit. H. Required findings. The Town Board may grant a request for relief only upon making written findings that: (1) The requested relief does not constitute a use variance, area variance, interpretation, or other matter within the jurisdiction of the Zoning Board of Appeals; (2) The requested relief will not authorize a use that is not otherwise permitted under this chapter; (3) The requested relief is limited to a specific requirement or requirements of this chapter and is no broader than necessary; (4) Strict compliance with the requirement is impracticable, unnecessary, duplicative, or not reasonably related to the purposes of this chapter under the specific circumstances presented; (5) The proposed alternative, substitute measure, mitigation, design revision, condition, or method of compliance provides protection equal to or greater than strict compliance, or otherwise satisfies the purposes and protective intent of this chapter; (6) The requested relief will not create a material adverse impact on neighboring properties, nonparticipating residences, public roads, public infrastructure, agricultural lands, emergency access, environmental resources, scenic resources, community character, or public health, safety, and welfare; (7) The requested relief is consistent with the purposes and findings of this chapter; 26