§ 42-7. Permit procedure.

Upon receipt of an application prepared in accordance with § 42-6 hereof, the Town Clerk shall determine if said application is complete and, if so, shall process the application according to the following procedures.

A. 

Residential structure permits.

(1) 

For applications for a structure permit for residential use, the Town Clerk shall transfer a copy of all the application materials to the Building Department, which shall examine said application for compliance with this chapter and the laws, ordinances, regulations or specifications governing such structures. The Building Department shall approve the application if the application and the proposed structure comply with all requirements of this chapter. The Building Department's decision shall be transmitted to the Town Clerk, who shall in turn inform the applicant by mail.

(2) 

Upon approval by the Building Department, the Town Clerk shall issue the original or renewal permit, provided that all requirements have been satisfied. The Building Department may impose such conditions upon the issuance of a permit which may be reasonable and necessary to carry out the purposes of this chapter, including the condition that an applicant post a bond adequate to ensure faithful performance of authorized construction. Should the Building Department disapprove the application, the Town Clerk shall not issue a permit, and the applicant may seek a permit from the Town Board pursuant to § 42-11.

B. 

Multifamily residential, marine commercial, nonmarine commercial, yacht club structure permits or perimeter structure reconfiguration permits.

(1) 

For applications for a structure permit for multifamily residential, marine commercial, nonmarine commercial, yacht club use or for a perimeter structure reconfiguration permit, the Town Clerk shall transfer a copy of all application materials to the Commissioner of Buildings, who shall examine the application for compliance with this chapter and the laws, ordinances, regulations or specifications governing such structures. Upon the completion of such review, the Commissioner of Buildings shall transfer the application to the Commissioner of Planning, with a statement as to whether the application complies with the requirements of this chapter. The Commissioner of Planning shall review the application and issue an advisory report to the Town Board.

(2) 

The Town Board shall schedule a public hearing on the application following receipt of the advisory report from the Commissioner of Planning, and the Town Clerk shall publish notice of the hearing in accordance with § 70-240A of the Town Code. After a public hearing is scheduled, the Commissioner of Planning shall forward a copy of the application to the Chair of the Town's Waterfront Advisory Commission.

(3) 

Before the application is heard by the Town Board, the applicant must provide notice of the public hearing to property owners within a radius of 500 feet of the upland property affected by the application, in the manner provided for in § 70-240 of the Town Code, and must file an affidavit as to the mailing of such notices as required by that section.

(4) 

The Town Board shall review the application under the standards set forth in this chapter and shall approve or disapprove the application. The Town Board may consider any recommendation and supporting information submitted by the Town's Waterfront Advisory Commission. The Town Board may impose such conditions, upon the issuance of a permit, which may be reasonable and necessary to carry out the purposes of this chapter, including the condition that an applicant post a bond adequate to ensure faithful performance of authorized construction.

(5) 

Upon approval by the Town Board, the Town Clerk shall issue the appropriate permit.

C. 

No permit shall be issued pursuant to either § 42-7A or 42-7B until the applicant has submitted proof of the issuance of permits by the United States Army Corps of Engineers and the New York State Department of Environmental Conservation, if the same are required, or letters of nonjurisdiction.