| Items In This Section: |
| Referral Exceptions |
| Table 3: Referral Submittal Referrence Matrix |
| Explanation of Table 3 |
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Referral Exceptions for Land Use Actions Deemed Not to Have a County-Wide Impact by the UCPB
General Municipal Law allows the UCPB to enter into agreements with municipalities to exempt certain actions from the Referral process. Currently, the UCPB has existing agreements that exempt residential side-yard and rear-year set back area variances as well as front-yard residential fence height area variances from being referred.
After review of its Referral recommendations over the last 5 years the UCPB has concluded that additional local zoning actions are not likely to have a county-wide impact and should also be exempt from review. Table 3 is a Referral Submittal Reference Matrix of actions that the UCPB has deemed not required to be referred.
To utilize Table 3 a community must enter into an agreement with the UCPB to do so. A sample resolution and agreement can be found in the appendices of this guide.
Table 3: Referral Submittal Matrix - See PDF.
The following are further explanations of the Referral matrix in Table 3:
Site Plans and Special Permits Within 500
Internal Modifications: Site plans and special permits for applications for re-occupancies or reuses of existing structures are in many instances “internal modifications” to the structure with little to no external changes. These actions do not rise to the level of “county-wide impact.” Referral is required in instances where the above meets any of the following conditions:
- Increase in parking spaces is required by local statute
- Un-channelized access to the existing structure is to remain
- New lighting is proposed that is not glare shielded and has not been developed in accordance with Illuminating Engineering Society of North America’s lighting standards.
Signage: The UPCB reviews site plans and special permits for signage. As long as a proposed sign meets the standards of the local statute, then it does not rise to the level of “county-wide impact”.
Site Plans and Special Permits Outside 500’
Only Projects having the following characteristics are required to be referred:
- Buildings with a gross floor area greater than or equal to 4,000 square feet. In other words, those that exceed a Type II action under SEQRA in terms of gross square footage.
- Land disturbance greater than or equal to one acre
- Adult Uses
- Mining Operations
- Structures greater than or equal to 100 feet in height
- SEQRA Type I Actions
- Structures located within the 100-year floodplain
Area Variances Within 500'
Residential Rear Yard and Side Yard: Do not rise to the level of county-wide impact and are not required to be referred
Residential Fence Height: Fences in front yards are required to be reviewed. However, variances in the side and/or rear of residential lots do not rise to the level of county-wide impact and do not require Referral.
Residential Minimum Lot Size :In cases where residential lots have either central water or central sewer available to them, this type of variance does not rise to the level of County-wide impact and is excepted from the Referral process.
Use Variances Within 500’
As long as a use variance does not involve the physical expansion of an existing structure and/or its associated facilities and utilities, it does not to rise to the level of county-wide impact and is therefore excepted from the Referral process.
Subdivisions Within 500’
Subdivision activities involving fewer than five lots located in the 100-year floodplain do not constitute a county-wide impact and are excepted from the Referral process.
Subdivisions Outside 500’
Only subdivision activities that are Type 1 actions under SEQRA or where land disturbance is greater than five acres, or where the subdivision activity contains located within the 100-year floodplain are required to be referred.
