11.2 Common Procedures

1. Registration

   1. All projects for which an application is required under this Ordinance must be registered with the Department of Permit and Inspection Services. All approvals required under this Ordinance will be identified and all appropriate application forms will be available, upon registration.

2. Filing

   1. All applications must be submitted to the appropriate ordinance administrator on forms provided by the Department of Permit and Inspection Services.
   2. Prior to formal submittal of an application, the applicant may request a pre-application conference with the appropriate ordinance administrator. The purpose of the pre- application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the application. In the case of a major subdivision application, the pre-application conference is mandatory.

3. Fees

   1. Upon formal submittal of an application, any applicable fees must be paid in accordance with Chapter 175 of the City Code. Fees are required for the following applications:
      1. Zoning Map Amendment
      2. Special Use Permit
      3. Adaptive Reuse Permit
      4. Zoning Variance
      5. Minor Site Plan Review
      6. Major Site Plan Review
      7. Planned Unit Development
      8. Temporary Use Permit
      9. Administrative Appeal
      10. Encroachment Permit
      11. Curb Cut Permit
      12. Right-of-Way Work Permit
      13. Exempt Alteration of Lots
      14. Minor Subdivision
      15. Major Subdivision

4. Determination of Completeness

   1. The application will be examined by the appropriate ordinance administrator within 14 days of submittal. If the appropriate ordinance administrator finds that the application does not include all submittal requirements and is incomplete, the application will be rejected, accompanied by a written statement establishing the reasons for the rejection.
   2. An application is not considered complete until all necessary forms, including forms relevant to the SEQRA process, are completed and all fees are paid, including fees for costs incurred by the City for notice.

5. Substantive Changes

   1. After an application is determined to be complete, any substantive change made by the applicant may require re-submittal of the entire application and a determination of completeness. If the appropriate ordinance administrator determines an application re- submittal, in whole or part, is necessary, the payment of additional fees is not required.
   2. Once the application is under consideration by the appropriate review body, additional information or revisions requested during review do not constitute a substantive change to the application.

6. Agency Reports. After an application is determined to be complete, it will be scheduled for consideration by the appropriate review body. The application may be forwarded to the Buffalo Sewer Authority, Buffalo Water Board, and Commissioner of Public Works, Parks, and Streets, if applicable, for a report. Reports from these agencies must be forwarded to the appropriate review body within 14 days of the determination of completeness.

7. Withdrawal. An application may be withdrawn at any time prior to the final decision on the application. The applicant is not eligible for a refund of fees. Requests for withdrawal must be made in writing by the applicant to the appropriate ordinance administrator.

8. Successive Applications

   1. A disapproved application may not be reconsidered for a minimum of one year from the date of denial, unless substantial new evidence is submitted by the applicant, or a significant mistake of law or of fact was made in the prior disapproval, that justifies reconsideration of the application. If the application is resubmitted earlier than one year from the date of disapproval, the subsequent application must include a detailed statement of the grounds justifying its consideration.
   2. If the appropriate ordinance administrator finds that there are no new grounds for consideration of the application, he/she will summarily, and without hearing, deny the request.

Table 11B: Notice summarizes which types of applications require published, mailed, and posted notice. If an application is not listed, this indicates notice is not required for that application.

1. Published Notice
   1. The appropriate ordinance administrator is responsible for published notice.
   2. When published notice is required, it must be published at least ten days prior to the date of the required public hearing or meeting in an official newspaper or a newspaper of general circulation in the City.
   3. The published notice must include:
      1. A description of the application type and brief summary of the approval sought.
      2. The current zone of the subject property, if applicable.
      3. A legal description or street address of the subject property, if applicable.
      4. The time, date, and location of the public hearing or meeting.
      5. A phone number and email address to contact the City for information.
      6. A statement that interested parties may appear at the public hearing or meeting.
      7. If additional information is available online, the appropriate website address.
2. Mailed Notice
   1. The appropriate ordinance administrator is responsible for mailed notice.
   2. When mailed notice is required, it must be mailed at least ten days prior to the public hearing or meeting. Mailed notice must be sent by first class mail to the property owner of the subject property, as well as all property owners within 400 feet of the property line of the subject property. The mailed notice must include:
      1. A description of the application type and brief summary of the approval sought.
      2. The current zone of the subject property.
      3. A legal description or street address of the subject property.
      4. The time, date, and location of the public hearing or meeting.
      5. A phone number and email address to contact the City for information.
      6. A statement that interested parties may appear at the public hearing or meeting.
      7. If additional information is available online, the appropriate website address.
3. Posted Notice
   1. The applicant is responsible for posted notice. Signs for posting must be a minimum of 12 square feet in area and should be clearly visible from and, where possible, within 10 feet of the principal thoroughfare.
   2. When posted notice is required, it must be posted on the property at least ten days prior to the public hearing and removed upon the closing of the public hearing. In the case of a Minor Site Plan Review, notice must be posted on the property at least 10 days prior to the date that the Zoning Administrator makes a decision and removed once a decision has been made. When an application involves multiple properties, signs must be placed in all locations determined by the appropriate ordinance administrator.
   3. The posted notice must include:
      1. A description of the application type and brief summary of the approval sought.
      2. A phone number and email address to contact the City for information.
      3. If additional information is available online, the appropriate website address.
4. Electronic Notice. To the extent practicable, electronic notice by website and/or email will be provided by the appropriate ordinance administrator. Electronic notice is considered a courtesy, and any defect in or failure to provide electronic notice is not a basis for declaring any decision invalid.
5. Additional Notice. Notice given pursuant to this section does not prevent the applicant from giving any additional notice he/she may deem appropriate.
6. Notice Defects. Minor defects in notice do not impair the notice or invalidate proceedings if a bona fide attempt has been made to comply with applicable notice requirements.
7. Post-Notice Examination. After notice is given as required in this section and prior to any decision being made on the application, any person may, upon reasonable request, examine the application and all related documents on file with the appropriate ordinance administrator pertaining to the subject matter of the notice. Any person is entitled to copies of the application and documents upon reasonable request and payment of a fee, as established in the City Code, to cover the cost of such copies.

Table 11C: Public Hearing summarizes which types of applications require a public hearing. If an application is not listed, this indicates that a public hearing is not required for that application.

1. Conduct of the Public Hearing. The public hearing will be conducted in accordance with any andall applicable requirements of the General City Law and the rules and regulations of the body conducting the hearing.
2. Continuances. The body conducting the hearing, upon a majority vote of its members, may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and recorded in the minutes.

Decisions will be filed by the appropriate ordinance administrator, as required by law, with the Office of the City Clerk within five business days after the decision is made, with a copy mailed to the applicant.