A.Â
General. The Town Board shall hear and decide appeals of orders,
decisions or determinations made by the Town Highway Superintendent
relative to the application and interpretation of this chapter.
B.Â
Limitations on authority. An application for appeal shall be based
on a claim that the true intent of this chapter and the rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of this chapter do not fully apply or an equally good or better form
of design and/or construction is proposed. The Town Board shall have
no authority to waive requirements of this chapter.
Wherever there are practical difficulties involved in carrying
out the provisions of this chapter, the Town Highway Superintendent
shall have the authority to grant modifications for individual cases,
upon application of the owner or owner's representative, provided
that the Town Highway Superintendent shall first find that special
individual reason makes the strict letter of this chapter impractical
and the modification is in compliance with the intent and purpose
of this chapter and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The
details of action granting modifications shall be recorded and entered
in the files of the Town Highway Superintendent.
A request for a variance from the provisions of the Uniform
Code and an appeal to review determination of or failure to render
a determination by the Town Highway Superintendent based upon the
Uniform Code shall be processed with the appropriate Board of Review
as provided in Part 1205 of Title 19 of the New York Official Compilation
of Codes, Rules and Regulations (NYCRR) or any successor rules, regulations
or statutes. Where proposed construction, alteration, use or other
work related to a fire apparatus access road would be in violation
of any provision of the Uniform Code or any successor rule, regulation
or statute, no permit or certificate shall be issued by the Town except
pursuant to written order of the appropriate Board of Review.
Appeals of a determination, notice and/or order by the Town
Highway Superintendent shall stay the enforcement of the determination,
notice and/or order until the appeal is heard by the authority having
jurisdiction pursuant to this article.
