[HISTORY: Adopted by the Town Board of the
Town of Maine 6-12-1990 by L.L. No. 1-1990. Amendments noted where
applicable.]
This chapter is enacted pursuant to the authority
of Chapter 365 of the Laws of 1976 which added a new Subparagraph
(3) to Paragraph d of Subdivision 1 of § 10 of the Municipal
Home Rule Law authorizing towns to adopt a local law which may amend
or supersede any provision of the Town Law in relation to the property,
affairs or government of the Town or in relation to any of the other
enumerated subject matters in such § 10, unless there is
a state legislative restriction on such amendment or supersession.
Subdivision 3 of Section 280-a of the Town Law
is hereby amended and superseded in its application to the Town of
Maine, to read and provide as follows:
A.
Where the enforcement of the provisions of this section
would entail practical difficulty or unnecessary hardship, or where
the circumstances of the case do not require the structure to be related
to existing or proposed streets or highways, the applicant for such
a permit may appeal from the decision of the Building and Code Inspector
of the Town of Maine having charge of the issue of permits to the
Zoning Board of Appeals of the Town of Maine, and the same provisions
are hereby applied to such appeals and to such Zoning Board of Appeals
as are provided in cases of appeals on zoning regulations. No such
permit shall be issued by the Zoning Board of Appeals unless all of
the following conditions have been met by the applicant; provided,
however, that the Zoning Board of Appeals way in passing on such appeal
make any reasonable exceptions thereto and may issue the permit subject
to any other conditions that will protect the public health, safety
and welfare:
(1)
The use proposed for said parcel is a listed permitted use for the zoning district in which the parcel lies or the applicant has been granted a use variance, in accordance with Chapter 450, Zoning, of the Code of the Town of Maine.
(2)
The applicant must either submit with his application,
or state in his application that he will submit with his building
permit application, a duly executed permanent right-of-way or perpetual
easement (duly acknowledged and suitable for recording) across intervening
lands providing direct access from the subject parcel to a street
or highway which has been duly placed on the official map or plan
or a street or highway which is an existing state, county or Town
highway. Said permanent right-of-way or perpetual easement shall contain
a general release and indemnity agreement in substantially the following
form, and shall be subject to approval by the Town Attorney of the
Town of Maine:
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GENERAL RELEASE AND INDEMNITY AGREEMENT
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To all to whom these Presents shall come or
may Concern, Know That , as RELEASOR, in consideration
of the issuance by the Zoning Board of Appeals of the Town of Maine
(hereinafter referred to as the RELEASEE) on of an exception
and permit, pursuant to § 280-a(3) of the Town Law, receipt
whereof is hereby acknowledged, releases and discharges RELEASEE,
The Town of Maine, and all Town officers, Town employees, Town agents,
Boards of the Town and Board members of any Boards of the Town of
Maine, all fire districts, all fire corporations, all fire companies,
all ambulance companies and their respective heirs, executors, administrators,
successors and assigns (hereinafter collectively referred to as RELEASEE)
from all actions, causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages,
judgments, extents, executions, claims, and demands whatsoever, in
law, admiralty or equity, which against the RELEASEE, the RELEASOR,
RELEASOR'S heirs, executors, administrators, successors and assigns
ever had, now have or hereafter can, shall or may, have for, upon,
or by reason of any matter, cause or thing whatsoever from the beginning
of the world to the day of the date of this Release. More particularly,
but without in any way limiting the foregoing, RELEASOR hereby releases
RELEASEE, the Town of Maine, and all Town officers, Town employees,
Town agents, Boards of the Town and all Board members of any Board
of the Town, fire districts, fire corporations, fire companies and
ambulance companies of and from any liability, actions, causes of
action, damages, suits, claims or demands arising directly or indirectly:
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(a) From the issuance of the above-described
exception and permit,
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(b) From the use of said exception and permit,
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(c) From the use of said perpetual right-of-way
or permanent easement,
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(d) From any inability of emergency vehicles
to render aid or to use or reach the subject permanent right-of-way
or perpetual easement, or
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(e) From any other situation which involves
or results in personal injuries, death or property damage.
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RELEASOR further hereby agrees to defend, indemnify
and save harmless RELEASEE, The Town of Maine, and all Town officers,
Town employees, Town agents, Boards of the Town and Board members
of any Boards of the Town, all fire districts, all fire corporations,
all fire companies and all ambulance companies of and from any and
all liability, actions, causes of action, damages, suits, claims,
or demands arising directly or indirectly:
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(a) From the issuance of the above-described
exception and permit,
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(b) From the use of said exception and permit
by RELEASOR,
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(c) From the use of said permanent right-of-way
or perpetual easement by the RELEASOR,
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(d) From any inability of emergency vehicles
to render aid or to use or reach the subject permanent right-of-way
or perpetual easement, or
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(e) From any other situation which involves
or results in personal injury, death or property damage.
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Whenever the text hereof requires, the use of
singular number shall include the appropriate plural number as the
text of the within instrument may require.
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This Release may not be changed orally.
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IN WITNESS WHEREOF, the RELEASOR has hereunto
set RELEASOR'S hand and seal on the day of , .
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In presence of
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L.S.
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L.S.
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(3)
The minimum width of any such permanent right-of-way or perpetual easement shall be 50 feet, upon which a usable, all-weather access road with a minimum width of 20 feet shall be constructed. Any such access road shall not exceed 1,500 feet in length as measured from the principal structure on the subject parcel to the terminus of the access road at the street or highway duly placed on the Official Map or the street or highway which is an existing state, county or Town highway. The plans and specifications for said access road shall be subject to approval and inspection thereof by the Highway Superintendent of the Town, and the access road shall be constructed and maintained in accordance with applicable provisions of Article II, Street Improvement Specifications, and Article VIII, Location and Construction of Driveway Entrances and Exits on Town Highways, of Chapter 366, Road Construction Standards, of the Code of the Town of Maine, which were established by the resolution entitled "Resolution Establishing Standards and Requirements for Subdivision and Certain Road Construction Within the Town" (adopted by the Town Board of the Town of Maine on December 27, 2000); however, only a four-inch gravel subbase must be installed.[1]
(4)
The applicant must show that he is, and will be, in
compliance with all applicable statutes, local laws, ordinances, codes,
rules and regulations relating to the subject parcel, any structures
to be erected thereon and any uses to be carried on thereon.
(5)
The applicant shall state in his application that
he agrees that no building permit shall be issued for any structure
on the subject parcel unless the person applying for the building
permit demonstrates to the Ordinance Enforcement Officer of the Town
of Maine that he is in full compliance with the requirements of this
Local Law and any other conditions imposed by the Town of Maine Zoning
Board of Appeals.
B.
Any such decision of the Zoning Board of Appeals shall
be subject to review by certiorari order issued out of a special term
of the supreme court in the same manner and pursuant to the same provisions
as in appeals from the decisions of such board upon zoning regulations.
