The provisions of this article apply to all the procedures in this part (Part
6) unless otherwise expressly stated.
When decisionmaking bodies approve applications with conditions,
the conditions must relate to a situation created or aggravated by
the proposed use or development and must be roughly proportional to
the impacts of the use or development.
In all cases, the burden is on the applicant to show that an
application complies with all applicable review or approval criteria.
Applications must address relevant review and decisionmaking criteria.
[Added 3-17-2017 by L.L.
No. 2-2017]
The commencement or continuation of any activity regulated by
this chapter that is not in compliance with the express provisions
of this chapter, or that is not in compliance with the express provisions
of any approved site plan, special permit or variance including any
approved plans, findings or conditions, shall be a violation of this
chapter and subject to enforcement under the terms of this article
and New York law.
[Added 3-16-2016 by L.L. No. 2-2016; amended 3-17-2017 by L.L. No. 2-2017]
Any violation of the provisions of this chapter shall be subject,
upon conviction, to a penalty or fine up to and not to exceed $250,
or to a term of imprisonment of not more than 15 days, or both. Each
day such violation is committed or permitted to continue shall constitute
a separate violation. In addition, the total cost to the Town of attorneys'
fees, engineering fees, consultant fees and/or court or litigation
costs to investigate and/or inspect the subject property, and to otherwise
enforce the provisions of this chapter shall be an expense and obligation
of the owner of the property, including its individual officers, managers,
partners, members, and shareholders, and alternatively or in conjunction
herewith, shall be assessed and levied upon the real property as a
lien and charge until paid or otherwise satisfied or discharged and
shall be collected as otherwise provided in the Town Law in the same
manner and at the same time as other Town charges.