Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clifton Park 4-21-1986 by L.L. No. 2-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 73.
Construction and design standards — See Ch. 86.
Fire prevention — See Ch. 114.
Flood damage prevention — See Ch. 119.
Zoning — See Ch. 208.

§ 5-1 Purpose.

It is the purpose of this chapter to establish, pursuant to Article 3-A of the Town Law, a new department entitled "Department of Building and Development" in order to provide effective and efficient administration and enforcement of laws relating to zoning, fire prevention and building construction.

§ 5-2 Establishment.

The Department of Building and Development of the Town of Clifton Park is hereby established.

§ 5-3 Department Director.

[Amended 9-21-1987 by L.L. No. 9-1987; 4-18-1988 by L.L. No. 4-1988; 4-6-1998 by L.L. No. 2-1998]
A. 
Department head. The head of the Department of Building and Development shall be known as the "Director of Building and Zoning."
B. 
(Reserved)
C. 
Appointment and term of office. The Director of Building and Zoning shall be appointed by the Town Board and shall hold office until the first day of January next succeeding the first biannual town election held after his/her appointment, and thereafter, shall hold office for the term of two years and until his/her successor shall have qualified; provided, however, that the appointees to such office shall be removable at the pleasure of the Town Board.
D. 
Salary. The salary of the Director of Building and Zoning shall be determined in the same manner as is provided in the annual budget for the salaries of other town officers.
E. 
Duties and authority.
(1) 
The Director of Building and Zoning shall be the principal executive officer of the Department.
(2) 
The Director shall have the duty to oversee the enforcement, administration of and compliance with the laws relating to zoning, firesafety, fire prevention and building construction, including but not limited to Local Law No. 2-1967, entitled "A Local Law Relating to Zoning for the Town of Clifton Park," as amended or as may be amended;[1] Local Law No. 24-1975, entitled "A Local Law adopting a Fire Prevention Code, prescribing regulations governing conditions hazardous to life and property from fire and explosion and establishing a Bureau of Fire Prevention and providing officers therefor and defining their powers and duties," as amended or as may be amended;[2] and the New York State Uniform Fire Prevention and Building Code Act, as amended or as may be amended.[3]
[1]
Editor's Note: See Ch. 208, Zoning.
[2]
Editor's Note: See Ch. 73, Building Construction and Fire Prevention.
[3]
Editor's Note: See Article 18 of the Executive Law.
(3) 
The Director of Building and Zoning shall be subject to the supervision and direction of the Town Board and the Town Supervisor.

§ 5-4 Bureaus within Department.

[Amended 4-6-1998 by L.L. No. 2-1998]
The Department of Building and Development shall consist of the Bureau of Fire Prevention, the Building Department and the Bureau of Zoning Enforcement.
A. 
Bureau of Fire Prevention. The Bureau of Fire Prevention, heretofore established pursuant to Local Law No. 24-1975, shall continue, except that the Chief of the Bureau of Fire Prevention shall be subject to the supervision and direction of the Director of Building and Zoning and to the Town Supervisor; and to the extent that Section 2(c) of Local Law No. 24-1975 is inconsistent herewith, it is repealed.[1]
[1]
Editor's Note: Local Law No. 24-1975 was repealed 3-6-1989 by L.L. No. 7-1989. For current provisions, see § 5-6 of this chapter and Ch. 73, Building Construction and Fire Prevention.
B. 
Building Department.
(1) 
The Building Department is hereby abolished and shall be reconstituted as part of the Department of Building and Development and shall consist of a Senior Building Inspector and such deputy building inspectors and clerks as the Town Board may appoint.
(2) 
The Senior Building Inspector and deputies and clerks shall be subject to the supervision and direction of the Director of Building and Zoning.
C. 
Bureau of Zoning Enforcement.
(1) 
The Bureau of Zoning Enforcement is hereby created and shall consist of the Zoning Enforcement Officer and such deputy zoning enforcement officers and clerks as the Town Board may appoint.
(2) 
The Zoning Enforcement Officer and deputies and clerks shall be subject to the supervision and direction of the Director of Building and Zoning.

§ 5-5 Appointment and removal of bureau officers.

[Amended 4-18-1988 by L.L. No. 4-1988; 4-6-1998 by L.L. No. 2-1998]
The Director of Building and Zoning, the Chief of the Bureau of Fire Prevention, the Senior Building Inspector, the Zoning Enforcement Officer and deputies thereto and clerks thereto shall he appointed by the Town Board on the basis of a civil service competitive examination and shall not be removed except in accordance with the Civil Service Law of the State of New York.

§ 5-6 Emergency Services Advisory Board.

[Added 3-6-1989 by L.L. No. 7-1989; amended 12-16-1996 by L.L. No. 13-1996; 4-6-1998 by L.L. No. 2-1998]
The Emergency Services Advisory Board (ESAB) of the Town of Clifton Park is hereby established. The Board shall consist of one member from each of the six fire districts and one member from each of the ambulance corps in the Town of Clifton Park and a Chairman appointed at large. The members shall be appointed by the Town Board as follows upon December 31: two members shall be appointed for one year, two members shall be appointed for two years, and two members shall be appointed for three years. All reappointments or subsequent appointments shall be for three-year terms. All members of the Board shall be residents of the Town of Clifton Park. The Town Board shall seek recommendations for appointments to the Emergency Services Advisory Board from the respective fire district officials and ambulance services. The Emergency Services Advisory Board shall consider matters concerning fire prevention and protection on a town-wide basis. It shall make recommendations concerning these matters to the Director of Building and Zoning and the Town Board. The Advisory Board shall meet at least every three months at the direction of the Chairman or more often, at the call of the Chair, if necessary. The Town Board may seek the advice of the Emergency Services Advisory Board when considering candidates for the position of Chief of the Bureau of Fire Prevention.

§ 5-7 Additional rules and regulations.

[Added 3-6-1989 by L.L No. 7-1989]
The Town Board may adopt such further rules and regulations as it deems necessary to carry out the provisions of this chapter. The Town Board shall consider recommendations of the Director of of Building and Zoning regarding such rules and regulations, and the adoption, amendment or repeal thereof, as relate to efficient administration and enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code. Such proposed rules and regulations shall not conflict with the Uniform Code, any local law or any other provision of law.