The title of this code is the "Town of Albion Zoning Ordinance, Orleans County, New York," and shall include this text, the Zoning Schedule, and the Zoning Map. All existing zoning ordinances of the Town of Albion, Orleans County, New York, are hereby repealed upon the effective date of this chapter.
This chapter is adopted pursuant to the Town Law of the State of New York, to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific purposes:
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To protect the open, rural and natural character of the land.
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To preserve the Town's natural resources and habitats.
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To guide and regulate the orderly growth, development and redevelopment of the Town of Albion in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, codes, ordinances or local laws, the most restrictive of such rules, regulations, codes, or ordinances or those imposing the higher standards shall govern.
Should any section of or provision of this chapter be decided by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so decided to be unconstitutional or otherwise invalid.
The provisions and regulations of this chapter and interpretations thereof shall be made in accordance with the objectives of the Town's Comprehensive Plan.
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Procedure. The Town Board may from time to time on its own motion, on petition or on recommendation of the Planning Board and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or district boundaries of this chapter.
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Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established herein shall be filed with the Town Clerk and accompanied by the appropriate fees, as specified in the fee schedule adopted by the Town Board. The Clerk shall transmit the documentation to the Town Board. A petition for a change to the Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change. In addition, every petition for a change to the Official Zoning Map shall contain an environmental assessment form completed and signed by the petitioner, or agent, in accordance with the procedures set forth in State environmental quality review (SEQR) regulations.
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Referral to Planning Board. Each proposed amendment, except those initiated by the Planning Board, shall be referred to the Planning Board for an advisory report. In reporting, the Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment. The Planning Board may condition its approval, as may be appropriate, and shall state whether such amendment is in harmony with the Town's plan for land use. The Planning Board shall state its position relative to proposed zoning amendments in writing within 45 days of the receipt of all pertinent data from the Town Board. Absence of a reply from the Planning Board within the forty-five-day period shall indicate that the Board is in favor of the amendment.
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Public hearing; notice; recording of actions. Unless otherwise provided, the provisions of the Town Law of the State of New York pertaining to public hearings, official notices and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this chapter.
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Disposition final; rehearing on petition. The disposition of a petition for amendment by the Town Board shall be final and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial, unless the Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board. Such rehearing may be granted only upon a favorable vote of a majority of the Town Board plus one.
The text of the Albion Zoning Ordinance and the Zoning Map of the Town of Albion, Orleans County, New York, enacted by the Town Board of the Town of Albion and as the same from time to time have been amended, are hereby repealed and amended in their entirety as set forth below, superseding all previous enactments and amendments, and from their taking effect, all such previous enactments and amendments thereto shall be repealed.
This chapter shall be in effect immediately upon adoption and the posting and filing of notice of adoption as required by state law.
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If the Code Enforcement Officer discovers a project commencing without the required permits, he shall undertake enforcement actions as authorized by this chapter and other provisions of NYS law.
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The Town may maintain an action for a temporary restraining order, temporary injunction, or injunction to restrain, correct, or abate any violation of this chapter or any failure to comply with any of the provisions of this chapter.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any provision of this chapter shall be guilty of an offense, and upon conviction thereof, shall be subject to a fine of not more than $250 or imprisonment for a period not more than six months or both. Each day a violation is continued shall be deemed a separate offense.
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Each application for a permit provided for by this chapter shall be accompanied by a fee, payable in cash or other form of security approved by the Town Attorney, according to the fee structure in effect at the time of application. Fees shall be established by resolution of the Town Board.
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A fee schedule shall be posted at the Town Clerk's office.