The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer (CEO), who shall be appointed by the Town Board and shall
carry out any directives from the Board relative to the duties of
the position set forth below. The CEO shall receive such compensation
as the Town Board shall determine.
A.
It shall be the duty of the Code Enforcement Officer
or his duly authorized assistants to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter. In the fulfillment
of their duties, the Code Enforcement Officer or his authorized assistants
may enter any premises or building during reasonable hours in the
course of his duties in accordance with state law after due written
notice has been given.
B.
If the Code Enforcement Officer shall find that any
of the provisions of this chapter are being violated, he shall notify,
in writing, the person responsible for such violations, indicating
the nature of the violation and order the action to correct it. In
his efforts to attain compliance the Code Enforcement Officer shall
have the authority to order discontinuance of illegal uses of land,
buildings or structures; removal of illegal buildings or structures,
or of illegal additions, alterations or structural changes; stop work;
or, discontinuance of any illegal work being done. On the serving
of notice by the Code Enforcement Officer to the owner of any property
violating any of the provisions of this chapter, the certificate of
compliance for such building or use shall be held null and void. A
new certificate of compliance shall be required for any further use
of such building or premises.
C.
It shall be the duty of the Code Enforcement Officer
to issue permits and certificates to applicants who fully comply with
the provisions of this chapter.
D.
The Code Enforcement Officer shall maintain a permanent
and current record of all applications for permits and certificates,
his action upon same, any conditions relating thereto, and any other
matters considered and action taken by him. Such records shall form
a part of the records of his office and shall be available for use
by Town officials and for inspection by the public. The records to
be maintained shall include the following:
(1)
Application file. An individual permanent file for
each application for a permit or certificate provided for by this
chapter shall be established at the time the application is made.
Said file shall contain one copy of the application and all supporting
documents and plans; notations regarding pertinent dates and fees
and the like; as appropriate, one copy of any resolutions or actions
of the Town Board, Planning Board or Zoning Board of Appeals in acting
on the application; and the date the permit or certificate applied
for was issued or denied.
(2)
Quarterly report. The Code Enforcement Officer shall
prepare a quarterly report for the Town Board. Said report shall cite
all actions taken by the Code Enforcement Officer, including all referrals
made by him; all permits and certificates issued and denied; all complaints
of violation received and all violations found by him, and the action
taken by him consequent thereon; and the time spent and mileage used.
E.
Whenever the Code Enforcement Officer denies a permit
or certificate he shall, in writing, inform the applicant of the specific
reasons for denial and instruct the applicant on the proper methods
to apply for relief.
F.
The Code Enforcement Officer shall maintain a current
list and a map of nonconforming uses to determine if discontinuance
or destruction, or change in use or vacancy has taken place.
G.
The Code Enforcement Officer shall maintain a current
list and a map showing the variances and special use permits to determine
if the conditions and safeguards placed on variances and special use
permits are being complied with.
H.
Upon written direction from the Town Planning Board,
the Code Enforcement Officer shall issue special use permits. Upon
approval of a variance by the Zoning Board of Appeals, the Code Enforcement
Officer shall be empowered to issue the necessary permits with the
specific conditions to be imposed.
I.
The Code Enforcement Officer shall be authorized and
empowered to issue appearance tickets pursuant to the New York State
Criminal Procedure Law.
[Amended 3-8-2021 by L.L. No. 2-2021]
A.
Pursuant to Town Law § 271, the Town Board hereby creates
a Planning Board consisting of five members.
B.
The Town Board may designate a Planning Board Chairperson. In the
absence of such a designation by the Town Board, the Planning Board
may designate a Chairperson from its own members.
C.
The Town Board does hereby establish two alternate Planning Board
member positions for purposes of substituting for a Planning Board
member in the event such member is unable to participate due to a
conflict of interest. Such alternate members of the Planning Board
shall be appointed on an as-needed basis by resolution of the Town
Board for a term established by the Town Board. The Planning Board
Chairperson shall designate an alternate member appointed by the Town
Board to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board.
D.
The Planning Board is empowered and authorized to establish rules
and regulations deemed necessary for its function and transaction
of business as allowed and required by law, including Town Law § 271.
The Planning Board shall have the following
powers and duties:
A.
To review and recommend revisions to the Comprehensive
Plan for the development of the Town as provided under § 272-a
of Town Law and/or Town Board resolution.
B.
To review and comment on all proposed zoning amendments
and to make investigations, maps, reports and recommendations relating
to the planning and development of the Town as it deems desirable.
This shall include but not be limited to changes in boundaries of
districts, recommended changes in the provisions of this chapter,
other land use and development matters of importance to the Planning
Board, and to act on any matter lawfully referred to it by the Town
Board.
C.
To review site plans as authorized by New York State Town Law and prescribed in Article X of this chapter.
E.
To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas and to make recommendations to the Town Board.
F.
To review, act on or provide advisory reports as specified
by this chapter.
G.
To make referrals to other Town Departments, Boards
and/or officials to request advisory opinions to assist the Planning
Board in making decisions which affect the development of the Town.
H.
All such powers and duties as are conferred upon Town
Planning Boards and subject to the limitations set forth in §§ 272,
272-a, 274, 274-a, 275, 276, 277, 278, and 281 of the New York State
Town Law, as the same may be amended, modified, or changed from time
to time,[1] or any sections subsequently adopted pertaining to Planning
Boards.
[1]
Editor's Note: Several of these sections of
the Town Law were repealed, renumbered and/or amended by L.1992, c.
727.
The office of the Town Clerk shall be the office
of the Planning Board. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
the Town Law of the State of New York. The Planning Board shall keep
minutes of its proceedings, showing the vote, indicating such fact,
and shall keep records of its environmental reviews and determination,
its examinations and other official actions.
[Amended 3-8-2021 by L.L. No. 3-2021]
A.
Pursuant to Town Law § 271, the Town Board hereby creates
the Zoning Board of Appeals, ZBA, consisting of five members.
B.
The Town Board may designate a ZBA Chairperson. In the absence of
such a designation by the Town Board, the ZBA may designate a Chairperson
from its own members.
C.
The Town Board does hereby establish two alternate ZBA member positions
for purposes of substituting for a ZBA member in the event such member
is unable to participate due to a conflict of interest. Such alternate
members of the ZBA shall be appointed on an as-needed basis by resolution
of the Town Board for a term established by the Town Board. The ZBA
Chairperson shall designate an alternate member appointed by the Town
Board to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board.
D.
The ZBA is empowered and authorized to establish rules and regulations
deemed necessary for its function and transaction of business as allowed
and required by law, including Town Law § 271.
The Board of Appeals shall have all the powers and duties prescribed by Chapter 62, § 267 et seq., of the Town Law of the State of New York and by this chapter which are more particularly specified as follows:
A.
Appeals for administrative review, interpretations
and determinations.
(1)
The Zoning Board of Appeals shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative officer or body
in the enforcement of this chapter.
(2)
The Zoning Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken.
(3)
The Zoning Board of Appeals shall hear and decide
on interpretive matters where the provisions of this chapter, including
the determination of exact district boundaries, are not clear.
B.
Variances.
(1)
The Board of Appeals is empowered to authorize, upon
appeal in specific cases, such variance from the terms of this chapter
as will not be contrary to the public interest where, owing to conditions
peculiar to the property, and not the result of the action of the
applicant, a literal enforcement of the provisions herein would result
in unnecessary hardship or practical difficulties.
(2)
As used herein, a variance may be authorized for height,
area, size of structure, size of yards and open spaces or establishment
or expansion of a use otherwise prohibited.
(3)
A variance shall not be granted solely because of
the presence of nonconformities in the zoning district or uses in
other zoning districts.
(4)
In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
(5)
Variances granted shall be the minimum which would
accomplish the purpose of providing for reasonable use of land or
buildings.
(6)
Variances granted shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
A.
Area variances.
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of such ordinance or local law,
or in conjunction with an application for site plan review or subdivision
approval, to grant area variances as defined herein.
(2)
In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(b)
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(3)
The Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
B.
Use variances.
(1)
The Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of this chapter, shall have the power to grant use variances, as defined
herein.
(2)
No such use variance shall be granted by a Board of
Appeals without showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship the applicant shall demonstrate to the Board
of Appeals that, for each and every permitted use under the zoning
regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(b)
The alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
C.
Imposition of conditions. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter, and shall be imposed for the purpose of minimizing
any adverse impact that such variance may have on the neighborhood
or community.
A.
Variance procedures.
(1)
The applicant may arrange an informal discussion with
the Board of Appeals to determine any and all of the data to be included
in the application.
(2)
All applications for variances shall be made in quadruplicate
to the Code Enforcement Officer (CEO) on forms provided by the CEO
and shall be accompanied by plans and supporting documents to sufficiently
describe the proposal. All applications shall refer to the specific
provision of the law involved and establish the details of why the
variance should be granted. The Board of Appeals may request additional
information it deems necessary in order to act on the application.
(3)
The CEO, after determining that an application is
in proper form, shall transmit copies of the application and all supporting
documents to the Board of Appeals for action thereon.
(4)
Use variance within Agricultural District. Where an
application for a use variance involves land lying within certain
distances prescribed in § 283-a of Town Law, an agricultural
data statement shall be prepared and proper notice thereof given to
all affected property owners.
(5)
Public hearing on appeal. The Board of Appeals shall
fix a reasonable time for the public hearing of the appeal, variance,
or other matter referred to it and give public notice of such hearing
by publication in a paper of general circulation in the Town at least
five days prior to the date thereof. The cost of sending or publishing
any notices relating to such appeal, or a reasonable fee relating
thereto, shall be borne by the appealing party and shall be paid to
the Board of Appeals prior to the hearing of such appeal. Upon the
hearing, any party may appear in person, or by agent or attorney.
(6)
Additional public notice. The applicant shall place
one sign on the property for which an appeal or variance is requested.
Said sign shall be provided by the Code Enforcement Officer at the
time the appeal or application for variance is filed. The sign shall
be placed in a location which is easily read from a public street.
The sign shall specify the date, time and place of the public hearing
and a telephone number to call for more specific information. Such
sign shall be placed on the site not less than five days prior to
the public hearing and shall be brought to the hearing by the applicant
or his designated representative.
(7)
Referral to County Planning Board. A copy of the complete
variance application and supporting documents shall also be transmitted
to the County Planning Board for review when required either under
Article 12-B, §§ 239-l and 239-m of the General Municipal
Law, or § 283-a of the New York State Town Law.
(8)
Time of decision. The Board of Appeals, providing
SEQR has been complied with, shall decide upon the appeal or variance
within 62 days after the conduct of said hearing. The time within
which the Board of Appeals must render its decision may be extended
by mutual consent of the applicant and the Board.
(9)
Filing of decision and notice. The decision of the
Board of Appeals on the appeal or variance shall be filed in the office
of the Town Clerk within five business days after the day such decision
is rendered, and a copy thereof mailed to the applicant.
(10)
The CEO shall, upon receipt of the notice of
approval and upon application by the applicant, issue the appropriate
zoning permit or such other approval permitted by the variance, subject
to all conditions imposed by the Zoning Board of Appeals.
B.
Appeals procedures.
(1)
An appeal, including any request for an interpretation
or determination, and specifying the grounds for the appeal, shall
be filed with the officer, or body, from whom the appeal is taken
and with the Board of Appeals. All appeals and applications shall
be made to the Board of Appeals within 60 days of the date on which
the order, requirement, decision or determination appealed from was
rendered and shall be on forms prescribed by the Board.
(2)
Such appeal may be taken by any person aggrieved or
by an officer, department, board or bureau of the Town.
(3)
The concurring vote of a majority of the members of
the Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official.
(4)
The officer from whom the appeal is taken shall, within
30 days of the filing of the appeal, transmit all papers constituting
the record upon which the appeal is taken to the Board of Appeals.
(5)
An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him, that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Appeals or by a court of record, on application, on notice
to the officer from whom the appeal is taken and on due cause shown.
(6)
If the Board of Appeals determines that a public hearing
is necessary, the Board of Appeals shall fix a time for the hearing
of the appeal and give due notice thereof to the parties, and decide
the same within a reasonable length of time thereafter. At the time
of the hearing, any party may appear in person, by agent or by attorney.
(7)
The Board of Appeals, providing SEQR has been complied
with, shall render a decision on each appeal within 62 days of the
close of the public hearing on said matter. The time within which
the Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board.
(8)
Any action by the Board of Appeals shall be stated
in writing and communicated to the person bringing the appeal within
five business days after the decision has been made.
A.
All meetings of the Board of Appeals shall be held
at the call of the Chairperson and at such other times as such Board
may determine.
B.
Meetings of such Board of Appeals shall be open to
the public to the extent provided in Article 7 of the Public Officers
Law.
C.
All votes of the Zoning Board of Appeals shall be
taken by roll call. Such Board of Appeals shall keep minutes of its
proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions.
D.
In accordance with General Municipal Law § 809,
a member of the Zoning Board of Appeals having a conflict of interest
shall abstain from any discussion or voting on that matter.
E.
The Zoning Board of Appeals may request and obtain
any advice or opinions on the law relating to any matter before the
Board from the Town Attorney, and require the Town Attorney to attend
its meetings, provided that funds for such services are made available
by the Town Board.
F.
The Zoning Board of Appeals shall have the authority
to call upon any department, agency or employee of the Town for such
assistance as shall be deemed necessary and as shall be authorized
by the Town Board. Such department, agency or employee shall be reimbursed
for any expenses incurred as a result of such assistance.
G.
The Town Board may provide for compensation to be
paid to experts, clerks and a secretary and provide for such other
expenses as may be necessary and proper, not exceeding the appropriation
made by the Town Board for such purpose.
H.
The Zoning Board of Appeals shall make factual record
of all its proceedings, including the reading of the case, public
hearing, deliberation, voting and decisions of the Board. These factual
records shall be taken by stenographic and/or tape recorder means
and shall be accurate but not necessarily a verbatim transcript, but
may be in narrative form. The factual record shall be taken by the
Secretary of the Board.
I.
Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Board of Appeals shall be filed in the office of the Town Clerk
within five business days and shall be a public record.
J.
Rehearings. Whenever the Zoning Board of Appeals,
after hearing all the evidence presented upon an application for appeals
under the provisions of this chapter, denies or rejects same, said
Board shall refuse to hold further hearings on the same or substantially
similar application for appeal by the same applicant, their successors
or assigns, for a period of one year, except and unless the Board
shall find and determine from the information supplied in the request
for a rehearing that changed conditions have occurred relating to
the promotion of public health, safety, convenience, comfort, prosperity
and general welfare and that a reconsideration is justified. Such
rehearing may be granted only upon the favorable vote of a majority
of the Board plus one.
The office of the Town Clerk shall be the office
of the Board of Appeals. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
§ 267 et seq. of the Town Law of the State of New York.
The Board of Appeals shall keep minutes of its proceedings, showing
the vote, indicating such fact, and shall keep records of its environmental
reviews and determination, its examinations and other official action.
Any variance or modification of this chapter
authorized by the Board of Appeals shall be automatically revoked
unless a zoning permit or building permit, conforming to all the conditions
and requirements established by the Board of Appeals, is obtained
within six months of the date of approval by the Board of Appeals
and construction commenced within one year of such date of approval.
Failure to comply with any condition or restriction
prescribed by the Board of Appeals in approving any appeal for a variance,
or a modification of regulations shall constitute a violation. Such
violation may constitute the basis for revocation of a variance or
modification or for imposing penalties and other applicable remedies.
A.
Application to Supreme Court by aggrieved persons.
Any person or persons, jointly or severally aggrieved by any decision
of the Board of Appeals or any officer, department or board of the
Town, may apply to the Supreme Court for review by a proceeding under
Article 78 of the Civil Practice Law and Rules. Such proceeding shall
be instituted within 30 days after the filing of a decision of the
Board in the office of the Town Clerk or in the office designated
by resolution of the Town Board. The Court may take evidence or appoint
a referee to take such evidence as it may direct and report the same
with his or her findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter. The court, at special term, shall itself dispose of the cause
on the merits, determining all questions which may be presented for
determination.
B.
Costs of appeal. Costs shall not be allowed against
the Board of Appeals unless it shall appear to the Court that it acted
with gross negligence or in bad faith or with malice in making the
decision appealed from.
C.
Preference of appeal to Court. All issues in any proceeding
under this section shall have preference over all other civil actions
and proceedings.
D.
Power of Court. If, upon the hearing at a Special
Term of the Supreme Court, it shall appear to the Court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the court with his or her findings of fact
and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The Court
may reverse or affirm, wholly or partly, or may specify the decision
brought up for review.
A.
The State Environmental Quality Review Act[2] requires that local government examine the environmental
impact of all actions they permit, fund, or construct. Article 6 and
Part 617 of Title 6 of the New York Code of Rules and Regulations
are hereby adopted by reference.
[2]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.
All Type I actions (6 NYCRR Part 617) shall require
the submission and review of an environmental assessment form.
C.
For zoning action reviewed by the Town, the following
bodies shall be lead agency, unless otherwise delegated by the Town
Board.
|
Action
|
Lead Agency
| ||
|---|---|---|---|
|
Zoning text amendments
|
-
|
Town Board
| |
|
Zoning district amendments
|
-
|
Town Board
| |
|
Special use permits
|
-
|
Planning Board
| |
|
Site plans
|
-
|
Planning Board
| |
|
Variances
|
-
|
Zoning Board of Appeals
|
D.
If in the opinion of the local lead agency, after
review of the environmental assessment form, there appears the potential
for a significant environmental impact, the lead agency shall cause
the applicant to prepare a draft environmental impact statement. Review,
notice and action on the EIS shall be conducted according to Part
617.
E.
The local lead agency's review of the action shall
include the following procedures and general considerations.
(1)
If the local lead agency determines that the proposed
action is not an exempt action, or an action listed in Section 617.12
of Title 6 NYCRR as a Type II action and that ft will not have significant
effect on the environment or local plans, then the local lead agency
shall prepare, file and circulate such determination as provided in
Section 617.7(b) of Title 6 NYCRR and thereafter the proposed action
may be processed without further regard to this article.
(2)
The local lead agency shall maintain files that are
open for public inspection of all notices of proposed actions, draft
and final environmental impact statements, and written determinations.
