The purpose of this article is to provide procedures
for enforcement of this chapter.
A.
Zoning Officer. This chapter shall be enforced by
the Zoning Officer of the Town of Cortlandville, who shall be appointed
by the Town Board.
A.
Building permits shall be required:
B.
Building permits shall not be required:
(1)
For normal maintenance, painting, interior decorating
or landscaping.
(2)
For accessory structures (such as dog houses, storage
shed, or play houses) 100 square feet in total floor area or less
(such structure must be in compliance with this chapter as to location
and use or may be ordered removed). There shall be a limit of two
such structures without a permit.
C.
Application procedure.
(1)
Applicants shall complete and sign a building permit
application form obtained from the Zoning Officer for work requiring
such permits. These may be signed by the owner or his authorized agent.
(2)
Each application shall be accompanied by three copies,
minimum size of 8 1/2 inches by 11 inches, of a site plan showing:
(3)
A separate application is required for each structure
on a single parcel.
(4)
Each application for construction or use, not to be
served by municipal water and sewer services, shall be accompanied
by the written approval of the Cortland County Health Department showing
design and location of septic system and/or well (this shall not be
required for accessory structures, the occupancy of which does not
involve a health hazard).
(5)
Zoning Officer shall review the application and attached
data for compliance with this chapter and will make a determination
to:
(6)
Following the above determinations, the applicant
may:
D.
Fees for building permits shall be as set forth from
time to time by Town Board resolution.
[Amended 8-17-1988 by L.L. No. 2-1988; 8-5-1998 by L.L. No. 2-1998]
A.
A certificate of zoning compliance shall be required
for:
C.
Procedure.
(1)
All certificates of zoning compliance shall be issued
by the Zoning Officer of the Town of Cortlandville.
(2)
For new and altered structures, following completion
of construction, the owner shall contact the Zoning Officer and request
inspection. If construction meets with all codes and local laws, and
all special conditions required by the Planning Board or the Zoning
Board of Appeals, the Zoning Officer shall issue a certificate of
zoning compliance to the owner for the specified use only.
(3)
For changes in use:
(a)
The owner or his agent shall contact the Zoning
Officer and request a change in use on the existing structure or land.
(b)
The Zoning officer shall make a determination
that:
[1]
The proposed use is in compliance with this
chapter but requires no further review;
[2]
The proposed use is in compliance with this
chapter but requires a site plan approval;
[3]
The proposed use is in compliance with this
chapter but requires a conditional permit; or
[4]
The proposed use is not in compliance with this
chapter.
(c)
Following the above determinations, the owner
may:
[1]
Obtain a certificate of zoning compliance from
the Zoning Officer if, after inspection of property, no violations
of this chapter are in evidence;
[2]
Make application to the Town Planning Board for site plan approval following procedures of Article XIII (applications may be made through the Zoning Officer);
(d)
If the Planning Board or the Zoning Board of
Appeals approves the site plan, conditional permit or variance, a
certificate of zoning compliance shall be issued by the Zoning Officer
if, after inspection of the parcel, no further violations of this
chapter are found, and if all conditions required by the Planning
Board and Zoning Board of Appeals are complied with.
A.
If the owner desires a certificate of zoning compliance
prior to meeting all conditions specified by the Planning Board or
Zoning Board of Appeals, he shall make a new application for such
certificate to the appropriate Board.
B.
The application shall state the conditions not yet
completed, reasons, expected date of completion and the estimated
cost of completion.
C.
The Board shall review the application, and if, through
such review, it determines that the request is justified, it shall
instruct the Zoning Officer to issue a temporary certificate of zoning
compliance contingent upon the owner posting a bond or certified check
payable to the Town of Cortlandville in an amount at least as much
as the estimated cost of completion as determined by the Board.
D.
A temporary certificate of zoning compliance shall
have a fixed expiration date set by the Board.
E.
If on or before the expiration date of such temporary
certificate of zoning compliance all conditions have been met, the
bond or check shall be returned to the owner and a permanent certificate
issued.
F.
If on the date of expiration of the temporary certificate
of zoning compliance all conditions have not been met, the owner shall
be notified, n writing, and will have 45 days to respond as to the
reasons for noncompliance.
G.
If there is no response or if the Board determines
that the reasons are not adequate, the temporary certificate may be
revoked or other suitable action may be taken as determined by the
Board.
H.
If the Board determines that there is sufficient reason
for delay, a new temporary certificate shall be issued and the Board
may require a new bond and/or certified check for a different amount
than the original.
I.
The Board may determine that a portion of the conditions
have been met and may reduce the bonded amount at its discretion.
C.
Procedure.
(1)
For above actions, applicants will include with permit
application forms a completed Environmental Assessment Form (EAF),
which may be obtained from the Zoning Officer, who will make a preliminary
decision as to the adequacy of the EAF.
(2)
The reviewing Board will make a determination as to
whether or not SEQR applies.
(3)
A determination of type of action as defined by SEQR
will be made.
(4)
The reviewing Board shall make determination of lead
agency status as defined by SEQR.
(5)
The lead agency will determine whether or not action
will have environmental significance.
(6)
If not, notice of the same shall be filed with reasons
for determination as required by SEQR.
(7)
If yes, notice will be filed and applicant requested
to prepare an Environmental Impact Statement.
(8)
Further procedures are outlined under the New York
State Environmental Quality Review Act.
[Added 6-7-1989 by L.L. No. 1-1989]
A.
Statement of intent.
(1)
One of the most important benefits received by residents
of the Town of Cortlandville from its government is the protection
of property values and way of life safeguarded by the town's zoning
and planning laws. The Town has expended substantial public funds
developing, nurturing and maintaining its comprehensive land use plan.
Every violation of these laws undermines the benefit of these laws
to all citizens and corrupts the integrity of the plan as a whole.
(2)
The criminal enforcement process is only one tool
to compel compliance with these laws, but it is designed for punishment,
not compliance, and the penalties associated therewith are often insufficient
to modify behavior.
(3)
The injunctive powers of the Supreme Court, on the
other hand, are designed to compel compliance, but accessing these
powers is very expensive to the municipal taxpayer. This section is
designed to provide authorization for the Town of Cortlandville to
recover its reasonable attorney fees from a defendant who is adjudged
by the court in a civil proceeding of having violated the town's zoning
and/or planning laws.
B.
Applicability. This chapter shall be applicable to any civil proceeding, whether in the nature of an action for injunction or otherwise, brought by the Town of Cortlandville or any of its boards, departments, agencies or divisions to enforce, compel compliance with or enjoin a violation of this chapter, Chapter 140, Subdivision of Land, the town's junk vehicle law, Article XIII, Site Plan Approval, or other land use laws or regulations, in which the Town of Cortlandville or its boards, departments, agencies or divisions are the prevailing party.
C.
Recovery of attorney fees. In any civil proceeding,
for an injunction or other relief in which the Town of Cortlandville,
its boards, departments, agencies or divisions shall prevail, it shall
be entitled to recover from one or all of the defendant or defendants,
all of its reasonable attorney fees, costs and disbursements.
D.
Home rule. By this chapter, the Town of Cortlandville
intends to exercise the powers granted to it by the Municipal Home
Rule Law to the maximum extent possible, and it is specifically intended
that this chapter shall supersede all other local or state laws of
general application inconsistent herewith, except that this law shall
not be construed so as to be inconsistent with nor to deprive any
member of the judiciary of the State of New York of any power granted
or reserved to such Judge. This chapter is not intended in any way
to limit the Town of Cortlandville in resorting to any and all other
legal remedies in the enforcement of its laws and regulations, including
criminal enforcement.