Town of Cortlandville, NY Article XX Administration

§ 178-124 Statement of intent.

The purpose of this article is to provide procedures for enforcement of this chapter.

§ 178-125 Enforcing official; construction guidelines.

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.

B. All construction shall be in compliance with the New York State Uniform Fire Prevention and Building Code (current edition), the National Electric Code (current edition) and the Design and Development Guidelines contained in § 178-140 of this chapter.

[Amended 8-6-2003 by L.L. No. 2-2003]

§ 178-126 Building permits.

A. Building permits shall be required:

(1) Prior to start of excavation for either Subsection A(2), A(3) or A(4) below.

(2) Prior to erection of all new structures.

(3) Prior to any structural alterations, additions or enlargement of existing structures.

(4) Prior to movement of structure from one location to another.

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.

(3) For signs less than six square feet in size (see Article XVIII).

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:

(a) Dimensions of the proposed building or structure.

(b) Dimensions of the lot or parcel upon which the structure will be located.

(c) Separation distances between the structure and the lot lines.

(d) Other information if deemed necessary to determine compliance with this chapter.

(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:

(a) Issue a permit if in compliance with this chapter;

(b) Refer to the Planning Board for site plan approval or conditional permit; or

(c) Deny the permit due to conflict with this chapter.

(6) Following the above determinations, the applicant may:

(a) Pay fee and obtain a permit, if approved;

(b) Make application to the Planning Board for site plan approval or conditional permit using the procedure outlined in Article XIV (this application to the Planning Board may be made through the Zoning Officer); or

(c) Make application to the Zoning Board of Appeals for an interpretation or variance in accordance with the procedures outlined in Article XXI. This application to the Zoning Board of Appeals may be made through the Zoning Officer.

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]

E. Expiration.

(1) Permits issued shall be valid for one year from date of issue.

(2) If construction has not begun at the end of this period, a new permit shall be required.

§ 178-127 Certificate of zoning compliance.

A. A certificate of zoning compliance shall be required for:

(1) All new construction prior to use or occupancy.

(2) All altered, enlarged and moved structures prior to use or occupancy of altered areas, expansions or use at new locations.

(3) All existing structures and uses being changed to a new use prior to occupancy of new use.

B. A certificate of zoning compliance shall not be required for:

(1) Use of accessory buildings less than 100 square feet.

(2) Continued use of existing structure and/or land with continuing occupancy.

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);

[3] Make application to the Town Planning Board for a conditional permit following the procedures outlined in Article XIV; or

[4] Make application to the Zoning Board of Appeals for interpretation or variance following the procedures outlined in Article XXI. (Application 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.

(e) If all conditions required by the Planning Board or Zoning Board of Appeals are not met, the Zoning Officer shall not issue a certificate of zoning compliance unless the owner posts a bond following the procedures of Article XX.

§ 178-128 Bonding in lieu of completion of conditions.

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.

§ 178-129 State Environmental Quality Review Act (SEQR).

A. Purpose.

(1) Under SEQR, certain actions and permit procedures require further review for environmental impact.

(2) SEQR procedures involve notifications of state and local agencies and determination of environmental significance.

B. Where SEQR is required (the following list provides examples but is not all-inclusive):

(1) Conditional permits.

(2) Gravel and quarry permits.

(3) Planned unit development.

(4) Cluster development.

(5) Variances.

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.

§ 178-130 Recovery of attorney fees.

[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.