8-24-2020 by L.L. No. 3-2020]
A. This chapter
shall be enforced by the Zoning Officer, also known as the Director
of Planning and Zoning, who shall be appointed by the Town Board.
No land use and development permit or land use certificate of compliance
may be issued by him/her except where all the provisions of this chapter
have been complied with.
B. Residency
exemption, authority and supersession. The person holding the office
of Zoning Officer in the Town of Lake George need not be a resident
nor an elector of the Town of Lake George; provided, however, that
such person shall reside in Warren County or an adjoining county within
the State of New York. This subsection is adopted pursuant to Municipal
Home Rule Law, § 10[1][ii][a][1]. This local law shall supersede
Town Law, § 23(1) and Public Officers Law, § 3(1)
in their application to the office of Zoning Officer/Director of Planning
and Zoning for the Town of Lake George. This section shall take effect
on the day of its adoption by the Town Board of Lake George, and shall
be retroactive to the original date of adoption of this chapter.
The Zoning Officer shall issue a land use and development permit
if he determines that:
A. The land use or development complies with the Lake George Onsite
Wastewater Treatment System Regulations.
B. The land use and development meets the area, bulk and height controls set forth in Article
IV and the shoreline restrictions set forth in Article
V unless an area variance has been granted pursuant to Article
XI, §
175-95C(3), Board of Appeals, or clustering has been approved by the Planning Board.
C. The land use or development has received site plan approval pursuant to Article
VI, if applicable, and all conditions of that approval required to be met prior to granting a permit have been met.
D. The land use or development is a Class B regional project for which approval was obtained pursuant to Article
X and all conditions of that approval required to be met prior to the issuance of a permit have been met.
E. It is not a Class B regional project and is either a permissible
use, a permissible accessory use or a nonpermissible use for which
a variance has been granted and all conditions of that variance required
to be met prior to the issuance of a permit have been met.
A land use and development permit issued for a Class B regional
project shall expire within 60 days from the date thereof unless within
such sixty-day period such permit shall have been duly recorded by
the project sponsor in the Adirondack Park Agency Regional project
Permit Book in the office of the clerk of the county wherein the land
use and development is proposed to be located.
If a project for which a land use and development permit has
been issued is not in existence within two years after the issuance
of such permit, said permit shall expire, and the project may not
thereafter be undertaken or continued unless a new permit has been
applied for and issued in the same manner and subject to all provisions
governing the initial application for and issuance of a permit, unless
the terms of the project provide for a longer period of time, in which
case the permit shall expire at the end of that longer period. In
addition, no building or other structure or portion of a structure
shall be left on a lot incomplete or with an unfinished exterior without
the annual renewal of the Warren County building permit.
The Town Board shall appoint two alternate members of the Planning
Board to substitute for any regular member in the event of a conflict
of interest or other factor such as illness, vacation or other absences.
The alternate member(s) shall be appointed by resolution of the Town
Board for a term of five years. The Chairperson of the Planning Board
may designate an alternate member to substitute for a regular member
when such regular member is unable to participate in an application
or matter before the Board. When so designated, the alternate member
shall possess all of the powers and responsibilities of such regular
member. Such designation shall be entered into the minutes of the
initial Planning Board meeting at which the substitution is made.
To enhance review consistency, when an alternate member is designated
to substitute for a regular member on a project review, and said project
returns to the Board for further review at a subsequent meeting or
meetings, said alternate shall again substitute at all such subsequent
meetings (if said alternate member is in attendance) for the regular
member who missed the Board's previous review or the project, unless
the Chairman designates otherwise. All provisions relating to Planning
Board member training and continuing education, attendance, conflict
of interest, compensation, eligibility, vacancy in office, removal
and service on other boards shall also apply to alternate members.