The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer (referred to as "CEO"), who shall have such powers as are
conferred upon him by this chapter. He 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 Code Enforcement Officer
shall receive such compensation as the Town Board shall determine.
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A site development permit shall
be a prerequisite for an application for a building permit for the
erection or alteration of a building, structure or use thereof or
for the change in the use of any land area or existing building. Permits
issued pursuant to this section shall expire in 12 months. The Code
Enforcement Officer may grant an extension for time of completion
and include any conditions or requirements deemed necessary or desirable.
Applicants shall justify the need for the proposed extension. Unless
such an extension is requested and approved, further work as described
in the canceled permit shall not proceed until a new permit has been
obtained. If a project is not initiated within six months of the issuance
of the permit, the permit issued shall be considered null and void.
A. Site development permit.
(1) The Code Enforcement Officer is hereby empowered under the procedures and requirements specified in §
135-24 to issue a site development permit for: any plans regarding the construction, alteration or demolition of any building or part of any building; or the change in the use of any land area or part thereof; or for the change in use of any existing building, where the Code Enforcement Officer determines that such plans are not in violation of the provisions of this chapter.
(2) No building or structure shall be erected, moved,
added to or structurally altered or changed in use without a site
development permit issued by the Code Enforcement Officer. No permit
shall be issued by the Code Enforcement Officer, except in conformity
with the provisions of this chapter, unless the Code Enforcement Officer
receives a written order from the Board of Appeals in the form of
an administrative review or variance as provided by this chapter.
B. Temporary use permit. Upon written direction of the
Town Board, the Code Enforcement Officer is hereby empowered to issue
temporary use permits as specified herein:
(1) A temporary use permit may be approved to enable the
placement of a single mobile home dwelling unit on a lot in the AR-2
Agricultural Rural Residential District or the RR-1 Rural Residential
District; provided further that:
(a)
The applicant first obtains a building permit
to erect a dwelling unit on said lot in accordance with Town regulations
and has completed construction for the cellar or foundation.
(b)
The applicant identifies and receives Town Board
approval for the interim solution for water supply and sewage disposal
for the mobile home dwelling unit.
(c)
The applicant agrees to remove said mobile home
dwelling unit no later than two years from the first issuance of the
temporary use permit.
(2) A temporary use permit for the placement of a mobile
home dwelling unit may be issued only for one year and may be renewed
for one additional year; provided further that:
(a)
Construction on the dwelling unit on said lot
is at least 25% completed to the satisfaction of the Code Enforcement
Officer, at the time of permit renewal.
(3) All other temporary use permit(s) approved by the
Town Board shall be in effect for a period of one year. Said permit(s)
may be extended by the Town Board not more than once, for an additional
period not to exceed 12 months, and only if the Town Board has proof
that at the end of said extension the temporary use shall cease.
(4) Except for temporary use permits for the sale of unregistered
motor vehicles as regulated in this chapter, no more than one temporary
use permit per lot shall be authorized by the Town Board at any one
time.
(5) All fees associated with the granting or renewal of a temporary use permit shall be established in the manner provided for in §
135-26 of this chapter.
C. Certificate of compliance.
(1) It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
compliance shall have been issued therefore by the Code Enforcement
Officer stating that the proposed use of the building or land conforms
to the requirements of this chapter.
(2) Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article
XIV.
D. Special use permit. Upon written direction of the
Town Board or Town Planning Board, the Code Enforcement Officer is
hereby empowered to issue a special use permit as provided for by
this chapter.
(1) Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article
X in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2) A special use permit shall authorize only one particular
special use. A time period may be established by the designated Board
for each special use permit. At the end of this specified time period
the special use permit shall expire unless renewed. In addition, the
special use permit shall expire if the use shall cease for more than
one year for any reason.
(3) No person shall be issued a special use permit for
a property where there is an existing violation of this chapter. Before
any special use permit shall be issued, the respective Board shall
make written findings certifying compliance with the specific rules
governing individual special permit uses and that satisfactory provision
and arrangement has been made concerning the following, where applicable:
(a)
Ingress and egress to property and proposed
structures thereon, with particular reference to vehicular and pedestrian
safety and convenience, traffic flow and control and access in case
of fire or catastrophe.
(b)
Off-street parking and loading areas, where required, with particular attention to the items in Subsection
D(3)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(c)
Refuse and service areas, with particular reference to the items in Subsections
D(3)(a) and
(b) above.
(d)
Utilities as appropriate, with reference to
locations, availability and compatibility.
(e)
Screening, buffering and landscaping, with reference
to type, dimensions and character.
(f)
Signs, if any, and proposed exterior lighting
with reference to glare, traffic safety, economic effect, compatibility
and harmony with properties in the district.
(g)
Required yards and other open space.
(h)
General compatibility with adjacent properties
and other property in the zone district.
(4) The Code Enforcement Officer shall inspect the premises
of a use authorized and approved with a special use permit not less
than one time each calendar year. The inspection shall determine that
the use is being operated consistent with the terms and conditions
established by the Town Board or Town Planning Board in approving
the permit. If the Code Enforcement Officer determines that the conditions
are not in compliance with the permit, the Code Enforcement Officer
shall nullify the special use permit and set forth the procedures
and requirements for reestablishing the use. The use may not be operated
until a new application is submitted and approved.
Each application for a site development or a
special use or temporary use permit shall be made in quadruplicate
and accompanied with a site plan. The materials to be submitted with
each application shall clearly show the conditions on the site at
the time of the application, the features of the site which are to
be incorporated into the proposed use or building and the appearance
and function of the proposed use or building. The application shall
include the following information and plans for both before and after
conditions:
A. The location, design, dimensions, use and height of
each proposed building and yard area.
B. Property boundaries, as shown on an accurate map drawn
to scale, including the precise location of the center line of the
road, dimensions, North arrow and date.
C. A general location map showing the location of the
property in relation to adjacent parcels.
D. The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking.
E. Information to describe topography and natural grades.
F. Provisions for water supply, sewage disposal and storm
drainage.
G. The location of fire hydrants.
H. The location and design of outdoor lighting facilities.
I. The location and design of construction materials
of all proposed signs.
J. The location and capacity of all areas to be used
for loading and unloading and the distance to the nearest intersection.
K. The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
L. The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping.
M. The location of fire and other emergency zones.
N. The location of any easements or rights-of-way.
O. Other elements integral to the proposed development
as considered necessary by the Code Enforcement Officer, or Planning
Board, including a property survey, any and all requirements to comply
with the State Environmental Quality Review Act (SEQRA), other community
impacts and the identification of any state or county permits required
for the execution of the project.
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. Fees shall be established
annually by resolution of the Town Board.