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.
A.
It shall be the duty of the Code Enforcement Officer
or any 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 any authorized assistants
may enter any premise or building during reasonable hours in the course
of their 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, the officer
shall notify, in writing, the person responsible for such violations,
indicating the nature of the violation and ordering the action to
correct it. In an effort 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 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 occupancy or certificate of compliance, as appropriate,
for such building or use shall be held null and void. New certificates
of occupancy and/or 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,
the Code Enforcement Officer's action upon the same, any conditions
relating thereto and any other matters considered and action taken
by the Code Enforcement Officer. Such records shall form a part of
the records of the Code Enforcement Officer's 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)
Monthly report. The Code Enforcement Officer shall
prepare a monthly report for the Town Board. Said report shall cite
all actions taken by the Code Enforcement Officer, including all referrals
made; all permits and certificates issued and denied; all complaints
of violation received and all violations found; and the action taken
consequent thereon; and the time spent and mileage used. A copy of
this monthly report shall also be transmitted by the Code Enforcement
Officer to the Tax Assessor, Planning Board and Board of Appeals at
the same time it is transmitted to the Town Board.
E.
Whenever the Code Enforcement Officer denies a permit
or certificate, the Code Enforcement Officer 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 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 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 § 150.20
of the New York State Criminal Procedure Law.
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.
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.
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.
(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.
A.
Site development permits. No building or structure
shall be commenced, nor shall any building or structure be extended
or structurally altered, nor shall any use of a building or land be
changed, except pursuant to a site development permit issued by the
Code Enforcement Officer. The Code Enforcement Officer shall in no
case, except under a written order of the Board of Appeals, issue
any permit for any building or structure or use where the proposed
construction, alteration or use thereof would be in violation of any
provision of this chapter.
(1)
All applications for site development permits shall
be made in quadruplicate to the Code Enforcement Officer, on forms
supplied by him, in the details specified elsewhere in this chapter.
(2)
One copy of the application and supporting documents
shall be returned to the applicant by the Code Enforcement Officer
after he shall have marked such copy either as approved or disapproved
and attested to the same by his signature on such copy. The original
and all remaining copies of the application, similarly marked, shall
be retained by the Code Enforcement Officer.
(3)
Where the proposed use is for the expansion or structural alteration of an existing single-family dwelling, or an accessory use or structure in an agricultural or residential district, the Code Enforcement Officer shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for. When the application is for any other permitted use or special permitted use in any zone, the Code Enforcement Officer shall refer copies of such plans, drawings and statements to the Town Planning Board for site plan approval in accordance with Article XI of this chapter.
(4)
All site development permit applications referred
to the Planning Board shall be reviewed to determine that the proposed
site development plan is consistent with the goals and objectives
of the town's Master Plan; that the proposed improvements are sufficient
to adequately serve the proposed use; that adjacent properties are
protected from potential negative impacts; that potential adverse
environmental impacts are identified; and appropriate mitigation measures
have been proposed.
(5)
If the proposed use is farm related and is located
in the AR-2 or RR-1 Districts, the Code Enforcement Officer shall,
within 30 days after receipt of a complete application, either approve
or disapprove of the proposed development or construction. In the
event of disapproval, the reasons shall be stated clearly by the Code
Enforcement Officer, in writing. The Code Enforcement Officer shall
deny a site development permit for the proposed construction until
such conditions as the disapproval is based upon have been corrected
or written order of the Board of Appeals is obtained.
B.
Certificates of compliance.
(1)
Within seven days after the completion of the change
in use of a building or parcel of land, the applicant shall so notify
the Code Enforcement Officer by registered mail, return receipt requested,
stating that such action has been completed. Within seven days of
the receipt of this letter, the Code Enforcement Officer shall conduct
a final inspection of the premises to determine whether the new use
complies with the requirements of this chapter. If the Code Enforcement
Officer determines that said building or use complies with the provisions
herein, he shall issue a certificate of compliance. If it is determined
that the provisions specified herein are not fully complied with,
the Code Enforcement Officer shall specify the violations and the
terms and conditions for remedying these violations. A certificate
of compliance shall not be issued until such violations are corrected.
(2)
No nonconforming building or use shall be maintained,
renewed, changed or extended without a certificate of compliance having
first been issued by the Code Enforcement Officer. The certificate
of compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
C.
Special and temporary use permits.
(1)
All applications for special and temporary use permits
shall be made in quadruplicate to the Code Enforcement Officer on
forms provided by him.
(2)
The Code Enforcement Officer, after determining that
an application is in proper form, shall transmit copies of the application
and all supporting documents to either the Town Planning Board or
the Town Board.
(3)
The Code Enforcement Officer shall transmit a copy
of the complete application and supporting documents to the County
Planning Board for review when required under Article 12-B, §§ 239-l
and 239-m of the General Municipal Law.
(4)
The application for special permit use shall include a site development plan of the subject parcel drawn to scale which includes all of the data specified in § 135-86 of this chapter.
(5)
If the Planning Board determines that a public hearing
would serve no community benefit, it shall render a decision on the
proposal not less than 30 days nor more than 60 days following the
referral of the application to the County Planning Boards. The sixty-day
period may be extended by mutual agreement of the applicant and the
Town Planning Board.
(6)
If the Planning Board determines that the public benefit
would be served by a public hearing, said hearing shall be conducted
within 45 days following the receipt of a complete application. Within
30 days from the date of such public hearing, the Planning Board shall,
by resolution, either approve or disapprove the application so heard.
The thirty-day period available to make a determination may be extended
by mutual agreement of the applicant and the Planning Board. Whenever
a public hearing is required by the Planning Board, the applicant
shall be required to erect a sign giving notice of such public hearing,
which sign shall be prominently displayed on the premises, facing
a public street or road on which the property abuts. The sign shall
be furnished to the applicant for this purpose by the Town. Said sign
shall be displayed for a period of not less than 10 days immediately
preceding the public hearing or any adjournment date thereof. The
applicant shall file an affidavit with the Planning Board at or prior
to the public hearing, stating that he or she has complied with the
provisions of this section.
[Amended 9-12-2005 by L.L. No. 4-2005]
(7)
In approving an application, the Planning Board may
impose any modifications or conditions (including time limits) it
deems necessary to conform with the goals and objectives of the town's
Master Plan, and its principles of land use and development and to
protect the health, safety or general welfare of the public.
(8)
If an application is approved by the Planning Board,
the Code Enforcement Officer shall be furnished with a copy of the
approving resolution, and he shall issue the permit applied for in
accordance with the conditions imposed by the Board.
(9)
If any application is disapproved by the Planning
Board, the reasons for such denial shall be set forth in the Board
resolution, and a copy of such resolution shall be transmitted to
the Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval.
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.
