[Amended 8-1-2017 by L.L.
No. 3-2017[1]]
A.
Establishment of Consolidated Board of Appeals. There shall be a
Consolidated Board of Appeals between the Town of Naples and the Village
of Naples.
B.
Creation and membership of Consolidated Board of Appeals.
(1)
The Consolidated Board of Appeals shall consist of seven members
and two alternate members.
(2)
Four members of the Consolidated Board of Appeals shall be appointed
by the Town Board of the Town of Naples, and three members thereof
shall be appointed by the Board of Trustees of the Village of Naples.
(3)
The Town Board shall appoint one alternate member of the Consolidated
Board of Appeals, and the Board of Trustees shall appoint one alternate
member of the Consolidated Board of Appeals.
(4)
The initial Town Board appointments shall be for terms of one, three,
five and seven years. The initial Board of Trustees appointments shall
be for terms of two, four and six years.
(5)
Upon the expiration of the terms of the initial appointees to the
Consolidated Board of Appeals, successors shall be appointed by the
respective Boards for terms of seven years.
(6)
Terms of members of the Consolidated Board of Appeals shall begin
on January 1 and end on December 31.
(7)
In the event of a vacancy occurring during a term, the appointment
of a replacement for that vacancy shall be for the remainder of the
term of the vacancy being filled.
(8)
Members appointed by the Town Board shall be replaced by the Town
Board. Members appointed by the Board of Trustees shall be replaced
by the Board of Trustees.
(9)
Any removal of a member of the Board of Appeals shall be by the Board
appointing that member, subject to the provisions of Town Law § 271,
Subdivision 9, in the case of a member appointed by the Town Board,
or the provisions of Village Law § 7-718, Subdivision 9,
in the case of a member appointed by the Board of Trustees.
C.
There shall be two Co-chairpersons of the Consolidated Zoning Board
of Appeals. One Co-chairperson shall be designated by the Town Board
from among the appointees by the Town Board to the Consolidated Zoning
Board of Appeals and one Co-chairperson shall be designated by the
Board of Trustees from among the appointees by the Board of Trustees
to the Consolidated Zoning Board of Appeals. The Co-chairperson appointed
by the Town Board shall preside over matters concerning property located
in the Town of Naples, outside the geographic limits of the Village
of Naples. The Co-chairperson appointed by the Board of Trustees shall
preside over matters concerning property located within the geographic
limits of the Village of Naples. Upon a motion duly adopted by the
Consolidated Zoning Board of Appeals, this "presiding" requirement
may be waived by the Consolidated Zoning Board of Appeals.
[Amended 3-6-2018 by L.L.
No. 4-2018]
D.
Alternate members.
(1)
An alternate member may be substituted for one or two members of
the Consolidated Board of Appeals in the event of a conflict of interest
on the part of such member(s) or in the event of the lack of a quorum
of members of the Consolidated Board of Appeals. The substitution
of an alternate member shall be made by the Chairperson of the Board
of Appeals. The provisions of Town Law § 267, Subdivision
11, shall apply to such alternate members.
(2)
In the event of the substitution of an alternate member, such alternate
member shall not participate in any vote taken by the Board of Appeals
unless that alternate member has first fully reviewed all of the records,
documentation and minutes of previous proceedings pertaining to the
matter being voted upon.
(3)
In providing for alternate members to sit in substitution for regular
members where a quorum is lacking for the Board of Appeals, it is
the intent of this chapter to supersede § 267 of the Town
Law of the State of New York.
E.
The Consolidated Board of Appeals shall have such duties, powers
and responsibilities as are prescribed by this chapter, Article 16
of the Town Law of the State of New York, this chapter of the Code
of the Village of Naples, Article 7 of the Village Law of the State
of New York and any other applicable laws or regulations.
F.
Any reference to "Board of Appeals" in the Code of the Town of Naples
or elsewhere applicable to the Town of Naples shall be interpreted
to mean the Consolidated Board of Appeals of the Town of Naples and
the Village of Naples.
G.
Pursuant to Town Law § 267-a9 and Village Law § 7-712-a9,
the Consolidated Board of Appeals shall file a copy of all proceedings
and decisions with the Town Clerk of the Town of Naples and file a
copy thereof with the Village Clerk of the Village of Naples within
five days after completion of any proceeding or decision.
[Amended 1-2-2018 by L.L.
No. 1-2018]
H.
Any variance granted by the Consolidated Board of Appeals shall,
where appropriate, be noted by the Town Clerk and/or the Village Clerk
of the Village of Naples on a copy of the Official Zoning Map which
is on file in the respective Clerk's office for such purpose.
I.
No variance may be granted by the Consolidated Board of Appeals unless
it finds facts which constitute grounds therefor as required by and
defined by law (Town Law § 267-b or Village Law § 7-712-b,
as applicable).
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2018. It also provided that it supersedes Article 16,
§§ 267 and 271, of the Town Law and Article 7, §§ 7-712
and 7-718, of the Village Law to the extent inconsistent therewith
and to the extent permitted.
A.
Upon an appeal from a decision by the Zoning Enforcement
Officer, the Board of Appeals shall decide any question involving
the interpretation of any provision of this chapter, and where uncertainty
exists as to the boundaries of any zone district, the Board of Appeals
shall, upon written application, determine the location of such boundaries
of such districts as are established in this chapter and as designated
on the Zoning Map of the Town of Naples.
B.
Refer matter to the Planning Board. The Board may
refer to the Planning Board such matters as required by this chapter
and any other pertinent matters for review and recommendations, and
defer any decision thereon for a period of not more than 45 days pending
a report from the Planning Board.
A.
The Zoning Board of Appeals shall act in strict accordance
with procedures specified by law and by this chapter. All appeals
and applications made to this Board shall be in writing by the applicant
on forms provided by the Zoning Enforcement Officer. Every appeal
or application shall refer to the specific provisions of this chapter
involved, and shall exactly set forth the interpretation claimed,
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance should be granted, as the
case may be.
B.
The Board of Appeals shall schedule a public hearing
on all appeals or applications within 90 days of the filing of said
appeal or application. The Board shall give public notice of the public
hearing at least seven days prior to the date thereof:
[Amended 8-1-2017 by L.L.
No. 3-2017[1]]
A.
There shall be a Consolidated Planning Board between the Town of
Naples and the Village of Naples.
B.
Creation and membership of Consolidated Planning Board.
(1)
The Consolidated Planning Board shall consist of seven members and
two alternate members.
(2)
Four members of the Consolidated Planning Board shall be appointed
by the Town Board of the Town of Naples, and three members thereof
shall be appointed by the Board of Trustees of the Village of Naples.
(3)
The Town Board shall appoint one alternate member of the Consolidated
Planning Board, and the Board of Trustees shall appoint one alternate
member of the Consolidated Planning Board.
(4)
The initial Town Board appointments shall be for terms of one, three,
five and seven years. The initial Board of Trustees appointments shall
be for terms of two, four and six years.
(5)
Upon the expiration of the terms of the initial appointees to the
Consolidated Planning Board, successors shall be appointed by the
respective Boards for terms of seven years.
(6)
Terms of members of the Consolidated Planning Board shall begin on
January 1 and end on December 31.
(7)
In the event of a vacancy occurring during a term, the appointment
of a replacement for that vacancy shall be for the remainder of the
term of the vacancy being filled.
(8)
Members appointed by the Town Board shall be replaced by the Town
Board. Members appointed by the Board of Trustees shall be replaced
by the Board of Trustees.
(9)
Any removal of Planning Board members shall be by the Board appointing
that member, subject to the provisions of Town Law § 271,
Subdivision 9, in the case of a member appointed by the Town Board,
or the provisions of Village Law § 7-718, Subdivision 9,
in the case of a member appointed by the Board of Trustees.
C.
The Consolidated Planning Board shall have such duties, powers and
responsibilities as are prescribed by this chapter, Article 16 of
the Town Law of the State of New York, this chapter of the Code of
the Village of Naples, Article 7 of the Village Law of the State of
New York and any other applicable laws or regulations.
D.
Any reference to "Planning Board" in the Code of the Town of Naples
or elsewhere applicable to the Town of Naples shall be interpreted
to mean the Consolidated Planning Board of the Town of Naples and
the Village of Naples.
E.
Alternate members.
(1)
An alternate member may be substituted for one or two members of
the Consolidated Planning Board in the event of a conflict of interest
on the part of such member(s) or in the event of the lack of a quorum
of members of the Consolidated Planning Board. The substitution of
an alternate member to the Consolidated Planning Board shall be made
by the Chairperson of the Consolidated Planning Board. The provisions
of Town Law § 271, Subdivision 15, or its successor law,
shall apply to such alternate members.
(2)
In the event of the substitution of an alternate member for the Consolidated
Planning Board, such alternate member shall not participate in any
vote taken by the Consolidated Planning Board unless that alternate
member has first duly reviewed all of the records, documentation and
minutes of previous proceedings pertaining to the matter being voted
upon.
(3)
In providing for alternate members to sit in substitution of members
when a quorum is lacking for the Consolidated Planning Board, it is
the intent of this chapter to supersede § 271 of the Town
Law of the State of New York.
F.
There shall be two Co-chairpersons of the Consolidated Planning Board.
One Co-chairperson shall be designated by the Town Board from among
the appointees by the Town Board to the Consolidated Planning Board
and one Co-chairperson shall be designated by the Board of Trustees
from among the appointees by the Board of Trustees to the Consolidated
Planning Board. The Co-chairperson appointed by the Town Board shall
preside over matters concerning property located in the Town of Naples,
outside the geographic limits of the Village of Naples. The Co-chairperson
appointed by the Board of Trustees shall preside over matters concerning
property located within the geographic limits of the Village of Naples.
Upon a motion duly adopted by the Consolidated Planning Board, this
"presiding" requirement may be waived by the Consolidated Planning
Board.
[Amended 3-6-2018 by L.L.
No. 4-2018]
G.
Meeting protocol.
[Added 9-4-2018 by L.L.
No. 6-2018]
(1)
The Chairperson of the Board shall preserve order and decorum at
all meetings of the Board.
(2)
Every Board member, prior to his/her speaking, shall address himself
or herself to the Chairperson. When two or more members of the Board
address the Chair at once, the Chairperson shall name the Board member
who is to speak first. No Board member shall speak more than once
on any question, until every Board member choosing to speak shall
have spoken.
(3)
A Board member called to order shall immediately come to order, except
that he/she will be permitted to explain. If an appeal shall be taken
from a decision of the Chairperson, the Board shall decide the case
by majority vote without debate.
(4)
Permission for the public to speak before the Board. Approved advance
requests from the public shall have the right to address the Board
during the privilege of the floor portion of a Board meeting. The
Chairperson may invite other comments from the public at this time.
If so, members of the audience may address the Board on a matter of
public concern. The time allotted for addressing the Board shall be
limited to three minutes unless the Chairperson has granted prior
approval for additional time.
(5)
Motions and resolutions.
(a)
No motion shall be stated, debated, or put, unless it is seconded.
After a motion is stated and seconded, it shall be before the Board,
any such motion may be withdrawn by the Board member offering the
motion at any time prior to decision or amendment.
(b)
If any question in debate contains several distinct propositions,
any Board member may have the same divided.
(c)
Votes, when recorded. The name of the Board member offering
a motion or resolution, and the name of the Board members seconding
the motion or resolution shall be entered into the minutes. The ayes
and nays and abstentions upon any question shall be taken and entered
in the minutes. Any such motion must be made by a Board member, be
duly seconded and then be approved by an affirmative vote of a majority
of the Board.
(d)
Members who are absent from a meeting may, at a subsequent meeting
of the Board, nevertheless vote on a matter that was the subject of
the missed meeting as long as the member has reviewed and familiarized
himself or herself with the subject matter before voting.
(e)
Every motion or resolution, as amended before the Board, shall
be laid over until the next regular session of the Board if so called
for by any member of the Board. No further action may be taken on
the motion, resolution or its amendments to same, but limited discussion
may occur at the discretion of the Chairperson. No member shall be
required to tell his/her reason for the layover of the motion or resolution.
Any action on a laidover motion or resolution must take place at the
next scheduled meeting. No motion or resolution may be laid over a
second time.
(f)
All questions of order not addressed specifically by these procedure
protocols may be decided by legal counsel based on applicable law.
(g)
A motion to adjourn, duly seconded, shall always be in order
and shall be decided without debate by an affirmative vote of a majority
of the Board.
(6)
Agenda. The Chairperson or his/her designee will set the agenda.
The Town Clerk will post the agenda on the official bulletin board
and on the Town's website at least 24 hours prior to the meeting.
(7)
Meeting packet. The Chairperson or his/her designee will gather all
information relevant to the Board meeting, including the agenda, and
deliver to Board members. Also, at least 24 hours prior to the meeting,
the agenda shall be available in the Town Clerk's office and
posted on the Town's website.
(8)
Conflict of laws. In the event that any provision hereof shall conflict
with any local law of the Town of Naples or any laws or regulations
promulgated by the State of New York, such local law of the Town of
Naples and/or law or regulation promulgated by the State of New York
shall prevail.
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2018. It also provided that it supersedes Article 16,
§§ 267 and 271, of the Town Law and Article 7, §§ 7-712
and 7-718, of the Village Law to the extent inconsistent therewith
and to the extent permitted.
[Added 10-9-2006 by L.L. No. 8-2006]
A.
Commencing with the calendar year 2007, each regular
member and each alternate member of the Board of Appeals and the Planning
Board shall complete, at a minimum, four hours of training each calendar
year, which training shall pertain to their respective offices. The
training shall be designed to enable such regular members and alternate
members to more effectively carry out their duties. Training received
by a regular member and/or alternate member in excess of four hours
in any one calendar year may be carried over by the regular member
and/or alternate member into succeeding years in order to meet the
requirements of this subsection. Such training shall be approved by
the Town Board and may include, but not be limited to, training provided
by a municipality, a regional or a county planning department, office
or commission, a county planning federation, a state agency or department,
a statewide municipal association, and/or a college or other similar
entity. Training may be provided in any appropriate format, including
but not limited to, electronic media, video, distance learning and
traditional classroom training.
B.
To be eligible for reappointment to the respective
board, such regular members and/or alternate members shall have completed
the training required pursuant to this subsection.
C.
Failure to comply with the terms of this section by
a regular member or alternate member may be considered grounds for
removal of that regular member or alternate member pursuant to Town
Law §267.9 or Town Law 271.9., respectively.
D.
The training required by this subsection may be waived
or modified by resolution of the Town Board when, in the judgment
of the Town Board, it is in the best interest of the Town to do so.
E.
No decision of the Board of Appeals of the Town of
Naples or the Planning Board of the Town of Naples shall be voided
or declared invalid because of a failure to comply with this section.
The Town Board shall appoint the Zoning Enforcement
Officer. The Zoning Enforcement Officer is hereby given the duty,
power and authority to enforce the provisions of this chapter. He
shall examine all applications for permits, issue permits for the
construction, alteration, enlargement and occupancy of all uses which
are in accordance with the requirements of this chapter and all nonconforming
uses, record and file all applications for permits with accompanying
plans and documents and make such reports as may be required.
No building or structure shall be erected, enlarged,
structurally altered, located on a lot or moved until a permit therefor
has been issued by the Zoning Enforcement Officer. No zoning permit
shall be issued for any structure on a lot which does not front on
a street, highway or approved right-of-way as is required in § 280-a
of the Town Law. Any zoning permit or temporary permit not exercised
within one year after issuance shall automatically expire. This section
shall not apply to fences six feet in height or less, mailboxes, birdhouses
or buildings having a floor area of 25 square feet or less.
There shall be submitted with all applications
for zoning permits two copies of a layout or plot plan drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the exact size and location of the lot of the building and accessory
buildings existing and the lines within which the building or structure
shall be erected or altered, the existing and intended use of each
building or part of the building, the number of families or units
that the building is designed to accommodate, and such other information
with regard to the lot and neighboring lots that may be necessary
to determine and provide for the enforcement of this chapter. One
copy of such plat shall be returned to the owner when such plans shall
have been approved by the Zoning Enforcement Officer. The lot shall
be staked out on the ground before construction is started.
A.
It shall be unlawful for an owner to use or permit
any business or industrial use of any building or premises, or part
thereof, hereafter created, erected, changed, converted or enlarged,
wholly or partly, in its use or structure, until a certificate of
zoning compliance shall have been issued by the Zoning Enforcement
Officer.
B.
It shall be unlawful for an owner to use or permit
the use of any new residence until a certificate of zoning compliance
shall have been issued by the Zoning Officer.
C.
Such certificates shall state that such building or
premises, or part thereof, and the proposed use thereof are in complete
conformity with the provisions of this chapter, and all applicable
laws, ordinances, rules and regulations that may be in effect. It
shall be the duty of the Zoning Enforcement Officer to issue a certificate
of zoning compliance, provided that he is satisfied that the building
and the proposed use of the building or premises conform with all
the requirements herein set forth.
The Board of Appeals may authorize the issuance
of a temporary certificate of zoning compliance for a portion of a
building or structure.
A certificate of zoning compliance shall be
deemed to authorize and is required for both initial and continued
occupancy and use of the building or land to which it applies, and
shall continue in effect as long as such building and the use thereof,
or of such land, are in full conformity with the provisions of this
chapter and any requirements made pursuant thereto. On the serving
of notice of any violation of any of the said provisions or requirements
in respect to any building or the use thereof, or of land, the certificate
of zoning compliance shall be required for any further use of such
building or land.
The Zoning Enforcement Officer shall keep a
record of all applications for and the issuance of zoning permits
and certificates of zoning compliance.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Zoning Enforcement
Officer, who shall properly record such complaint and immediately
investigate the report thereon.
A.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this chapter or
any local law or regulation made under authority conferred hereby,
the Zoning Enforcement Officer or other proper officials, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land to prevent any illegal act, conduct, business or use in or
about such premises.
B.
In addition to the remedies set forth above in Subsection A, when the Zoning Enforcement Officer has reasonable grounds to believe that work on any building or structure is being performed in violation of the provisions of this chapter, he or she shall deliver to the owner of the property, the person performing the work on the property, and/or an agent of the owner of the property from whom the said owner can reasonably be expected to receive notice, a stop-work order.
C.
The Zoning Enforcement Officer shall also post a copy
of such stop-work order in a conspicuous location at the site of the
work being performed. Such copy of the stop-work order shall not be
removed until the stop-work order is rescinded by the Zoning Enforcement
Officer or a court of competent jurisdiction. Any individual removing
the posted stop-work order prior to its rescission shall be guilty
of the violation of this chapter.
D.
Upon service of the stop-work order and/or the posting
of a copy of the stop-work order at the work site, all further work
on the subject building or structure shall be stopped and suspended
until the stop-work order has been rescinded by the Zoning Enforcement
Officer or a court of competent jurisdiction. The stop-work order
shall not be rescinded until the building or structure has been brought
into compliance with the law. Any individual, firm or corporation
which violates a stop-work order shall be guilty of a violation of
the law, and each week in which such a violation occurs may be considered
a separate offense.
E.
The stop-work order shall contain:
(1)
The name of the owner of the subject property;
(2)
The address of the subject property;
(3)
The words "STOP-WORK ORDER" printed at the top of
the order in letters at least 1/2 inch in height;
(4)
A warning that violating the stop-work order or removing
the stop-work order from the site is in violation of the law;
(5)
A statement that the building or structure is in violation
of this chapter of the Town of Naples;
(6)
The name, address and telephone number of the Zoning
Enforcement Officer;
(7)
A statement that the Zoning Law of the Town of Naples;
and
(8)
The date of issuance of the order.
F.
The Zoning Enforcement Officer shall complete an affidavit
of service and posting with respect to the issuance of each stop-work
order.
G.
The Zoning Enforcement Officer shall also issue a
notice of zoning violation in conjunction with the issuance of each
stop-work order.
A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
Each week's continued violation shall constitute a separate additional
violation.
[Amended 7-9-2007 by L.L.
No. 2-2007]
The amount of each administrative fee required
to be paid pursuant to this chapter shall be established by resolution
of the Town Board, unless otherwise specified in this chapter. The
fees shall be set by the Town Board.
