A.
Notice of public hearing. Each notice of hearing upon an application
for site plan review, a special use permit, or for the review of a
variance application upon an appeal to the Zoning Board of Appeals,
or any other public hearing shall be published once in the official
newspaper of the Town at least five days prior to the date of the
hearing. In addition, at least 10 days prior to the date of the hearing,
notices shall be mailed to all owners of property within 500 feet
of the exterior boundary of the property for which the application
is being made, as may be determined by the latest assessment records
of the Town.
B.
Referral to the County Planning Board.
(1)
Any variance application, site plan review or zoning change application
within the following thresholds shall be referred to the Ulster County
Planning Board for its review and comment:
(a)
Within 500 feet of the Town boundary.
(b)
Within 500 feet of an existing or proposed county or state park
or recreation area.
(c)
Within 500 feet of a right-of-way of any existing or proposed
parkway, thruway, expressway, road or highway.
(d)
Within 500 feet of any existing or proposed county or state
stream or drainage channel or easement.
(e)
Public building or institution.
(f)
Within 500 feet of the existing or proposed boundary of any
County- or state-owned land on which a public building or institution
is situated.
(g)
Within 500 feet of the boundary of a farm operation located
in an agricultural district, as defined by Article 25-AA of the Agriculture
and Markets Law.
(2)
Within 30 days after receipt of a full statement of such referred
matter, the Ulster County Planning Board shall report its recommendations
to the referring Town body. If the County fails to report within 30
days, the Town body may act without such report. If the County disapproves
the proposal or recommends modification thereof, the Town body having
jurisdiction shall not act contrary to such disapproval or recommendation,
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution fully setting forth the reasons
for such contrary action.
C.
When a
hearing is to be held by the Planning Board relating to site plan
review and approval or special use permit on property that is within
500 feet of an adjacent municipality, the Planning Board shall give
notice by mail or electronic transmission to the clerk of the adjacent
municipality at least 10 days prior to any such hearing pursuant to
§ 239-nn of the General Municipal Law.[2]
D.
Records to be retained. The original or a certified copy of all decisions,
approvals, rulings and findings of any board under this chapter and
of all permits and certificates issued under this article shall be
promptly furnished by the Building Inspector to the Town Clerk and
retained as a permanent Town public record.
E.
Assistance to boards. Planning Board and Zoning Board of Appeals
shall have the authority to call upon any department, agency or employee
of the Town for such assistance as shall be deemed necessary and as
shall be authorized by the Town Board. Such department, agency or
employee may be reimbursed for any expenses incurred as a result of
such assistance. The Planning Board and Zoning Board of Appeals shall
have the power and authority to employ experts, clerks and a secretary
and to pay for their services, and to provide for such other expenses
as may be necessary and proper, not exceeding the appropriation that
may be made therefor by the Town Board.
F.
The Planning Board and Zoning Board of Appeals shall comply with
the provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations as codified in Title 6, Part 617 of the New York Codes,
Rules and Regulations.
A.
Building Inspector. The Building Inspector shall have the power and
duty to administer and enforce the provisions of this chapter. The
Building Inspector shall be appointed by and may be removed at the
pleasure of the Town Board. An appeal from an action, omission, decision
or rule by the Building Inspector regarding a requirement of this
chapter may be made only to the Zoning Board of Appeals. The Building
Inspector shall have the power to make inspections of buildings or
lots necessary to carry out his or her duties in the enforcement of
this chapter. The Town Board may appoint a Deputy Building Inspector
to exercise any or all of the duties of the Building Inspector.
B.
Building Inspector's duties.
(1)
The Building Inspector shall not issue a permit for the construction
of any building or use of any property unless such building or use
conforms to all laws and ordinances of the Town.
(2)
The Building Inspector shall maintain files, open to the public,
of all applications for certificates of occupancy and building permits
along with plans submitted therewith as well as final certificates
and permits.
(3)
The Building Inspector shall also maintain records, open to the public,
of every complaint of a violation of the provisions of this chapter
as well as any action taken as a result of such complaints.
(4)
The Building Inspector shall submit to the Town Board for insertion
in the Board minutes a written report summarizing for the month all
building permits and certificates of occupancy issued as well as complaints
of violations and any action taken as a result of such complaints.
