Town of Johnstown, NY Zoning Administration and Enforcement

Meeting with Code Enforcement Officer. Any person intending to engage in an activity that may be subject to this chapter and/or Chapter 84, Subdivision of Land, of this Code should meet with the Code Enforcement Officer as early as possible to determine which, if any, permits or approvals may be required and what review procedures, if any, apply.

(1)

Filing application for zoning permit. A person desiring a zoning permit shall file an application for a zoning permit with the Code Enforcement Officer, together with the appropriate fee. The application shall be submitted on forms provided for such purpose by the Code Enforcement Officer, and shall include two copies of a plot plan drawn to approximate scale showing the actual dimensions of the land to be built on or otherwise used, the size and location of all buildings or other structures or other uses to be built or undertaken and such other information as may be necessary in the evaluation of the application and the administration of this chapter. Following personal receipt of an application and its signing by the Code Enforcement Officer, the Code Enforcement Officer shall notify the applicant within 10 working days of any additional information required for completion of the application. Applications requiring additional information shall be deemed incomplete and shall not be considered a pending application until fully complete. If no notice for additional information is given, then the application shall be deemed complete as filed. When all additional information is received, the Code Enforcement Officer shall acknowledge the same in writing. If directed by the Town Board, the Code Enforcement Officer shall provide a report or copies of completed applications received to the Town Board, the Planning Board, the Zoning Board of Appeals and/or the Town Assessor on a periodic basis.

(2)

Determination.

(a)

The Code Enforcement Officer will advise the applicant of the requirements for the approvals needed, and shall provide information to the applicant when requested by the applicant in the preparation of the required application. When the required approvals have been obtained, and all other legal and regulatory requirements have been satisfied, the Code Enforcement Officer shall issue a zoning permit. Not later than 10 working days after receiving a completed application, the Code Enforcement Officer shall mail or deliver to the applicant the determination that either:

[1]

The proposed project or activity complies with the requirements of this chapter and all other applicable local laws and regulations and requires no other approvals, and accordingly a zoning permit is issued; or

[2]

The proposed project or activity is inconsistent with one or more specified requirements of this chapter or other applicable local law or regulation, and a zoning permit is denied; or

[3]

The proposed project requires one or more specified special approvals before a zoning permit can be granted. The proposed project may, for example, be for a use allowable by special use permit and/or site plan approval, requiring approval of a special use permit by the Planning Board and/or approval of a site plan by the Planning Board.

[4]

Note that any decision of the Code Enforcement Officer made pursuant to this article may be appealed to the Zoning Board of Appeals, or a variance may be sought from the Zoning Board of Appeals pursuant to this chapter.

(3)

Issuance and posting. All zoning permits shall be issued in duplicate and one copy shall be conspicuously posted (protected from the weather, if necessary) by the applicant and on the premises affected at all times while construction or development is ongoing. In issuing a zoning permit, the Code Enforcement Officer shall sign, date, and return to the applicant one copy of the approved plans bearing the notation "Approved." No person shall perform any construction or otherwise undertake a project requiring a permit unless a zoning permit for such project is displayed as set forth above, nor shall any person perform such activities after notification of the revocation of a zoning permit.

(4)

Revocation. If the Code Enforcement Officer determines that an application or accompanying plans are in any material respect false or misleading, or that work being done upon the premises differs materially from what is allowed by the zoning permit, the Code Enforcement Officer may forthwith revoke the zoning permit. The permittee shall thereupon cease the use, activity, or construction, and surrender the zoning permit to the Code Enforcement Officer.

(5)

Lapse and renewal. A zoning permit shall lapse one year following the date it was granted if the project has not been commenced or the use has not been commenced. The Code Enforcement Officer may renew any zoning permit for a period terminating not later than one year from the date it would have originally lapsed, provided that the facts upon which the zoning permit was granted have not substantially changed.

(6)

Compliance with Building Code. The issuance of a zoning permit shall not be deemed proof of compliance with the New York State Uniform Fire Prevention and Building Code. Once a zoning permit is issued, a building permit may be issued pursuant to the Building Code if in compliance with the requirements of the Building Code. A building permit may be applied for simultaneously with a zoning permit application but the zoning permit application must be issued first in order for any building permit to be effective.

(7)

Site inspection. The submission of an application for a zoning permit, site plan, special use permit or variance, shall constitute consent to the Code Enforcement Officer and to members or designates of the Boards with authority to grant the required approvals or variance to conduct such inspections of the site as such persons deem necessary and appropriate for the purposes of this chapter.

Certificate of compliance. No use for which a zoning permit was granted shall be occupied or maintained except pursuant to a certificate of compliance issued by the Code Enforcement Officer. The Code Enforcement Officer, within 10 working days after receipt of request for inspection of a project or operation of a use for which a zoning permit has been issued, shall inspect and issue a certificate of compliance if the project has been completed, or the use is being operated in compliance with all terms of the zoning permit and with all applicable provisions of this chapter and other laws and regulations including any approvals issued by the Zoning Board of Appeals and/or Planning Board, if applicable. Such certificate shall constitute a permit to occupy and/or conduct the use and, for nonresidential uses, shall be conspicuously posted on the premises. If the project involves the construction of a building or structure, a building permit and certificate of occupancy must also be issued by the Code Enforcement Officer pursuant to the Building Code before the building or structure can be occupied.

Violations. Whenever a violation of this chapter occurs, the Code Enforcement Officer may enforce compliance to remedy the violation or any person may file a complaint requesting enforcement action by the Code Enforcement Officer. All such complaints shall be made to the Code Enforcement Officer who shall properly record such complaint and thereafter investigate the allegations of such complaint. Said investigation shall be conducted at his discretion, contingent upon case loads and other official duties of the CEO. If a violation of this chapter is found, the Code Enforcement Officer shall report his findings on such violation to the Town Board. The Code Enforcement Officer shall have authority to serve a notice of violation, an order to cease or stop work or order to abate or remove a violation upon any person owning, leasing, controlling or managing any building, structure, or land. The undertaking of a land use or development for which a zoning permit is required, or the construction of any improvement in a manner that materially deviates from an approved plan and the violation of any condition imposed by a zoning permit, certificate of compliance, special use permit, site plan, variance, or subdivision approval shall constitute a violation of this chapter.

Penalty. Any person owning, leasing, managing or otherwise controlling any building, structure, or land where a violation of this chapter occurs and any person who commits or assists in the commission of any violation of this chapter who, after being served with an order to cease or remove such violation, fails to comply with such order within 10 days after such service, shall be guilty of an offense and subject to a fine as authorized in Section 268 of the Town Law. The Code Enforcement Officer has the authority under this chapter and the Town Law to prosecute any such violations in the Town of Johnstown Justice Court.

(1)

Continuous violations. In addition to the penalties defined in Subsection D above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty pursuant to the current schedule of fees on file with the Code Enforcement Officer and with the Town Clerk. When a violation of any of the provisions is continuous, each week thereof shall constitute a separate and distinct violation subjecting the offender to an additional civil penalty. The Code Enforcement Officer has the authority under this chapter to commence a civil action in order to obtain a civil penalty under this provision in the Town of Johnstown Justice Court upon the notice to, and the consent of, the Town Board. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, Section 268, the Town Board of the Town of Johnstown hereby declares its intent to change or supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, Section 10 et seq. of the Consolidated Laws of the State of New York.

(2)

Person other than individual. For the purposes of this section, where a "person" is an entity other than an individual, the principal executive officer or partner or agent or manager of such entity may be considered to be such person.

(3)

Application of penalties. The methods of enforcement as set forth in Subsections D(1) and (2) above, as well as Subsection E below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order.

Injunctive relief. In case of any violation or threatened violation of any of the provisions of this chapter or conditions imposed in any zoning permit or certificate of compliance, the Town may, by resolution of the Town Board, institute an action for injunctive relief to prevent, restrain, correct or abate such violation. As part of such action, the Town may request the Court for an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief.

Misrepresentation. Any zoning permit or other approval granted under this chapter shall be void if it is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known.

Fees. The Town Board, by resolution, shall establish and amend (from time to time) a schedule of fees for the applications and permits required or contemplated by this chapter. The current schedule shall be on file with the Code Enforcement Officer and with the Town Clerk. Such fees shall be payable to the Town Clerk at the time of application or, as appropriate, at the time of issuance of a permit. In certain instances where the reviewing Board deems the application, or any aspect thereof, requires a consultant to assist the reviewing Board, said Board may require as part of the fee, a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs of a consultant to be retained by the reviewing Board in order to assist the Board in reviewing the application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s).

(1)

The Town shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant retained shall provide the Town with detailed invoices showing the services rendered for the time-period billed and the Town shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues. Any deposit amounts that remain at the end of the process shall be returned to the applicant.