Town of Pleasant Valley, NY Article VII Administration and Enforcement

§ 98-87 Zoning Administrator.

A. This chapter shall be enforced by the Zoning Administrator, who shall be appointed by the Town Board.

B. Duties of the Zoning Administrator shall include, but not be limited to:

(1) Review of all applications for permits required by this chapter to determine that the requirements of this chapter have been met, and to determine that all necessary approvals have been obtained from federal, state and local agencies.

(2) Performing duties as described in Chapters 39, 50, 53, 57, 62 and 95.

(3) Enforcing the provisions of Chapters 39, 50, 53, 57, 62, 95 and 98.

(4) Interpreting the location of zoning district boundaries and FIRM boundaries showing the areas of the one-hundred-year flood zone (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

C. The Zoning Administrator and his duly authorized assistant(s) shall have the authority to enforce the provisions of this chapter. Either upon his own initiative or receipt of a complaint in any form, the Zoning Administrator and his duly authorized assistant(s) may investigate any alleged violation of the provisions of this chapter. If, however, the Zoning Administrator receives a written and signed complaint about an alleged violation, the Zoning Administrator or his duly authorized assistant(s) shall investigate the complaint. The Zoning Administrator and his duly authorized assistant(s) require the permission of a property owner or person in charge thereof or a search warrant issued by a court in order to enter onto property and to view premises suspected to be in violation of the provisions of this chapter. However, for the Town to pursue injunctive relief against an alleged violator, such permission or warrant is not required.

(1) The Zoning Administrator shall notify the owner and tenant before conducting any inspection.

(2) The Zoning Administrator or his duly appointed assistant(s) shall display identification, signed by the Town Clerk, upon commencing an inspection.

D. Enforcement procedure.

(1) An investigation of infraction may be initiated by the Zoning Administrator without receipt of a complaint; however, following a complaint such an investigation shall be mandatory.

(2) Prior to any official notification of a violation, the Zoning Administrator and his duly authorized assistant(s) may attempt to resolve the violation directly with the alleged violator by written or verbal communication.

(3) If the Zoning Administrator or his duly authorized assistant(s) has not secured compliance through direct communication with the alleged violator, then he shall serve a notice of violation and an order to remedy on the person responsible for the violation. Such notice shall be served by certified mail. The notice shall specify the section of this chapter under which the violation exists and describe the activity or structure which constitutes the violation. The order shall direct the violator to remedy the violation within five days of receipt of the order. The Zoning Administrator may extend the time to remedy for good cause shown.

(4) Upon failure by the violator to comply with the notice of violation and order to remedy, the Zoning Administrator or his duly authorized assistant(s) may serve a cease-and-desist order on the person responsible for the violation, which shall direct that the person shall immediately cease the activity which constitutes the violation. The cease-and-desist order shall be served on the person responsible for the violation.

(5) A cease-and-desist order may be appealed to the Zoning Board of Appeals. Said appeal must be filed within 30 days of receipt of the notification. The order shall stand in effect during appeal.

E. Appeal of interpretation. Any interpretation of the laws and regulations of the Town by the Zoning Administrator or action by the Zoning Administrator founded on his or her interpretation may be appealed to the Zoning Board of Appeals within 30 days of the decision or action.

(1) In the case of interpretations inhibiting development or use, the interpretation of the Zoning Administrator shall stand during the appeal.

(2) In the case of interpretations allowing development or use, a cease-and-desist order on the development or use shall be in effect during the appeal.

§ 98-88 Building permits.

A. Scope.

(1) No building or structure in any district shall be erected, reconstructed, restored or expanded without a building permit duly issued upon application to the Zoning Administrator.

(2) No building permit shall be issued prior to, but may be issued along with, any required permit, provided that the requirements for both permits are met.

B. Applications.

(1) Any building permit obtained fraudulently in violation of the provisions of this chapter and Chapter 39, Building Construction, shall be null and void and of no effect without the necessity for any proceedings for revocation or nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful.

(2) Every application for a building permit shall comply with the requirements set forth in Chapter 39, Building Construction, § 39-10, and be accompanied by the required fee(s).

C. Zoning Board of Appeals authorization. Before the issuance of any building permit for a use for which this chapter requires a special use permit, the special use shall be approved by the Zoning Board of Appeals, and no development shall be carried out except in conformity with all conditions established for the special use.

D. Planning Board site plan approval. Before the issuance of any building permit for a use requiring site plan approval as specified by the Schedule of Permitted Uses,[1] the detailed site plan for such use shall be approved by the Planning Board, and no building development shall be carried out except in conformity with such approved site plan.

[1] Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter.

E. Expiration.

(1) Each building permit shall expire 12 months after the date of issuance.

(2) A building permit may be renewed once, for one additional year, subject to compliance review by the Zoning Administrator and on the condition that work has commenced during the original permit period. Application must be made for renewal.

[Amended 10-12-2011 by L.L. No. 5-2011]

(3) A building permit may be renewed for third-year continuance, subject to compliance review by the Zoning Administrator and on condition that work has commenced during the original permit period. Application must be made for renewal and is subject to payment of applicable current building permit fees.

F. Temporary buildings.

(1) Temporary nonresidential use shall be allowed via a temporary permit to be issued by the Zoning Administrator for one or more trailers where a building permit has been issued for the construction or alteration of a building. The number of trailers shall be limited to that which the Zoning Administrator shall deem to be necessary in each case. The temporary permit shall be for a period not to exceed the expiration of the building permit for the related construction or the issuance of the related certificate of occupancy/compliance, whichever occurs first. The temporary use shall comply with the standards and regulations established for comparable buildings located in the same district.

(2) Temporary residential buildings, including mobile homes. Emergency temporary residential use shall be allowed via a temporary permit to be issued by the Zoning Administrator. A use shall be termed "emergency temporary residential use" only if it is a use arising from the catastrophic loss of a previously established residential use and is limited to the property of the lost use during construction of a replacement residence. The temporary permit shall be for a period not to exceed the expiration of the building permit for the related construction or the issuance of the related certificate of occupancy, whichever occurs first. The temporary use shall comply with the standards and regulations established for comparable buildings located in the same district.

§ 98-89 Certificates of occupancy.

A. Scope.

(1) No land use shall be altered and no building shall be occupied, used or changed in use until a certificate of occupancy has been issued by the Zoning Administrator, stating that the building or proposed use thereof complies with the provisions of this chapter and all other applicable Town codes or ordinances.

(2) No certificate of occupancy shall be issued until the road or roads have been completed sufficiently to provide proper and reasonable ingress and egress for emergency vehicles.

(3) No certificate of occupancy shall be issued without prior approval of water supply and sewage facilities by the Dutchess County Department of Health.

B. Application. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificates shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter and all other applicable codes or ordinances.

C. Temporary certificate.

[Amended 10-12-2011 by L.L. No. 5-2011]

(1) The Zoning Administrator shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Zoning Administrator issue a temporary certificate unless the Zoning Administrator determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment has been installed and is operational, and that all required means of egress from the building or structure, or portion thereof, subject to the permit have been provided. The Zoning Administrator may include in a temporary certificate such terms and conditions as he/she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.[1]

[1] Editor's Note: See Ch. 39, Building Construction.

(2) A temporary certificate shall be effective for a period of time, not to exceed 30 days, which shall be determined by the Zoning Administrator and specified in the temporary certificate. Such temporary certificate may be renewed for successive thirty-day periods, not to exceed a total of 180 days.

(3) During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code and the Town of Pleasant Valley Code.

(4) The issuance of a temporary certificate shall not relieve the obligation of the permit holder to renew the building permit that would otherwise expire by its terms or the terms of this chapter.

§ 98-90 Remedies; penalties for offenses.

For violation of any provision of this chapter, the Town, as authorized by § 268 of the New York State Town Law, may pursue either the remedy of injunctive relief set forth in Subsection A below, or the enforcement of the penalties set forth in Subsection B below. Such remedies are not mutually exclusive and may be pursued by the Town simultaneously.

A. The Town may initiate an action in Supreme Court for injunctive relief whenever such injunctive relief may be necessary to prevent any further violation of this chapter or any threatened and imminent violation of this chapter.

B. The Town may initiate an action in Justice Court for violation of this chapter. Conviction of such violation shall be deemed a misdemeanor and shall be punishable as follows:

(1) Penalties.

(a) For conviction of a first offense, the conviction shall be punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both.

(b) For a conviction of a second offense committed within a period of five years of the first offense (whether for the same violation as the first conviction or not), the second offense shall be punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.

(c) For conviction of any subsequent offense, where all offenses are committed in the same five-year period, the subsequent conviction shall be 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.

(2) Each week's continued violation shall constitute a separate additional violation.

C. All costs of the remedy granted, whether injunctive or punitive, shall be the liability of the violator and may be recovered accordingly if incurred by the Town.

D. No application to the Town Board, Planning Board or Zoning Board of Appeals shall be accepted for any property on which, at the time the application is made, filed and/or taken under advisement, there is any unremedied cease-and-desist order or a cited violation [see § 98-87D(4)] of this chapter and/or any other ordinance or regulation of the Town existing as related to said property, except for the following:

(1) If the application is for relief which will eliminate the violation, then the Board may accept the application; or

(2) If the Board finds a practical difficulty on the part of the applicant, the Board may accept the application.

E. Upon failure or refusal of the Town to initiate any action or enforcement proceeding following a period of 10 days after receipt of a written request from a taxpayer of the Town to remedy any alleged violation of this chapter, any three taxpayers of the Town adversely affected by such violation, who are jointly and severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as the Zoning Administrator or any other body of the Town is authorized to pursue.

F. No action may be taken on a property where a violation has been issued, with the exception of Subsection D(1) and (2) above, until the violation has been remedied, either by restoration, removal or restitution.

§ 98-91 Consultant fees.

A. Every application for a permit or approval described in Subsection B below shall be accompanied by such fees as set forth on the fee schedule adopted, and amended from time to time, by the Town Board.

B. Liability; scope.

(1) Every applicant, and landowner if different, shall be jointly and severally responsible for payment of all reasonable and necessary costs of consultant services (defined hereafter), where the Town Board, Planning Board, Zoning Board of Appeals, Superintendent of Highways, Zoning Administrator, and/or any other Town of Pleasant Valley agency or department uses the services of private engineers, attorneys or other consultants (collectively, "consultant services"):

(a) for purposes of engineering, scientific land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications, for:

[1] Special permits;

[2] Site plans;

[3] Subdivision of land;

[4] Sign permits;

[5] Use variances;

[6] Area variances;

[7] Applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise;

[8] Applications to amend the provisions of the Town Code;

[9] Lot line realignment;

[10] Interpretations of the Town Code;

[11] Highway permits;

[12] Driveway permits;

[13] Wetland permits; or

[14] Transfer of development rights, purchase of development rights and density management alternatives requiring action by the Town Board; or

[Added 1-17-2018 by L.L. No. 3-2018[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection B(1)(a)[14] as B(1)(a)[15].

[15] Any other principal or ancillary land use or development permits or approvals permitted or required under the Town Code; and/or

(b) to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals.

(2) In no event shall that responsibility be greater than the actual cost to the Town of such consultant services.

(3) The review expenses provided for in this Subsection B are in addition to application or administrative fees required pursuant to any other provisions of this article and the Town Code.

C. The Town Board, Planning Board, Zoning Board of Appeals, Superintendent of Highways and/or Zoning Administrator may require advance periodic monetary deposits ("escrow deposits"), to be held on account of the applicant or landowner (the "escrow account") by the Town of Pleasant Valley to secure the reimbursement of the Town's consultant service expenses. Escrow deposits shall be made and maintained according to the Schedule of Escrow Funds periodically adopted and updated by the Town Board. The Town may make payments from the deposited funds, for consultant services, after audit and approval by the Town Board of itemized vouchers for such services. Upon request, the Town shall supply copies of such vouchers to the applicant, appropriately redacted where necessary to shield legally privileged communications between Town officers or employees and the Town's consultants. When the escrow account is depleted as set forth on the Schedule of Escrow Funds, the Town shall cause the applicant or landowner to deposit additional sums into the escrow account, pursuant to the Schedule of Escrow Funds, to meet such expenses. Notwithstanding the foregoing, when it appears to the Town that pending or anticipated vouchers will deplete the escrow account below the minimum permitted levels set forth on the Schedule of Escrow Funds, then Town shall cause the applicant or landowner to deposit additional monies into the escrow account, in the same manner as if the actual balance in the escrow account had fallen below minimum permitted levels set forth on the Schedule of Escrow Funds.

D. The Town Board shall review and audit all vouchers and shall approve payment only of such engineering, legal and other consulting expenses as are necessarily incurred by the Town in connection with the review and consideration of any application as set forth in Subsection B above, or for the monitoring, inspection or enforcement of any permits or approvals or the conditions attached thereto. For the purpose of this review and audit, a fee shall be reasonable in amount if it bears a reasonable relationship to the average charge by engineers, attorneys or other consultants to the Town for services performed in connection with similar applications or if there are no similar projects within the Town, then for similar projects located in Dutchess and Columbia Counties and the surrounding area, to the extent that such similar projects may exist. In this regard, the Town Board may take into consideration the complexity, both legal and physical, of the project proposed, including, without limitation, the size, type, and nature of project, number of buildings to be constructed, the amount of time to complete the project, together with any special features, but not limited to, the topography of the land on which such project is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities or parks to be constructed and such special conditions or considerations as the Town Board may deem relevant. A fee or part thereof is necessarily incurred if it was charged by the engineer, attorney, or other consultant for a service which was rendered in order to protect or promote the health, safety, welfare or other vital interests of the residents of the Town, protect public or private property from damage from uncontrolled surface water runoff and other environmental factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities, to correct any defects arising during any post-dedication maintenance period, avoid claims and liability, and such other interests as the Town may deem relevant.

E. The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible to reimburse the Town of Pleasant Valley for funds expended to compensate for services rendered to the Town under this section by private engineers, attorneys or other consultant services. In order for a land use application to be complete, the applicant shall provide the written consent of all owners of the subject real property, both authorizing the applicant to file and pursue land development proposals and acknowledging potential landowner responsibility, under this section, for engineering, legal and other consulting fees incurred by the Town (collectively, "consultant services fees"). In the event of failure to reimburse the Town for such fees, the following shall apply:

(1) The Town may seek recovery of unreimbursed consultant services fees by action brought in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the Town in prosecuting such action.

(2) Alternatively, and at the sole discretion of the Town, a default in reimbursement of such consultant services fees expended by the Town shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Comptroller, to be applied in reimbursing the fund from which the costs were defrayed for the consultant services fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

F. Upon submission of an application for any permit or approval covered under this § 98-91, and prior to being placed on any agenda, the applicant and/or owner shall deposit such funds as required pursuant to the Schedule of Escrow Funds, together with any applicable fees as set forth on the Town of Pleasant Valley Schedule of Fees, each as may be periodically adopted and updated by the Town Board. In the event any escrow deposit is depleted below the minimum permitted amount, the application shall be removed from the agenda of the reviewing board and review of such application shall cease and shall not recommence until such time as the escrow deposit has been replenished as required. In no event shall the Chairman of the Planning Board sign a final site plan or subdivision plat unless and until all consultant services fees incurred by the applicant have been paid. In all cases, no certificates of occupancy shall be issued unless and until all consultant services fees incurred by the applicant have been paid.

G. Every applicant, and landowner, if different, shall, upon submission of an application subject to the provisions of this § 98-91, execute and deliver an escrow agreement, acceptable in form and content to the Attorney to the Town, acknowledging the obligations set forth herein.

H. In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act (SEQR), all subsequent consultant review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQR and under this chapter. The applicant shall maintain the basic escrow account for the continued review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the consultant services costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with the provisions of this chapter.

I. Notwithstanding the provisions of Subsections A through H above, no escrow shall be required for any application to the Zoning Board of Appeals unless the Zoning Board determines that the subject application will require consultant review. If such a determination is made by the Zoning Board of Appeals, at any time prior to final approval of any application before it, then the provisions of Subsections A through H above shall be fully applicable as if they had been required upon submission of the initial application.