This chapter shall be enforced by the Code Enforcement Officer.
The Town Board of the Town of Eaton shall, by resolution set,
and from time to time amend, the fees that shall be charged for Planning
Board applications and Board of Appeals applications. The fee schedule
shall be available for inspection at the Town Clerk's office.
No building or structure shall be erected, put in place, or have structural modifications constructed until the Code Enforcement Officer has issued a building permit certifying that it meets all the requirements of this chapter. Building permit application procedures are set forth in Chapter 90, Fire Prevention and Building Construction.
A.
A certificate of compliance shall be applied for coincident with
the application for a building permit. A certificate shall also be
applied for prior to beginning a change of use of an existing building
or structure or a vacant parcel on which new construction will occur.
B.
No real property and no building, structure or system hereafter erected,
altered or extended shall be used or changed in use until a certificate
of compliance shall have been issued by the Code Enforcement Officer
stating that the real property, building, structure or system and/or
proposed use thereof complies with the provisions of this chapter.
Said certificate shall be issued within 10 days after the real property,
use, erection and/or alteration shall have been inspected and found
to comply with the provisions of this chapter.
C.
The Town Clerk shall maintain a record of all certificates, and copies
shall be furnished upon request and upon payment of the requisite
copying fee, to be set from time to time by resolution of the Town
Board.
The location of a new driveway for ingress and egress to Town,
county and state roadways shall be cleared with the appropriate highway
department for approval of the location, and their recommendations
concerning appropriate stormwater management structures must be complied
with.
A.
Appointment of a Board of Appeals. The Town Board hereby affirms
the existence of the Board of Appeals of the Town of Eaton, consisting
of five members, and having all the authority conferred upon a Board
of Appeals pursuant to Article 16 of the Town Law. Its purpose is
not to make laws but to interpret the law and to provide flexibility
where needed and justified in the application of this chapter.
B.
Powers and duties of the Board of Appeals.
(1)
The Board of Appeals shall have the following powers and duties:
(2)
Decisions of the Board of Appeals shall be made within 90 days from
the time that the complete application has been filed with the Board.
Decisions shall be by motion and vote of the Board, and shall contain
a full statement of findings of fact in the minutes of the Board.
C.
Application procedure. An appeal for interpretation of a decision
made by an officer of the Town on any part of this chapter or a request
for a variance may be made to the Town Clerk or to the Code Enforcement
Officer. In reply, the Town Clerk will furnish an application form
and instructions, along with a statement of the standards to be followed
and the procedure, including a public hearing, required by law. When
the application form is filled in and returned to the Town Clerk,
along with the prescribed fee, it will be given to the Board of Appeals
within one week.
D.
Variances.
(1)
A variance is a legal permit for a modification of some part of this
chapter to meet an individual hardship. "Hardship" does not refer
to a personal hardship of the property owner/user. Rather, "hardship"
refers to the inability of the property to be used for a permitted
use or to the inability to meet the lot area and/or dimensional requirements.
(2)
If a use or construction authorized by a variance has not been started
and continued within one year, the Board of Appeals may revoke the
variance and require a new application.
(3)
When a variance is granted, the Board of Appeals may prescribe conditions
to be observed in order to protect the health, safety or welfare of
the public, to preserve the general character of the neighborhood
and to minimize possible detrimental effects on nearby property.
E.
Granting of variances.
(1)
The Board of Appeals shall act in strict accordance with the procedure
specified by state law and by this chapter. All applications made
shall be in writing on forms prescribed by the Board. Every application
shall refer to the specific provision of the law involved, the details
of the variance being applied for and the grounds on which it is claimed
that the variance should be granted.
(2)
Each application shall include a site plan of the proposed use or
construction to enable the Board of Appeals to evaluate development
constraints inherent in the property and the proposed use's or construction's
compatibility with the existing uses in its vicinity and with the
purpose of this chapter. Upon the granting of any variance, the submitted
site plan, with any modifications required by the Board, shall become
a part of the record on which future compliance with the terms of
the variance shall be based.
(3)
Written notice setting forth the general nature of the variance application
and the date of the public hearing shall be forwarded by first-class
mail by the Town Clerk to owners of real property within the Town
of Eaton at those addresses as appear on the Town tax roll in use
at the time of mailing for owners of property located adjacent to
and/or within 500 feet of the property parcel(s) which is the subject
of the proposed variance.
F.
Standards for granting variances. No variance for modification of
the strict application of any provision of this chapter shall be granted
by the Board unless it finds the following:
(1)
Use variances.
(a)
For use variances, no use variance shall be granted by the Board
of Appeals without a showing by the applicant that applicable regulations
and restrictions contained in this and supplemental land use regulations
have caused unnecessary hardship. In order to prove such unnecessary
hardship, the applicant shall demonstrate to the Board of Appeals
that for each and every permitted use under those regulations for
the particular district where the property is located, that:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(2)
Area variances.
(a)
For area variances, in making its determination, on each application
for an area variance, the Board of Appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination the Board
shall also consider whether:
[1]
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the area variance;
[2]
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact
on the physical or environmental condition in the neighborhood or
district; and
[5]
The alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(b)
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Imposition of conditions. The Board of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property. Such conditions
shall be consistent with the spirit and intent of this chapter, and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
The Town Board hereby affirms the existence of the Town of Eaton
Planning Board consisting of five members and having all the authority
conferred pursuant to Article 16 of the Town Law. Specifically, the
Planning Board shall have the following powers and duties:
A.
Generally.
(1)
A special permit gives some means of control of proposed new uses
of land and buildings which are compatible with land uses permitted
by right by this chapter as long as the conditions applicable to special
permit uses are satisfied. Specifically, it gives the Planning Board
the opportunity to determine whether such proposed new development
(in the particular location, at the particular scale and of the particular
site design contemplated) will create special problems which can be
corrected or effectively minimized by specially devised conditions
or which call for denial of permission.
(3)
No special permit shall be granted with respect to any property or any use on or for which a violation currently exists. (Nonconforming uses as outlined in § 120-23 are not considered violations of this chapter.)
(4)
Unless extended by the Planning Board, if a use or construction authorized
by a special permit has not been started within one year, the special
permit will expire.
B.
Application procedure. A request for a special permit may be made
to the Town Clerk or to the Code Enforcement Officer. In reply, the
Town Clerk will furnish an application form and instructions, along
with a statement of the standards to be followed and the procedure,
including a public hearing, required by law. When the application
form is filled in and returned to the Town Clerk, along with the prescribed
fee, it will be given to the Planning Board to be acted on at the
next applicable meeting.
C.
Granting of special permits.
(1)
An application to the Planning Board for a special permit shall be
accompanied by one set of preliminary site plans and other descriptive
matter to show clearly the intentions of the applicant. These documents
shall become a part of the record to determine if the proposed special
use meets the requirements of this chapter.
(3)
Written notice setting forth the general nature of the special permit
application and the date of the public hearing shall be forwarded,
by first-class mail, by the Town Clerk to those addresses as appear
on tax rolls in use at the time of mailing for owners of real property
within the Town of Eaton at those addresses as appear on the Town
tax roll in use at the time of mailing for owners of property located
adjacent to and/or within 500 feet of the parcel(s) which is the subject
of the proposed special permit.
D.
Standards for granting special permits. The Planning Board shall
review the special permit application to assure that it accords with
the following:
(1)
Location, size and use of structure, nature and intensity of operations
involved, size of site in relation to it, and the location of the
site with respect to roads giving access to it are such that it will
be in harmony with orderly development of the district.
(2)
Location, nature and height of buildings, walls and fences will not
discourage the appropriate development and use of adjacent land and
buildings or impair their value.
(3)
The special use shall not conflict with any master plan or part thereof.
(4)
Operations of any special use shall not be more objectionable to
nearby properties than would be the operations of any permitted use.
(5)
A special permit shall not be issued for a use on a property where
there is an existing violation of this chapter.
(6)
Off-street parking, loading facilities and vehicle ingress and egress
to the special use shall be such as not to interfere with existing
vehicular and pedestrian traffic patterns as they adjoin the property.
(7)
The special use shall have no significant adverse effect on off-site
stormwater runoff, erosion of soil, or sedimentation of watercourses
and water bodies.
(8)
The special use shall have no adverse effect on the quality of the
Town's sources of groundwater or of the water of its lakes, ponds,
wetlands or streams.
(9)
Special permits may have an expiration date determined by the Planning
Board. Renewal shall be contingent on findings of the Code Enforcement
Officer that any conditions originally imposed by the Planning Board
have been, and continue to be, complied with.
(10)
The use shall not have an adverse effect on the agricultural
industry of the area.
(12)
The Planning Board may impose additional standards on the special
use to provide adequate safeguards to protect the health, safety or
general welfare of the public, to preserve the general character of
the neighborhood in which such proposed special use is to be placed
and to minimize possible detrimental effects of use on adjacent property.
The Planning Board, at a regularly scheduled or specially called
public meeting of the Board, shall review and approve, disapprove
or approve with modifications, all site plans for a special permit,
and all site plans otherwise required to be reviewed.
A.
Submission of site plan and supporting data. A site plan and supporting
data for a special permit approval shall be submitted to the Planning
Board. The owner shall submit a site plan and supporting data as required
and shall include all or a portion of the following information presented
in drawn form and accompanied by a written text. The amount of information
required will depend on the scope of the proposal and shall be determined
by the Planning Board. Simple, small-scale and noncontroversial projects
generally will require only minimal information. Large-scale, complex
proposed projects may require the completion of special studies to
provide the necessary information.
(1)
A survey of the property, showing existing features of the property,
including contours, large trees, buildings, structures, streets, utility
easements, rights-of-way, land use, land use district and ownership
of surrounding property.
(2)
A site plan showing proposed lots, blocks, building locations and
land use areas.
(3)
Traffic circulation, parking and loading spaces and pedestrian walks.
(4)
Landscaping plans, including site grading, landscape design and open
areas.
(5)
Preliminary architectural drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including road improvements, storm
drainage system, public utility extensions, water supply and sanitary
sewer facilities.
(7)
Engineering feasibility studies of any anticipated problems which
might arise due to the proposed development, as required by the Planning
Board.
(8)
Construction sequence and time schedule for completion of each phase
for buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours of operation,
number of employees, expected volume of business and type and volume
of traffic expected to be generated.
(10)
As required under New York State Environmental Quality Review
Act (SEQR), a full or short environmental assessment form (EAF) shall
be submitted if the proposed action is a Type I or an unlisted action,
respectively.
B.
Site plan approval.
(1)
The Planning Board shall review the site plan and supporting data
before approval, rejection or approval with modifications and/or stated
conditions to assure that any site plan approval accords with the
following:
(a)
Harmonious relationship between proposed uses and existing adjacent
uses.
(b)
Maximum safety of vehicular circulation between the site and
road network.
(c)
Adequacy of interior circulation, parking and loading facilities,
with particular attention to vehicular and pedestrian safety.
(d)
Adequacy of landscaping and setbacks in regard to achieving
maximum compatibility and protection to adjacent residential districts.
(2)
Should changes or additional facilities be required by the Planning
Board, final approval of the site plan shall be conditional upon the
satisfactory compliance by the owner with the changes or additions.
(3)
Any owner wishing to make changes in an approved site plan shall
submit a revised site plan to the Planning Board for review and approval.
C.
Performance bond as a condition of site plan approval. The Planning
Board may require, as a condition of site plan approval, that the
owner file a performance bond or other legal security in such amount
as they determine to be in the public interest to ensure that the
proposed development will be built in compliance with the accepted
plans.
A.
Regulations, districts and boundaries established by this chapter
may be amended or repealed after official notice has been given and
a public hearing has been held by the Town Board as required by the
Town Law and Madison County Planning Department review received in
certain cases as mandated in Article 12-B, § 239-m, of the
General Municipal Law.
B.
Each petition requesting a change of land use regulations or district
boundaries shall be typewritten, signed by the owner and filed in
triplicate with the Town Board or the Code Enforcement Officer and
accompanied by the required fee.
C.
If a public hearing is scheduled at least 35 days before the date
of the public hearing, the Town Board shall transmit to the Planning
Board a copy of the proposed amendment or change, with supporting
documents and notice of hearing. The Planning Board shall submit its
recommendations within 35 days. The lack of a response within this
period will be interpreted as a recommendation of approval from the
Planning Board.
D.
The Planning Board may require a site plan of the proposed development
for which a change of land use district is sought to assist them in
their understanding of the case.
E.
The Town Board shall hold a public hearing within 60 days of the
submission date of any adequately completed petition as required by
this section.
A.
Under §§ 239-l, 239-m and 239-n of Article 12B of
the New York State General Municipal Law, all requests for variances
and special permits shall be referred to the Madison County Planning
Department for its recommendation if the property in question is within
500 feet of:
(1)
The boundary of any city, village or town;
(2)
The boundary of any existing or proposed county or state park or
other recreation area;
(3)
The right-of-way of any existing or proposed county or state road
or highway;
(4)
The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines;
(5)
The existing or proposed boundary of any county- or state-owned land
which a public building or institution is situated; or
(6)
The boundary of a farm operation located in a state-certified agricultural
district, as defined by Article 25AA of the Agriculture and Markets
Law, except that this subsection shall not apply to the granting of
area variances.
B.
Failure to refer those requests to the Madison County Planning Department
before local action is complete may invalidate any local decision.
A.
Any person may file a complaint about a violation of this chapter.
Such complaints must be in writing, signed and filed with the Code
Enforcement Officer, the Town Clerk or the Town Board. The Code Enforcement
Officer shall investigate promptly and take the appropriate action
to satisfy that complaint.
B.
Any violation of this chapter as determined by the Code Enforcement
Officer must be reported to the offender by the Code Enforcement Officer
or the Town Board, with the date by which the violation must be corrected.
C.
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 weeks' continued
violation shall constitute a separate additional violation.
D.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure of land
is used or any land is divided into lots, blocks or sites in violation
of this article or of any ordinance or other regulation made under
authority conferred thereby, the proper local authorities of the Town,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance, use or division of land, to restrain,
correct or abate such violation, to prevent the occupancy of such
building, structure or land or to prevent any illegal act, conduct,
business or use in or about such premises.
A.
Whenever the Code Enforcement Officer has reasonable grounds to believe
that work on any building or structure is proceeding without permit
or is otherwise in violation of the provision of this chapter or is
not in conformity with any of the provisions of the application, plans
or specifications on the basis of which a permit was issued or is
being conducted in an unsafe and dangerous matter, he shall notify
either the owner of the property or the owner's agent or the person,
firm or corporation performing the work to immediately suspend all
work. In such instance, any and all persons shall immediately suspend
all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed by
the Code Enforcement Officer and shall state the reasons for the stop-work
order, together with the date of issuance. The stop-work order shall
bear the signature of the Code Enforcement Officer or that of a duly
authorized designee and shall be prominently posted at the work site.
Upon resolution of the Town Board of the Town of Eaton specifically
so designating, the Code Enforcement Officer shall have authority,
pursuant to Article 150 of the New York Criminal Procedure Law, to
issue appearance tickets as defined therein for the purpose of enforcing
the local law.
Pursuant to the Town Law of the State of New York §§ 267
and 274-a, any person or persons jointly or severally aggrieved by
any decision of the Board of Appeals, the Planning Board or any officer
of the Town may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
must be instituted by the aggrieved party within 30 days after the
filing of that decision in the office of the Town Clerk.
The provisions of this chapter shall be strictly enforced by
the Code Enforcement Officer.
