A.
Code Enforcement Officer. Unless otherwise provided, this chapter
shall be enforced by the Code Enforcement Officer in accordance with
the provisions herein.
B.
Permits.
(1)
No structure shall be erected, constructed, enlarged, located, structurally
altered or moved and no land or structures shall be used until a permit
thereof has been issued by the Code Enforcement Officer. Unless a
variance has been granted by the Zoning Board of Appeals, no permit
or certificate of occupancy shall be issued for any structure where
said erection, construction, enlargement, location, addition, alteration
or moving thereof would be in violation of any of the provisions of
this chapter. No building permit shall be authorized or issued for
a use subject to site plan or special use permit requirements, except
in full accordance with such approvals.
(2)
Permit application. Before any permit shall be issued, written application
therefor shall be made on official Town forms. All applications, shall
be accompanied by 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 on the lot of all structures proposed
to be built on the lot and of any existing structures that shall remain,
the existing and intended use of each structure or part thereof, the
number of families that the structure may be designed to accommodate,
the nature of the improvement, the estimated cost and the intended
use or purpose to be made of the improvement and premises 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, as adopted. One copy of such plan shall be returned to the
owner, either in person or by mail, when such plans shall have been
approved by the Code Enforcement Officer. The building location on
the lot shall be staked out on the ground before construction is started
so that the Code Enforcement Officer may determine, by measurement
in the field, that the yard requirements for the district in which
the use is located have been met.
(3)
Nature of permits.
(a)
Such permit shall, among other things, briefly describe the
premises, the nature of the improvement, the estimated cost and the
intended use or purpose to be made of the improvement and premises.
It shall bear the date of issuance and shall be signed by the official
issuing the same. The original application and a duplicate copy of
the plans, specifications and permit issued shall be filed immediately
in the office of the Code Enforcement Officer. No building, land or
premises shall be used for any purpose other than that stated in the
permit.
(b)
Duration and scope of permit. A building permit shall expire
if construction is not commenced within a period of 12 months. The
Building Inspector may grant a one-year extension of time.
C.
Certificates of occupancy.
(1)
Certificates of occupancy required. An owner shall not use or permit
the 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 occupancy shall have been
issued by the Code Enforcement Officer. Such certificate shall state
that such building premises or part thereof and the proposed use thereof
are in complete conformity with the provisions of this chapter. It
shall be the duty of the Code Enforcement Officer to issue a certificate
of occupancy, 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.
(2)
Temporary certificates of occupancy. Under such rules and regulations
as may be established by the Town Board, a temporary certificate of
occupancy for part of a building may be issued.
(3)
Temporary conditional certificates of occupancy. In the event an
owner or builder cannot complete all construction but needs to occupy
or guarantee occupation of a structure or lands, and the weather or
other uncontrollable and unforeseeable occurrence prevents the completion
of all the construction, and provided that the structure and/or land
can be occupied safely without violating any provisions of the Town
Code and the New York State Uniform Fire Prevention and Building Code,
the Code Enforcement Officer may issue a temporary conditional certificate
of occupancy (TCCO) specifying a limited, reasonable period of time,
and all conditions attached to its issuance, which also provides for
a cash bond in an amount determined by the Town Engineer and deposited
with the Town Supervisor, and that the Town may complete the construction
upon the owner or builder's default, using the cash bond deposited.
(4)
Valid periods for certificates of occupancy. A certificate of occupancy
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, is in full conformity with the provisions
of this chapter and any requirements made pursuant thereto. On the
serving of notice by the Code Enforcement Officer 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 occupancy for such
use shall thereupon become null and void, and a new certificate of
occupancy shall be required for any further use of such building or
land.
D.
Records. The Code Enforcement Officer shall maintain a record of
all certificates, and copies shall be furnished, upon request, to
any person having a proprietary or tenancy interest in the building
affected. A fee payable to the Town will be charged for each certificate
copied.
E.
Fee schedule.
(1)
Any applicant for a permit, variance or payment of drainage, recreation
or other requirement or seeking various development- and construction-related
applications, including but not limited to site plan approval, subdivision
approval, variances, inspections and permits, shall pay fees to the
Town of Lloyd on a schedule to be determined by the Town Board.
(2)
The Town Board shall, by resolution, adopt a schedule of fees to
be paid by applicants for said permits, variances, drainage fees,
recreation fees or development- and construction-related applications.
Such fees may be paid under such terms and in such stages as the Town
Board, by resolution, directs, but shall be uniform for all applicants.
(3)
The Town Board may, by resolution, amend the fees in the schedule
from time to time and may adopt regulations, by resolution, concerning
the procedure for applications for development and other matters in
connection with the fee schedule and development within the Town.
F.
Penalties.
(1)
A person who violates any of the provisions of or who fails to comply
with any conditions imposed by this chapter shall have committed a
violation, punishable by a fine not exceeding $500 for a conviction
of a first offense and punishable by a fine of $1,000 for a conviction
of a second or subsequent offense. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional offense.
(2)
The Town Zoning Code Enforcement Officer, in the name of the Town
of Lloyd, is authorized to retain an attorney and is directed to institute
any and all actions and proceedings authorized by law necessary to
enforce this chapter. The Zoning Code Enforcement Officer may bring
actions for civil penalties in any court having jurisdiction for a
civil penalty which may amount to $100 per day for the time that the
violation exists. Any civil penalty shall be in addition to and not
in lieu of any criminal prosecution and penalty, but may be brought
even if no criminal violation is prosecuted.
(3)
Injunctions and enforcement measures. Any building erected, constructed,
altered, enlarged, located, converted, moved or used contrary to any
of the provisions of this chapter, and any use of any land or any
building which is conducted, operated or maintained contrary to any
of the provisions of this chapter, shall be and the same is hereby
declared to be unlawful. The Code Enforcement Officer may issue a
stop-work order or seek an injunction, mandamus, abatement or any
other appropriate action to prevent, enjoin, abate or remove such
erection, construction, alteration, enlargement, location, conversion
or use in violation of any of the provisions of this chapter. The
Code Enforcement Officer shall serve notice, personally or by certified
mail addressed to the premises of such violation, on the person or
corporation committing or permitting the same, and if such violation
does not cease within such time as the Code Enforcement Officer may
specify and a new certificate of occupancy is not obtained, the Code
Enforcement Officer shall institute such of the foregoing actions
as may be necessary to terminate the violation. Such notice may also
be served by posting on the premises.
(4)
Cumulative penalties. The remedies provided for herein are cumulative
and not exclusive and shall be in addition to any other remedies provided
by law.
A.
Creation of Planning Board. There shall be a Planning Board pursuant
to the provisions of § 271 of the Town Law. The seven-member
Planning Board may continue to act as a duly constituted Planning
Board until the Town Board, by resolution, reduces such membership
to five.
B.
Powers and duties generally. The Planning Board shall have all the
powers and duties prescribed by law.
C.
Alternate members. The Town Board shall establish two alternate Planning
Board member positions for purposes of substituting for a member in
the event such member is unable to participate because of a conflict
of interest, as provided in § 271, Subdivision 15, of the
Town Law, or in the event that a quorum of the regular members of
the Planning Board is not met and such alternative member(s) are needed
to establish a quorum for the conduct of business. Alternate members
of the Planning Board shall be appointed by resolution of the Town
Board, for terms established by the Town Board.
(1)
The Chair of the Planning Board may designate an alternative member
to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board or due to absence. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board.
(2)
All provisions of this section and of § 271 of the Town
Law relating to Planning Board member training and continuing education,
attendance, conflict of interest, compensation, eligibility, vacancy
in office, removal, and service to other boards shall also apply to
alternative members.
D.
Training. The Town Board maintains standards for training of Planning
Board members in accordance with the provisions of § 271,
Subdivision 7-a, of the Town Law.
E.
Officers.
(1)
The officers of the Board are the Chair and Vice Chair and Secretary,
if said Secretary is a member of the Board.
(2)
The Chair shall be designated by the Town Board. The Chair shall
perform all duties required by law, ordinance and these rules. The
term of office will be one year starting in January. He or she shall
preside at all meetings of the Board. The Chair will decide on all
points of order, subject to these rules, unless directed otherwise
by a majority of the Board. The Chair's signature shall be the official
signature of the Board and shall appear on all decisions as directed
by the Board.
(3)
The Vice Chair shall be appointed by the Town Board to serve in the
absence of the Chair. He or she shall have all the powers of the Chair
during his absence, disability or disqualification. The term of office
will be one year starting in January.
(4)
The Secretary will be appointed by the Town Board and need not be
a member of the Board. The Secretary, subject to the direction of
the Board and the Chair, shall keep minutes of all Board proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall also keep records
of all Board examinations and other official actions. The term of
the appointment is at the pleasure of the Town Board subject to the
prevailing regulations of Ulster County Personnel Department, Civil
Service Unit, and any union contractual agreements.
(5)
Should a vacancy occur on the Planning Board for any reason, the
Secretary shall give immediate notice thereof to the Town Clerk for
the Town Board, specifying the position vacated.
(6)
The Town Board may fill the vacancy at any regularly scheduled meeting
of the Town Board.
F.
Meetings.
(1)
All meetings of the Board will be held monthly pursuant to an established
schedule or at the call of the Chair or within 10 days of receipt
of a written request from a majority of the Board.
(3)
After approval, minutes of all meetings will be filed with the Town
Clerk.
(4)
Quorum and decisions.
(a)
A quorum shall consist of a majority of the Board.
(b)
No public hearing or meeting of the Board shall be held, nor
any action taken, in the absence of a quorum. This pertains to all
public hearings and meetings. All subsequent public hearings shall
be readvertised in accordance with the requirements of the applicable
law. Readvertising expenses incurred due to the lack of a quorum will
be borne by the Board.
(c)
All matters shall be decided by a roll-call vote.
(d)
No member of the Board shall sit in hearing or vote on any matter
in which he is personally or financially interested. Said member shall
not be counted by the Board in establishing the quorum for such matter.
(e)
No member shall vote on the determination of any matter requiring
public hearing unless he attended the public hearing thereon or has
familiarized himself with such matter by reading the record.
G.
Compliance with General Municipal Law §§ 239-m, 239-n
and 239-nn shall be required.
A.
Organization. There shall be a Zoning Board of Appeals pursuant to
the provisions of § 267 of the Town Law. The five-member
Zoning Board of Appeals may continue to act as a duly constituted
Zoning Board of Appeals until the Town Board, by resolution, reduces
such membership to three.
B.
Powers and duties generally. The Zoning Board of Appeals shall have
all the powers and duties as provided in § 267-b of the
Town Law.
C.
Alternate members. The Town Board may establish two alternate Zoning
Board of Appeals member positions for purposes of substituting for
a member in the event such member is unable to participate because
of a conflict of interest, as provided § 267 of the Town
Law, or in the event that a quorum of the regular members of the Zoning
Board of Appeals is not met and such alternative member(s) are needed
to establish a quorum for the conduct of business. Alternate members
of the Zoning Board of Appeals shall be appointed by resolution of
the Town Board, for terms established by the Town Board.
(1)
The Chair of the Zoning Board of Appeals may designate an alternative
member to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board or due to absence. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board.
(2)
All provisions of this section and of § 267 of the Town
Law relating to Zoning Board of Appeals member training and continuing
education, attendance, conflict of interest, compensation, eligibility,
vacancy in office, removal, and service to other boards shall also
apply to alternative members.
D.
Training. The Town Board maintains standards for training of Zoning
Board of Appeals members in accordance with the provisions of § 267,
Subdivision 7-a, of the Town Law.
E.
Appeal and application procedures. All appeals and applications to
the Zoning Board of Appeals shall be taken in the manner and within
such time prescribed by law. All such appeals and applications shall
be in writing, on forms prescribed by the Board, and each appeal or
application shall fully set forth the circumstances of the case. Every
appeal or application shall refer to the specific provision of this
chapter and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the adjustment that is applied for
and the grounds for which it is claimed that the same should be granted.
Every decision of the Zoning Board of Appeals shall be recorded in
accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and the findings on which
the decision was based.
F.
Fees. Each application to the Zoning Board of Appeals must be accompanied
by a fee established by the Town Board.
G.
Notices of hearings.
(1)
Notice of hearing. Notice of any hearing before the Zoning Board
of Appeals shall be published in a newspaper circulating within the
Town of Lloyd, as provided for in the Town Law and specified in the
rules of procedure of the Zoning Board of Appeals.
(2)
Referral to Planning Board. At least five days before the date of
the hearing required by law on an application or appeal to the Zoning
Board of Appeals, the Secretary of the Zoning Board of Appeals shall
transmit to the Secretary of the Planning Board a copy of said application
or appeal, together with a copy of the notice of the aforesaid hearing,
and the Planning Board may, prior to the date of said hearing, submit
to the Zoning Board of Appeals an advisory opinion on said application
or appeal.
H.
Action of Board of Appeals.
(1)
Every decision of the Zoning Board of Appeals shall be by resolution,
shall be recorded in accordance with standard forms adopted by the
Board and shall fully set forth the circumstances of the case and
the findings on which the decision was based. Timely notice of all
decisions shall be given to all parties of the proceedings.
(2)
The Board shall file a copy of each such resolution in the office
of the Town Clerk, together with all supporting documents, and a copy
with the Planning Board and the Code Enforcement Officer. The Zoning
Board of Appeals shall report to the Town Board periodically, at intervals
of not greater than three months, summarizing all applications and
appeals made to it since its last previous report and summarizing
its decisions on such applications and appeals. A copy of such report
shall be filed with the Planning Board and the Code Enforcement Officer
at the same time that it is filed with the Town Board.
I.
Application to court for relief from decisions. Any person or persons
jointly or severally aggrieved by any decision of the Zoning Board
of Appeals may apply to the Supreme Court for relief in the manner
provided for by law.
J.
Officers.
(1)
The officers of the Board are the Chair and Vice Chair and Secretary,
if said Secretary is a member of the Board.
(2)
The Chair shall be designated by the Town Board. He or she shall
perform all duties required by law, ordinance and these rules. The
term of office will be one year starting in January. The Chair shall
preside at all meetings of the Board. He or she will decide on all
points of order, subject to these rules, unless directed otherwise
by a majority of the Board. The Chair's signature shall be the official
signature of the Board and shall appear on all decisions as directed
by the Board.
(3)
The Vice Chair shall be appointed by the Town Board to serve in the
absence of the Chair. He or she shall have all the powers of the Chair
during his or her absence, disability or disqualification. The term
of office will be one year starting in January.
(4)
The Secretary will be appointed by the Town Board and need not be
a member of the Board. The Secretary, subject to the direction of
the Board and the Chair, shall keep minutes of all Board proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall also keep records
of all Board examinations and other official actions. The term of
the appointment is at the pleasure of the Town Board subject to the
prevailing regulations of Ulster County Personnel Department, Civil
Service Unit, and any union contractual agreements.
(5)
Should a vacancy occur on the Zoning Board for any reason, the Secretary
shall give immediate notice thereof to the Town Clerk for the Town
Board, specifying the position vacated.
(6)
The Town Board may fill the vacancy at any regularly scheduled meeting
of the Town Board.
K.
Meetings.
(1)
All meetings of the Board will be held monthly pursuant to an established
schedule or at the call of the Chair or within 10 days of receipt
of a written request from a majority of the Board.
(3)
After approval, minutes of all meetings will be filed with the Town
Clerk.
(4)
Quorum and decisions.
(a)
A quorum shall consist of a majority of the Board.
(b)
No public hearing or meeting of the Board shall be held, nor
any action taken, in the absence of a quorum. This pertains to all
public hearings and meetings. All subsequent public hearings shall
be readvertised in accordance with the requirements of the applicable
law. Readvertising expenses incurred due to the lack of a quorum will
be borne by the Board.
(c)
All matters shall be decided by a roll-call vote.
(d)
No member of the Board shall sit in hearing or vote on any matter
in which he is personally or financially interested. Said member shall
not be counted by the Board in establishing the quorum for such matter.
(e)
No member shall vote on the determination of any matter requiring
public hearing unless he attended the public hearing thereon or has
familiarized himself with such matter by reading the record.
L.
Compliance with General Municipal Law §§ 239-m, 239-n
and 239-nn shall be required.
A.
In connection with any application for a special use permit, site
plan or subdivision approval, zoning amendment, variance, or other
appeal, the reviewing board may require an applicant to deposit an
initial sum of money into an escrow account in advance of the review
of the application.
(1)
Said sum shall be based on the estimated cost to the Town of reviewing
the particular type of application before it. The reviewing board
may consider the professional review expenses incurred by neighboring
municipalities in reviewing similar applications. The reviewing board
may also consider the Town's survey of professional review expenses
in determining the initial sum of money to be deposited in an escrow
account by an applicant.
(2)
Use of funds.
(a)
Said sum of money shall be used to cover the reasonable and
necessary costs of reviewing an application. Costs may include staff
costs or consultant fees for planning, engineering, legal, and other
professional and technical services required for the proper and thorough
review of an application. The reviews governed by this section shall
include all environmental review pursuant to law, including review
of the proposed action under SEQR.
(b)
The review expenses provided for herein are in addition to application
or administrative fees required pursuant to other sections of the
Lloyd Town Code. Monies deposited by applicants pursuant to this section
shall not be used to offset the Town's general expenses of professional
services for the several boards of the Town or its general administrative
expenses.
(c)
Fees charged strictly as a result of SEQR review shall in no
event exceed the maximum amounts that can be charged pursuant to the
SEQR regulations by the lead agency.
B.
Upon receipt of monies requested for an escrow account, the Town
Supervisor shall cause such monies to be placed in a separate non-interest-bearing
account in the name of the Town and shall keep a separate record of
all such monies deposited and the name of the applicant and project
for which such sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized vouchers
from consultants for services rendered on behalf of the Town regarding
a particular application, the Town Supervisor shall cause such vouchers
to be paid out of the monies so deposited and shall debit the separate
record of such account accordingly.
D.
Review of vouchers; payment.
(1)
The Town Board shall review and audit all such vouchers and shall
approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications. In auditing the vouchers,
the Town Board may take into consideration the size, type and number
of buildings to be constructed, the topography of the site at issue,
environmental conditions at such site, the infrastructure proposed
in the application and any special conditions the Town Board may deem
relevant. A charge or part thereof is necessarily incurred if it was
charged by the consultant for a service which was rendered in order
to protect or promote the health, safety or other vital interests
of the residents of the Town and protect public or private property
from damage.
(2)
In no event shall an applicant make direct payment to any Town consultant.
E.
If at any time during the processing of an application there shall
be insufficient monies on hand to the credit of an applicant to pay
the approved vouchers in full, or if it shall reasonably appear to
the reviewing board that such monies shall be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the board deems necessary
or advisable in order to meet such expenses or anticipated expenses.
F.
In the event that the applicant fails to deposit the requested review
fees into an escrow account, any application review, approval, permit
or certificates of occupancy may be withheld or suspended by the reviewing
board, officer or employee of the Town until such monies are deposited.
G.
Upon completion of the review of an application, and after all fees
already incurred by the Town have been paid and deducted from the
escrow account, any balance remaining in the escrow account shall
be refunded within 60 days after the applicant's request.
