Article IX Administration

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.

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.

Nature of permits.

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.

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.

Certificates of occupancy.

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.

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.

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.

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.

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.

Fee schedule.

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.

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.

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.

Penalties.

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.

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.

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.

Cumulative penalties. The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

§ 100-55 Planning Board.

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.

Powers and duties generally. The Planning Board shall have all the powers and duties prescribed by law.

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.

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.

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.

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.

Officers.

The officers of the Board are the Chair and Vice Chair and Secretary, if said Secretary is a member of the Board.

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.

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.

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.

Meetings.

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.

The order of business at regular meetings shall be as follows:

Roll call.

Reading and approving minutes of the preceding meeting.

Public hearings.

Other business.

Adjournment.

After approval, minutes of all meetings will be filed with the Town Clerk.

Quorum and decisions.

A quorum shall consist of a majority of the Board.

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.

Compliance with General Municipal Law §§ 239-m, 239-n and 239-nn shall be required.

§ 100-56 Zoning Board of Appeals.

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.

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.

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.

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.

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.

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.

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.

Fees. Each application to the Zoning Board of Appeals must be accompanied by a fee established by the Town Board.

Notices of hearings.

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.

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.

Action of Board of Appeals.

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.

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.

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.

Officers.

The officers of the Board are the Chair and Vice Chair and Secretary, if said Secretary is a member of the Board.

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.

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.

(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.

Meetings.

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.

The order of business at regular meetings shall be as follows:

Roll call.

Reading and approving minutes of the preceding meeting.

Public hearings.

Other business.

Adjournment.

After approval, minutes of all meetings will be filed with the Town Clerk.

Quorum and decisions.

A quorum shall consist of a majority of the Board.

§ 100-57 Escrow deposits and payment of consultants' fees.

(c)

All matters shall be decided by a roll-call vote.

(d)

(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.

Compliance with General Municipal Law §§ 239-m, 239-n and 239-nn shall be required.

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.

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.

Use of funds.

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.

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.

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.

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.

Review of vouchers; payment.

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.