Town of Kendall, NY Article III Permits and Procedures

§ 265-10 Permits required.

No use or structure shall be established, erected nor land developed until a permit has been issued by the Zoning Enforcement Officer, who shall issue such permits in accordance with regulations in the ordinance. Permit applications shall be filed with the Town Clerk.

§ 265-11 Preapplication conference with Planning Board.

Preapplication conferences with the Town's Planning Board are encouraged for all applications seeking permits for nonresidential uses or nonfarm uses.

§ 265-12 Application procedure and required information.

A. Application. Application must be made with the Town Clerk on forms approved by the Town Board, and be made available at the Office of the Town Clerk or Zoning Enforcement Officer. For proposed actions that are located within the Town's Local Waterfront Revitalization Program (LWRP) area, applications for permits shall be reviewed by the Planning Board in accordance with the approved LWRP, and any amendments thereto, to insure unified development, enhance water-related uses, preserve public access to the waterfront, and promote the overall improvement of the waterfront and its attractiveness. The Planning Board shall recommend approval, approval with conditions, or denial of the application to the Town Board, which shall have final approval authority. A certificate of consistency with the LWRP will be issued by the Town Board prior to the issuance of a permit.

B. Information. All information on the application form must be completed. In addition, the following information is also required to constitute a complete application:

(1) Map. Two copies of a property map shall be submitted with all applications. The map shall be either a:

(a) Sketch map. A sketch map is required with all applications for one or two-family dwellings, their customary accessory uses, or farm use. The sketch map shall be drawn to scale and show the dimensions and location of the lot, exact size and location of all existing and proposed buildings on the lot, proposed location of water and sewage disposal systems, parking areas and driveway location, natural watercourses, ponds, surface drainage patterns and location of existing or proposed easements.

(b) Site plan. A site plan is required with applications for all other uses, including application for residential uses in a Historic Zone. The requirements and procedure for site plan approval are in Article X.

(2) Coastal assessment form required. No permit shall be issued in the Local Waterfront Revitalization Program (LWRP) area unless the application is accompanied by a completed Coastal Assessment Form (CAF). Such form shall be reviewed by the Planning Board and certified as consistent with the Local Waterfront Revitalization Program prior to issuance of a zoning permit.

C. Approval of water and sewage disposal systems. Evidence of approval of the water supply and the sewage disposal system plans by the Orleans County Health Department, or its agent, must be submitted at the time of application. Applications lacking such information shall not be accepted.

D. Evidence of property ownership or intent to purchase. Copies of deeds, titles, purchase agreements, or other proof of ownership or intent to purchase must be attached to an application before it will be accepted.

E. Licenses. Any use currently licensed by federal, state, county or Town agencies and already operating within the Town shall present evidence or currently valid licenses before any expansion permits are considered.

F. Fee. The appropriate nonrefundable fee established by the Town Board in its fee structure shall be collected at the time of application. This fee structure shall be filed and posted at the Office of the Town Clerk.

G. Wind energy systems. Applicants for wind energy systems shall submit all additional information as required to complete a wind energy application per § 265-72.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 265-13 Building permit types.

Under the terms of this chapter, the following types of building permits may be issued:

A. Permitted use. A building permit for a permitted use may be issued by the Zoning Enforcement Officer on his own authority.

B. Special permit uses and/or site plan approval. A building permit for a special permit use may be issued by the Zoning Enforcement Officer after special permit or site plan approval from the Planning Board.

C. Building permit after an appeal or request for variance. A building permit may be issued by the Zoning Enforcement Officer upon order of the Zoning Board of Appeals after a public hearing as more fully described in Article VIII.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 265-14 Building permit granted.

When all requirements of this chapter have been met, the Zoning Enforcement Officer shall issue a building permit and return one approved copy of the map no later than 15 days after approval. The Zoning Enforcement Officer shall file one copy of the approved permit in the Town Clerk's office.

§ 265-15 Termination of permit.

Any building permit, or conditional use permit, for which construction or use has not commenced one year after issuance, shall be automatically revoked.

§ 265-16 Certificate of conformity.

The applicant shall notify the Town Clerk when the structure or use is ready for final inspection. The Zoning Enforcement Officer shall then make a final inspection. If satisfied that the regulations pertaining to the project have been complied with and that the project has been completed as specified on the approved application, the Zoning Enforcement Officer shall issue a certificate of conformity with the zoning laws, granting permission to occupy or use the structure.

§ 265-17 Stop-work order.

A stop-work order shall be issued if and when the Zoning Enforcement Officer discovers a project commencing without the required permits.