Town of Kent, NY Article III Enforcement and Penalties; Interpretation; Severability

§ 57-27 Enforcement; stop-work orders; penalties for offenses.

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, or use a road or driveway in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Highway Superintendent or Code Enforcement Officer, or to construct, alter or use any road or part thereof in a manner not permitted by an approved road plan, or to construct, alter or use any driveway or part thereof in a manner not permitted by an approved driveway permit.

B. Any deviation from an approved road or driveway plan, unless previously approved by the Planning Board shall be a violation of this chapter.

C. Whenever the Code Enforcement Officer, on his own volition or at the behest of the Highway Superintendent or Building Inspector or any other individual, has reasonable grounds to believe that work is being performed in violation of this chapter; or without an approved road or driveway permit plan required by this chapter; or under a road plan or driveway permit that has become invalid, has expired, or has been suspended or revoked; or not in conformity with the provisions of the application, plans or specifications on the basis of which a road plan was approved or driveway permit was issued; or in an unsafe and dangerous manner, the Code Enforcement Officer shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all construction activities until the stop-work order has been rescinded.

(1) A stop-work order shall be in writing, shall state the reasons for its issuance, and shall state the conditions under which the work may be resumed and state that compliance shall be achieved within a specified period of time.

(2) A stop-work order shall be served upon a person to whom it is directed either by delivering it personally to him or her or by posting the same upon a conspicuous portion of the area under construction and sending a copy of the same by first-class mail, certified return receipt. In the case of work for which a permit has been issued, the Code Enforcement Officer shall also send a copy of the stop-work order to the address listed by the applicant and to the landowner of record, as the case may be, if either or both are different from the person named in the stop-work order, by first-class mail, certified return receipt, and by regular first-class mail. In the case of work for which no permit has been issued, a copy of the order shall be mailed by first-class mail, certified return receipt, and by regular first-class mail, to the person listed as owner of the property according to the latest roll maintained by the Town Assessor's office. The Code Enforcement Officer shall be permitted, but not required, to cause a copy of the stop-work order to be served on any builder, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by first-class mail, certified return receipt; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

(3) Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.

(4) A stop-work order shall state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

D. Any violation of this chapter shall be an offense punishable by a fine of not more than $500 or 15 days in jail, or both. Each day that an offense continues shall be deemed to constitute a separate offense.

E. Except as provided otherwise by law, an offense under this section shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

F. The Code Enforcement Officer shall have the authority to issue appearance tickets, under Article 150 of the Criminal Procedure Law of this state, for purposes of enforcement of this chapter.

G. No remedy or penalty specified in this chapter shall be the exclusive remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in any other section of this chapter or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this chapter or in any other applicable law.

H. Notwithstanding the penalties herein provided, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.

§ 57-28 Interpretation of provisions.

A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare.

B. Final decision as to the interpretation of any part of this chapter shall rest with the Town Board of the Town of Kent.

§ 57-29 Variances.

A. In general, the purpose of the road and driveway specifications in this chapter is to provide guidance in the design and construction of safe new roads and driveways and the improvement of existing roads and driveways, all in accordance with generally recognized engineering standards and design principles.

B. If an applicant wishes to propose an alternative road or driveway design, an application for a variance from the specifications in this chapter shall be made to the Planning Board. Said applicant shall provide, with the application, properly prepared plans with calculations and references to generally recognized engineering standards and design principles, which shall be certified by a New York State licensed professional engineer. The application shall be accompanied by an application fee in an amount set by the Town Board for such application. Additionally, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.

C. The Planning Board, after consultation with the Highway Superintendent and the Planning Board Engineer, shall have the authority to waive or to modify the requirements of these specifications when, in its opinion, all of the following conditions are applicable:

(1) Unique or peculiar conditions make it impracticable to follow the strict letter of these specifications without causing significant hardship to the property owner;

(2) Issuing the waiver or modification will not establish a precedent which tends to encourage efforts to avoid the standards established in this chapter;

(3) The waiver or modification is not contrary to interests of public health, safety and welfare; and

(4) The Planning Board shall balance the interests of the public against those of the applicant, and the Planning Board must find that the detriment to be suffered by the public, if any, by the granting of the waiver or modification is not greater than the benefit to the applicant in granting the waiver or modification.

§ 57-30 Severability.

In the event that any part or parts of this chapter or of any law, ordinance or regulations which may govern or otherwise affect them is, for any reason, modified or invalidated, the other portions of this chapter not affected thereby shall remain in full force and effect.