A.
General sequence of steps. All persons desiring to undertake any
new construction, structural alteration, or changes in the use of
a building or lot shall apply to the Code Enforcement Officer for
a permit by filling out the appropriate application form and by submitting
the required fee. The Code Enforcement Officer will then either issue
or refuse the permit or refer the application to the Zoning Board
of Appeals. After the zoning permit has been received by the applicant,
he may proceed to undertake the action permitted in the zoning permit
and, upon completion of such action, shall apply to the Code Enforcement
Officer for a certificate of occupancy allowing the premises to be
occupied.
B.
Zoning permit types. Under the terms of this chapter, the following
classes of zoning permits may be issued:
(1)
Permitted use. A zoning permit for a permitted use may be issued
by the Code Enforcement Officer of his own authority.
(2)
Special uses. A zoning permit for a special use may be issued by
the Code Enforcement Officer upon the order of the Planning Board
after a public hearing held by the Planning Board for the purpose
of deciding upon the request.
(3)
Zoning permit after an appeal or a request for a variance. A zoning
permit may be issued by the Code Enforcement Officer upon the order
of the Zoning Board of Appeals and after a public hearing held by
the Board of Appeals for the purpose of deciding upon the appeal or
a request for a variance.
A.
This chapter shall be enforced by the Code Enforcement Officer who
shall be appointed by the Town Board. The Code Enforcement Officer,
appointed by the Town Board is the enforcement officer of the New
York State Uniform Fire Prevention and Building Construction Code.
No permit or certificates of occupancy shall be issued by them except
where all the provisions of this chapter have been complied with.
(1)
General. No building, structure, barrier fence or sign shall be erected,
added to, or structurally altered until a permit therefor has been
issued by the Code Enforcement Officer. Except upon a written order
of the Board of Appeals, no such permit or certificate of occupancy
shall be issued for any building where said construction, addition,
or alteration or use thereof would be in violation of any of the provisions
of this chapter.
(2)
Information
necessary for application.
(a)
There shall be submitted with all applications for zoning permits
two copies of a layout or plot plan drawn to scale showing the actual
dimensions of the lot to be built upon, the exact size and location
on the lot of the building and accessory buildings to be erected and
such other information as may be necessary to determine and provide
for the enforcement of this chapter.
(b)
Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 140-22. Application for a development permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(3)
Public record. One copy of such layout or plot plan shall be returned,
when approved by the Code Enforcement Officer, together with such
permit to the applicant. The second copy with a copy of each application
with accompanying plan shall become a public record after a permit
is issued or denied.
(4)
Water supply and sewage disposal. All water supply and sewage disposal
installations shall conform with the New York State Department of
Health and the local County Health Department regulations. No plot
plan shall be approved by the Code Enforcement Officer in any area
unless such conformity is certified on the plan. Drainage affecting
adjacent properties shall be considered by the Code Enforcement Officer
before issuing a permit, including possible runoffs to said properties.
(5)
Issuance of permits. It shall be the duty of the Code Enforcement
Officer to issue a permit, provided he is satisfied that all requirements
of this chapter are satisfied, and that all other reviews and actions,
if any, called for in this chapter have been complied with and all
necessary approvals secured thereof approvals secured therefor.
(6)
Denial of permits. When the Code Enforcement Officer is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a permit, and the applicant
may appeal to the Board of Appeals for a reversal of the Code Enforcement
Officer's decision.
(7)
Expiration of permit. A permit shall expire after one year if the
applicant fails to implement his application as filed with the Code
Enforcement Officer. "Implement" shall be defined as the time when
construction begins.
(8)
Revocation of permits. If it shall appear, at any time, to the Code
Enforcement Officer that the application or accompanying plot is in
any material respect false or misleading, or that work is being done
upon the premises differing materially from that called for in the
application filed with him under existing laws or ordinances, he may
forthwith revoke the permit, whereupon it shall be the duty of the
person holding the same to surrender it and all copies thereof to
the said Code Enforcement Officer. After the permit has been revoked,
the Code Enforcement Officer, in his discretion, before issuing the
new permit, require the applicant to file an indemnity bond in the
favor of the Town with sufficient surety conditioned for compliance
with this chapter and all building laws and ordinances then in force
and in a sum sufficient to cover the cost of removing the building
if it does not so comply.
B.
Certificate of occupancy.
(1)
General. No land shall be occupied or used and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the Code Enforcement
Officer, stating that the buildings or proposed use thereof complies
with the provisions of this chapter.
(2)
Application for certificate of occupancy. All certificates of occupancy
shall be applied for coincident with the application for a permit.
Said certificate shall be issued within 10 days after the erection
or alteration shall have been approved as complying with provisions
of this chapter.
(3)
Record. 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 property affected.
A.
Complaints of violations. Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Code Enforcement Officer
who shall properly record such complaint and immediately investigate
and report thereon to the governing body.
B.
Procedure for abatement of violations.
(1)
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained, or any building structure or land
is used in violation of this chapter, notification of the violation
will be issued in writing by the Code Enforcement Officer and compliance
with this chapter must be met within the specified period of time.
(2)
After the specified number of days, the Town Board, or with its approval
the Code Enforcement Officer, or any other proper person, authority
or official, may commence an action to enforce this chapter.
C.
Penalties. No structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to punishment in accordance with § 268 of the Town Law, or any amendments thereto. Each week of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Code Enforcement Officer from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 140-36 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
D.
The provisions of this article shall not limit the available procedures
for enforcement and remedies provided for under the Town Law of the
State of New York or any other law.
A.
Organization. The Town Board, Town of Little Valley, pursuant to
the provisions of the Town Law applicable thereto, shall appoint a
Planning Board consisting of five members. The terms of office shall
be five years, excepting that the five members first appointed shall
serve for terms of one, two, three, four and five years. Such Planning
Board shall, subject to the provisions of Town Law, determine its
own rules of procedure. The members of the Planning Board shall be
removable for cause by the appointing authority upon written charges
and after a public hearing. Vacancies shall be filled in the same
manner as the original for the unexpired term of any member whose
term becomes vacant. No member of the Planning Board shall hold an
elective office in the Town government.[1]
B.
Powers and duties. With due consideration for the purpose and intention
of this chapter, the Planning Board shall:
(1)
Hold public hearings and approve or disapprove each application for
a special use received in compliance with provisions of this chapter.
(2)
Review referrals on planned unit development from the Town Board in accordance with the criteria established in § 140-15.
(3)
Those aggrieved by the decision of the Planning Board concerning
special use requirements may appeal such decision to the Zoning Board
of Appeals.
C.
The Planning Board shall conduct a public hearing within 62 days
from the day an application is received for the special use and give
public notice thereof by publication in the official newspaper of
a notice of such hearing at least five days prior to the date thereof.
The Planning Board shall decide each special use request within 62
days after final hearing.[2]
D.
Special use permit. The Planning Board may issue a special use permit
for any of the special uses listed in this chapter, provided such
special use complies with the general standards set forth in this
section and with the special requirements enumerated elsewhere herein.
Application for special use permits shall be made to the Planning
Board through the Code Enforcement Officer and shall be accompanied
by an application for the necessary permit, and such preliminary plans
and lot layouts as the Code Enforcement Officer may deem necessary.[3]
E.
General standards.
(1)
A special use permit shall only be granted when the proposed use
is of such character, size and location that in general it will be
in harmony with the orderly development of the area in which the property
is situated and will not be detrimental to the orderly development
of adjacent areas.
(2)
A permit for a special use in a residential district shall only be
granted when the special use will not impair the use, enjoyment and
value of adjacent residential properties and that any vehicular traffic
generated therewith will not be hazardous or otherwise detrimental
to the prevailing residential character of the neighborhood.
(3)
Upon finding that such general standards and the special standards
set forth herein have been fully met, the Planning Board may issue
such special use permit and in so doing may impose any conditions
that it may deem necessary to accomplish the reasonable application
of said standards. Furthermore, it may deny any such application which
in its judgement is not in accordance with said general or special
standards. Said Board may require, as a condition of the issuance
of any special use permit, that it shall be periodically renewed,
or said Board may issue a temporary special use permit subject to
adequate guarantees that the use covered will be terminated at the
end of the period specified or such extension thereof as may be granted
by said Board, provided that any such renewal or extension shall be
subject to the same procedure as specified herein for the original
issuance of the special use permit involved and shall be in conformity
with aforesaid general and special standards.
A.
Organization. The Town Board, Town of Little Valley, pursuant to
the provisions of the Town Law applicable thereto, shall appoint a
Board of Appeals consisting of five members. The terms of office shall
be five years, excepting that the five members first appointed shall
serve for terms of one, two, three, four, and five years. Such Board
of Appeals, subject to the provisions of Town Law, shall determine
its own rules of procedure. The members of the Board of Appeals shall
be removable for cause by appointing authority upon written charges
after public hearing. Vacancies shall be filled in the same manner
as the original for the unexpired term of any member whose term becomes
vacant. No member of the Board of Appeals shall hold an elective office
in the Town government.
B.
Powers and duties. With due consideration for the purpose and intent
of the Land Use Control Ordinance, the Board of Appeals shall:
(2)
Hear and decide all matters referred to it, or upon which it is required
to pass under this chapter.
(3)
Decide any question involving the interpretation of any provision
of this chapter, including determination of the exact location of
any district boundary if there is uncertainty with respect thereto.
(4)
Hear and pass upon applications for variations when a property owner
or his agent shows that a strict application of the terms of this
chapter relating to the use, construction or alteration of buildings
or structures, or the use of land imposes upon him a particular hardship
which is unique to the premises in the same district.
(5)
Hear and determine appeals concerning Planning Board's decisions
concerning special use requirements.
(6)
Those aggrieved by the decision of the Board of Appeals may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
C.
Variances. The Board of Appeals may issue a variance for any use
of structure or area in the Town of Little Valley, provided such variance
complies with the general standards set forth in this section and
with the special requirements enumerated elsewhere herein. Application
for variances shall be made to the Board of Appeals through the Code
Enforcement Officer and shall be accompanied by all material needed
to verify the claim.[2]
(1)
General standards. Each case must be determined on its own merit.
Among the criteria for determining whether practical difficulties
and unnecessary hardship exist are:
(a)
The property owner can secure no reasonable return from, or
make no reasonable use of his property, due to the provisions of this
chapter.
(b)
Hardship results from the application of this chapter to some
property.
(c)
Hardship is not the result of one's own actions.
(d)
Hardship is suffered merely by one property directly and not
by the others.
(e)
The hardship is peculiar only to the property of the applicant.
(f)
The authorization of the variance will not alter the essential
character of the locality.
(2)
Criteria for establishing practical difficulties includes, but is
not limited to:
(a)
How substantial the variation is in relation to the requirement.
(b)
The effect of any increased population density on available
government facilities.
(c)
Whether a substantial change will be produced in the character
of the neighborhood or substantial detriment to adjoining properties
created.
(d)
Whether the difficulty can be eliminated by some other method
feasible for the applicant to pursue.
(e)
Considering all factors, the interest of justice will be served.
(3)
In addition to the above criteria, variances in the F-F and F-W require
the following criteria:
(a)
The danger that materials may be swept on to other lands to
the injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(k)
The expected heights, velocity duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(l)
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical and water systems and streets and bridges;
(m)
Upon consideration of the factors of § 140-36C and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapters;
(n)
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
(4)
Additional conditions for variances include:
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one acre in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 140-36C(3)(a) through (l) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Any applicant to whom a variance is granted for a building with
the lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
D.
The Board of Appeals shall act in strict accordance with the procedure
specified by law and by this chapter. All appeals and applications
made to the Board shall be, in writing, on forms prescribed by the
Board of Appeals. Every appeal or application shall refer to the specific
provision of this chapter involved, and shall exactly set forth the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance that is applied for and
the grounds on which it is claimed that the variance should be granted
as the case may be. Every decision of the Board shall be by resolution,
each of which shall contain a full record of the findings of the Board
in the particular case.
E.
Votes necessary for a decision. The concurring vote of three of the
members of the Board shall be necessary to reverse any order, requirement,
decision or determination of the Code Enforcement Officer or to decide
in favor of the appellant any matter upon which it is required to
pass under the terms of this chapter or to effect any variation of
this chapter.[3]
A.
Procedure for appellant.[1]
(1)
An appeal to the Zoning Board of Appeals from any ruling by the Code
Enforcement Officer may be taken by any person aggrieved. Such appeal
shall be taken to the Zoning Board of Appeals by filing with the Secretary
thereof a notice of appeal specifying the grounds therefor.
(2)
All applications and appeals made to the Board of Appeals shall be,
in writing, on forms prescribed by the Code Enforcement Officer. Every
application or appeal shall refer to the specific provision of this
chapter, and shall exactly set forth the interpretation that is claimed,
the details of the variance that is applied for, in addition to the
following information:
(a)
The name and address of the applicant, appellant.
(b)
The name and address of the owner of the district lot to be
affected by such proposed change or appeal.
(c)
A brief description and location of the district lot to be affected
by such proposed change or appeal.
(d)
A statement of the present zoning classification of the district
lot in question, the improvements thereon and the present use thereof.
(e)
A reasonable accurate description of the present improvements,
and the additions of changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be effected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
B.
Procedure for Code Enforcement Officer.[2]
(1)
The notice of appeal in any case where a permit has been granted
or denied by the Code Enforcement Officer shall be filed within 60
days after the filing of any order, requirement, decision, interpretation
or determination of the Code Enforcement Officer, by filing with such
Code Enforcement Officer and with the Board of Appeals a notice of
appeal, specifying the grounds thereof and the relief sought. The
Code Enforcement Officer shall forthwith transmit to the Zoning Board
of Appeals all papers constituting the record upon which the action
appealed from was taken, or in lieu thereof, certified copies of said
papers.
(2)
It shall be competent for the Code Enforcement Officer to recommend
to the Zoning Board of Appeals a modification or reversal of his action
in cases where he believes substantial justice requires the same but
where he has not himself sufficient authority to grant the relief
sought.
C.
Procedure for the Zoning Board of Appeals.
(1)
The Zoning Board of Appeals shall decide each appeal within 62 days
after a final hearing. Upon the hearing, any party may appear in person
or be represented by an agent or attorney. The Zoning Board of Appeals
decision shall be filed in the office of the Town Clerk within five
business days after the day such decision is rendered, and a copy
thereof mailed to the applicant. In the exercise of its functions
upon such appeals or upon exceptions, the Zoning Board of Appeals
may, in conformity with the provisions of this chapter, reverse or
affirm, wholly or partly, or modify the order, requirement, decision,
or determination appealed from or may make such order, requirement,
decision or determination in accordance with the provisions thereof.[3]
(2)
The Zoning Board of Appeals shall fix a reasonable time for a public
hearing of the appeal or other matter referred to it and give public
notice thereof by the publication in the official paper of a notice
of such hearing at least five days prior to the date thereof.
(a)
When appealing action of the Code Enforcement Officer. In case
of an appeal alleging error or misinterpretation in any order or other
action by the Code Enforcement Officer, the following persons shall
be notified: the appellant and the person or persons, if any, who
benefit from the order, requirement, regulation or determination.[4]
(b)
Adjournment of hearing. Upon the day for hearing any application
or appeal, the Zoning Board of Appeals may adjourn the hearing for
a reasonable period for the purpose of causing such further notice
as it deems proper to be served upon such other property owners as
it decides may be interested in said application or appeal.
(c)
Required interval for hearings on applications and appeals after
denial. Whenever the Board, after hearing all the evidence presented
upon an application or appeal under the provisions of this chapter,
denies the same, the Zoning Board of Appeals shall refuse to hold
further hearings on the said or substantially similar application
or appeal by the same applicant, his successor, or assign for a period
of one year, except and unless the Zoning Board of Appeals shall find
and determine from the information supplied by the request for a rehearing,
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity, and general
welfare, and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Board of Appeals and adopted by the unanimous vote of the members
present, but not less than a majority of all members.
(d)
Expiration of appeal decision. Unless otherwise specified by
the Zoning Board of Appeals, a decision on any appeal or request for
a variance shall expire if the applicant fails to obtain any necessary
zoning permit or comply with the conditions of said authorized permit
within six months from the date of authorization thereof.
(e)
Stay of proceedings. An appeal shall stay all proceedings in
furtherance of the action appealed from unless the Code Enforcement
Officer certifies for the Zoning Board of Appeals, after the notice
of appeal shall have been filed, that by reason of facts stated in
the certificate, they would, in his opinion, cause imminent peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Zoning Board of Appeals or by the Supreme Court on application, on
notice to the Code Enforcement Officer and on due cause shown.[5]
(f)
Appeal from decision of Zoning Board of Appeals. All decisions
of the Zoning Board of Appeals are subject to court review in accordance
with applicable laws of the State of New York.
A.
A fee, in accordance with the following schedule of amounts, shall
be chargeable and shall accompany each application for a permit. Such
fee shall be deemed to be application for permits under the Land Use
Control Ordinance for the Town of Little Valley and the State of New
York State Uniform Fire Prevention and Building Construction Code.
Such fee shall be paid into the general fund of the Town if the application
is approved or returned to the applicant if the application is denied.
The following fee structure shall be in effect and paid upon the construction
value of each unit:[1]
|
Construction Value
|
Fee
| |
|---|---|---|
|
$1 to $1,000
|
$15
| |
|
$1,000 to $20,000
|
$15 first $1,000
$3/$1,000 remaining
| |
|
$20,000+
|
$15 first $1,000
$3/$1,000 ($1,000 to $20,000)
$2/$1,000 remaining
|
