No land use activity as listed below shall be carried out until
a development permit has been issued by the enforcement officer stating
that the proposed building, structure, use of land, or development
activity complies with the requirements of this chapter:
A. Erection, re-erection or movement of a building or structure;
B. Change of the exterior structural dimensions of a building or structure;
C. Change in use of land, buildings or structures through the establishment
of a new use, or through the expansion or enlargement of an existing
use;
D. The resumption of any use which has been discontinued for a period
of 12 months or longer;
E. Establishment or change in dimensions of a parking area for nonresidential
or multifamily residential uses;
F. Change in the contours of land.
G. Construction of a septic system, wastewater source, or outhouse for
a new use.
H. Installation of outdoor furnaces.
[Added 5-18-2005 by L.L. No. 3-2005; amended 8-21-2013 by L.L. No. 2-2013]
I. Demolition of buildings or structures.
[Added 5-20-2015 by L.L.
No. 2-2015]
A development permit shall not be required for the following
development activities and shall be exempt from the provisions of
this chapter.
A. Accessory structures with less than 150 square feet of ground coverage,
unless over 15 feet in height;
B. Alterations of less than 150 square feet of ground coverage;
C. Fences or walls complying with §
240-19 of this chapter;
D. Interior structural alterations or routine maintenance and improvement
that does not expand the exterior dimensions of the structure (e.g.,
roofing, window replacement, siding replacement, etc.);
E. Minor accessory structures such as posts, sidewalks, driveways, flagpoles,
playground equipment, etc.;
F. Family day-care and group family day-care homes;
G. Agricultural uses, commercial logging, conservation practices, and
passive recreation uses;
H. Replacement or improvement of a septic system, wastewater source or outhouse for a preexisting use. Facilities for new uses requires a development permit as indicated in §
240-76G;
Temporary development permits may be issued upon approval of
the Planning Board for a period not to exceed 12 months for temporary
uses and structures incidental to a construction project. Such temporary
development permit shall be conditioned upon agreement by the applicant
to remove any nonconforming uses or structures upon expiration of
the permit. The Planning Board may place such appropriate conditions
on the use so as to protect the character of the surrounding area.
A temporary development permit may be extended by the Planning Board,
for such length of time as may be deemed appropriate, where the applicant
has shown suitable progress toward the completion of construction.
A fee as determined by Town Board resolution shall be paid for
each application for a development permit or special use permit. No
permit shall be issued until full payment has been received by the
Town Clerk.
No use or structure requiring a development permit shall be
occupied, used, or changed in use until a certificate of compliance
has been issued by the enforcement officer stating that the use or
structure complies with the provisions of this chapter. All certificates
of compliance shall be applied for coincidentally with the application
for a development permit and shall be issued within five days after
the use has been approved as complying with the provisions of this
chapter.
A temporary certificate of compliance for not more than 60 days
for a part of a building or lot may be issued upon approval of the
Planning Board. Such temporary certificate may be renewed upon request
for an additional 30 days.
This chapter shall be enforced by the enforcement officer, who
shall be appointed by the Town Board. The duties of the enforcement
officer shall be to:
A. Approve and disapprove development permits and certificates of compliance;
B. Scale and interpret district boundaries on the development map;
C. Refer appropriate matters to the Board of Appeals, Planning Board,
or Town Board;
D. Revoke development permits or certificates of compliance where there
is false, misleading or insufficient information or where the applicant
has varied from the terms of the application;
E. Investigate violations, issue stop-work orders and appearance tickets,
and refer violations to the Town Justice or the Town Board;
F. Report at regular Town Board meetings the number of development permits
and certificates of compliance issued.
[Amended 11-20-2012 by L.L. No. 4-2012]
The Planning Board shall have the powers and duties to approve
special use permits and temporary permits. All applications made shall
be made in writing on forms prescribed by the Town. Every decision
of the Planning Board shall be made by resolution which shall contain
a full record of findings in the case. The Town Board is authorized
by § 271, Subdivision 15, of the Town Law to appoint up
to two alternate members of the Planning Board to fill in for other
members of the Planning Board if they are unable to participate in
matters due to illness, absence or conflict of interest. The Town
Board may appoint up to two alternate members of the Planning Board
for these purposes. The term for each such alternate shall be two
years.