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;
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;
I.
Wells.
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.
Applications for development permits shall be submitted to the enforcement
officer or Town Clerk and shall include three copies of a layout or
plot plan showing the actual dimensions of the lot to be used; the
size and location on the lot of existing and proposed structures and
accessory structures; the setbacks of structures from all lot lines,
road center lines, mean high water lines of streams, ponds and wetlands,
and any other features of the lot; and such other information as may
be necessary to provide for the enforcement of this chapter. This
information, and other relevant application data, shall be provided
on forms issued by the Town Clerk.
B.
When establishing measurements to meet the required setbacks, the
measurements shall be taken from the lot line, road center line, or
nearest mean high water line to the furthermost protruding part of
the use or structure. This shall include such projecting facilities
as porches, carports, attached garages, etc.
C.
The enforcement officer shall take action to approve or disapprove
the application within 15 days of the receipt of a completed application
by the enforcement officer and the payment of all fees.
D.
A development permit shall expire one year from the date of issue
if construction is not substantially started or the use has not commenced.
Such permit may be renewed upon payment of all fees.
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.
A.
The Zoning Board of Appeals shall consist of five members as set
forth in § 267 of the Town Law, or in the alternative the
Town Board may enter into an agreement pursuant to Article 5-G of
the General Municipal Law and § 284 of the Town Law to establish
a cooperative Zoning Board of Appeals. In the event of a cooperative
Zoning Board of Appeals, membership shall be as per the contractual
agreement and may otherwise vary from provisions of § 267
of the Town Law as may be set forth in that agreement.
B.
The powers of the Zoning Board of Appeals shall be to interpret this
chapter and to grant area variances and use variance in accordance
with the standards set forth in § 267-b of the Town Law
and as may be otherwise provided by law.
C.
The procedure before the Zoning Board of Appeals shall be in accordance
with § 267-a of the Town Law except as may be specifically
modified by intermunicipal agreement should the Town elect to enter
into a cooperative Zoning Board of Appeals, in which event such procedures
shall be strictly governed by the intermunicipal agreement.
D.
This chapter specifically supersedes those provisions of § 267
of the Town Law requiring that there be three or five members of the
Board of Appeals, that the terms be staggered, that the Town Board
select the Chairman and the voting power of members of the Zoning
Board of Appeals in the event that the Town should enter into an intermunicipal
agreement pursuant to § 284 of the Town Law and Article
5-G of the General Municipal Law in which event the intermunicipal
agreement shall govern those factors. The Town Board is authorized
by § 267, Subdivision 11, of the Town Law to appoint up
to two alternate members of the Zoning Board of Appeals to fill in
for other members of the Zoning Board of Appeals 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 Zoning
Board of Appeals for these purposes.
[Amended 11-20-2012 by L.L. No. 4-2012]
[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.
A.
A copy of all development permits, temporary development permits,
certificates of compliance, notices of violation, and stop-work orders
shall be immediately filed in the office of the Town Clerk, upon issuance
by the enforcement officer.
B.
A copy of all decisions of the Board of Appeals shall be filed in
the office of the Town Clerk within five business days of the decision.
C.
A copy of all special use permit decisions of the Planning Board
shall be filed in the office of the Town Clerk within five business
days of the decision.
D.
All such records shall be available for the inspection of the public.
A.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints shall be in writing
and shall be filed with the enforcement officer, who shall properly
record and immediately investigate such complaint. If the complaint
is found to be valid, the enforcement officer shall issue a stop-work
order requiring all work to cease until the violation is corrected.
If the violation is not corrected within the specified time, the enforcement
officer shall take action to compel compliance.
B.
Pursuant to Criminal Procedure Law § 150.20(3), the enforcement
officer is hereby authorized to issue an appearance ticket to any
person causing a violation of this chapter, and shall cause such person
to appear before the Town Justice.
C.
Pursuant to Municipal Home Rule Law § 10 and Town Law § 268,
any person, firm, or corporation who commits an offense against, disobeys,
neglects, or refuses to comply with or resists the enforcement of
any of the provisions of this chapter shall, upon conviction, be deemed
guilty of a violation and subject to fine and/or imprisonment. Any
violation of this chapter is an offense by a fine of not less than
$100 nor more than $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for a conviction
of a second offense both of which were committed within a period of
five years, punishable by a fine of not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months; or both;
and upon conviction for a third or subsequent offense all of which
were committed within a period of five years, punishable by a fine
of not less than $750 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction on courts and judicial officers generally, violation
of this shall be deemed classified misdemeanor for such purposes only,
all provisions of law relating to misdemeanors shall apply to such
violations. Each week's continued violation shall constitute a separate
additional violation.
[Amended 2-16-2005 by L.L. No. 2-2005]
D.
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 restrain by injunction the violation of this chapter.
