A.
Schedule of fees. The Town Board shall, by resolution, establish
and periodically update a schedule of application and permit fees
associated with the administration and enforcement of this chapter.
Such schedule may provide for the assessment to applicants of consultant
and professional costs and expenses incurred in the processing and/or
review of applications made pursuant to this chapter.
B.
Code Enforcement Officer/Building Inspector. The Town Board shall
appoint a Code Enforcement Officer/Building Inspector, who shall issue
zoning permits, building permits, sign permits, certificates of occupancy,
and notices and orders in accordance with the terms of this chapter.
C.
Duties of Code Enforcement Officer/Building Inspector. It shall be
the duty of the Code Enforcement Officer/Building Inspector to interpret,
apply and enforce the provisions of this chapter in the manner and
form and with the powers provided in the laws of this state and in
the laws of the Town. Such interpretation and application shall be
subject to appeal to the Board of Appeals. In interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
for the promotion of the health, safety, morals, convenience and general
welfare. The Code Enforcement Officer/Building Inspector shall issue
no permit or certificate for any use, building or purpose if the same
would be in conflict with the provisions of this chapter. Any permit
or certificate issued in conflict with the provisions of this chapter
shall be null and void.
D.
Compliance with law. Issuance of a zoning or building permit or certificate
of occupancy shall in no case be construed as waiving any provisions
of this chapter. No zoning or building permit or certificate of occupancy
shall be issued unless the development project is in full conformity
with all of the provisions of this chapter and all other applicable
ordinances and local laws of the Town, unless the Code Enforcement
Officer/Building Inspector receives a written order from the Board
of Appeals or the Planning Board (as applicable) in the form of an
administrative appeal, special use permit or variance as provided
by this chapter.
E.
Time for application, certificate of occupancy required. In all cases
where a zoning or building permit is required, application therefor
shall be made prior to the commencement of any site preparation, demolition
or construction component of the development project. No building
or structure for which a zoning or building permit has been issued
shall be used or occupied until the Code Enforcement Officer/Building
Inspector has, after final inspection, issued a certificate of occupancy.
F.
Preapplication meeting. The Code Enforcement Officer/Building Inspector
shall prepare zoning and building permit checklists for the application
requirements, and applicants may meet with the Code Enforcement Officer/Building
Inspector prior to submitting an application for a zoning or building
permit (and any other application) to discuss what materials and submissions
the Code Enforcement Officer/Building Inspector will require.
G.
Permit application for zoning or building permit. Any person intending
to undertake a development project for which a zoning or building
permit is required shall apply to the Code Enforcement Officer/Building
Inspector for such permit by submitting the appropriate application
form and paying the required fee. Applicants shall provide all the
information set forth on the checklist for the category of their proposed
development project. There shall be submitted with all applications
for zoning or building permits:
(1)
Two copies of a layout or plot plan drawn to scale;
(2)
A narrative of the proposed development project including proposed
uses, densities, utility needs, traffic expectations, and site amenities;
(3)
A base map locating the project site and showing the immediately
surrounding neighborhood;
(4)
If the development project involves surface disturbance, a general
indication of the existing natural features of the proposed development
site; and
(5)
Such other information as the Code Enforcement Officer finds may
be necessary to determine compliance with this chapter.
H.
Issuance of zoning or building permit. One copy of the application
for zoning or building permit shall be returned to the applicant by
the Code Enforcement Officer after he or she shall have marked such
copy either approved or denied and attested to the same by his or
her signature on such copy. The original, similarly marked, shall
be retained by the Code Enforcement Officer/Building Inspector as
a Town record. During the period of any surface disturbance or demolition,
such permit shall be posted or displayed in a conspicuous place and
shall face the nearest public road.
I.
Explicitly prohibited uses. No zoning or building permit or certificate of occupancy shall be issued for a development project that contains, in whole or in part, any one or more explicitly prohibited uses proscribed by Article X of this chapter except upon the grant of a use variance by the Board of Appeals, issued as provided for under the terms and provisions of this chapter. Prior to issuing a zoning or building permit for any development project, or making any referral to the Planning Board for site plan review or a special use permit, or making any referral to the Board of Appeals for a variance, the Code Enforcement Officer/Building Inspector shall make a determination as to whether or not, in his or her considered judgment, the proposed development project includes, in whole or in part, one or more of such explicitly prohibited uses. If the Code Enforcement Officer/Building Inspector finds that the proposed development project does include, in whole or in part, any such explicitly prohibited use, then the Code Enforcement Officer/Building Inspector shall deny any such permit, notify the applicant that the proposed development project has been denied for such reason, and inform the applicant that it may apply for a use variance, appeal the Code Enforcement Officer/Building Inspector's decision, or resubmit the application without inclusion of the explicitly prohibited use(s) component.
J.
Compliance with plans and law. Zoning and building permits issued
on the basis of plans and applications approved by the Code Enforcement
Officer/Building Inspector authorize only the use and arrangement
set forth in such approved plans and applications, and no other use
or arrangement. A use or arrangement that differs from that authorized
shall be a violation of this chapter. Any permit or certificate issued
in violation of the provisions of this chapter shall be null and void
and of no effect without the necessity for any proceedings for revocations
or nullification thereof, and any work undertaken or use established
pursuant to any such permit or certificate shall be unlawful.
K.
Incomplete appeals, applications. If an applicant submits an appeal
or application that the Code Enforcement Officer/Building Inspector
determines is not complete, the Code Enforcement Officer/Building
Inspector shall mail a written notice to the applicant specifying
the deficiencies in the appeal or the application. In such case, the
Town shall take no further action on the appeal or the application
until such deficiencies are remedied. If the applicant fails to correct
the deficiencies within 30 days of a notice of deficiency, such application
or appeal shall be considered withdrawn.
L.
Appeals and referrals. The Code Enforcement Officer/Building Inspector
shall issue notices and orders and grant or deny applications for
permits in accordance with this chapter, or refer applications to
the Planning Board if site plan review or a special use permit is
required, or to the Board of Appeals if a variance is required. If
the Code Enforcement Officer/Building Inspector denies a permit application
and does not refer the application to the Planning Board or the Board
of Appeals, the applicant may appeal to the Board of Appeals.
M.
Inspections. In order to determine compliance with this chapter,
the Code Enforcement Officer/Building Inspector is authorized to the
extent permitted by law to enter, inspect and examine any building,
structure, place, premises or use in the Town.
A.
Zoning permits required. Except as provided in the next sentence,
a zoning permit issued by the Code Enforcement Officer/Building Inspector
shall be required for all development projects that involve the conversion
or change in use of any existing building, structure or parcel of
land, or surface disturbance of more than two acres of land, or demolition
of any structure larger than 250 square feet, in any event without
regard to whether such projects involve any new construction. A zoning
permit is not required for any project that requires a building permit.
B.
Expiration of zoning permit. Zoning permits shall expire unless the
activity authorized thereby is completed within 24 months of the date
of issue.
A.
Building permit required. No development project for new construction,
reconstruction, modification, renovation or expansion of existing
structures or site improvements shall commence without a building
permit issued by the Code Enforcement Officer/Building Inspector.
B.
Expiration of building permit. Unless there has been substantial
progress in the work for which the building permit was issued, said
building permit shall expire 12 months from the date of issue. Any
structure for which a building permit has been issued which remains
only partially complete with no substantial improvement over a twelve-month
period shall be a violation of this chapter.
C.
Emergency repairs. In the case of emergency action to deal with damage
from fire or other casualty, a property owner may commence construction
required to stabilize a structure without a building permit. In order
to protect the safety of persons entering such a structure to stabilize
it, a permit must be applied for as soon as possible and in any event
within one week following such fire or casualty.
A.
Certificates of occupancy required. No land shall be occupied or
used, and no building hereafter erected, altered or extended shall
be occupied and used or changed in use, until a certificate of occupancy
shall have been applied for and issued by the Code Enforcement Officer/Building
Inspector, stating that the building has been erected and the site
developed in accordance with the approved plans and that the proposed
use thereof complies with the provisions of this chapter and any other
applicable local laws and regulations and that the land and/or building
may be occupied. No nonconforming use shall be maintained, renewed,
changed or extended without a certificate of occupancy having first
been issued. The Code Enforcement Officer/Building Inspector shall
not issue a certificate of occupancy until the work has been completed,
inspected and found to be in full compliance with the building permit.
B.
Application for certificate of occupancy. Every application for a
certificate of occupancy shall state that the building or the proposed
use of the building or land complies with all applicable provisions
of this chapter and the terms of any permit or variance. The Code
Enforcement Officer/Building Inspector shall determine the required
materials and submissions for the application. No certificate of occupancy
shall be issued for any use of a building or of land allowed by special
use permit unless and until such special use permit has been duly
issued by the Planning Board. Every certificate of occupancy relating
to a use or structure for which site plan review approval has been
granted, a special use permit or other permit has been issued, or
a variance has been granted, shall contain a detailed statement of
or reference to the conditions of use in such approval, permit or
variance.
C.
Inspection. The Code Enforcement Officer/Building Inspector shall
examine the location of any new structures or improvements to existing
structures and shall determine whether or not such new structures
or improvements comply with the setback and other requirements of
this chapter, including the terms and conditions of any site plan
review approval, special use permit, variance or other permit condition.
The Code Enforcement Officer/Building Inspector shall maintain complete
records of the dates of inspections conducted hereunder, the names
of all persons attending such inspections, the extent of completion
of the work on each date, and any other observations relevant to determining
compliance with this chapter.
A.
Enforcement. This chapter shall be enforced by the Code Enforcement
Officer/Building Inspector. The right of inspection, the power to
issue notices and stop work orders, the power to issue cease and desist
notices, the power to seek injunctive relief and the right to revoke
permits are hereby conferred upon the Code Enforcement Officer/Building
Inspector with respect to the enforcement of this chapter. No provision
of this chapter shall be construed to deprive the Town or the Town
Board or any citizen or taxpayer thereof of any other available remedy
for the enforcement of this chapter or the punishment or abatement
of violations thereof, and all such remedies shall be cumulative and
not exclusive.
B.
Violation of law. The erection, construction, enlargement, intensification,
conversion, moving or maintenance of any building or structure and
the use of any land or building or structure which is continued, operated
or maintained in any case contrary to the provisions of this chapter
shall be a violation of this chapter.
C.
Complaints. Whenever a violation of this chapter occurs or is alleged
to have occurred, any person may file a complaint in regard thereto.
All such complaints must be made in writing and shall be filed with
the Code Enforcement Officer, who shall properly record such complaint
and investigate the same forthwith. The Code Enforcement Officer/Building
Inspector shall report thereon to the Town Board and to the Board
of Appeals, where applicable.
D.
Notice of violation. Upon determining that any new construction,
improvements, uses or other activities are in violation of this chapter,
the Code Enforcement Officer/Building Inspector shall transmit a written
notice of violation by certified mail to the owner of record (with
a courtesy copy of such notice to any tenants of which the Code Enforcement
Officer/Building Inspector has actual notice) of the property upon
which the alleged violation occurs, describing the alleged violation,
with a copy to the Town Board. The notice of violation shall require
an answer or correction of the alleged violation to the satisfaction
of the Code Enforcement Officer/Building Inspector within a reasonable
time specified by the Code Enforcement Officer in such notice. The
notice shall further state that, upon request of the owner of record,
technical determinations of the nature and extent of the violation
as alleged will be made and that, if a violation as alleged is found,
costs of the determinations will be charged against the owner of record
(as well as any others responsible for such violation), in addition
to such other sanctions as may be appropriate.
E.
Response to notice of violation. If, within the time limit set, there
is no reply, but the alleged violation is corrected to the satisfaction
of the Code Enforcement Officer/Building Inspector, the notation "Violation
Corrected" shall be made on the Code Enforcement Officer/Building
Inspector's copy of the notice and filed with the Code Enforcement
Officer/Building Inspector's records. If there is no reply within
the time limit set, and the alleged violation is not corrected to
the satisfaction of the Code Enforcement Officer/Building Inspector
within the time limit set, the Code Enforcement Officer/Building Inspector
shall take action in accordance with this chapter. If the property
owner disputes the notice of violation, the property owner may file
an appeal with the Board of Appeals.
F.
Enforcement action. The Code Enforcement Officer/Building Inspector
or the Town Board may issue a stop-work or cease and desist order
and/or institute an appropriate legal action or proceeding to prevent,
restrain, correct or abate any violation of this chapter, including
to prevent the occupancy of such building, structure or land or to
prevent any activity, conduct, business or use in or about such premises
that violates this chapter.
G.
Responsible parties. The owner of the property in question, as well
as any tenant, occupant or contractor who participates in, assists,
directs, creates or maintains any violation of this chapter, shall
be jointly and severally responsible for such violation and shall
be subject to the penalties and remedies herein provided.
H.
Public record. Each order, notice, requirement, decision, interpretation,
determination and certificate of the Code Enforcement Officer/Building
Inspector shall be filed in the office of the Code Enforcement Officer/Building
Inspector within five business days from the day it is rendered, and
the same shall be made a public record. The date such order, notice,
etc., is so filed in the office of the Code Enforcement Officer/Building
Inspector is herein referred to as the "public filing date."
I.
Appeals. No appeal from any order, requirement, decision, interpretation or determination by the Code Enforcement Officer/Building Inspector shall be allowed unless within 30 days of the public filing date (defined in Subsection H) an application for appeal (on such form and accompanied by such fees as may be prescribed by the Town) specifying the grounds of appeal and relief sought shall have been filed with the Code Enforcement Officer/Building Inspector.
J.
Stay of proceedings. A timely and properly filed appeal shall stay
all proceedings in furtherance of the action appealed unless the Code
Enforcement Officer/Building Inspector certifies to the Board of Appeals
following the filing of such appeal that a stay could cause imminent
peril to life or property, in which case such proceedings shall not
be stayed except by a restraining order issued by a court of competent
jurisdiction.
A.
Violations other than Article X. Any person, owner, lessee, tenant, occupant, architect, builder or agent who violates or is accessory to the violation of any provision of this chapter (other than Article X hereof), who owns, occupies or uses any building, structure or premises which is in violation of any provision of this chapter (other than Article X hereof), who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves, maintains or uses any building, structure or land in violation of any provision of this chapter (other than Article X hereof), shall be guilty of a violation as defined in Article 10 of the New York State Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $350 or imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a two-year period shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. For purposes of this Subsection A, each week (or portion thereof) that a violation exists shall constitute a separate and distinct offense.
B.
Violations of Article X. Any person, owner, lessee, tenant, occupant, architect, builder or agent who violates or is accessory to the violation of any provision of Article X hereof, who owns, occupies or uses any building, structure or premises which is in violation of any provision of Article X hereof, who fails to comply with any of the requirements of said Article X, or who erects, constructs, alters, enlarges, converts, moves, maintains or uses any building, structure or land in violation of any provision of Article X hereof, shall be guilty of an unclassified misdemeanor as contemplated by Article 10 and § 80.05 of the New York State Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $2,500 or imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a three-month period shall be punishable by a fine of not more than $5,000 or imprisonment for a period of not more than 30 days, or both. For purposes of this Subsection B, each week (or portion thereof) that a violation of Article X of this chapter exists shall constitute a separate and distinct offense.[1]
C.
Injunctive relief. Compliance with this chapter may also be compelled
and violations restrained by order or by injunction of a court of
competent jurisdiction in an action brought on behalf of the Town
by the Town Board.
D.
Costs and attorneys' fees. In the event the Town is required to take legal action to enforce this chapter, the violator shall be responsible for any and all necessary costs incurred by the Town relative thereto, including attorneys' fees. In addition to the foregoing remedies, in the event of a violation of any provision of this chapter, the Town Board may assess against the property owner a civil penalty of not more than $500 per violation, plus the cost of remediating the violation. For purposes of this Subsection D, each week (or portion thereof) that a violation exists shall constitute a separate and distinct offense. The property owner shall be given notice and an opportunity to be heard before adoption of such special assessment. If such expense is not paid in full within 30 days from the date it is determined and assessed by the Court, such expense shall be charged to the property(ies) within the Town on which the violation occurred by including such expense in the next annual Town tax levy against such property, and such expense shall be a lien upon such property until paid.
A.
In addition to any other fees required under the Town Code, the Planning
Board and the Zoning Board of Appeals are authorized to retain engineering,
legal, planning and other expert consulting services and clerical
services for assistance related to the review and processing of applications
coming before said bodies.[1]
B.
Payment for the services of any expert consultant is to be made from
funds deposited by the applicant with the Town Supervisor to be placed
in an escrow account established for that purpose. The Planning Board
Chairman and/or Zoning Board of Appeals Chairman, as agent for the
appropriate involved board, shall confer with the applicant and compute
the amount of the escrow to be posted with the Town. Said amount shall
be reasonably related to the costs attendant to the Town's review
and processing of the application and/or the monitoring or inspecting
of the construction of the project. The Town shall engage any expert
at a reasonable rate that is no greater than that customarily charged
by said expert and in no event at a rate greater than that paid by
the Town to said expert for similar work. If an applicant objects
to the amount to be placed in escrow, the applicant may request the
Planning Board or the Zoning Board of Appeals, as appropriate, to
review the projected amount to be placed in escrow.
C.
Once the expert consulting fees are fixed, it shall be the responsibility
of the applicant to submit to the Town Supervisor a certified or bank
check in an amount equal to the estimated costs of the expert consulting
fees for services to be rendered to the Town. The Town retains the
right from time to time to recompute the amount of the escrow deposit,
after conferring with the applicant, in the event there will be a
shortfall in the escrowed funds to cover the estimated costs of the
expert consulting fees for services needed by the Town.
D.
The escrow funds so deposited with the Town shall be paid to its
expert consultant upon submission of an invoice and approved voucher
and subject to audit in accordance with the provisions of New York
State Town Law §§ 118 and 119. Any applicant may request
to inspect said invoices and vouchers submitted by any expert retained
by the Town.