Town of Hartford, NY Article V Administration

§ 105-27 Compliance.

The Building Inspector shall not issue a building permit or certificate of occupancy for any structures requiring site plan approval by this chapter except upon authorization by and in conformity with an approved site plan.

§ 105-28 Building Inspector.

The Town Board may appoint the Washington County Code Enforcement Officer and the local code enforcement officer for the Town to carry out the duties assigned by this chapter. If appointed, they shall be responsible for the overall inspection of site improvements and shall coordinate their activities with the Planning Board and other agencies.

§ 105-29 Enforcement; penalties for offenses.

A. Any person who violates any provision of this chapter shall be guilty of a violation, punishable by a fine of not more than $250 and not more than 15 days' imprisonment. The application of the above penalty or penalties or the prosecution for the violation of the provisions of the chapter shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforced removal of conditions prohibited by this chapter. Each day that a violation continues shall constitute a separate violation. These remedies of the Town are in addition to and not exclusive to other remedies found within this chapter or the laws of New York State.

B. Injunction. In addition to the penalties provided above, the Town may maintain an action or proceeding to compel compliance with or to restrain by injunction the violation of this chapter.

§ 105-30 Amendments.

All proposed amendments to this chapter not originating with the Planning Board shall be referred to it for a report and recommendation thereon.

§ 105-31 Further implementation.

The Planning Board may adopt an application form, checklists, and bylaws for the conduct of its meetings and explanatory materials to carry out this chapter.

§ 105-32 Appeals.

Any person aggrieved by any decision of the Planning Board or any other board or officer of the Town involved with the administration and enforcement of this chapter may apply to the Supreme Court to review the decision pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceedings shall be instituted within 30 days after the filing of the decision in the office of the Town Clerk.

§ 105-33 Effect on existing uses.

A. This chapter does not apply to uses and structures which are lawfully in existence as of the date this chapter becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of one year or more shall be subject to review pursuant to the terms of this chapter before such use is resumed. Any use or structure shall be considered to be in existence, provided the same has been substantially completed as of the effective date of this chapter and fully constructed and completed within one year from the effective date of this chapter.

B. With the exception of uses governed by Chapter 71, Landfills, of the Town Code, which are not exempt from this chapter at all or in any respect, this chapter does not apply to projects for which an application for a permit is pending and/or filed (whether completed or not) before the Town of Hartford or the State of New York or an administrative arm or agency thereof as of the date that this chapter becomes effective. The effect of this provision is expressly limited to the scope of the particular project as described in the said application and will not extend to permanent or portable, expanded, increased, additional, accessorial, or different uses not described in the pending application. Such expanded, increased, additional, accessorial or different uses shall be governed by this chapter. Uses encompassed by Chapter 71, Landfills, of the Town Code are not exempt, whether a permit has been issued or otherwise.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 105-34 Relationship to other laws and regulations.

This chapter in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this chapter is in conflict with any other such law or regulation, the more restrictive shall apply, unless this chapter is preempted by a law of superior jurisdiction, in which case, the law of superior jurisdiction shall apply, but only to the extent of the preemption. Areas within the subject matter which are not preempted shall be governed by the chapter.