The Community Development Director (the "Director"), or his
designee, is empowered to administer and enforce this code. Specifically,
the Director shall have the following powers and duties:
A.
Administer procedures of this code;
B.
Initial review and processing of all applications submitted under
this code;
C.
Issue administrative determinations and certificates of compliance
pursuant to this code;
D.
Enforce the conditions of any variance, site plan review or special
use permit issued pursuant to this code;
E.
Enforce all provisions of this code; and
F.
Determine the completeness of all applications submitted under this
code.
A.
After reviewing a proposal for a development or land disturbance
the Director shall make one of the following formal determinations:
(1)
The development is subject to administrative review or approval from
the Director; or
(4)
The development is prohibited; or
(5)
The development does not meet the dimensional standards of this code;
or
(6)
Such other determination as may be consistent with this code.
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[Note: The change of land use or new land use or development
may require approvals or permits from other state or federal agencies
or departments not under the jurisdiction of this code, including
but not limited to the United States Army Corps of Engineers (ACOE),
New York State Uniform Fire Prevention and Building Code, the New
York State Departments of Environmental Conservation (DEC), Health
(DOH), and Transportation (DOT) and the Adirondack Park Agency (APA).]
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B.
Procedure for determinations:
(1)
Any person intending to engage in an activity that may be subject
to this code should meet with the Director as early as possible to
determine which, if any, permits or approvals may be required and
which review procedures, if any, apply;
(2)
A person seeking a formal determination from the Director shall file
a request with the Village Department of Community Development (the
"Department"), together with the appropriate fee. The request for
the determination shall be submitted on forms provided for such purpose
by the Village, and shall include a plan drawn to scale showing the
actual dimensions of the land to be built on or otherwise used, the
size and location of all buildings or other structures or other uses
to be built or undertaken, and such other information as may be necessary
in the evaluation of the request and the administration of this code.
Within 10 business days following the receipt of a request for determination,
the Director shall notify the applicant of any additional information
required for completion of the review. If no such notice is given
within the specified time frame, then the request shall be deemed
complete as filed. When all additional information is received, the
Director shall acknowledge the same in writing;
(3)
The Director shall issue a written determination not later than 20
business days after receiving a completed request for determination;
(5)
A determination from the Director shall lapse one year following
the date it was granted if the project has not been substantially
commenced or the use has not been commenced. The Director may renew
the determination once for a period of one year from the date it would
have originally lapsed, provided that the facts upon which the original
determination was granted have not changed.
A.
Description. Administrative review provides relief from carrying
out a requirement of this code that may cause a minor practical difficulty.
B.
Initiation. The property owner, or person expressly authorized by
the property owner in writing, may initiate an administrative review.
C.
Eligibility. The applicant is eligible to apply for an administrative
review for up to a ten-percent adjustment from any dimensional or
physical requirement of this code.
D.
Authority. The Director must review and take action on requests for
an adjustment.
E.
Procedure.
(1)
An administrative review application must be filed with the Director.
(2)
The Director shall review the application for completeness based
on the following list of information:
(3)
Once all necessary information is received the Director shall determine
the application to be complete.
(4)
Upon receipt of the determination of application completeness, the
applicant shall provide written notice to each adjoining property
owner that an application for administrative review is being requested
from the Director. The notice shall include a description of the project
for which adjustment sought, the level of adjustment sought, the address
where written objection to the project may be written, and the date
by which the written objection must be received. Within five days
after provision of the notice to adjoining property owners, the applicant
shall provide to the Director a copy of the notice sent, a list of
the adjoining property owners receiving the notice, and written evidence
(i.e., mail certification receipts) that the notice has been properly
made to each adjoining property owner.
(5)
If a written objection to an administrative review is received by
the Director prior to the date of the Director's determination, the
application must be resubmitted as a zoning variance to the Development
Board. No additional fees shall apply.
(6)
Within 30 days of the determination of application completeness,
the Director must approve, approve with modifications, or disapprove
the application. The failure of the Director to act within 30 days
of receipt of a complete application will be deemed a disapproval
of the application, except where this thirty-day period is extended
by mutual consent of the applicant and the Director.
(7)
The Director may, at his/her discretion, determine that, because
of its nature, a proposed administrative adjustment must be resubmitted
as a zoning variance to the Development Board. No additional fees
shall apply.
F.
Approval standards. The Director must make written findings of fact
on the following standards:
G.
Expiration.
(1)
The adjustment approved as a result of the administrative review
expires within one year from the date of approval, if a building permit
or certificate of occupancy has not been issued and no request for
a time extension is sought within the original period of validity.
(2)
The Director may extend the time for expiration of an approved adjustment
for one year, upon a showing of good cause by the applicant. A request
for extension must be made in writing to the Director within the original
period of validity.
A.
Permit application. Applications for administrative approval shall
be made in writing on a form provided by or otherwise acceptable to
the Director. The application shall be signed by the owner of the
property where the work is to be performed or by an authorized agent
of the owner. The application shall include such information as the
Director deems sufficient to permit a determination by the Director
that the intended land use or development complies with all applicable
standards of this chapter. The Director shall issue an administrative
approval upon such a finding.
A.
A notice of decision shall be issued by the Director after any approval,
disapproval, approval with conditions, or granting or denial of a
variance is made by the Director or the Development Board. The notice
of decision shall describe the action taken and any associated conditions.
The notice of decision shall be issued in duplicate with one copy
provided to the applicant and the second kept on file in the Village
offices. When issuing a notice of decision for an approval or approval
with conditions, the Director shall sign, date, and return one copy
of the approved plans bearing the notation "Approved." No person shall
perform any construction or otherwise undertake a project requiring
a permit unless a notice of decision for such project is issued as
set forth in the manner as specified above, nor shall any person perform
such activities after revocation of a notice of approval;
B.
If the Director determines that an application or accompanying plans
are false or misleading, or that work being done upon the premises
differs from what is allowed by the approval as issued, the Director
may forthwith revoke the notice of approval. Examples of differences
between permitted plans and work being done include, but are not limited
to, quantifiable change or expansion in the use of land and/or a building,
physical alteration of the natural landscape or alteration/expansion
of a building or structure (principal or accessory) in a manner that
is different from the plans as filed with the permit. The permittee
and/or the owner of the property shall upon revocation of approval
from the Director cease the use, activity, or construction associated
with the proposed development; and,
C.
A notice of decision for an approval, approval with conditions, or
a variance issued pursuant to this code shall lapse one year following
the date it was issued if the project has not been commenced or the
use has not been commenced. Upon a request filed prior to lapsing
of the notice of decision the board granting the approval may renew
the notice of decision for a period of one year from the date it would
have originally lapsed, provided that the facts upon which the original
determination was granted have not changed. The Development Board
may provide for a subsequent renewal, upon request made before lapsing
of the notice of decision, provided that the facts upon which the
original determination was made have not changed.
[Amended 11-8-2021 by L.L. No. 3-2021]
Any determination or notice of decision issued under this code
shall be void if it is based upon or is granted in reliance upon any
material misrepresentation or failure to make a material fact or circumstance
known.
The submission of a request for a determination, or submission
of an application for any other approval, variance or matter covered
by this code, shall constitute consent to the Director, Village employees,
and to members or designees of Village boards with jurisdictional
authority over such review and approval procedures to conduct such
inspections, tests and examinations of the site as the Director or
board having jurisdiction deems necessary and appropriate for fulfilling
the purposes of this code.
No use for which a permit or approval was issued shall be occupied
or maintained except pursuant to a certificate of compliance issued
by the Director. The Director, within 10 working days after receipt
of a request for inspection of a project or operation of a use for
which a permit or approval has been issued, shall inspect and issue
a certificate of compliance if the project has been completed or the
use is being operated in compliance with all terms of the permit or
approval and with all applicable provisions of this code and other
laws and regulations. Such certificate shall constitute a permit to
occupy and/or conduct the use. If the project involves the construction
of a building or structure, a building permit and associated certificate
of occupancy must also be issued before the building or structure
can be occupied.
The original or a certified copy of all decisions, approvals,
rulings and findings of any board under this code, and of all permits
and certificates issued under this code, shall be maintained by the
Director and retained as a permanent Village public record. Audio
recordings of any board proceedings shall be kept by the Village Clerk
for a period of not less than three years from the date of such meeting.
[Amended 11-8-2021 by L.L. No. 3-2021]
Unless otherwise stated, all petitions, applications and appeals
provided for in this code shall be made on forms prescribed by the
Director or the board with jurisdiction over the particular matter.
Completed forms shall be accompanied by whatever further information,
plans or specifications may be required by such forms and/or this
code. Petitions, applications and appeals containing sufficient information
for Development Board review as determined by the Director shall be
submitted at least 15 days prior to a scheduled Development Board
meeting in order to be included on the agenda for the meeting absent
good cause shown as found by the Director in consultation with the
Chair of the Development Board.
A.
Fees provided for by this code shall be paid upon the submission
of petitions, applications and appeals, in such amount or amounts
as shall be established by the Board of Trustees from time to time
by resolution. Said fees will be posted on the official Schedule of
Fees for the Village of Saranac Lake. Actions that require fees include,
but are not limited to:
(1)
Permit application;
(2)
Application for site plan review to the Development Board;
(3)
Application for special use permit;
(4)
Application for Planned Unit Development District;
(5)
Appeals for variance (use and area) application to Development Board;
(6)
Petition for interpretation to the Development Board;
(7)
Subdivision application to the Development Board;
(8)
Certificate of compliance;
(9)
Certificate of occupancy;
(10)
Petition for amendment of this code and/or the Zoning Map to
the Board of Trustees; and
(11)
Signs.
B.
In the review of any application under this code by the Development
Board or the Director, the applicant may be required to pay for professional
services deemed necessary for the review of such application. As part
of the application fee, a deposit in an amount sufficient to reimburse
the Village for reasonably estimated costs of such professional services
may be required. Said amount shall be based on the specific fee schedule
of the particular professional retained as well as the scope of services
to be provided. The Village shall hold such deposit in escrow for
the sole purpose of paying the costs and fees of the professional(s)
retained for review of the application. The professional(s) retained
shall provide the Village with detailed invoices showing the services
rendered for the time period billed, and the Village shall provide
the applicant with an opportunity to review said invoices prior to
payment. Initial or additional deposits may be required as the review
process continues. Any deposit amounts that remain at the end of the
process shall be returned to the applicant. Any outstanding fees due
to the Village must be paid in full prior to the issuance of a permit
and/or building permit.
A.
The Director is hereby authorized and empowered to issue an order
requiring any person to cease and desist from any violation of this
code or of any permit, order or other approval issued hereunder. Notice
of the order and the reason or reasons therefor shall be made in writing
and served by the Director upon the holder of the permit, order or
other approval, either in person or by mailing the same by certified
mail, return receipt requested, to the address given in the application,
and upon the last known owner of the premises involved as shown on
the assessment roll of the Village, and by filing a copy of said notice
immediately in the office of the Village Clerk. The cease-and-desist
order shall be in effect until the Village confirms that the land
development activity is in compliance and the violation has been satisfactorily
remedied.
B.
Any permit, order or other approval issued under this code may be
suspended or revoked by the issuing authority upon the failure of
the holder thereof to comply with any provision of this code or of
such permit, order or other approval issued hereunder. Notice of revocation
and the reason or reasons therefor shall be made in writing and served
by the Director upon the holder of the permit, either in person or
by mailing the same by certified mail, return receipt requested, to
the address given in the application, and upon the last known owner
of the premises as shown on the assessment roll of the Village, and
by filing a copy of said notice immediately in the office of the Village
Clerk.
C.
If any building or land development activity is installed or conducted
in violation of this code, or in violation of any permit, order or
other approval issued hereunder, the Director may prevent the occupancy
of said building or land by withholding a certificate of occupancy
until such violation is satisfactorily remedied.
D.
Any person responsible for a violation may be required to restore
land to its undisturbed condition. In the event that restoration is
not undertaken within 90 days or such other reasonable time after
notice that the Director may specify, the Village may take necessary
corrective action, the cost of which shall become a lien upon the
property involved until paid.
E.
Penalties and other relief for violations.
(1)
Any neglect, failure or refusal to comply with any provision of this
code or any permit, order or other approval issued hereunder shall
be deemed a violation thereof, and any person who shall commit such
a violation, in addition to being required to abate the violation
and any other penalties prescribed by law, shall, upon conviction
thereof by a court of local criminal jurisdiction, be punished by
a fine of not more than $500 for each offense. Each and every day
such violation shall continue will constitute a separate offense;
(2)
In addition to the foregoing, the Board of Trustees may, in the case
of a violation of this code or any permit, order or other approval
issued hereunder, commence an action in a court of competent jurisdiction
which seeks:
(3)
Persons found to be in violation of the provisions of this code or
any permit, order or other approval issued hereunder pursuant to such
civil actions or proceedings shall be liable for damages, including
the legal and other costs and fees resulting from or attendant to
such actions or proceedings, as well as the costs and fees incurred
by the Village and/or its officers, employees, servants and agents.
F.
Prior to any action being commenced pursuant to § 106-19E, the Director shall serve a notice to remedy, by certified mail, upon the person violating the provisions of this code or any permit, order or other approval issued hereunder. The period of said notice to remedy shall be prima facie evidence of noncompliance with the provisions of this code or of any permit order or other approval issued hereunder. Upon noncompliance with the notice to remedy, the Director may commence an action pursuant to § 106-19E, by the issuance of an appearance ticket for a violation brought pursuant to § 106-19E(1) or by appropriate filings for an action commenced pursuant to § 106-19E(2).
[Amended 11-8-2021 by L.L. No. 3-2021]
Notices of public hearings required by this code shall be provided
by Village publication in a newspaper of general circulation within
the Village at least 10 days prior to the hearing. Within the same
time frame, a copy of the notice shall also be provided by the applicant
by certified mail to all owners within 200 feet of the Tax Map parcel
on which the applicant's project is proposed. Proof of certified mailing
upon such individual property owners shall be provided to the Director
before the public hearing is held. The applicant shall also post a
conspicuous, waterproof copy of the notice at the site of the proposed
project at least 10 days prior to the date of the hearing.
A.
For proposed planning and zoning actions within the Essex County
portion of the Village, referrals shall be made to the Essex County
Planning Board in accordance with the provisions of General Municipal
Law § 239.
B.
For proposed planning and zoning applications within the Franklin
County portion of the Village, no referral is required because, as
of the date of adoption of this code, Franklin County does not have
a county planning agency and is not within the jurisdiction of a regional
planning council.
A.
An applicant may be required by the Development Board or the Director
to provide adequate security to guarantee the faithful performance
and proper completion of any approved work and compliance with conditions
of approval imposed by the review authority. The provisions of this
section apply to performance guarantees for any of the approvals required
by this code.
B.
The required security shall be in a form (e.g., cash bond, certificate
of deposit, surety bond, etc.) approved by the Director, upon recommendation
of the Village Attorney. The amount of security shall be as determined
by the Development Board or the Director to be necessary to ensure
proper completion of the work and compliance with conditions of approval.
C.
In addition to any improvement security required to guarantee proper
completion of work, the Development Board or the Director may require
security for maintenance of the work in an amount determined to be
sufficient to ensure the proper maintenance and functioning of improvements.
D.
Required improvement security shall remain in effect until final
inspections have been made and all work has been accepted by the Director
or until any warranty period required by the Director has elapsed.
Maintenance security shall remain in effect for 12 months after the
date of final inspection.
E.
Upon satisfactory completion of work and the approval of a final
inspection (or after the end of the required time for maintenance
security), the improvement and/or maintenance deposits or bonds shall
be released.
F.
Upon failure to complete the work, failure to comply with all of
the terms of any applicable approval, or failure of the completed
improvements to function properly, the Village may do the required
work, or cause it to be done, and collect from the applicant or surety
all the costs incurred by the Village, including the costs of the
work and all related administrative and inspection costs.
G.
Any unused portion of the security shall be refunded to the funding
source after deduction of the cost of the work by the Village.
