The Zoning Inspector shall have the power to enforce this chapter
and shall be appointed and may be removed by the Town Board. An appeal
from a ruling by the Zoning Inspector regarding this chapter shall
be heard by the Zoning Board.
An application and appeal provided for in this chapter shall
be made on forms prescribed by the Town Board and accompanied by plans
and specifications required by this chapter. Fees shall be paid to
the Zoning Inspector upon the filing of an application. Such fees
shall be as established by Town Board resolution and are not refundable.
[Added 12-3-2019 by L.L. No. 11-2019]
A.
Application
and fees. An application for a preapplication conference shall be
made on forms and with plans, specifications, and fees required by
this chapter.
B.
Procedure.
A preapplication conference is required prior to filing an application
for a planned unit development, country hamlet and major subdivision
and recommended prior to filing an application for site plan approval
or special use permit. The preapplication conference allows early
review of a concept development plan by Town department heads, staff,
and the public. A request for a preapplication conference shall be
submitted to the Town Planner for site plan approval and planned unit
development or to the Zoning Administrator for a special use permit.
The Town Planner and Zoning Administrator shall notify the applicant
of the date and time of the preapplication conference and post the
date and time of the preapplication conference on the Town's website
calendar. The public is invited and encouraged to attend the preapplication
conference. The preapplication conference shall include review of
the concept of the proposal and compliance with this chapter's requirements
and discussion of any potential site plan and development issues.
The preapplication review shall be nonbinding. Prior to the preapplication
conference, each applicant is encouraged to discuss the concept proposal
with adjacent and potentially impacted property owners and ascertain
local concerns and consider mitigation measures early in the design
process. Within seven business days of the preapplication conference,
the Town Planner and/or the Zoning Administrator shall post a summary
of items reviewed and list of attendees on the Town's website.
In a case where a special use permit or variance is denied by
the Zoning Board, or a site plan is denied by the Planning Board,
unless stated to be without prejudice, the application shall not be
eligible for resubmittal for the period of one year from the date
of the denial, unless, in the opinion of the reviewing board, new
evidence is submitted or conditions have changed such that further
consideration is warranted.
No structure shall be erected, altered, placed, moved or demolished,
nor shall an excavation be made or footing or foundation be constructed
therefor, until a permit has been issued by the Zoning Inspector and
such permit is prominently displayed upon the premises. This requirement
applies equally to the construction or installation of underground
structures, including sewage disposal systems. Such permit shall expire
180 days after the issuance thereof unless construction shall have
been commenced within this period, and it shall expire 12 months after
date of issue. The Zoning Inspector may, for good cause, grant two
six-month extensions of the above time period.
No structure shall be built or erected unless it meets the NYS
Uniform Fire Prevention and Building Code. All proposed structures
shall be reviewed by the Building Department to assure conformance
with the NYS Uniform Fire Prevention and Building Code.
Upon the completion of a structure legally erected or altered,
as required by this chapter, a permit for the occupancy of the structure
and the use designated in the building permit shall be issued within
10 days of a written request for inspection. No structure shall be
occupied or the premises used until such permit is issued, and such
certificate shall automatically become invalid upon a change in use
of the premises.
Pursuant to NYS Town Law § 271, the Planning Board
shall consist of seven members appointed by the Town Board, which
shall designate the Chairman and may appoint an alternate member thereof,
in such manner and for such terms as provided in NYS Town Law. The
Planning Board shall have authority established for it by statute
and this chapter, and may establish necessary rules and regulations.
Pursuant to NYS Town Law § 267, the Zoning Board of
Appeals shall consist of five members appointed by the Town Board,
which shall designate the Chairman and may appoint an alternate member
thereof, in such manner and for such terms as provided in NYS Town
Law. The Zoning Board shall have authority established for it by statute
and this chapter, and may establish necessary rules and regulations.
No real property shall be subdivided into two or more lots, or any lot line changed, until a map of such subdivision, drawn to a scale as prescribed by the Planning Board, showing such lots and any streets laid out in connection therewith, shall have been approved by the Planning Board and filed with the Albany County Clerk's office in accordance with Chapter 247, Subdivision of Land.
[Amended 12-3-2019 by L.L. No. 11-2019; 5-17-2022 by L.L. No. 4-2022]
When the Town Board, Planning Board or Zoning Board is required
to hold a public hearing, as provided for in this chapter or elsewhere
by law, notice of the hearing shall be given in the following manner:
A.
Each notice of a hearing on a special use permit, subdivision, site
plan approval, use variance, area variance, planned unit development,
country hamlet, rezone or other land use development application shall
be published in an official newspaper of the Town at least 10 days'
prior to the date of the hearing.
B.
Each notice of a hearing regarding an amendment to this chapter shall
be published at least one time in an official newspaper of the Town
at least 10 days' prior to the date of the hearing. All other
provisions of NYS Town Law § 264 shall be adhered to.
C.
Each notice of a hearing on an appeal authorized by this chapter
shall be published in an official newspaper of the Town not less than
10 days prior to the date of the hearing.
E.
The Town Board, Planning Board or Zoning Board may continue a hearing
to obtain additional information or upon request of the applicant.
At the time of recessing, the time and date of the resumed hearing
shall be announced, if possible. If no date of resumption is announced
or if the hearing is recessed for a period of three months or more,
public notice of resumption of the hearing shall be published.
F.
Supplemental notice of public hearing. Within seven days of filing
an application for site plan approval, special use permit, use variance,
planned unit development, country hamlet, rezone or major subdivision,
and at least 10 days before the scheduled public hearing, the applicant
shall post placards with required notice at the subject property as
follows:
(1)
Placard. Each placard shall contain the required notice on a board
measuring a minimum of 24 inches by 36 inches, placed in a weather-protective
covering, and posted at a height of five feet. The applicant shall
maintain the placards and required notice during the review process.
(2)
Required notice. The notice shall state in a minimum size 36 font:
THE PROPERTY LOCATED AT [STREET ADDRESS(ES)] IS SUBJECT TO AN APPLICATION
BY (NAME OF APPLICANT) FOR (PROJECT DESCRIPTION). THE APPLICATION
IS AVAILABLE FOR PUBLIC INSPECTION AT THE BUILDING DEPARTMENT AND/OR
PLANNING DEPARTMENT.
(3)
Approval. The Town Planner for site plan approval and planned unit
development, country hamlet, and major subdivision applications and
the Zoning Administrator for special use permit applications shall
approve the content of the proposed notice and the number and locations
of the placards and is authorized to amend this subsection's
requirements as appropriate.
(4)
Affidavit of compliance. The applicant shall submit an affidavit
attesting to the posting of the required supplemental notice to the
Town Planner or Zoning Administrator at least five days before the
scheduled date of the public hearing.
A.
Purpose. Where the strict application of certain provisions of this
chapter may result in practical difficulties, unnecessary hardships
and results inconsistent with the general purposes thereof, variances
may be granted as provided in this chapter.
B.
Authorization to grant or deny variances. A variance to this chapter
shall be authorized by the Zoning Board in accordance with the standards
and procedures set forth in this section. In granting a variance,
the Zoning Board may impose conditions similar to those provided for
a special use permit to protect the best interests of the surrounding
property, the neighborhood or the Town as a whole.
C.
Application for a variance. A property owner or his agents may initiate
a request for a variance by filing an application with the Zoning
Inspector using forms provided for such requests by the Town. Such
application shall be accompanied by a legal description of the property,
a map showing the property and all properties within a radius of 500
feet of the exterior boundaries thereof, plans and elevations necessary
to show the proposed variance, other drawings or information necessary
to an understanding of the proposed use and its relationship to surrounding
properties and a filing fee as required in the Town's fee schedule.
D.
Circumstances for granting variances. The Zoning Board may grant
an area variance or a use variance pursuant to NYS Town Law § 267-b.
All applications for an area variance or a use variance shall include
written responses to the conditions enumerated in NYS Town Law § 267-b
in order for the application to be considered by the Zoning Board.
E.
Public hearing on a variance. Before the Zoning Board may act on a request for a variance, it shall hold a public hearing. Notice of the hearing shall be given as provided in § 280-50 and a decision shall be rendered within 62 days of the final hearing date.
F.
Notification of decision. The Zoning Board shall notify the applicant
for a variance, in writing, of the Board's decision within five days
after the decision has been rendered.
A.
Purpose. The purpose of special use permit review is to consider
the proper placement of uses in the community and zoning district
that are only suitable in such locations under appropriate conditions.
Special uses require consideration of factors so that they are properly
located consistent with the objectives of this chapter and are not
detrimental to neighboring properties.
B.
Authorization. The special uses listed in this chapter may be permitted, enlarged or altered upon authorization by the Zoning Board. An application for a special use permit shall be made on the application form provided by the Town. Ten copies of the application and required information as set forth below and fee shall be submitted to the Zoning Inspector. The application shall be accompanied by a site plan prepared and certified by a licensed engineer, architect, landscape architect or surveyor, in accordance with § 280-53E. The Zoning Inspector shall refer the site plan to the Planning Board for review under Subsection C below.
C.
Site plan review by Planning Board.
(1)
With respect to an application for a special use permit, the Planning
Board shall make a written site plan review report on the proposed
project to the Zoning Board.
(2)
In preparing the site plan review report, the Planning Board shall consider the factors identified in § 280-53H and the following criteria:
(a)
Whether the proposed use and site conform to the Comprehensive
Plan.
(b)
Whether the project conforms to accepted design and aesthetic
principles.
(c)
The effect of the proposed use on the other properties in the
neighborhood, and whether it will materially affect the value of such
properties and the use and enjoyment of such properties by the occupants
and other effects of such use on the health, welfare and safety of
the occupants of such properties.
(3)
The site plan review report shall contain findings either recommending
approval, with or without conditions or modifications, or disapproval
of the site plan.
(4)
If the Planning Board shall recommend in its review report that the
site plan not be approved, a special use permit shall not be granted
by the Zoning Board except upon affirmative vote of at least four
of its members.
D.
Public hearing on a special use permit. Within 62 days of receipt
of a complete application, the Zoning Board shall consider the application
at a public hearing.
E.
Factors for consideration.
(1)
The Zoning Board review of an application for special use permit shall include, but is not limited to, the factors identified under § 280-53H and the following considerations:
(a)
The use will not be detrimental to or endanger public health,
safety, or the general welfare of the community.
(b)
The use will not compromise the use and enjoyment of other property
in the immediate vicinity, nor substantially diminish and/or impair
property values within the neighborhood.
(c)
The use will not hinder the normal and orderly development and
improvement of surrounding properties.
(d)
Adequate utilities, access roads, drainage accommodations, and
other necessary facilities are provided to serve the use.
(e)
Ingress and egress to and from the site are provided in such
a manner that no undue traffic congestion or hazard will be created.
(f)
The use shall conform in all other respects with the provisions
of this chapter and be consistent with the Comprehensive Plan.
(2)
The Zoning Board is encouraged to consult with engineers, consultants,
and Town and county officials and boards, as well as with federal
and state agencies, including the Soil and Water Conservation District,
the United States Army Corps of Engineers or the NYS State Department
of Environmental Conservation.
F.
Conditions. In permitting or amending a special use permit, the Zoning
Board may impose, in addition to standards and requirements specified
by the law, any recommendation made by the Planning Board in its site
plan report, and additional conditions which the Zoning Board considers
necessary to protect the interests of surrounding properties, the
neighborhood, and the Town. These conditions may include but are not
limited to increasing the required lot size or yard dimensions; limiting
the height or size of buildings; controlling the location and number
of vehicle access points; modifying street widths; modifying the number
of off-street parking and loading spaces required; requiring type
and quantity of lighting facilities to reduce off-site impacts; setting
appropriate days and hours of operation; requiring measures to address
potential stormwater, noise and odor impacts; limiting the number,
size and location of signs; and requiring fencing, screening, landscaping
or other facilities to protect nearby property. The Zoning Board may
require a letter of credit, bond or maintenance bond for a facility
or improvement that is indicated as part of the plan. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
G.
Action. The Zoning Board shall render a decision within 62 days from
the close of the public hearing. This time period may be extended
by mutual consent of the applicant and the Zoning Board. The decision
shall be filed in the office of the Town Clerk within five business
days after such decision is rendered, and a copy thereof mailed to
the applicant.
H.
Final site plan. A final site plan containing the conditions imposed
by the Zoning Board in the special use permit shall be submitted,
within 30 days of the filing of the Zoning Board's decision, to the
Zoning Inspector for review of compliance with the terms of the special
use permit. Unless provided otherwise in the special use permit, any
imposed condition shall be satisfied before the issuance of a building
permit.
I.
A special use permit or amendment to a special use permit shall become
null and void unless a certificate of occupancy is obtained within
two years of the filing of the decision granting the special use permit,
or, by conditions in the special use permit, a greater or lesser time
is specified as a condition of approval, or unless the approval, upon
good cause shown, is extended for a period of no more than one year.
J.
The Zoning Board, on its own motion, may revoke a special use permit for noncompliance with the approved site plan or conditions in the special use permit after first holding a public hearing and giving notice of such hearing as provided in § 280-50. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate a condition imposed by a special use permit.
A.
Purpose. The purpose of site plan approval review is to determine
that a proposed development is in compliance with the objectives of
this chapter, creates no unhealthful or unsafe conditions, and does
not adversely impact adjacent land uses or the health, safety or general
welfare of the community.
B.
Authorization. The site plan uses listed in this chapter may be permitted,
enlarged or otherwise altered upon authorization by the Planning Board.
C.
Optional sketch plan application.
(1)
The applicant may submit a sketch plan to the Planning Board for an informal discussion prior to submission of an application for site plan review under § 280-53E. Ten copies of the sketch plan and required information and fee shall be submitted to the Town Planner. The purpose of the sketch plan is to enable the applicant to describe the proposal, allow the Planning Board to review the design concept and advise the applicant as to any potential problems and concerns, and determine whether an application for site plan review under § 280-53E is required or whether site plan review may be waived under § 280-53D.
(2)
The sketch plan shall include:
(a)
Title of drawing, North arrow, date and scale.
(b)
Location of site with respect to existing roads, rights-of-way,
and access.
(c)
Location of all existing structures and proposed improvements
on the site and future use of the same.
(d)
Existing zoning classification of the property and all adjacent
properties, and restrictions on land use of the site, including deed
restrictions or easements.
(e)
Existing natural features on the site, including existing wooded
areas, watercourses, wetlands, drainage patterns and topography showing
existing contours at intervals of no more than 10 feet.
(f)
Contour intervals at 10 feet, including 200 feet of adjacent
property.
(g)
Relationship to adjacent properties, including parking and loading
areas, fences and landscaping.
(3)
The Planning Board may request additional information or suggest
changes in the sketch plan involving street layout, traffic patterns,
lot size or shape, lighting, landscaping, noise and odor abatement,
preservation of natural features or other matters which, in its opinion,
will improve the proposed site plan.
(4)
In the case of a PUD application pursuant to § 280-17, the sketch plan shall provide information necessary for the Planning Board to make a recommendation on the property rezone and for the Town Board to make a determination of significance under the SEQRA. The sketch plan application shall include, but not be limited to, information on the types and intensity of uses proposed; projected traffic and noise levels; demands on municipal services; on-site natural, historic or archeological resources; drainage patterns; and surrounding community character.
(5)
The Planning Board shall notify the applicant, in writing, of its
decision on the sketch plan.
D.
Waiver of site plan review. The Planning Board may, after review
of the sketch plan, waive the requirement for site plan approval for
a minor site modification when:
(1)
There are no alterations/impacts to unique environmental characteristics
on the site such as steep slopes, wetlands, watercourses or floodplains.
(2)
There is no extension or modification of public improvements or site
access.
(3)
The modification does not alter the essential character of the neighborhood
or negatively impact neighboring properties.
(5)
There is no alteration of the site drainage.
E.
Application for site plan approval. An application for site plan
approval shall be made in writing on the application form provided
by the Town. Ten copies of the application and required information
as set forth below and applicable fee shall be submitted to the Town
Planner. The application shall be accompanied by the following information,
as required by the Planning Board, prepared by a licensed engineer,
architect, landscape architect or surveyor, and certified by the seal
and signature of such professional:
(1)
An area map showing the applicant's property under consideration,
the applicant's entire adjacent holdings and all adjacent properties,
showing the relationship to adjacent parking and loading areas, points
of ingress and egress, lighting, fences and landscaping.
(2)
A grading plan showing existing and proposed contours at intervals
of not more than two feet.
(3)
An erosion and sedimentation control plan showing all soil areas
and their classification, and those areas, if any, with moderate to
high susceptibility to flooding, and moderate to high susceptibility
to erosion.
(4)
A stormwater pollution prevention plan in compliance with applicable
state and local regulations, including an evaluation of green infrastructure
measures.
(5)
A site plan including the following information:
(a)
Title of drawing, including name and address of applicant and
owners of record.
(b)
Name, stamp and signature of the licensed professional preparing
the map.
(c)
North arrow, scale and date showing when the plan/map was prepared
or revised.
(d)
Location map, preferably as an inset, showing location of the
site in relationship to adjacent roads, intersections and landmarks.
(e)
Boundaries of the property plotted to scale.
(f)
Existing natural features, including wooded/vegetated areas,
trees with a diameter greater than 12 inches, watercourses, wetlands,
drainage patterns and topography showing existing contours at intervals
of no more than five feet.
(g)
Location of rock outcrops, natural buffers, wooded areas, and
single trees with a diameter of 12 inches or more as measured three
feet above the base of the trunk and other significant existing natural
features which should be preserved to the maximum extent practical.
(h)
Location of all existing or proposed site improvements, including:
[1]
Existing and proposed buildings, showing setback dimensions
from property lines and gross floor area of each structure.
[2]
Existing and proposed parking areas, showing internal street
pattern, highway access and existing/proposed easements;
[3]
Location and size of off-street loading facilities, with access
and egress drives thereto;
[4]
Location and size of outdoor storage, if any, and the method
of screening the storage area from view;
[5]
Stormwater management facilities, culverts, retaining walls,
and fences;
[6]
Landscaping plan and planting schedule, including green space
area calculation;
[7]
Description of method of sewage disposal and location of such
facilities;
[8]
Location and size of all signs;
[9]
Location and design of lighting facilities;
[10]
Location, if any, of waste storage and the method
of screening from view; and
[11]
Other elements integral to the proposed development
as considered necessary by the Planning Board.
(6)
Building elevation drawing (north, south, east, west) drawn at an
appropriate scale (1/8 inches equals one foot), including:
F.
Waiver of submission requirements. The Planning Board may waive a
submission requirement that it determines is not necessary for its
review or inappropriate to a particular application.
G.
Public hearing on site plan approval review. The Planning Board shall determine, based upon considering the factors contained in § 280-53H, whether a public hearing would be beneficial for its consideration of the application. A public hearing shall be held within 62 days of receipt of a complete application.
H.
Factors for consideration.
(1)
The Planning Board's review of an application for site plan approval
shall include, but is not limited to, the following considerations:
(a)
Full conformance of the site plan with the provisions of this
chapter, including site plan guidelines set forth in § 241-39.
(b)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, transit accommodations, and
traffic controls. Consideration will also be given to the project's
impact on the overall traffic circulation system of the neighborhood
and the Town.
(c)
Adequacy of fire lanes and other emergency zones, traffic circulation
and system of fire hydrants.
(d)
Adequacy and arrangement of pedestrian access and circulation,
including, but not solely limited to, separation of pedestrians from
vehicular traffic, control of intersections and overall pedestrian
convenience, including access and facilities for bicycles.
(e)
Location, arrangement, design and general site compatibility
of buildings, lighting and signs. As much as it is possible, consideration
should be given to noise sources, privacy, prevailing wind directions
and seasonal sun movements when locating structures, patios and open
spaces on parcels, exhaust fans and outdoor waste disposal locations.
(f)
Location, arrangement and setting of off-street parking and
loading areas.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping.
(h)
In the case of an apartment building, multiple-dwelling complex
or PUD, the adequacy of usable open space for playgrounds and informal
recreation.
(i)
Adequacy of provisions for the control of stormwater and drainage,
sanitary waste and sewage, water supply for fire protection and general
consumption, solid waste disposal and snow removal storage areas.
(j)
Protection of adjacent properties against noise, glare unsightliness
or other objectionable features.
(k)
Retention of existing trees and vegetation for protection and
control of soil erosion, drainage, natural beauty and unusual or valuable
ecology, and whether the impacts to sensitive environmental areas
have been avoided or minimized to the maximum extent practicable.
(l)
Necessary easements and/or construction of sidewalks or bikeways
consistent with the Comprehensive Plan.
(2)
The Planning Board is encouraged to consult with engineers, consultants,
and Town and county officials and boards, as well as with federal
and state agencies, including the Soil and Water Conservation District,
the United States Army Corps of Engineers or the NYS State Department
of Environmental Conservation.
I.
Conditions. In granting site plan approval, the Planning Board may
impose, in addition to standards and requirements expressly specified
by the law, additional conditions which the Board considers necessary
to protect the interests of surrounding properties, the neighborhood,
and the Town. These conditions may include but are not limited to
increasing the required lot size or yard dimensions; limiting the
height or size of buildings; controlling the location and number of
vehicle access points; modifying street widths; modifying the number
of off-street parking and loading spaces required; requiring type
and quantity of lighting facilities to reduce off-site impacts; setting
appropriate days and hours of operation; requiring measures to address
potential stormwater, noise and odor impacts; limiting the number,
size and location of signs; and requiring fencing, screening, landscaping
or other facilities to protect nearby property. The Planning Board
may require a letter of credit, bond or maintenance bond for any facility
or improvement that is indicated as part of the plan. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
J.
Action. When a public hearing has been held under § 280-53G, the Planning Board shall render a decision within 62 days from the close of the public hearing. When a public hearing has not been held, the Planning Board shall render a decision with 62 days of the filing of the complete application. These time periods may be extended by mutual consent of the applicant and the Planning Board. The decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
K.
Final site plan. A final site plan containing the conditions imposed
by the Planning Board in the site plan approval shall be submitted,
within 30 days of the filing of the Planning Board decision, to the
Zoning Inspector for review of compliance with the site plan approval.
Unless provided otherwise in the site plan decision, any imposed condition
shall be satisfied before the issuance of a building permit.
L.
A site plan approval or amendment to site plan approval shall become
null and void unless a certificate of occupancy is obtained within
two years of the filing of the decision granting site plan approval
or, by conditions in the site plan approval, a greater or lesser time
is specified as a condition of approval, or unless the approval, upon
good cause shown, is extended for a period of no more than one year.
M.
The Planning Board, on its own motion, may revoke a site plan approval for noncompliance with the approved site plan or conditions in the site plan approval after first holding a public hearing and giving notice of such hearing as provided in § 280-50. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for a person to violate any condition imposed by a site plan approval.
A.
Where the conditions imposed by a provision of this chapter are less
restrictive than comparable conditions imposed by another provision
of this chapter or of any other local law, resolution or regulation,
the provisions which are more restrictive shall govern.
B.
The Zoning Board shall have the power to determine an interpretation
of any provision of this chapter.
A.
The Town Board, Zoning Board and the Planning Board are hereby authorized
to retain engineering consultants and/or such other expert consultants
as are determined to be necessary to enable the full performance of
the duties of the respective board relative to any matters before
either board.
B.
Payment for the services of such consultants and/or engineers is
to be made from funds deposited by the applicant with the Town in
escrow accounts for such purpose.
C.
It shall be the responsibility of the applicant to submit to the
Town, prior to the commencement of work associated with the application
before the board or at such other time as directed by the board, a
certified check in amounts equal to the estimate of the expert consultant
and/or engineer for the cost of services to be rendered to the Town.
This sum shall be released by the Town to the consultant or engineer
in payment for services rendered upon acceptance by the Town of services.
No building permit shall be issued for the construction, remodeling or rehabilitation of any building until all utilities and road improvements required by the Town Board, Zoning Board or Planning Board have been completed and accepted by the Town, except as may be otherwise authorized by Chapter 247, Subdivision of Land.
A.
No certificate of occupancy shall be issued for any building, except
a one- or two-family dwelling, without a certificate of an architect
duly licensed by the State of New York or other proof that the building
as constructed complies in all respects with the applicable requirements
of the NYS Uniform Fire Prevention and Building Code, and further
proof satisfactory to the Zoning Inspector of the issuance of approval
of water supply and sewage disposal facilities by all appropriate
regulatory agencies having jurisdiction and whose approval is required
by law.
B.
The architect or professional engineer whose seal and signature appear
on the drawings for buildings or structures other than one- or two-family
dwellings, or his designated representative, shall be responsible
for making periodic visits to the construction site to familiarize
himself with the progress and quality of the construction, and to
determine, in general, if the construction is proceeding in accord
with the drawings, specifications and addenda thereto which have been
approved by the Building Department. The architect or professional
engineer shall file reports with the Building Department at regular
intervals indicating the times of such visits, the status of the construction
and of any defect or discrepancy between the actual construction and
the approved drawings and specifications affecting structural, fire,
health or safety which he may observe, and shall advise the Building
Department when such discrepancies have been corrected.
C.
Upon completion of the construction, the architect or engineer shall
file a certificate of the completion with the Building Department
stating that to the best of his knowledge the building or structure
has been completed in accord with the approved drawings, specifications
and addenda thereto, insofar as structural, fire, health and life
safety are concerned, or shall state any defects of which he is aware.
D.
A temporary certificate of occupancy shall be issued only in cases
of emergency or hardship and may not exceed six months in duration.
No more than three temporary certificates of occupancy may be issued.
A building shall be considered under construction and incomplete until
there is a complete exterior of a story other than a basement.
A.
Purpose. This chapter may be amended by changing the boundaries of
districts or by changing any other provision thereof, whenever the
public necessity and convenience and the general welfare require such
amendment, by following the procedures of this section.
C.
Application for an amendment to the Zoning Map. A property owner
or his agent may initiate a request for an amendment to the Zoning
Map by filing an application with the Zoning Inspector using forms
provided for such requests by the Town. Such application shall be
accompanied by a legal description of the property or properties affected,
a map showing the property or properties affected and all properties
within a radius of 500 feet of the exterior boundaries thereof, a
statement of the proposed use of the property if the zoning change
is granted and a filing fee as required in the fee schedule established
by Town Board resolution.
D.
Public hearing on amendment. A public hearing shall be held by the Town Board before an amendment is permitted to the text of this chapter or the Zoning Map. Notice of the hearing shall be provided as required in § 280-50.
E.
Referral to Planning Board. The Town Board shall refer all applications
for a zoning amendment to the Planning Board, when such was not initiated
by such Board or the Zoning Board, for review and recommendation.
The Town Board may also specify the time limit on the review by the
Planning Board.
F.
Hearing before Town Board. In no case shall an amendment or change
be considered by the Town Board until all provisions of this chapter
have been met. If the Town Board proposes to adopt an amendment that
is substantially altered from the recommendation of the Planning Board,
the Town Board may refer the proposed amendment back to the Planning
Board for report and recommendation before adoption.
G.
Time of and notification of decision. The Town Board shall render
a decision on the application for amendment to the Zoning Map within
62 days after the public hearing required herein has concluded. The
Town Board shall notify the applicant for amendment to the Zoning
Map, in writing, of the Town Board's decision within five days after
the decision has been rendered.
H.
Records of amendments. The Town Clerk shall maintain separate files
and records of each amendment to the Zoning Map or this chapter, which
shall be open to public inspection upon request.
A.
Penalty. A violation of this chapter is hereby declared to be an
offense punishable by a fine not exceeding $350 or by imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for 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 by 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 $700
nor more than $1,000 or by imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate additional violation.
B.
Alternative penalty. In case of a violation of any provision of this
chapter or condition imposed by the Planning Board or Zoning Board
in addition to the penalties herein provided, the Town Board may institute
any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, to restrain,
correct or abate such violation, to prevent the occupancy of such
building, structure or land and to prevent any illegal act, conduct
or business use in or about such premises.
