A.
Permit required. No building shall be constructed, erected or located,
no existing building shall be expanded or added to in any way that
would alter its exterior dimensions, and no use will be located, changed
or expanded relative to the area occupied or involved by such use
until a building/use permit therefor has been issued by the Enforcement
Officer.
B.
Application. There shall be submitted with all applications for a building/use permit those items of information and in the number set forth in § 306-36 of these regulations and such other information as may be necessary, in the judgment of the Enforcement Officer, to provide for the administration and enforcement of these regulations.
C.
Notification of determination. The Enforcement Officer shall review
the application and shall issue or refuse to issue the applied for
building/use permit or advise the applicant of any required additional
information or referral required within 10 working days of receipt
of the application. Notice of refusal to issue any permit shall be
given to the applicant in writing and shall state the reasons for
said refusal. Approval of the application shall be indicated by issuance
of the building/use permit.
D.
Duration of validity. A building/use permit issued under these regulations
shall be valid for a period of one year from the date of issuance.
In the event that development authorized by the permit has not been
commenced and diligently prosecuted within one year from date of issue,
the permit shall automatically lapse and be null and void, except
that the one-year limitation provided herein, upon written application
by the owner or agent stating reasons for delay, may be extended by
the Enforcement Officer for a period of one year. Any further applications
for extension must be reviewed by the Planning Board. The Planning
Board may extend the permit for such additional periods of time as
deemed appropriate.
A.
Certificate required. No project or action required to obtain a building/use
permit above shall be occupied, opened, put into operation or be deemed
complete and approved until a certificate of compliance shall have
been issued by the Enforcement Officer.
B.
Application. Application for a certificate of compliance shall be
made coincidental with any application for a building/use permit.
Such application shall be valid for the duration of the validity of
the permit.
C.
Notification of project completion. Upon completion of any project
or action for which a building/use permit and certificate of compliance
are required, it shall be the responsibility of the applicant to immediately
notify the Enforcement Officer of such project completion.
D.
Notification of determination. The Enforcement Officer shall inspect
each project or action for which a certificate of compliance is required
before issuing such certificate. A certificate of compliance shall
be issued only if the proposed use of the building, system or land
conforms to the provisions of these regulations and to the application
based on which the building/use permit was issued. Issuance of the
certificate or written notification of refusal to issue the same and
the reasons therefor are to be accomplished within 10 working days
from the date of notification of project completion.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.
Powers
and duties. The Planning Board shall have the following powers and
duties with respect to this chapter:
(1)
Approval or disapproval of site plans, special use permits and subdivisions.
(2)
Submittal of an advisory opinion to the Zoning Board of Appeals for
use and area variances.
(3)
Submittal of an advisory opinion to the Town Board for proposed amendments
to this chapter.
(4)
Attach conditions and restrictions to an approved site plan that
are reasonable, directly related and incidental to the site plan.
(5)
All other powers granted by state law and this chapter.
C.
Procedure.
(1)
The Planning Board shall act in strict accordance with the procedures
specified by this chapter.
(2)
All applications made shall be made in writing on forms provided
by the Town of Potsdam.
(3)
Every decision of the Planning Board shall contain a full record
of findings in the case.
(4)
The concurring vote of a majority of the full membership of the Planning
Board shall be necessary to approve site plans.
(5)
The Planning Board may provide advisory opinions in the form of a
positive recommendation or a negative recommendation and shall provide
to the Zoning Board of Appeals or Town Board a reasonable explanation
contained within the resolution in support of the Planning Board's
opinion.
(6)
The Planning Board may also withhold the submittal of an advisory
opinion in instances where the Planning Board lacks a proper motion
on which to vote.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
On application, the Planning Board may authorize the Enforcement
Officer to grant a special use permit for any use for which approval
of the Planning Board is required by these regulations.
B.
The process for consideration of a special use shall be as follows:
(1)
The nature and content of an application for a special use permit shall be as set forth in § 306-36A of this chapter. The Enforcement Officer shall determine the completeness of any application and shall notify the applicant within 10 working days of the date of submission if such application is incomplete or deficient in any way and shall further specify the deficiencies.
(2)
Where
any special use permit application involves lands within 500 feet
of an adjoining municipality, state or county property or right-of-way,
the application shall be referred to the St. Lawrence County Planning
Board and acted upon in accord with the requirements of the applicable
provisions of §§ 239-1 and 239-m of the General Municipal
Law.
(3)
The Planning Board shall schedule and hold a public hearing within
45 days of the date of submission of a complete application as reviewed
by the Code Enforcement Officer. Public notice of said hearing shall
be printed in a newspaper of general circulation in the Town at least
five days prior to the date of the hearing. The Code Enforcement Officer
shall, at least 10 days before such hearing, mail notices thereof
to the applicant and to those landowners adjacent to the property,
as well as any municipality within 500 feet.
(4)
Notwithstanding
any provisions of law to the contrary, where a proposed special use
permit contains one or more features which do not comply with the
zoning regulations, application may be made to the Zoning Board of
Appeals without the necessity of a decision or determination of the
Code Enforcement Officer.
(5)
The Planning Board shall consider the application and render its
decision within 45 days of the date of the hearing. These respective
time frames may be extended only by mutual written agreement between
the applicant and the Board.
(6)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit. Upon its granting of said special
use permit, any such conditions must be met in connection with the
issuance of permits by the Enforcement Officer.
(7)
Waiver
of requirements. The Town Board may further empower the Planning Board,
when reasonable, to waive any requirements for the approval, approval
with conditions, or denial of special use permit application submitted
for approval. Any such waiver, which shall be subject to appropriate
conditions set forth in the ordinance or local law adopted pursuant
to this section, may be exercised in the event any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular special
use permit.
(8)
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act, referred to in Chapter 148.
(9)
Notification
of the Planning Board's decision to authorize or deny the permit and
the reasons therefor will be given, in writing, to the Enforcement
Officer, a copy filed with the Town Clerk within five working days
of the date of the Board's decision and a copy of the Board's determination
furnished to the applicant by the Town Clerk.
[Added 2-10-2004 by L.L.
No. 1-2004]
A.
Purpose. It is the objective of this section to provide a process
for the examination, review and approval of site development plans.
The goal is to reduce impacts of a development on adjacent properties
and the community, to promote the orderly development of the area
and district, and to insure public safety.
B.
Uses requiring site plan review. The Town Planning Board is empowered to review and approve, modify or deny the issuance of any building or use permit for those uses required to have site plan review, as referenced in § 306-7 and notated on the Zoning Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Objectives. In considering and acting upon applications for site
plan review, the Planning Board shall consider the safety, health
and welfare of the public and may prescribe appropriate and reasonable
conditions as required in order to meet the intent of this chapter.
In particular, the Planning Board shall consider:
(1)
Traffic access. All proposed traffic access points, driveways and
interior streets and roads are adequate in width, grade, alignment
and visibility so as to promote the safe and efficient flow of traffic
between the parcel and the adjacent roads, or street(s) are situated
in a manner to promote pedestrian safety and minimize the number of
access points with highways. Shared driveways, shared access roads,
cross access (between adjoining parcels) and related measures are
to be encouraged.
(2)
Traffic circulation on the site. The interior circulation system
shall be adequate to provide safe and efficient access to off-street
parking areas and to the highway right-of-way. Traffic barriers, traffic
islands, directional signage, or other measures may be used to provide
for safe and efficient traffic circulation. Adequate fire lanes shall
be provided.
(3)
Landscaping and screening.
(a)
Landscaping and screening shall be used to improve the visual
character of a development by obscuring or softening incompatible
views, allowing for stormwater infiltration, and providing adequate
buffer areas between the development and adjacent parcels. Landscaping
and screening may include vegetative cover, including trees and shrubs,
earth contours, such as berms, or constructed materials, such as fences.
(b)
No landscape feature, including any fence, wall, and solid screen
or planting shall be so located as to impede visibility or otherwise
reduce traffic or pedestrian safety.
(c)
All disturbed soil areas shall be replanted or reseeded in an
appropriate fashion and maintained in a healthy growing condition.
(d)
Developments with parking lots over two acres in size shall
provide a landscaping plan incorporating landscaped traffic islands
designed to soften the overall appearance of the parking area.
(4)
Drainage. Stormwater drainage and snow storage, including roof drainage,
shall be according to acceptable standards. The Planning Board may
require curbing, storm basins, detention or retention ponds or other
site features in order to reduce or control runoff. Engineered drawings
or specifications showing the drainage plan may be required at the
request of the Planning Board. The Board may require appropriate temporary
measures to control erosion during construction. Permanent measures
may also be required to maintain water quality (such as sediment ponds,
oil and water separation, etc.) as appropriate.
(5)
Lighting. Outdoor lighting shall be installed in such a manner as
to adequately protect adjacent properties and traffic from excessive
glare and light pollution. The Planning Board may consider the height,
location, direction and style of lighting in the reduction of impacts
on adjacent properties. Lighting levels shall be adequate for safe
pedestrian and vehicle movement.
(6)
Signage. Consistent with the requirements of this Code, including § 306-9H, signage shall be of a type and location on the site to minimize impacts on the visibility of adjacent properties, allow for safe movement of pedestrians and vehicle traffic, particularly near intersections and rights-of-way, and provide a visual appearance consistent with the orderly development of the district.
(7)
Building design and location. The location of buildings, including
accessory buildings, shall be designed in order to promote the orderly
development of a parcel and the district, and be done in such a manner
as to not impede future orderly development of the parcel or the district.
Building design features, including facade, bulk and height, shall
be appropriate for their function and contribute to orderly development.
The design shall not unreasonably block or diminish another property's
access to sunlight, or air circulation, or public infrastructure.
(8)
Infrastructure. Infrastructure installed by the applicant with the
intention that post-construction ownership and/or maintenance would
become the responsibility of the Town, or infrastructure that may
have the reasonable expectation of becoming the Town's in the future,
shall be engineered and constructed to appropriate municipal standards,
as determined by the Town Planning Board and with consultation with
the Town Engineer or other authorized professional. As-built drawings
of the infrastructure shall be provided to the Town Clerk following
completion of the project.
(9)
Snow removal and storage. Adequate space shall be provided for snow
storage in a location which provides for traffic and pedestrian safety.
D.
Procedure. Site plan reviews shall be administered according to the
following procedure:
(1)
Administration.
(a)
The Enforcement Official shall determine that the general submission
requirements of any application for a use requiring site plan review
have been met and shall notify the applicant within a period of seven
business days of the date of the application's submission of any deficiencies
in the materials provided.
(b)
The Planning Board, or a subcommittee of the Planning Board,
may hold a preapplication conference with the applicant to review
the design concept and to determine the information to be required
for the final site plan. The applicant may also request a preapplication
conference.
(c)
Within 62 days of the date of an application for site plan review,
the Planning Board shall approve, approve with conditions, or deny
the application. An extension of the sixty-two-day period may be granted
with the mutual consent of the applicant and the Board. Failure by
the Planning Board to take action within the sixty-two-day period
or an extension shall result in the plan being approved.
(d)
Review of an application for site plan review and a determination
by the Planning Board may occur following a legally advertised public
hearing, at the discretion of the Planning Board, at which time the
applicant or representative and members of the public may comment.
Such hearing must be advertised not fewer than 10 days from the date
advertised.
(e)
Notice of the Planning Board's decision shall be given to the
Enforcement Officer, who shall issue a permit, a permit with conditions,
or a denial, per the determination of the Board.
(f)
A copy of the Planning Board's determination shall be attached
to the final site plan and filed with the Town Clerk, with a copy
provided to the applicant, upon request.
(g)
When the location and circumstances of the application require
a submittal to the County Planning Board, per § 239-m of
the General Municipal Law, the Enforcement Officer shall coordinate
the review procedures to provide for a timely review.
(2)
Required submissions. Unless waived by the Planning Board, the following
submittals are required as part of an application for site plan review:
(a)
An application with the name, address of the applicant, address
of the proposed project, and a description of the type and extent
of the proposed use.
(b)
A site plan drawn to scale, on a minimum eight-and-one-half-inch-by-eleven-inch
page with a scale, at minimum, of one inch equal to 20 feet, showing
the location and dimensions of existing and proposed structures, parking
areas (including the number of parking spaces and the location of
handicap designated spaces), signage, utilities, landscaping and the
dimensions of the parcel. The plan should also show the existing and
proposed contours, providing an indication of the proposed drainage
plan.
(c)
Building elevations drawn to a scale of at least one inch equals
10 feet.
(d)
A description and drawing of the signage, showing materials,
color, content details.
(e)
The Planning Board reserves the right to request, as part of
an application for site plan review, a site plan prepared and stamped
by a licensed engineer, architect or landscape architect, or other
documents or materials providing additional information on lighting,
traffic, drainage, or other conditions related to site plan review.
(3)
Conditions attached to the approval of site plans. The Planning Board
shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to an application
for site plan review. Upon its approval of a site plan application
any such conditions must be met in connection with the issuance of
permits by the Enforcement Officer.
(4)
Waiver of requirements. The Town Board may further empower the Planning
Board, when reasonable, to waive any requirements for the approval,
approval with conditions, or denial of site plan applications submitted
for approval. Any such waiver, which shall be subject to appropriate
conditions set forth in the ordinance or local law adopted pursuant
to this section, may be exercised in the event any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.
(5)
Application for area variance. Notwithstanding any provision of law
to the contrary, where a site plan application contains one or more
features which do not comply with the Town's zoning regulations, application
may be made to the Town Zoning Board of Appeals for an area variance
pursuant to § 267-b of General Town Law, without the necessity
of a decision or determination of the Enforcement Officer.
(6)
Compliance with SEQRA. The Planning Board shall comply with the provision
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law.
(7)
Court review. Any person aggrieved by a decision of the authorized
board or any officer, department, board or bureau of the Town may
apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceedings shall be
instituted within 30 days after the filing of a decision by such board
in the office of the Town Clerk.
(8)
Costs. Costs shall not be allowed against the Town Planning Board
unless it shall appear to the court that it acted with gross negligence,
in bad faith, or with malice in making the decision appealed from.
(9)
Preference. All issues addressed by the court in any proceeding under
this section shall have preference over all civil actions and proceedings.
[Amended 2-9-1993 by L.L.
No. 1-1993[1]]
A.
General provisions.
(1)
The Zoning Board of Appeals, as created and described in Chapter 51, § 51-3, shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these regulations. The Board shall conduct itself according to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Meetings. All meetings of the Board of Appeals shall be held
at the call of the Chairman and at such other times as a majority
of the members of the full Board may determine. All meetings of the
Board of Appeals shall be open to the public.
(b)
Records. The Board shall keep minutes of its proceedings, including
its examinations, findings and official actions, and shall record
the vote of each member upon every question put to vote or, if absent
or failing to vote, indicating such fact. All decisions of the Board
shall be recorded in the minutes, which shall fully set forth the
reasons for the decision of the Board and the findings of fact on
which the decision was based, and an appropriate record of every official
determination of the Board shall be on file in the office of the Town
Clerk.
(c)
Voting requirements. The concurring vote of a majority of the
full membership of the Board of Appeals shall be required to constitute
an official action by the Board. Where an action is the subject of
a referral to the county planning agency, upon denial of the application
by the same, a majority of the full Board plus one is needed for an
approval [Town Law § 267-a, Subdivision 13(a)].
(d)
Eligible applicant or appellant. An application or appeal to
the Board of Appeals may be initiated by any person or party aggrieved
under or with a legitimate interest in these regulations, including
the Town and its officials. An appeal for an interpretation or variance
may be made only after a determination and notification of action
taken by the Enforcement Officer or other body of original jurisdiction,
except where such appeal is instituted by an official of the Town.
(2)
Filing requirements. Every rule or regulation, every amendment or
repeal thereof and every order requirement, decision or determination
of the Board of Appeals shall immediately be filed in the office of
the Town Clerk and shall be a public record.
(3)
Assistance to Board of Appeals. The Board shall have the authority
to call upon any department, agency or employee of the Town for such
assistance as shall be deemed necessary and as shall be authorized
by the Town Board.
(4)
Hearing appeals. Unless otherwise provided by local law or ordinance,
the jurisdiction of the Board of Appeals shall be appellate only and
shall be limited to hearing and deciding appeals from and reviewing
any order, requirement, decision, interpretation or determination
made by an administrative official charged with the enforcement of
any ordinance or local law adopted pursuant to this article. The concurring
vote of a majority of the members of the Board of Appeals shall be
necessary to reverse any order, requirement, decision or determination
of any such administrative official or to grant a use variance or
area variance. Such appeal may be taken by any person aggrieved or
by an officer, department, board or bureau of the Town.
(5)
Time of appeal. Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the administrative officer charged with the enforcement of such
ordinance or local law by filing with such administrative official
and with the Board of Appeals a notice of appeal specifying the grounds
thereof and the relief sought. The administrative official from whom
the appeal is taken shall forthwith transmit to the Board of Appeals
all the papers constituting the record upon which the action appealed
from was taken.
(6)
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the administrative official charged
with enforcement of such ordinance or local law from whom the appeal
is taken certifies to the Board of Appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of the facts stated in the certificate, a stay would, in his or her
opinion, cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the administrative official from whom the appeal is taken
and on due cause shown.
(7)
Hearing on appeal. The Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and shall
give public notice thereof by the publication in a paper of general
circulation in the Town of a notice of such hearing, at least five
days prior to the date thereof.
(8)
Time of decision. The Board of Appeals shall decide upon the appeal
within 62 days after the conduct of said hearing. The time within
which the Board of Appeals must render its decision may be extended
by mutual consent of the applicant and the Board.
(9)
Filing of decision and notice. The decision of the Board of Appeals
on the appeal shall be filed in the office of the Town Clerk within
five business days after the day such decision is rendered and a copy
thereof mailed to the applicant.
(10)
Notice of park commission or planning agency. At least five
days before such hearing, the Board of Appeals shall mail notices
thereof to the parties, to the regional state park commission having
jurisdiction over any state park or parkway within 500 feet of the
property affected by such appeal, and to the county, metropolitan
or regional planning agency, as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
(11)
Compliance with State Environmental Quality Review Act. The
Board of Appeals shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in 6 NYCRR 617.
B.
Powers and duties. The Board of Appeals shall have all the powers
and duties prescribed by law and by these regulations. In particular,
the powers of the Board of Appeals are as follows:
(1)
Interpretations, requirements, decisions, determinations. The Board
of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as, in its opinion, ought to have been made in the
matter by the administrative official charged with the enforcement
of such ordinance or local law and, to that end, shall have all the
powers of the administrative official from whose order, requirement
or decision the appeal is taken.
(2)
Use variance.
(a)
The Board of Appeals, on appeal from the decision or determination
of the administration official charged with the enforcement of such
ordinance or local law, shall have the power to grant use variances,
authorizing a use of the land which otherwise would not be allowed
or would be prohibited by the terms of the ordinance or local law.
(b)
No such use variance shall be granted by the Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Board of Appeals that:
[1]
Under applicable zoning regulations, the applicant is deprived
of all economic use or benefit from the property in question, which
deprivation must be established by competent financial evidence.
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood.
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and, at
the same time, shall preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of an administrative official charged
with the enforcement of such ordinance or local law, to grant area
variances from the area or dimensional requirements of such ordinance
or local law.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall
not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and, at the same time, shall preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Board of Appeals shall, in the granting
of both the use variance and area variance, have the authority to
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property or the
period of time such variance shall be in effect. Such conditions shall
be consistent with the spirit and intent of the Zoning Ordinance or
local law and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
C.
Rehearing.
A motion for the Zoning Board of Appeals to hold a rehearing to review
any order, decision or determination of the Board not previously reheard
may be made by any member of the Board. A unanimous vote of
all members of the Board then present is required for such rehearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing, the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested in persons acting in good faith in reliance
upon the reheard order, decision or determination will not be prejudiced
thereby.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by Subsection A(8) of this section, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth above in this Subsection C, Rehearing.
D.
Appeal to Supreme Court.
(1)
Application to Supreme Court by aggrieved persons. Any person or
persons, jointly or severally aggrieved by any decision of the Board
of Appeals or any officer, department, board or bureau of the Town,
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Laws and Rules. Such proceeding shall be
instituted within 30 days after the filing of a decision of the Board
in the office of the Town Clerk.
(2)
Costs of appeal. Costs shall not be allowed against the Board of
Appeals unless it shall appear to the Court that it acted with gross
negligence or in bad faith or with malice in making the decision appealed
from.
(3)
Preference of appeal to Court. All issues in any proceeding under
this subsection shall have preference over all other civil actions
and proceedings.
(4)
Power of Court. If, upon the hearing at a Special Term of the Supreme
Court, it shall appear to the Court that testimony is necessary for
the proper disposition of the matter, it may take evidence or appoint
a referee to take such evidence as it may direct and report the same
to the Court with his or her findings of fact and conclusions of law,
which shall constitute a part of the proceeding upon which the determination
of the Court shall be made. The Court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review.
[1]
Editor's Note: This local law also provided, as Appendix A:
"'Use variance' shall mean the authorization by the Zoning Board of
Appeals for the use of land in a manner or for a purpose which is
otherwise not allowed or is prohibited by the applicable zoning regulations.
'Area variance' shall mean the authorization by the Zoning Board of
Appeals for the use of land in a manner which is not allowed by the
dimensional or topographical requirements of the applicable zoning
regulations."
[Amended 2-9-1993 by L.L.
No. 1-1993[1]]
A.
Amendments. The Town Board may, on its own motion, on petition or
on recommendation of the Town Planning Board, amend these regulations
pursuant to the applicable requirements of law.
B.
Referral to Planning Board. All proposed amendments shall be referred
to the Planning Board for a report and a recommendation. The Planning
Board may submit its report within 30 days after receiving such referral.
Failure of the Planning Board to report within the required time shall
be deemed to constitute its recommendation for approval of the proposed
amendment.
C.
Publication of meeting notice. At least 10 days prior to a public
hearing to consider zoning amendments, a notice of the time and place
of such hearing shall be published in a paper of general circulation
in such Town.
D.
Service of written notice. At least 10 days prior to the date of
the public hearing, written notice of any proposed regulations, restrictions
or boundaries of such districts, including any amendments thereto,
affecting property within 500 feet of the following shall be served
personally or by mail by the Town upon each person or persons listed
below:
(1)
The property of the housing authority erecting or owning a housing
project authorized under the Public Housing Law: upon the executive
director of such housing authority and the chief executive officer
of the municipality providing financial assistance thereto.
(2)
The boundary of a city, village or Town: upon the Clerk thereof.
(3)
The boundary of a county: upon the Clerk of the Board of Supervisors
or other persons performing like duties.
(4)
The boundary of a state park or parkway: upon the regional state
park commission having jurisdiction over such state park or parkway.
E.
Additional requirements. The procedural requirements set forth herein
shall be in addition to the requirements of the provisions of §§ 239-l
and 239-m of the General Municipal Law relating to review by a county,
metropolitan or regional Planning Board; the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations which are codified
in 6 NYCRR 617 and any other general laws relating to land use and
any amendments thereto.
F.
Public hearing. The public, including those served notice pursuant to Subsection D of this section, shall have an opportunity to be heard at the public hearing. Those parties set forth in Subsection D(1), (2), (3) and (4) of this section, however, shall not have the right of review by a court, as hereinafter provided.
G.
Vote. After the public hearing and referral to the Town Planning
Board, a majority vote of the members of the Town Board shall be required
to amend these regulations. In the case of a protest against such
change signed by the owners of 20% or more of the land area included
in the proposed change, such amendment shall not become effective
except by the favorable vote of a least 3/4 of the members of the
Town Board.
H.
Filing and effective date.
(1)
Upon adoption or approval of a modification to this chapter, the
Town Board must file a copy with the Town Clerk and must publish the
ordinance or amendment or a summary or abstract thereof in a newspaper
designated by the Town Board as having general circulation in the
Town.
(2)
The Town Board shall also file the law or amendment thereof with
the Office of the Secretary of State. The law or amendment shall take
effect upon filing with the Office of the Secretary of State or 10
days after publication of the amendment, whichever occurs later.
[1]
Editor's Note: Said local law also provided, as Appendix A:
"'Use variance' shall mean the authorization by the Zoning Board of
Appeals for the use of land in a manner or for a purpose which is
otherwise not allowed or is prohibited by the applicable zoning regulations.
'Area variance' shall mean the authorization by the Zoning Board of
Appeals for the use of land in a manner which is not allowed by the
dimensional or topographical requirements of the applicable zoning
regulations."
A.
Enforcement. These regulations shall be administered by a person
called the "Enforcement Officer," designated by the Town Board, who
shall not grant any permit or certificate where any proposed project
or installation would be in violation of any provision of these regulations.
The Enforcement Officer shall establish procedures and make inspections
as are necessary to carry out his duties in the administration and
enforcement of these regulations. Further, the Enforcement Officer
shall prepare and submit a written record and report of all official
actions, including permits and certificates issued and denied, to
the Town Board on a monthly basis or as otherwise directed by the
Town Board, with copies transmitted to the Planning Board and the
Board of Appeals.
B.
Citizen complaint. Any resident, property owner or other person of
legitimate interest may file with the Enforcement Officer a written
signed complaint against any alleged violation of these regulations.
It shall be the duty of the Enforcement Officer to investigate such
alleged violation and to report to the Planning Board and Town Board
in a timely manner, which report shall be filed and be part of the
public record of the Town.
C.
Notification and correction. Any building or use which does not comply
with these regulations shall be so recorded by the Enforcement Officer
and a report thereof filed with the Town Board. The Enforcement Officer,
at the direction of the Town Board, shall give official written notice
to this effect to the owner of record. The owner shall initiate measures
to correct such noncompliance within 30 days from the date of notification.
If, within this thirty-day period, application is not made to initiate
a process for correction and if thereafter such correction is not
pursued according to an agreed-upon timetable and to the satisfaction
of the Town Board, the Town Board shall instruct the Town Attorney
to institute proceedings to compel compliance and assess such penalties
as are provided for below in accord with the provisions hereinafter
set forth for the violation of these regulations.
D.
Violations and penalties shall be as follows:
(1)
Any person or persons who are responsible for any acts contrary to
the provisions of these regulations and who have not complied with
the direction to remedy such noncompliance shall be guilty of the
violation of these regulations and, upon conviction, shall be subject
to penalties.
(2)
Any person or persons who violate any provision of these regulations
shall, upon conviction for such violation, be subject to a fine not
to exceed $250 or imprisonment not to exceed 15 days, or both, for
each such violation; and every week (seven days) that said violation
continues shall constitute a separate and additional instance of violation.
(3)
In addition to the above-provided penalty and punishment, the Town
Board shall also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of these regulations.
A.
Appeal. All appeals for relief from the application of these regulations in matters of interpretation or request for variance shall be directed to the Board of Appeals, whose duties and procedure for consideration of appeal are as set forth in § 306-30 of these regulations. Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of these regulations or the Town Plan. In granting such variance, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.
B.
Court review. Any person or persons, jointly or severally aggrieved
by any decision of the Planning Board, Board of Appeals, Town Board
or any official instrument of the Town in the administration of these
regulations may apply to have the decision reviewed in the manner
provided by Article 78 of the Civil Practice Law and Rules, provided
that the proceedings are commenced within 30 days after the filing
of the decision in the office of the Town Clerk. Costs shall not be
allowed against the Town unless it appears to the court that the Town
or its representatives acted with gross negligence or in bad faith
or with malice in making the decision appealed from.
A.
Interpretation. Terms and words used herein are defined in § 306-35 of these regulations. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the most restrictive or that imposing the highest standard shall govern.
B.
Severability. The invalidity of any provision of these regulations
shall not invalidate any other provision thereof.
C.
Invalidity. No approval, permit or certificate authorized or granted
by an official of the Town in contradiction to the provisions of these
regulations shall vest any rights or interest to the recipient, irrespective
of any action taken or obligation incurred in reliance on such authorization,
nor shall the Town be liable for the same under any such invalid authorization.
D.
Liability. Nothing in these regulations, including the issuance of
a building/use permit, certificate of compliance, special use permit
or sign permit, shall be construed to ensure or in any way guarantee
any building, structure, improvement or installation against defect,
failure or other shortcoming, and the Town shall not be liable for
the same.
E.
Fees. A schedule of fees for the administration of these regulations
in consideration of an application for any building/use permit, certificate
of compliance, special use permit, sign permit, variance or amendment
shall be as established by resolution of the Town Board.[1]
[1]
Editor's Note: The current fee resolution is on file in the
office of the Town Clerk.
F.
Repealer. Any existing local ordinances, laws, statutes, resolutions
or regulations or portions thereof in conflict with the provisions
of this chapter are hereby repealed.
G.
Chapter of the Code of the Town of Potsdam. These regulations are included in the Code of the Town of Potsdam as Chapter 306, Zoning.
H.
When effective. The Town of Potsdam Zoning Regulations shall become
effective at the time and in the manner provided by law.
