A. 
The Town Board may on its own motion, on petition, or on recommendation of the Planning Board or Board of Appeals amend this part pursuant to the applicable requirements of law.
B. 
All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and a recommendation thereon. 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. 
Any proposed amendment governed by § 239-n of the General Municipal Law shall be referred to the St. Lawrence County Planning Board and, upon approval by the Adirondack Park Agency of the Town's local land use program or the portion of such program embodied by this part, any proposed amendment will be referred to the Adirondack Park Agency in accord with the procedure identified under § 105-49 below.
D. 
Before any amendment, there shall be a public notice and hearing thereon as provided by law.
E. 
After the public hearing, and referral to and any report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this part.
A. 
A public hearing shall be required prior to action on any amendment or variance considered under this part.
B. 
The Town Board shall hold any public hearing in consideration of any amendment to this part in accordance with the applicable provisions of law.
C. 
The Board of Appeals shall hold any public hearing in consideration of a request for any variance in accordance with the procedures set forth in Appendix A of this chapter[1] and the applicable provisions of law. In addition, the Board of Appeals may, at its discretion, hold a public hearing in the consideration of any other matter within its jurisdiction, including a request for interpretation or extension of time which it has been delegated to consider under this part.
[1]
Editor's Note: Appendix A, Board of Appeals, is attached to this chapter.
D. 
Public notice of any required public hearing will be advertised in a newspaper of general circulation in the Town at least five days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.
E. 
The instrument of the Town responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify, by certified mail or other acceptable means, adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.
F. 
The hearing shall be conducted in accord with any bylaws or guidelines governing or established by the appropriate board and any guidelines established by the presiding officer for consideration of the matter at hand. Any person or party of interest may appear in person or by authorized representative or counsel and shall be given an opportunity to be heard as it is relevant to the proceeding.
G. 
Pursuant to § 239-nn of the General Municipal Law, notice shall be given by mail or electronic transmission to the clerk of an adjacent municipality at least 10 days prior to any such hearing relating to:
(1) 
Issuance of a special use permit or granting of a use variance for property within 500 feet of the adjacent municipality;
(2) 
Site plan review and approval on property that is within 500 feet of the adjacent municipality; or
(3) 
Subdivision review and approval on such property within 500 feet of the adjacent municipality.
A. 
Upon receipt of application for preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats already filed in the office of the County Clerk, such plats shall be referred to the County Planning Board if the plat applies to real property within 500 feet of the following:
(1) 
The boundary of any city, village, or town; or
(2) 
The boundary of any existing or proposed county or state park or other recreation area; or
(3) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(4) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(5) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(6) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
B. 
Thirty-day review. The County Planning Board shall have 30 days after receipt of a preliminary plat or proposal to develop an undeveloped plat, or such longer period as may have been agreed upon by the County Planning Board and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the County Planning Board fails to report within such period, the Town Planning Board may take final action on the referred plat without such report. However, any County Planning Board report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Town Planning Board, shall be subject to the provisions of extraordinary vote.
C. 
At such time as this part may become part of an approved local land use program for the Town under the Adirondack Park Agency Act, any amendment or variance and all matters deemed to have a regional impact and classified as either Class A or Class B Regional Projects shall be referred to the Adirondack Park Agency in accord with the provisions for the administration of an approved local land use program as set forth in Appendix E of this chapter.[1] Until such time as this part becomes part of an Adirondack Park Agency approved program, the Town will administer the Building and Sanitary Regulations as herein provided and will notify any applicant of the need to comply with all applicable requirements of the Adirondack Park Agency Act.[2]
[1]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
[2]
Editor's Note: See Article 27 of the Executive Law.
A. 
Enforcement. This part shall be enforced by a person, hereinafter called the "Enforcement Officer," designated by the Town Board, who shall in no case grant any permit or certificate where any proposed project or installation would be in violation of any provision of this part. The Enforcement Officer shall establish such procedure and make such inspections as are necessary to carry out his duties in the administration and enforcement of this part. 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 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 this part. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report thereon to the 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 construction, improvement or installation determined to have been maintained, located, created or expanded which does not comply with this part 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 thereof. 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 in accord with the provisions hereinafter set forth for the violation of this part.
D. 
Violations and penalties shall be as follows:
(1) 
Any person or persons who are responsible for any acts contrary to the provisions of this part and who have not complied with the direction to remedy such noncompliance as provided for above shall be guilty of the violation of this part and, upon conviction therefor, shall be subject to the penalty provided hereinbelow.
(2) 
Any person or persons who violate or cause to be violated any provision of this part shall, upon conviction for such violation, be subject to a fine not to exceed $250, 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 may 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, this part.
A. 
Appeal. All appeals for relief from the application of this part 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 Appendix A of this chapter.[1] Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with this part, it may vary the Building and Sanitary 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 this part 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.
[1]
Editor's Note: Appendix A, Board of Appeals, is attached to this chapter.
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 this part, may apply to have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided the proceeding is 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 appear 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 Appendix D of this chapter.[1] In their interpretation and application, the provisions of this part shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare, and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Town require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this part. Whenever the requirements of this part are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standard shall govern.
[1]
Editor's Note: Appendix D, Definitions, is attached to this chapter.
B. 
Severability. The invalidity of any provision of this part shall not invalidate any other provision thereof.
C. 
Invalidity. No approval, permit or certificate authorized or granted by an official instrument of the Town in contradiction to the provisions of this part 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 same under any such invalid authorization.
D. 
Liability. Nothing in this part, including the issuance of a building/use permit, certificate of compliance or operating permit, shall be construed to insure 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 same.
E. 
Fees. A schedule of fees for the administration of this part in consideration of an application for any building/use permit, certificate of compliance, operating permit, variance or amendment shall be as established by resolution of the Town Board.
F. 
Effective date; repealer. This Part 2, the "Town of Colton Building and Sanitary Regulations," shall become effective at the time and in the manner provided by law. The Interim Building Permit Ordinance for the Town of Colton, New York, and any other existing Town ordinances, statutes, resolutions, regulations or laws in conflict with this part shall be deemed repealed upon the effective date of Part 2.
G. 
Continuation. Nothing herein, however, shall be deemed to exempt or release any prior or current project or improvement from any requirements, stipulations or pending actions under the Interim Building Permit Ordinance for the Town of Colton, New York, or any other Town requirements in force and effect prior to the effective date of this part.