The duty of administering and enforcing the provisions of this
Code is hereby conferred upon the Code Enforcement Officer. He shall
be appointed by the Town Board and receive compensation as the Town
Board shall determine.
The Building Inspector shall not issue a building permit unless
and until the Code Enforcement Officer has issued a zoning permit
or determined that a zoning permit is not required. No use or structure
shall be established or erected nor land developed until a zoning
permit has been issue by the Code Enforcement Officer, who shall issue
such permits in accordance with regulations in this Code.
A. Preapplication conference with Planning Board. Preapplication conferences
with the Town's Planning Board are encouraged for all applicants
seeking permits for nonresidential uses or nonfarm uses.
B. Application. All applications for zoning permits shall be in writing,
signed by the owner, on forms furnished by the Code Enforcement Officer
and shall be filed with the officer and briefly state:
(1) Nature and definite purpose of the building or use sought.
(2) Description of the property and buildings to be placed thereon.
(3) Statement of any restrictions by deed or other instrument of record.
(4) An agreement to comply with this chapter and all other laws, ordinances
and regulations that may be applicable.
(5) Such other information as the Town Board, the Board of Appeals or
Code Enforcement Officer may require.
(6) Evidence that application for sewage disposal permit from the New
York City Department of Environmental Protection, Bureau of Water
Supply, has been made.
C. Action. The Code Enforcement Officer shall act upon all applications
for zoning permits within 20 working days of the day of application.
Such official shall issue or refuse to issue such permits.
D. Refusal. Where the proposed construction, alteration or use of the
building or lot is in violation of any of the provisions of this chapter
or when a special permit or site plan approval is needed, the permit
shall not be issued. Such refusal shall be in writing, a copy of which
shall be sent to the applicant. Such refusal will enable the applicant
to submit an appeal to the Zoning Board of Appeals, or the Town Board
or Planning Board, as specified elsewhere in this chapter, for relief
from the Code Enforcement Officer's decision.
E. Term. A zoning permit shall become void 12 months from the date of
issuance unless substantial progress has been made since that date
on the project described therein; provided, however, that the permit
shall be renewed by the Code Enforcement Officer for an additional
12 months upon application therefor. Additional extensions shall be
subject to approval by the Zoning Board of Appeals.
F. Exceptions.
(1) Farm structures. No zoning permit shall be required for any farm building or use as defined in Article
II of this chapter.
(2) Maintenance and repair. No zoning permit shall be required for normal
maintenance and repair work, for painting, interior decoration, landscaping
and the construction of a structure, such as a utility shed or animal
shelter, where the total floor area is 144 square feet or less.
G. Environmental assessment. Until authorized by appropriate lead agency,
no building permit shall be issue for any proposed building or land
use which would require environmental assessment in accordance with
the State Environmental Quality Review Act of 1975 and any county or Town rules and regulations enacted pursuant
thereto. Such application shall be referred to the appropriate lead
agency for a determination as to whether an environmental impact assessment
will be required.
H. Fees. All fees shall be paid at the office of the Town Clerk upon
filing an application. Fees shall be in accordance with the Town of
Walton standard fee schedule.
The Zoning Enabling Laws require that any of the following local
zoning actions be referred to the County Planning Board prior to action
by the local board. Any proposal for a special permit, variance site
plan approval, change in the chapter text or map (rezoning, amending
and zoning law) which would affect the real property lying within
a distance of 500 feet from the boundary of:
D. Any existing or proposed county or state park;
E. Any right-of-way of any county or state road or parkway;
F. Any stream or canal owned by the county;
G. Any existing or proposed county- or state-owned land on which a public
building or institution is situated;
H. Any farm operation within an agricultural district must be referred
to the County Planning Board, which shall have 30 days from date of
county receipt to take action on the matter.
Any one or combination of the following three procedures may
be used in response to violations of this chapter:
A. Complaint of violations.
(1) Filing of complaint. A complaint of violation of this chapter may
be made by any resident, landowner or Town official, including the
Code Enforcement Officer. All such complaints must be in writing,
signed and shall be filed with the Code Enforcement Officer, who shall
properly record such complaint and immediately investigate to determine
the presence of a violation.
(2) Notice of violation. Whenever, in the opinion of the Code Enforcement
Officer, after examination and inspection, there appears to exist
a violation of any provision of this chapter, or of any rule or regulation
adopted pursuant thereto, the officer shall serve a written notice
of violation, either personally or by registered mail, to the owner
or occupant of the subject property. Such notice shall inform the
recipient of:
(a)
The nature and details of such violation, including a reference
to the provisions of this chapter allegedly being violated.
(b)
Recommended remedial action which, if taken, will effect compliance
with the provisions of this chapter and rules and regulations adopted
pursuant thereto.
(c)
The date by which the violation must be remedied or removed,
which shall be no less than 10 days from the date the notice is issued.
(3) Noncompliance. In case of noncompliance with the notice of violation
within the allotted time, the Code Enforcement Officer shall seek
the penalties permitted in this chapter through the Town Justice Court.
B. Stop-work order. Whenever the Code Enforcement Officer has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of this chapter, or not in conformity with
a zoning permit, the Officer shall notify the property owner, the
owner's agent or the person performing the work to suspend all
work. Any person shall forthwith stop such work and suspend all construction
activities until the stop-work order has been rescinded. A stop-work
order shall be made in writing, stating the nature of the violation,
citing the sections of this chapter allegedly being violated and stating
the conditions under which the work may be resumed. The order may
be served upon a person to whom it is directed either by delivering
personally to such person or by posting the order upon a conspicuous
portion of the construction site and sending a copy of the order by
registered mail.
C. In addition to other remedies, any action or proceeding may be instituted
in a court of competent jurisdiction to prevent construction, conversion,
alteration, use, maintenance, or occupancy of property in violation
of or compel compliance with this chapter. Such action may be commenced
by the Code Enforcement Officer, the Town Attorney, or by resolution
of the Town Board. Nothing in this section shall be deemed to preclude
the right of resident taxpayers to institute such proceedings in accordance
with the Town Law § 268.