This law repeals, supersedes and replaces Chapter
140, Zoning, of the Code of the Town of Milo that was adopted on November 1, 1974, as well as its subsequent amendments.
The provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety and
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted local
rules, regulations, statutes or ordinances, the most restrictive thereof,
or those imposing the highest standards, shall govern. However, nothing
contained herein shall be deemed to limit the right to farm as set
forth in Article 25-AA of the Agriculture and Markets Law of NYS,
as currently in effect and as hereafter amended from time to time.
An owner shall be responsible for compliance with this chapter
regardless of any agreement between or among agents, lessors, operators,
occupants or persons as to which party shall be responsible.
The Code Enforcement Officer and/or designated approval authority,
as authorized by the Town Board, shall have the authority to obtain
the assistance from any Town department, agency or employee as may
be deemed necessary and appropriate under the circumstances. Furthermore,
the Code Enforcement Officer and/or designated approval authority,
as authorized by the Town Board, shall have the authority to obtain
the assistance from qualified consultants as may be deemed necessary
and appropriate under the circumstances. The owner shall pay any expense
incurred by the Town as it pertains to such assistance.
This chapter is not intended to annul or otherwise interfere
with any easement, covenant or other private agreement or legal relationship;
provided, however, that where the regulations of this chapter are
more restrictive or impose higher standards or requirements than such
easements, covenants or other private agreements or legal relationships,
the regulations of this chapter shall govern.
No permit or certificate issued pursuant to this chapter shall
be issued until all applicable fees and administrative costs have
been paid to this Town.
An application fee in the amounts set forth in a Fee Schedule
established from time to time by resolution of the Town Board shall
be submitted with the application.
Any payment of a fee or administrative cost to the Town is not
refundable regardless if a permit or certificate has been issued pursuant
to this chapter.
The failure of the owner to pay any fee, expense incurred by
the Town and/or penalty in connection with the administration and
enforcement of this chapter shall be assessed against the lot of record
that is subject to any action prescribed in this chapter and shall
be levied and collected in the same manner as provided in the Town
Law of the NYS, as currently in effect and as hereafter amended from
time to time, for the levy and collection of Town taxes or special
ad valorem levies.
The Town Board may, by resolution, authorize the Supervisor
of the Town to enter into an agreement, in the name of this Town,
with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any applicable law.