A.
Establishment. For the purpose of promoting the health, safety, morals,
or the general welfare of the community, the Town Board is hereby
empowered under NYS Town Law to regulate and administer the provisions
of this chapter.
B.
Powers and duties. The Town Board shall have all the powers and duties
prescribed by NYS Town Law and this chapter. The Town Board shall
be responsible for final action regarding the following:
A.
Establishment. The Planning Board is established under the provisions
of NYS Town Law, and by this article.
B.
Membership and appropriations.
1)
The Planning Board shall consist of seven members appointed by the
Supervisor subject to the approval of the Town Board of Trustees.
2)
The members of the Planning Board as now constituted shall continue
in office until the expiration of their present terms. The terms of
the appointees shall be seven years.
3)
Removal of members, alternates, and vacancies shall be addressed
as provided for in the NYS Town Law.
4)
The Planning Board may employ clerks, experts, and secretaries as
necessary, subject to appropriations made by the Town Board.
C.
Board member training. Members of the board shall receive training
each year to satisfy the requirements set forth in NYS Town Law.
D.
Meetings.
1)
The Planning Board shall adopt rules for the conduct of its business
consistent with statute and this chapter.
2)
The Chair of the Planning Board, or in the Chair's absence the
Acting Chair, may administer oaths and compel the attendance of witnesses
in the manner and to the extent permitted by NYS Town Law and the
Civil Practice Law and Rules.
3)
The Planning Board may seek recommendations from other boards, commissions,
or agencies as it deems appropriate.
4)
Hearings and meetings shall be public, and decisions shall be voted
upon at public sessions. The Planning Board may otherwise hold executive
sessions in accordance with the NYS Open Meeting Law.
E.
Minutes. The duly designated secretary or clerk shall keep minutes
of all proceedings before the Planning Board.
F.
Power and duties. The Planning Board shall have all the powers and
duties prescribed by NYS Town Law, and by this article.
A.
Establishment. The Zoning Board of Appeals (ZBA) is established under
the provisions of NYS Town Law, and by this article.
B.
Membership and appointments.
1)
The ZBA shall consist of five members to be appointed by the Supervisor
subject to the approval of the Town Board of Trustees.
2)
The members of the ZBA as now constituted shall continue in office
until the expiration of their present terms. Each successor shall
be appointed for the term of five years.
3)
Removal of members, alternates, and vacancies shall be addressed
as provided for in the NYS Town Law.
4)
Town Board may appoint clerks, secretaries, or other employees serving
at its pleasure to assist the ZBA.
C.
Board member training. Members of the board shall receive training
each year to satisfy the requirements set forth in NYS Town Law.
D.
Meetings.
1)
The ZBA shall adopt rules for the conduct of its business consistent
with statute and this chapter.
2)
The Chair of the ZBA, or in the Chair's absence the Acting Chair,
may administer oaths and compel the attendance of witnesses in the
manner and to the extent permitted by NYS Town Law and the Civil Practice
Law and Rules.
3)
The ZBA may seek recommendations from the Planning Board and other
agencies as it deems appropriate.
4)
Hearings shall be public, and decisions shall be voted upon at public
sessions. The ZBA may otherwise hold executive sessions in accordance
with the NYS Open Meeting Law.
5)
Every decision of the Board shall be by resolution, each of which
shall contain a full record of the findings of the Board in the particular
case.
E.
Minutes. The duly designated secretary or clerk shall keep minutes
of all proceedings before the ZBA.
F.
Voting. The concurring vote of a majority of the members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the CEO or to decide in favor of the appellant on
any matter upon which it is required to pass under the terms of this
chapter or to affect any variation of this chapter, except in the
case of re-hearing as authorized by the NYS Town Law § 16-267-A.
A.
Administration. The duty of administering and enforcing the provisions
of this chapter is hereby conferred upon the CEO, who shall have such
powers as are conferred upon him/her by this chapter and as reasonably
may be implied therefrom. The CEO shall have such other and further
duties as may be assigned by the Town Board pursuant to this chapter
or otherwise.
B.
Violations and written orders. Where the CEO, in the course of his/her
duties, determines that any plans, buildings or premises are in violation
of the provisions of this chapter, he/she shall order the responsible
party in writing to remedy such conditions. Said written order shall
comply with the provisions of this chapter.
C.
Revocation of permits. On the serving of notice and failure to comply
with the time limits specified in such notice by the CEO to the owner
in any violation of any of the provisions of this chapter, any permit(s)
previously issued for such buildings or use shall be held null and
void. A new permit(s) shall be required for any further use of such
building or premises.
D.
Inspection and review. It shall be the duty of the CEO, or his/her
duly authorized assistants, to cause any plans, buildings or premises
to be examined or inspected to determine that they are not in violation
of the provisions of this chapter.
E.
Building permits. The CEO is hereby empowered to issue a building
permit for any plans regarding the construction or alteration of any
building or structures or part of any building, or the change in the
use of any land or building or part thereof, where he/she shall determine
that such plans are not in violation of the provisions of this chapter
and all other zoning approvals required by the Chapter have been obtained.
F.
Special use permits. Upon written direction of the Planning Board,
the CEO is hereby empowered to issue any special use permit provided
for by this chapter.
G.
Records. The CEO shall maintain a permanent record of all matters
considered and all action taken by him/her. Such records shall form
a part of the records of his/her office and shall be compatible with
Town Office records and available for the use of the Town Board and
other officials of the Town. The records to be maintained shall include
an individual permanent file for each application for a permit provided
for by this chapter, established at the time the application is made.
Said file shall contain one copy of the application and all supporting
documents, maps, and plans; notations regarding pertinent dates and
fees, and the like; one copy of the decision of the reviewing board
in acting on the application, as applicable; and the date the permit
applied for was issued or denied by the Code Enforcement Officer.
H.
Stop work orders.
1)
Whenever the CEO has reasonable grounds to believe that work on any
building, structure, or premises, irrespective of the zoning area,
is being prosecuted in violation of the provisions of the Town Code,
building codes, ordinances, rules or regulations, or not in conformity
with the provisions of an application, plans, or specifications on
the basis of which a building permit was issued or in an unsafe and
dangerous manner, notification shall be given to the owner of the
property or the owner's agent to suspend all work. The CEO, Town
Clerk, and Supervisor are authorized to provide such notification.
2)
Any person, corporation, or agency issued a stop work order shall
forthwith stop such work and suspend all building activities until
the stop order has been rescinded.
3)
The order and notice shall be in writing and shall state the conditions
under which the work may be resumed.
4)
The order and notice may be served upon a person or corporation to
which it is directed whether by delivering it personally or by posting
the same upon a conspicuous portion of the building under construction
and sending a copy of the same by registered mail to the permittee
or their designee.
I.
Right of entry.
1)
The CEO and all his/her duly authorized assistants shall be entitled
to enter any building or premises (which includes the internal premises
such as basement, etc.) for the purpose of inspection, observation,
measurement, testing and records examination in performing his/her
duties set forth in this chapter, and for the further purpose of ascertaining
whether the provisions of this chapter are being met and all requirements
are being complied with.
2)
Persons or occupants of premises to be entered shall allow the CEO
and/or his/her assistants ready access at all reasonable times to
all parts of the premises to carry out the actions specified herein.
3)
The CEO or any of his/her duly authorized assistants seeking to enter
private property pursuant to the provisions of this chapter may enter
such property on the consent of the owner or occupant. In the event
such consent is denied or if said CEO or assistant determines that
it is preferable to obtain a search warrant without first seeking
such consent, said CEO or assistant shall be entitled to obtain a
search warrant pursuant to the applicable provisions of law from a
court of competent jurisdiction to compel the owner or occupant to
permit immediate entry and inspection.
4)
Notwithstanding the provisions contained in the immediately preceding
paragraph,[1] in the event an emergency situation exists, said CEO and/or
assistants shall be entitled to immediately enter upon any private
property for the purposes set forth in this chapter either with or
without a search warrant.
[1]
Editor's Note: See § 325-67.4I3).
