A.
Notwithstanding any inconsistent provision of any local code, rule,
regulation, law or ordinance, any Town board or commission (reviewing
board) where a permit or approval is required by local law, rule,
regulation or ordinance shall, before permitting use of or construction
on, under or adjacent to real property, require the applicant to deposit
funds with the Town sufficient to reimburse the Town for all reasonable
costs of planning, engineering, legal, architectural, accounting and/or
other consultants deemed appropriate by each reviewing board utilized
in connection with the review of any application. At the time of the
first hearing or appearance on the application, the reviewing board
shall fix the amount of the initial deposit (escrow) to be made by
the applicant. The Town's consultants shall invoice the Town
no less frequently than monthly for services in reviewing each application
and performing their duties with respect to such application. If at
any time during the review process the amount of the escrow account
falls below 50% of the initial escrow (as determined by the reviewing
board), then the applicant shall be required to submit an additional
deposit to bring the total escrow up to the full amount of the initial
deposit (as determined by the reviewing board) unless the reviewing
board otherwise waives such requirement.
B.
In the event the amount held in escrow by the Town is more than the
amount of the actual billing or invoicing, the difference between
such amount and the actual billing or invoicing shall be promptly
refunded to the applicant after final action is taken on the application.
C.
In the event the amount of escrow is less than the full amount actually
charged by the Town's consultants, the applicant shall promptly
pay any remaining balance.
D.
The applicant will not receive final approval until any remaining
balance is paid. Applicant may receive conditional approval pending
payment of balance.
B.
No certificate of occupancy shall be issued by the Building Code/Town
Code Enforcement Officer, and no permit or license for any purpose
shall be issued by any official of the Town of Catskill, if the same
would be in conflict with the provisions of this chapter.
C.
Cease and desist orders. The Building Code/Town Code Enforcement
Officer shall have the authority to issue cease and desist orders
in the form of written official notices given to the owner of the
subject building, property, or premises, or to his agent, lessee,
tenant, contractor, or to any person using the land, building, or
premises where such violation has been committed or shall exist.
D.
The Town Board may from time to time, by resolution, establish fees
for activities that are regulated by the State Building Code and Town
of Catskill Code.
E.
All unpaid fees shall be relevied on the next Town bill against the
subject parcel.
Where a building permit has been issued, or upon an application
for a site plan review, a special use permit, a zoning permit or a
variance, the Building Code/Town Code Enforcement Officer or the duly
authorized representative shall have the right to enter and inspect
any building or upon any land which is the subject of the permit or
application at any reasonable hour in the course of their duties.
A.
No land shall be used or occupied and no building or structure hereafter
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the Building
Code/Town Code Enforcement Officer in accordance with the provisions
of this chapter.
A Zoning Board of Appeals is hereby created in accordance with
§ 267 of the Town Law of the State of New York. Said Board
shall consist of five members. The officers of the Board shall consist
of a Chairman, Acting Chairman and Secretary. The Zoning Board of
Appeals shall prescribe rules for the conduct of its affairs.
A.
Powers and duties. The Zoning Board of Appeals shall have all the
powers and duties prescribed by this chapter which are more particularly
specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including the determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
(2)
Variances.
(a)
Area variance.
[1]
An "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.
[2]
The Zoning Board of Appeals shall balance the interests of the
applicant and those of the neighborhood or community. The Board of
Appeals must consider the following five factors:
[a]
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;
[b]
Whether the benefit sought by the applicant can
be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[c]
Whether the requested area variance is substantial;
[d]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[e]
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.
[3]
In granting an area variance, the Zoning Board of Appeals shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time protect the character of the neighborhood and
the health, safety and welfare of the community.
(b)
Use variance.
[1]
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.
[2]
No such use variance shall be granted by the Zoning 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 for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[b]
The alleged hardship relating to the property in
question is unique and does not apply to a substantial portion of
the district or neighborhood;
[c]
The requested use variance, if granted, will not
alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
(c)
Imposition of conditions. The Zoning Board of Appeals shall,
in granting of both use variances and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of this
chapter, and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
B.
Application to the Zoning Board of Appeals.
(1)
Appeals from decisions made by the Building Code/Town Code Enforcement
Officer shall be filed with the Building Code/Town Code Enforcement
Officer and the Secretary of the Zoning Board of Appeals, in writing,
within 30 days of the date of the action specifying the grounds thereof.
(2)
A copy of deed is required for all subdivision, site plan, variance,
lot line and special use permit applications.
(3)
All applications for variances shall be filed with the Secretary
of the Zoning Board of Appeals, in writing, shall be made in a form
required by the Board and shall be accompanied by payment of a filing
fee of $25 and a plot plan, drawn to scale and accurately dimensioned,
showing the location of all existing and proposed buildings and structures
on the lot.
(4)
Decisions of the Zoning Board of Appeals shall be in writing and
shall specify the particular conditions for such approval or the grounds
for denial.
(5)
The Zoning Board of Appeals shall hold a public hearing on all appeals
or applications within 62 days of the filing of a complete and proper
appeal or application. The Board shall fix a reasonable time for the
hearing and give public notice of such hearing by publication in a
paper of general circulation in the Town at least five days prior
to the date thereof. The applicant shall notify, by certified mail
(return receipt requested) postmarked at least 15 days prior to the
date of the public hearing, all owners of properties within 300 feet
of the property which is the subject of the application. The return
receipts must be delivered to the Planning Board Secretary prior to
the start of the public hearing.
(6)
The costs of sending or publishing any notices relating to such appeal
shall be borne by the appealing party and shall be paid to the Board
prior to the hearing of such appeal. Upon the hearing, any party may
appear in person or by agent or attorney. The Board shall render its
final decision within 62 days after the conduct of said public 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.
(7)
The decision of the Board of Appeals 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.
(8)
Applications for a variance will not be approved if a violation of
Town Code or State Building Code exists at the parcel or parcels which
are the subject of the proposed application or real property taxes
are delinquent regarding said parcel or parcels.
