A. 
Notice of public hearing.
(1) 
Each notice of hearing upon an application for site plan review, the review of a variance application upon an appeal to the Zoning Board of Appeals, or any other public hearing required by this chapter, New York State Town Law or SEQRA shall be published once in the official newspaper of the Town and at Town Hall at least five and no more than 30 days prior to the date of the hearing.
(2) 
Such notice of hearing shall also be mailed by the Town to all landowners of all parcels located directly adjacent to and across a street or public right-of-way at least 10 days prior to the hearing date.
(3) 
The cost of the public hearing notice shall be included in the fee for the applicable review or permit. If subsequent, separate hearings are required by the reviewing board or requested by the applicant, the cost of additional notices and mailings shall be paid by the applicant prior to such notices being sent. This shall not include hearings held open or continued by the reviewing Board.
B. 
Referral to County Planning.
(1) 
Any variance application, site plan review or zoning change application within the following thresholds shall be referred to the Warren County Planning for their review and comment:
(a) 
Within 500 feet of the Town boundary.
(b) 
Within 500 feet of an existing or proposed county or state park or recreation area.
(c) 
Within 500 feet of a right-of-way of any existing or proposed parkway, thruway, expressway, road or highway.
(d) 
Within 500 feet of any existing or proposed county or state stream or drainage channel or easement.
(e) 
Within 500 feet of any existing public building or institution.
(f) 
Within 500 feet of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(g) 
Within 500 feet of the boundary of a farm operation located in an agricultural district as defined by Article 25-AA of the Agriculture and Markets Law.
(2) 
Within 30 days after receipt of a full statement of such referred matter, the Warren County Planning Board shall report its recommendations to the referring Town body. If the county fails to report within 30 days, the Town body may act without such report. If the county disapproves the proposal, or recommends modification thereof, the Town body having jurisdiction shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all the members thereof, and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(3) 
Within seven days after final action by the Town body, a report of said final action shall be filed with the Warren County Planning Board.
C. 
Referral to neighboring municipalities.
(1) 
The Town of Warrensburg shall give notice to an adjacent municipality when a hearing is held by such body relating to:
(a) 
The granting of a use variance on property that is within 500 feet of an adjacent municipality;
(b) 
Site plan review and approval on property that is within 500 feet of an adjacent municipality; or
(c) 
A subdivision review and approval on property that is within 500 feet of an adjacent municipality.
(2) 
Such notice shall be given by mail or electronic transmission to the Clerk of the adjacent municipality at least 10 days prior to any such hearing.
(3) 
Such adjacent municipality may appear and be heard.
D. 
Records to be retained. The original or a certified copy of all decisions, approvals, rulings and findings of the Zoning Board of Appeals or Planning Board under this chapter shall be promptly furnished by the Zoning Administrator to the Town Clerk within five days of the decision and retained as a permanent Town public record.
E. 
Assistance to boards. The Planning Board and Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. The Planning Board and Zoning Board of Appeals shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding the appropriation that may be made therefor by the Town Board.
F. 
Consultant review fees. The Planning Board and Zoning Board of Appeals may require an applicant for any review, permit or approval to deposit in escrow an amount established by the Planning Board or Zoning Board of Appeals to pay for the fees and/or costs of any engineer, consultant or attorney designated by the Planning Board to review such application, permit or approval. Any escrow agreement shall be approved by the Town Attorney. The fees and/or costs charged by such engineer, consultant, or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount remaining shall be returned to the applicant within 30 days of final action on the application.
G. 
SEQRA compliance. The Planning Board and Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
A. 
Zoning Administrator. The Zoning Administrator shall have the power and duty to administer and enforce the provisions of this chapter. The Zoning Administrator shall be appointed by, and may be removed at the pleasure of, the Town Board. An appeal from an action, omission, decision or rule by the Zoning Administrator regarding a requirement of this chapter may be made only to the Zoning Board of Appeals. The Town Board may appoint Deputy Zoning Administrators to exercise any or all of the duties of the Zoning Administrator.
B. 
Zoning Administrator duties. The Zoning Administrator shall have the authority to perform the following tasks:
(1) 
Administer, interpret, and apply the provisions of this chapter.
(2) 
Conduct preapplication meetings with the applicant, using checklists and/or instructional materials maintained by the Zoning Administrator.
(3) 
Accept and review all land use and development permit and certificate of compliance applications.
(a) 
Determine completeness of the applications and compliance with the provisions of this chapter.
(b) 
Distribute applications to involved entities: fire, police, APA (where applicable), Town Attorney, and Town Engineer.
(c) 
Consult/coordinate with experts on technical review and field inspections conducted as part of the application process.
(d) 
Ensure compliance with SEQR.
(4) 
Have the authority to make inspections of buildings or lots necessary to carry out the application of this chapter.
(5) 
Provide notes and supplementary information to all boards as requested, answer questions regarding the proposed project application to the Planning Board and Zoning Board of Appeals.
(6) 
Certify code compliance letters. Conduct field inspections for issuance of the certificate of compliance, to determine whether the conditions of approval are met. Coordinate with Warren County Building Inspector for inspections.
(7) 
Receive complaints of zoning violations from residents using affidavit if possible. Investigate alleged violations of this chapter. Keep an inventory of said violations including dated photographs and/or other evidence in the appropriate file.
(8) 
Notify landowners of zoning violations. Assist landowner to attain compliance with appropriate alternative procedure, appeals, or any other administrative remedies necessary.
(9) 
Coordinate the enforcement of this chapter with the enforcement of other related land use statutes and codes by active cooperation with other appropriate agencies. Testify, as necessary, at public and judicial hearings.
(10) 
Ensure compliance with other ordinances per Town Board's direction (i.e., construction activities without a permit or violations of another code [stormwater, septic, local health code, junkyards, noise, etc.]).
(11) 
Refer all infractions outside of the purview of the Town to the appropriate agency: Warren County, DEC, APA, etc.
(12) 
Engage in periodic review of approved projects to determine whether the conditions of approval are being carried out.
(13) 
Consult with Town Attorney in cases where enforcement of this chapter conducted as part of the normal operation of the position is likely to create controversy or create a precedent for the future.
(14) 
Issue the appropriate land use and development permit when all provisions of this chapter are met. Maintain files of applications, interpretations, and violations. Master copies of these files are to be retained in office of Zoning Administrator at all times.
(15) 
Review permit applications for compliance with this chapter.
(16) 
Develop recommendations regarding zoning amendments, fee structures, and application forms; and may propose solutions to any problem encountered in administering this chapter.
(17) 
Create a written punchlist of approval conditions for applicant. Facilitate certificate of compliance with Warren County Building Department.
(18) 
The Zoning Administrator shall also maintain records, open to the public, including the Zoning Map, text, and office records. These records shall be kept up-to-date by recording all amendments and retaining all official documents. The Zoning Administrator shall also be responsible for the maintenance of files for all actions, applications, interpretations, permits, resolutions, complaints and violations and meeting minutes for the Planning Board and Zoning Board of Appeals. Master copies of these files are to be retained in Town Hall at all times.
(19) 
The Zoning Administrator shall not issue a certificate of compliance for the construction of any building or use of any property unless such building or use conforms to all laws and ordinances of the Town.
(20) 
The Zoning Administrator shall submit to the Town Board a written report summarizing for the month all land use and development permits issued as well as complaints of violations and any action taken as a result of such complaints.
A. 
General provisions.
(1) 
The Planning Board shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this chapter pursuant to state statute.
(2) 
The Planning Board shall consist of five members for consecutive five year terms. The members and the Chairperson of such Planning Board shall be appointed by the Town Board. In the absence of a Chairperson the Planning Board may designate a member to serve as Chairperson.
(3) 
The Town Board may provide for the compensation of Planning Board members. The Town Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
(4) 
Eligibility. No person who is a member of the Town Board or the Zoning Board of Appeals shall be eligible for membership on the Planning Board.
(5) 
Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Planning Board may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(6) 
Service on other Planning Boards. No person shall be disqualified from serving as a member of the Town Planning Board by reason of serving as a member of the Town or County Planning Agency.
(7) 
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
(8) 
Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training.
(9) 
Rules and regulations. The Planning Board may recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this chapter or any other statute, or under any code of the Town. Adoption of any such recommendations by the Town Board shall be by local law.
(10) 
Report on referred matters. The Town Board may seek input from the Planning Board where their input would help the Board make a more informed decision. The Town Board may by resolution provide for the referral of any matter or class of matters to the Planning Board before final action is taken thereon by the Town Board or other office or officer of the Town having final authority. The Town Board may further stipulate that final action shall not be taken until the Planning Board has submitted its report, or after the Planning Board has exceeded the time period set by the Town Board for the Planning Board to submit its report.
(11) 
Training and attendance requirements.
(a) 
Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Any member that has received training in excess of four hours in any one year may carry up to two credit hours over into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board.
(b) 
To be eligible for reappointment to such board, such member shall have completed the training.
(c) 
No decision of the Planning Board shall be voided or declared invalid because of a failure to comply with these training requirements.
(d) 
Training requirements may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
(12) 
Alternate members. The Planning Board shall be authorized to have up to two alternate members to serve in event of illness, unavailability or conflict of interest in the place and stead of any regular Planning Board member. An alternate Planning Board member shall act in such manner and for such term as provided by Town Law.
A. 
General provisions.
(1) 
Zoning Board of Appeals. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter.
(2) 
Appointment of members. The Town Board shall appoint a Board of Appeals consisting of five members for consecutive five-year terms and shall designate the chairperson thereof. In the absence of a chairperson, the Board of Appeals may designate a member to serve as acting chairperson. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose.
(3) 
Eligibility. No person who is a member of the Town Board or the Planning Board shall be eligible for membership on such Board of Appeals.
(4) 
Training and attendance requirements.
(a) 
Each member of the Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Any member that has received training in excess of four hours in any one year may carry up to two credit hours over into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board.
(b) 
To be eligible for reappointment to such board, such member shall have completed the training.
(c) 
No decision of a Zoning Board of Appeals shall be voided or declared invalid because of a failure to comply with these training requirements.
(d) 
Training requirements may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
(5) 
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
(6) 
Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training.
(7) 
Chairperson duties. All meetings of the Board of Appeals shall be held at the call of the chairperson and at such other times as such board may determine. Such chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.
(8) 
Alternate members. The Zoning Board of Appeals shall be authorized to have up to two alternate members to serve in event of illness, unavailability or conflict of interest in the place and stead of any regular Zoning Board of Appeals member. An alternate Zoning Board of Appeals member shall act in such manner and for such term as provided by Town Law.
[Amended 10-11-2023 by L.L. No. 2-2023]
A. 
It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or portion thereof, in violation of any provision of the Town of Warrensburg Zoning Regulations, or to construct, alter or use and occupy any building, structure or premises in a manner not permitted by or inconsistent with a permit, approval or variance issued pursuant to the aforementioned, or fail to comply with a notice, directive or order of the Zoning Administrator, Code Enforcement Officer or any agent thereof.
B. 
Any person who owns, controls or manages any building, structure or premises, and who shall fail to comply with a written directive, including a stop-work order of the Zoning Administrator, Code Enforcement Officer or any agent thereof with the time fixed for compliance, and any owner, builder, architect, contractor, subcontractor, construction superintendent or their agents, or any other person assisting in the construction or use of any building or structure, or in the land disturbance on or use of any premises who knowingly violates any of the applicable provisions of this chapter or any lawful order, notice, directive, permit, certificate, approval or variance issued hereunder shall be punishable as follows:
(1) 
Criminal sanctions. Criminal sanctions are as follows:
(a) 
First offense: fine not exceeding $350 or six months' imprisonment, or both.
(b) 
Second offense: fine of not less than $350 or more than $700 or up to six months' imprisonment, or both.
(c) 
Third offense or subsequent offense (if committed within five years of first offense): fine of not less than $700 or more than $1,000 or up to six months' imprisonment, or both.
[1] 
Every such person shall be deemed guilty of a separate offense for each week such violations, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purposes of this article.
[2] 
The Zoning Administrator or agent may commence criminal proceedings in the justice court by issuing an appearance ticket to any alleged violator and/or by filing any information and supporting deposition pursuant to the New York Criminal Procedure Law. Alternatively, the Zoning Administrator or agent, or the Town Board may request the District Attorney to prosecute the violation or to appoint an attorney as a special district attorney for that purpose.
(2) 
Civil penalties.
(a) 
As an alternative to criminal sanctions, the Town may institute proceedings for civil penalties in the amounts stated herein for each such violation:
[1] 
First violation: civil penalty not exceeding $350.
[2] 
Second violation (if committed within five years of first offense): civil penalty of not less than $350 or more than $700.
[3] 
Third violation or subsequent offense (if committed within five years of first offense): civil penalty not less than $700 or more than $1,000.
(b) 
Such fines or penalties may be compromised or released by the Town Board as a part of any disposition.
In the case of any violation or threatened violation of any provisions hereof, or the terms and conditions imposed by any permit, approval, variance or order issued pursuant to the provisions hereof, in addition to other penalties and remedies herein provided, the Town may institute any appropriate action or proceedings against the owner of the premises and/or any other responsible person to prevent such unlawful erection, structural alteration, reconstruction, occupancy, moving and/or use, to restrain, correct or abate such violation, to prevent or restrain the occupancy of such building, structure or land, to compel compliance with the provisions hereof and any permit, approval, variance, order or directive issued pursuant to it, and to prevent, restrain, correct or abate any illegal act, conduct, business or use in or about such premises. The alternative or additional remedy specified herein may be taken in addition to a proceeding for criminal sanctions or civil penalties. The Town Board may negotiate appropriate remediation and restoration measures by entering into an enforceable settlement agreement or consent order with any violator and/or owner, which may include payment by the violator and/or owner of a monetary penalty which may include exemplary or punitive damages, plus recovery of actual costs incurred by the Town in connection with the enforcement proceeding, including actual attorneys' fees, disbursements and, in appropriate cases, reimbursements for the actual costs to be incurred in rectifying any circumstance or condition necessary to restore the premises into compliance, all and any of which may, if not voluntarily paid by the violator and/or owner, constitute the basis of a lien charge attachable to the premises as a special assessment or charge assessable and collectable on the tax bill associated with the subject premises.
[Amended 10-11-2023 by L.L. No. 2-2023]
A. 
The Town Board for the Town of Warrensburg hereby grants the Zoning Administrator and Code Enforcement Officer plenary administrative responsibility to immediately suspend any continuing violations by posting a stop-work order on the premises wherein the violation has occurred.
B. 
Whenever the Zoning Administrator or Code Enforcement Officer has reasonable grounds to believe that work on any building, structure or development of any premises is being undertaken or continued in violation of the provisions of the applicable building laws or the provisions hereof, or other ordinances, rules or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued, or not in conformity with the terms or conditions of a permit, approval or variance, or in an unsafe and dangerous manner, he/she may not pursue enforcement unless first notifying the owner of the property, or the owner's agent, to suspend all work, and such persons shall forthwith stop such work and suspend all building and development activities until the stop order has been rescinded or superseded by a court order. Such order and notice shall be in writing, shall state the conditions under which the work or development may be resumed, and may be served upon a person to whom it is directed, either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building or premises where the work or development is being performed and sending a copy of the same to him or her by certified mail at the address set forth in the application for permission for the construction of such building or development of such premises.
C. 
Obtaining relief or release from any stop-work order may be obtained in the proper circumstances as follows:
(1) 
If all provisions hereof, together with all other reasonable conditions specified by the Zoning Administrator, Code Enforcement Officer or agent, are satisfied, and thereafter by resolution of the Zoning Board of Appeals, an authorization of release or lifting of a stop-work order may occur.
(2) 
Except in matters pertaining to violations of requirements imposed by site plan review, if a variance is granted by the Zoning Board of Appeals granting permission to maintain violations specified on a stop-work order and to continue such circumstances as thereafter allowable, the administrative determination of the Zoning Administrator, Code Enforcement Officer or agent shall conform or terminate the stop-work order in accordance with the requirements mandated by the Zoning Board of Appeals.
[Amended 10-11-2023 by L.L. No. 2-2023]
Processing and review of any application pursuant to the provisions hereof may be suspended and the application deemed incomplete with written notice to the applicant if a stop-work order has been issued by the Zoning Administrator, Code Enforcement Officer or agent, other written notice of an alleged violation has been delivered to the property owner or applicant, or a criminal or civil criminal action commenced against the property owner, applicant or other responsible person for alleged violations of law related to the activity for which the permit is sought or for alleged violation of the provisions hereof related to the site. Such suspension of application processing may remain in effect pending final resolution of any enforcement action by an order of court or by a negotiated settlement of the pending violations between the responsible parties and the Town Board. In any appropriate case, the Zoning Administrator, Code Enforcement Officer or agent may suspend review of an application.
Any permit, variance or approval granted under the provisions hereof which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to diminish the penalties and remedies available to the Town under any enforcement provisions hereof.