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:
(1) 
Amendments to the Zoning Map (re-zoning);
(2) 
Amendments to the text of this chapter; and
(3) 
Planned Unit Development Districts.
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 five members appointed by the Town Board.
(2) 
Removal of members, alternates, and vacancies shall be addressed as provided for in the NYS Town Law.
(3) 
The Planning Board may employ clerks, experts, and secretaries as necessary, subject to appropriations made by the Town Board.
C. 
Terms of office.
(1) 
In order to provide the people of the Town of Clarkson a more frequent opportunity to serve on such an important Board in the Town of Clarkson, which Board affects the lives and property of many residents, the Town Board has determined to exercise the authority given to it under the laws of the State of New York to amend the Town Law to reduce the duration of the terms during which a Planning Board member holds office. It is the intent of this article to supersede the provisions of § 271, Subdivisions 4 and 5, of the New York State Town Law.
(2) 
Any person appointed as a member of the Planning Board by the Town Board of the Town of Clarkson after the effective date of this article shall serve for a term ending on the third December 31 from the date of appointment.
D. 
Board member training. Members of the board shall receive training each year to satisfy the requirements set forth in NYS Town Law.
E. 
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.
F. 
Minutes. The duly designated secretary or clerk shall keep minutes of all proceedings before the Planning Board.
G. 
Power and duties. Pursuant to this chapter and NYS Town Law, the Planning Board is hereby authorized and empowered to perform the following:
(1) 
Review authority. The Planning Board shall be responsible for reviewing and making recommendations regarding the following:
(a) 
Amendments to the Zoning Map (re-zoning);
(b) 
Amendments to the text of this chapter; and
(c) 
Planned Development Districts.
H. 
Final authority. The Planning Board shall be responsible for final action regarding applications for the following:
(1) 
Site plan review; and
(2) 
Special use permits;
I. 
General authority. The Planning Board may exercise additional powers as directed by the Town Board and as may be described elsewhere in the Code of the Town of Clarkson, this chapter, and as permitted by NYS Town Law.
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) 
Removal of members, alternates, and vacancies shall be addressed as provided for in the NYS Town Law.
(3) 
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 Section 16-267-A.
G. 
Powers and duties. The ZBA shall have all the powers and duties prescribed by NYS Town Law, and by this article.
(1) 
Final authority. The ZBA shall be responsible for final action regarding the following:
(a) 
Variances;
(b) 
Administrative appeals;
(c) 
Sign permits; and
(d) 
Interpretation of any provision of this chapter.
(2) 
General authority. The ZBA may exercise additional powers as directed by the Town Board and as may be described elsewhere in this chapter and as permitted by NYS Law.
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 Chapter 52 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 certified 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, 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.