[Amended 12-12-2007 by L.L. No. 8-2007]
A.
Building permits.
(1)
Building permits required. All persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Building Inspector for a building permit by filling out the appropriate application form and by submitting the required fee in accordance with the provisions of Chapter 83 of the Code of the Town of LaGrange.
(2)
Building permit types. Under the terms of this chapter,
the following classes of building permits may be issued:
(a)
Permitted use. A building permit for a permitted use may be issued by the Building Inspector on his own authority upon review of and compliance with Chapter 83 of the Code of the Town of LaGrange.
(b)
Special use. A building permit for a special use may be issued by the Building Inspector upon receipt of written approval by the Planning Board and upon review of and compliance with Chapter 83 of the Code of the Town of LaGrange.
(c)
Building permit after an appeal or a request for a variance. A building permit may be issued by the Building Inspector upon the order of the Zoning Board of Appeals and after a public hearing held by the Zoning Board of Appeals for the purpose of deciding upon the appeal or a request for a variance and after the Building Inspector has reviewed the application after the Zoning Board of Appeal's decision to assure compliance with this chapter and upon review of and compliance with Chapter 83 of the Code of the Town of LaGrange.
B.
Certificates of occupancy and certificates of compliance. Certificates of occupancy and certificates of compliance shall be required and issued in accordance with the provisions of Chapter 83 of the Code of the Town of LaGrange.
C.
No building permit, certificate of occupancy or certificate
of compliance shall be issued unless all the provisions of this chapter
have been complied with.
[Added 5-23-2018 by L.L.
No. 6-2018; amended 8-22-2018 by L.L. No. 11-2018]
The Building Inspector shall issue all zoning permits. Zoning permits are required for all uses of land or improvements allowed under this chapter, where such uses do not require the issuance of a building permit under Chapter 83 of the LaGrange Town Code, or under the provisions of this section. Uses of land and improvements which require distinct permits or approvals under this chapter do not require the issuance of a zoning permit. Examples of uses of land or improvements which require a zoning permit are as follows: a) accessory buildings under 120 square feet under § 240-47 of this chapter; b) keeping of farm animals on property in excess of 10 acres under § 240-58 of this chapter; and c) erection of fences not exceeding maximum height.
[Amended 12-12-2007 by L.L. No. 8-2007]
This chapter shall be enforced by the Building
Inspector.
[Amended 12-12-2007 by L.L. No. 8-2007]
Whenever the Building Inspector has reasonable
grounds to believe that work on any building, structure or site is
being prosecuted in violation of the provisions of this chapter or
in violation of an approved site development plan approved pursuant
to this chapter, he shall notify the owner of the property, the owner's
agent or the person performing the work to suspend all work, and any
such persons shall forthwith stop such work and suspend all building
activities until the stop-work order has been rescinded. Such order
and notice shall be in writing, shall state the conditions under which
the work 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 under construction
and sending a copy of the same by registered mail.
[Amended 4-25-2007 by L.L. No. 1-2007; 12-12-2007 by L.L. No.
8-2007]
The Building Inspector or any other code enforcement personnel, as defined in Chapter 83, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
[Amended 12-12-2007 by L.L. No. 8-2007]
A.
Purpose. Administration of this chapter pertaining
to nonresidential uses and pertaining to the establishment or change
of each particular separate business, trade, office, industry, institution
or other nonresidential activity, including the change of owner, operator
or name of any established nonresidential activity, requires a means
for monitoring and enforcement of continuing compliance. That means
shall be the use permit prescribed in this section.
B.
Use permit required. A use permit shall be required
before the establishment or change of any nonresidential use or activity,
including the change of the owner, operator or name of any business,
trade, office, industry, institution or other nonresidential activity.
C.
Application and review. The owner or operator shall apply to the Building Inspector for a use permit on a form prescribed by the Building Inspector. There shall be a use permit application fee. The amount of the fee shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board. The Building Inspector shall review the application to determine whether the business, trade, office, industry, institution or other nonresidential activity complies with this chapter, including compliance with the current site plan approved for the site, if any. The Building Inspector shall also determine whether new or amended site plan approval is necessary prior to the issuance of a use permit. If such approval is necessary, the Building Inspector shall instruct the applicant to apply to the Planning Board for site plan approval pursuant to § 240-72 of this chapter. The Building Inspector shall provide a written report to the Planning Board as to why such approval is necessary.
[Amended 7-22-2009 by L.L. No. 2-2009; 5-23-2018 by L.L. No. 6-2018]
D.
If the business, trade, office, industry, institution
or other nonresidential activity complies with this chapter and the
applicant is in compliance with the site plan for the site, if any,
a use permit shall be issued.
[Amended 5-23-2018 by L.L. No. 6-2018]
E.
No certificate of occupancy shall be issued for a
nonresidential structure unless a use permit has been issued pursuant
to this section.
F.
No temporary certificate of occupancy shall be issued
for a nonresidential structure unless a use permit has been issued
pursuant to this section.
G.
A use permit shall expire automatically upon the change
of business, trade, office, industry, institution or other nonresidential
activity, including the change of owner, operator or name of any established
nonresidential activity.
H.
Revocation or suspension of use permit. If the Building
Inspector determines that a use permit was issued in error because
of incorrect, inaccurate or incomplete information and if the relevant
deficiencies are not corrected to the satisfaction of the Building
Inspector within such period of time as shall be specified by the
Building Inspector, the Building Inspector shall revoke or suspend
such use permit.
A.
Violations and penalties. In case any building or
structure is erected, constructed, reconstructed, altered, converted,
located or maintained, or any building, structure, land or premises
is used in violation of this chapter or any regulation or requirement
made pursuant thereto, or under authority conferred thereby, in addition
to other lawful remedies, the Town Board or, with its approval, the
Building Inspector may, pursuant to § 268 of the Town Law,
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, alteration, repair, maintenance or use; to
restrain, correct or abate such violation; to prevent the occupancy
of such buildings, land or premises or to prevent any illegal act,
conduct, business or use in or about such premises. Any person or
corporation whether as owner, lessee, architect, or builder or the
agent or employee of any of them who violates or is accessory to the
violation of any provision of this chapter or any regulation made
under the authority conferred by this chapter or who shall erect,
construct, alter, enlarge, convert or move any building or structure
without a building permit or in violation or any statement or plans
submitted and approved under the provisions of this chapter, or who
shall use any building, structure or land in violation of this chapter
or any regulation made under authority conferred by this chapter or
in violation of the provisions of any building permit or certificate
of occupancy or without a building permit or certificate of occupancy
where one is required by this chapter shall be deemed to have committed
an offense, as defined in the Penal Law, and shall be liable for the
following penalties.
[Amended 11-14-2012 by L.L. No. 6-2012; 5-23-2018 by L.L. No. 6-2018]
(1)
Any
violation of this chapter is an offense punishable by:
(a)
A fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense;
(b)
A fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both, for conviction of a second
offense, both of which offenses were committed within a period of
five years; and
(c)
A fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both, upon conviction of a
third or subsequent offense, all of which offenses were committed
within a period of five years.
(2)
Each
week that a violation continues shall constitute a separate offense.
B.
Procedure for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted, or maintained or any building, structure, or
land is used in violation of this chapter or of any provision of this
chapter or law or regulation, the Town, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, or use to restrain, correct, or abate
such violation, to prevent the occupancy of said building, structure,
or land, or to prevent any illegal act, conduct, business, or use
in or about such premises. If the Town is successful in obtaining
preliminary and/or permanent injunctive relief, it shall be entitled
to an award by the court of its reasonable attorney's fees.
[Amended 11-14-2012 by L.L. No. 6-2012]
C.
Appearance tickets.
(1)
The Building Inspector, Fire Inspector, Deputy Building Inspector, Zoning Administrator, and any duly appointed deputy administrators of the Town of LaGrange, provided that they are employees of the Town of LaGrange, are authorized, in all instances in which such officials are empowered to enforce a law or ordinance of the Town of LaGrange, including but not limited to Chapter 240, to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law of the State of New York. Such appearance tickets shall be returnable within 30 days in the Town Justice Court for any violation of any provision of the Code of the Town of LaGrange under their respective jurisdictions.
(2)
The form of the appearance ticket issued by the Building Inspector, Fire Inspector, Deputy Building Inspector or Zoning Administrator and any duly appointed deputy administrators of the Town of LaGrange pursuant to this Subsection C shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York. The content of such appearance ticket and the method of prosecution thereunder shall at all times be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
D.
No building permit or certificate of occupancy shall be issued for
any use for a property where there is an existing violation of this
chapter. No certified municipal searches of the zoning or building
code status of a property shall be issued where there is an existing
violation. Further, upon receipt from the Building Inspector of a
written report of a violation, or receipt of an order to cease and
desist from a violation of this chapter, the Planning Board or the
Zoning Board of Appeals, as the case may be, shall not review, hold
public meetings or public hearings, and shall take no action regarding
an application for subdivision, special use permit approval, site
plan approval, area variance approval, use variance approval, or zoning
interpretation until notified by the Building Inspector that such
violation has been suitably cured or ceased by the applicant. The
respective applications shall be deemed incomplete during a period
of violation. However, the Planning Board or the Zoning Board of Appeals,
as the case may be, may, upon written recommendation of the Building
Inspector, review and act on an application involving property for
which there is a violation where such application is a plan, independent
of a larger project, to cure the violation and bring the property
or use of the property into compliance with this chapter.
[Added 12-14-2016 by L.L.
No. 12-2016; amended 5-23-2018 by L.L. No. 6-2018]
Fees shall be paid at the office of the Zoning
Administrator or Building Inspector upon the filing of an application.
Fee schedules are available at the Town Hall as adopted by the Town
Board.
[Amended 8-26-2015 by L.L. No. 1-2015]
A.
Where the Town Board, Planning Board or the Zoning Board of Appeals
uses the services of private engineers, attorneys or other consultants
for purposes of engineering, scientific, land use planning, environmental,
legal or similar professional reviews of the adequacy or substantive
aspects of applications, or of issues raised during the course of
review of applications, for special permit approvals, site plan approvals,
subdivision approvals, use or area variances, appeals to and requests
for interpretation by the Zoning Board of Appeals, applications for
rezoning of parcels to accommodate site-specific land development
proposals or otherwise, open development areas, applications for permits
to extract topsoil or natural resources, or for any other or ancillary
land use or development permits or approvals required under the Town
Code, or to assist in assuring or enforcing an applicant's compliance
with the terms and conditions of all the aforementioned administrative
and legislative permits or approvals, the applicant and landowner,
if different, shall be jointly and severally responsible for payment
of all the reasonable and necessary costs incurred by the Town for
such services. In no event shall that responsibility be greater than
the actual cost to the Town of such engineering, legal or other consulting
services.
[Amended 12-14-2016 by L.L. No. 15-2016; 5-23-2018 by L.L. No. 6-2018]
B.
The Town Board, Planning Board, or Zoning Board of Appeals may require
advance periodic monetary deposits to be held by the Town of LaGrange
on account of the applicant or landowner to secure the reimbursement
of the Town's consultant expenses. The Town Board shall establish
policies and procedures for the fixing of escrow deposits and the
management of payment from them. After audit and approval of itemized
vouchers, by the Town Comptroller as to reasonableness and necessity
of the consultant charges, based in part upon recommendation of the
Administrator of Planning and Public Works, the Town may make payments
from the deposited funds for engineering, legal or consulting services.
Upon receipt of request by the applicant or landowner, the Town shall
supply copies of such vouchers to the applicant and/or landowner reasonably
in advance of audit and approval, appropriately redacted where necessary
to shield legally privileged communications between Town officers
or employees and the Town's consultants. When it appears that there
may be insufficient funds in the account established for the applicant
or landowner by the Town to pay current or anticipated vouchers, the
Town shall cause the applicant or landowner to deposit additional
sums to meet such expenses or anticipated expenses in accordance with
policies and procedures established by the Town Board. No review shall
be undertaken by consultants on any matter scheduled before the Town
Board, Planning Board or Zoning Board of Appeals until the initial
escrow deposit has been made, or until requested replenishment of
the escrow deposit has been made. No reviewing agency shall be obligated
to proceed unless the applicant is in compliance with escrow deposit
requirements.
C.
A consultant expense or part thereof is reasonable in amount if it
bears a reasonable relationship to the customary fee charged by engineers,
attorneys or planners within the region for services performed on
behalf of applicants or reviewing boards in connection with comparable
applications for land use or development. The Town may also take into
account any special conditions for considerations as it may deem relevant,
including but not limited to the quality and timeliness of submissions
on behalf of the applicant and the cooperation of the applicant and
agents during the review process. A consultant expense or part thereof
is necessarily incurred if it was charged by the engineer, attorney
or planner, or other consultant, for a service which was rendered
in order to assist in the protection or promotion of the health, safety
or welfare of the Town or its residents; to assist in the protection
of public or private property or the environment from potential damage
that otherwise may be caused by the proposed land use or development,
including but not limited to damage from uncontrolled surface water
runoff or other environmental factors; to assure or assist in compliance
with laws, regulations, standards or codes which govern land use and
development; to assure or assist in the orderly development and sound
planning of a land use or development; to assure the proper and timely
construction of public improvements, parks and other facilities consistent
with conditions of approval, which affect the public welfare; to protect
the legal interests of the Town, including receipt by the Town of
good and proper title to dedicated highways and other facilities,
to remedy correction of defects arising during any post-dedication
maintenance period; to avoid claims against and liability of the Town;
or to promote such other interests that the Town may specify as relevant.
D.
Upon request of the applicant or landowner, the Town Board shall
review and audit all vouchers and shall determine whether such engineering,
legal and consulting expenses are reasonable in amount and necessarily
incurred by the Town in connection with the review and consideration
of applications for land use or development approvals or for the monitoring,
inspection or enforcement of permits or approvals or the conditions
attached thereto. In the event of request, the applicant or landowner
shall be entitled to be heard by the Town Board on reasonable advance
notice.
E.
The owner(s) of the subject real property, if different from the
applicant, shall be jointly and severally responsible to reimburse
the Town of LaGrange for funds expended to compensate for services
rendered to the Town under this section by private engineers, attorneys
or other consultants. In order for a land use application to be complete,
the applicant shall provide the written consent of all owners of the
subject real property, both authorizing the applicant to file and
pursue land development proposals and acknowledging potential landowner
responsibility, under this section, for engineering, legal and other
consulting fees incurred by the Town. The applicant and the owner
shall remain responsible to reimburse the Town for its consulting
expenses notwithstanding that the escrow account may be insufficient
to cover such expenses. No plat or plans will be signed and no building
permit or other permit shall be issued until reimbursement of costs
and expenses determined by the Town to be due. In the event of failure
to reimburse the Town for such fees, the following shall apply:
(1)
The Town may seek recovery of unreimbursed engineering, legal and
consulting fees by action venued in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for the reasonable and necessary
attorney's fees expended by the Town in prosecuting such action.
(2)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of such engineering, legal and consulting fees expended
by the Town shall be remedied by charging such sums against the real
property that is the subject of the land development application,
by adding that charge to, and making it a part of, the next annual
real property tax assessment roll of the Town. Such charges shall
be levied and collected at the same time and in the same manner as
Town-assessed taxes and shall be applied in reimbursing the fund from
which the costs were defrayed for the engineering, legal and consulting
fees. Prior to charging such assessments, the owners of the real property
shall be provided written notice to their last known address of record,
by certified mail, return receipt requested, of an opportunity to
be heard and object before the Town Board to the proposed real property
assessment, at a date to be designated in the notice, which shall
be no less than 30 days after its mailing.
In addition to the list of Type I actions detailed
in 6 NYCRR Part 617.4, the following actions are also considered Type
I actions by the Town of LaGrange:
B.
Any proposed construction or proposed development in the following protective overlay zones shall be considered a Type I action: Stream Corridor Overlay Zone (§ 240-31B), Farmland Preservation Overlay Zone (§ 240-31C), Historic Overlay Zone (§ 240-31D), Scenic Overlay Zone (§ 240-31E) and the Ridgeline Protection Overlay Zone (§ 240-31F).
[Added 5-23-2018 by L.L.
No. 6-2018]
The following procedures are established for permitting signs:
A.
Permit application. Application for a sign permit shall be in writing
to the Building Inspector or Deputy Building Inspectors on forms prescribed
and provided by the Town. The sign permit application must be co-signed
by the owner of the real property where the sign is proposed. The
owner of the real property shall be jointly and severally responsible
for violations related to the sign or signs. The application for sign
permit shall indicate the owner's responsibility.
B.
Filing fee and deposit. A nonrefundable filing and administration
fee shall accompany all sign permit applications as specified in the
Town's fee schedule. A refundable deposit shall accompany all sign
permit applications for temporary signs requiring a permit as specified
in the Town's fee schedule. Said deposit shall be to guarantee removal
upon expiration of the permit or the period permitted for display
of the sign. If the sign is removed on or before the date required
for removal, the deposit shall be forfeited and used toward the cost
of gaining compliance.
C.
Within 30 days following the filing of a completed application for a sign permit and the payment of the required fee, the Building Inspector or Deputy Building Inspectors shall review the application to determine whether the proposed sign is in compliance with all the requirements of § 240-43 of this chapter.
D.
If the proposed sign is in compliance with all the requirements of
this chapter and is not related to a proposal otherwise undergoing
review by the Planning Board or is a business temporary sign, the
Building Inspector or Deputy Building Inspectors shall render a decision
on the issuance of a sign permit no later than 30 days after the application
is received. If the sign proposal is related to a matter under Planning
Board review, the Building Inspector or Deputy Building Inspectors
shall refer the application to the Planning Board for site plan review.
If the Planning Board approves the sign, it shall direct the Building
Inspector or Deputy Building Inspector to issue a permit for the sign.
E.
If the Building Inspector or Deputy Building Inspectors determines
that the proposed sign is not in compliance with all of the requirements
of this chapter he or she shall notify the applicant in writing that
the application has been denied and the reason(s) for the denial and
file a copy of the denial in the office of the Building Inspector
or Deputy Building Inspectors. The applicant may appeal the decision
to the Zoning Board of Appeals within 60 days of the filing of the
denial in the office of the Building Inspector or Deputy Building
Inspectors.
F.
Administration and enforcement; authorization. No sign, except for signs regulated by § 240-43F which are exempt from permit requirements, shall be erected, modified or displayed without a current valid permit or approval having first been granted by the Building Inspector or deputies of the Town of LaGrange. Applicants for site plan, special use permit or subdivision approval who intend to erect signs as part of the proposed project shall submit a separate application for a sign permit to obtain approval for any proposed signs. No approval for said signs shall be given by the Planning Board unless the permit procedures are followed, and no sign requiring a permit shall be erected, modified or displayed until a permit has been issued by the Building Inspector or Deputy Building Inspectors. At the sole discretion of the Town Board, the reasonable and necessary costs, including consultant costs and attorney fees, incurred for the removal of any sign pursuant to § 240-43C(14) of this chapter shall be charged against the real property from which the sign was removed by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. The process for cost recovery is set forth within Subsection I.
G.
Confiscation of signs. Any sign deemed to be in violation of the
code that is placed within the road right-of-way will be confiscated
and discarded without notice. Confiscated signs will not be retained
by the Town or returned to the owner of the sign or of the land from
which it was confiscated.
H.
Permit revocation and sign removal.
(1)
Violation. In the event of a violation of any provision of this chapter, the Building Inspector or Deputy Building Inspectors shall give written notice, by certified mail, return receipt requested, to the owner of the sign at the last known address of record and to the owner of the land upon which the sign is erected at the last known address of record specifying the violation and specifying that the sign must be modified within 15 days such that it conforms to the provision of this chapter or be removed. If the sign is not modified to conform to the provisions of this chapter within the allotted 15 days, the Building Inspector or Deputy Building Inspector is hereby authorized to revoke the sign permit, if any, and to remove or cause removal of such sign. The owner or tenant shall defray the Town's expenses incurred during removal, including consultant costs and attorneys' fees. The process for cost recovery is set forth within Subsection I.
(2)
Safety hazard. If the Building Inspector or a Deputy Building Inspector
finds that any sign regulated by this chapter is unsound or in any
way poses a potential safety hazard to the public, he or she shall
give written notice, by certified mail, return receipt requested,
to the owner of the sign at the last known address of record and to
the owner of the land upon which the sign is erected at the last known
address of record to repair or remove the sign within five days from
the date of the notice. If the sign is not removed or repaired within
the allotted five days, the Building Inspector or Deputy Building
Inspector is hereby authorized to revoke the sign permit, if any,
and to remove or cause removal of such sign. If emergent circumstances
warrant, the Building Inspector or Deputy Building Inspectors may
remove a hazardous sign without advance notice. For any sign summarily
removed without prior notice, the Building Inspector or Deputy Building
Inspectors shall provide written notice by certified mail, return
receipt requested, to the owner of the sign at the last known address
of record and the owner of the land upon which the sign was erected
at the last known address of record that the sign was removed because
it was a source of immediate peril to persons or property.
I.
Costs of removal of signs. At the sole discretion of the Town, the
reasonable and necessary costs incurred by the Town for removal of
any sign shall be charged against the real property from which the
sign was removed by adding that charge to and making it a part of
the next annual real property tax assessment roll of the Town. Such
charges shall be levied and collected at the same time and in the
same manner as Town-assessed taxes and shall be paid to the Town Clerk
to be applied in reimbursing the fund from which the costs of sign
removal were paid. Prior to charging such assessments, the owners
of the real property shall be provided written notice to their last
known address of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 14 days after its mailing.
The owner of the land, in addition to the tenant or owner of the sign,
shall be jointly and severally responsible for reimbursement of the
Town's expenses.
J.
Duration of sign permits. Signs shall be erected, modified or displayed
within 12 months following the issuance of a sign permit, otherwise
the sign permit shall be null and void.
