A. 
Designation. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer appointed by the Town Board.
B. 
Duties.
(1) 
The Code Enforcement Officer shall make periodic inspections of any construction to ensure that the provisions of this chapter are being complied with in accordance with his approval.
(2) 
The Code Enforcement Officer shall keep a record of all approvals or rejections he may make pursuant to this chapter and such other records as the Town Board may require.
C. 
Authority. The Code Enforcement Officer is hereby empowered to inspect any building, other structure or tract of land and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to comply with such order. The Code Enforcement Officer may also issue appearance tickets, the purpose of which is to enable him to bring an alleged violator into court without the necessity of having a summons issued by the local court.
No development or improvement permitted by this chapter, including accessory and temporary uses, may be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed or removed and no building used, occupied or altered with respect to its use after the effective date of this chapter until a certificate of zoning compliance has been secured from the Code Enforcement Officer. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance or regulation in compliance with all of the terms of this chapter. Such applications shall be made in triplicate on forms designated by the Town.
A. 
No building or structure shall be erected, extended or structurally altered until a building permit therefor has been issued by the Code Enforcement Officer. All applications for such permits shall be in accordance with the State Uniform Fire Prevention and Building Code and/or any local codes and with all pertinent county health laws and regulations. Such applications shall be made in triplicate on forms designated by the Town. All commercial buildings constructed within the Town shall have a Knox-Box.
[Amended 4-24-2017 by L.L. No. 2-2017]
B. 
Each application for a building permit for a building shall be accompanied by a site drainage plan. The site drainage plan must be prepared by a licensed surveyor or engineer and must include first-floor elevations, final grading and drainageways. The Code Enforcement Officer may waive this requirement, provided that no alteration of existing drainage patterns will result from the placement of such building.
[Added 10-26-1998 by L.L. No. 1-1998; amended 12-13-1999 by L.L. No. 4-1999]
[Amended 4-24-2017 by L.L. No. 2-2017]
No land shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Enforcement Officer, stating that the buildings or proposed use thereof complies with the provisions of this chapter. No certificate of occupancy shall be issued to a commercial building unless it has a Knox-Box.
All applications for building permits or special permits, except for one- and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or general farming use, shall be accompanied by an approved site plan, as set forth under Article XII.
A. 
Operation and organization.
[Amended 5-24-2010 by L.L. No. 3-2010]
(1) 
The Zoning Board of Appeals, hereafter referred to herein as the "Board of Appeals," shall consist of five members and up to three alternate members appointed by the Town Board, who shall be constituted and empowered as set forth in § 267 of the Town Law, as amended from time to time, with the following exception. The alternate members shall also be authorized to participate not only in situations where one or more of the regular members of the Board of Appeals has a conflict, as provided for in the § 267 of the Town Law, but also where one or more members of the Board of Appeals are absent for any reason. All alternate members shall be entitle to participate in deliberations but the Chairman of the Board of Appeals shall designate at the beginning of the meeting as to which alternate member or members shall be entitled to vote if more alternate members are present than regular members are absent.
(2) 
The Town Board, as a condition of appointment, requires each Board of Appeal member, including alternate members, complete the training and continuing education requirements as set forth in the Town Law together with any additional training requirements adopted by the Town of Newstead.
(3) 
The regular members of the Board of Appeals shall be appointed for a term of five years from and after the expiration of the terms of their predecessors in office. The alternate members of the Board of Appeals shall be appointed for terms as specified by the Town Board at the time of their appointment. The provisions for removal from office shall be those specified in Local Law No. 2 of the year 2010, entitled "Local Law Establishing Training Standards for Planning Board and Zoning Board of Appeals Members of the Town of Newstead."[1]
[1]
Editor’s Note: See Ch. 8, Boards and Commissions, Art. I, Training Standards for Planning Board and Zoning Board of Appeals.
(4) 
Each member appointed to the Board of Appeals, including the alternate members, shall be required to attend at least 75% of the regularly scheduled meetings of the Board of Appeals and shall not fail to attend more than three consecutive regularly scheduled meetings in any calendar year. Failure to meet these attendance standards shall be ground for removal by the Town Board.
B. 
Appeals for interpretation. The Board of Appeals shall hear and decide appeals where it is alleged that there is an error or misinterpretation in any order, requirement, decision or determination by any administrative official charged with the enforcement of the provisions of this chapter. The Board of Appeals may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as, in its opinion, ought to be made in strictly applying and interpreting the provisions of this chapter and, for such purposes, shall have all the powers of the officer from whom the appeal is taken.
C. 
Appeals for variance. On an appeal from an order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter, and where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Toward this end, the Board of Appeals may prescribe such conditions or restrictions as it may deem necessary.
(1) 
Use variance. Before the Board of Appeals may grant a use variance, unnecessary hardship must be established, based upon all of the following criteria:
(a) 
Based on actual monetary values, the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.
(b) 
The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood.
(c) 
The use to be authorized by the variance will not alter the essential character of the neighborhood and is compatible with the area.
(2) 
Area variance. Area variances may be considered where setback, frontage, lot size, density or yard requirements of this chapter cannot be reasonably met. The Board of Appeals may grant an area variance on the grounds of practical difficulty, such practical difficulty to be determined by consideration of the following:
(a) 
How substantial the variation is in relation to the requirement.
(b) 
The effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities (fire, water, garbage and the like).
(c) 
Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created.
(d) 
Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance.
(e) 
Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance.
(3) 
Conditions for variance. No variance under the provisions of Subsections C(1) and (2) above shall be authorized by the Board unless it finds that such variance:
(a) 
Will be in harmony with the general purposes and intent of this chapter or such regulation, taking into account the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to streets giving access thereto.
(b) 
Will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures to protect adjacent properties.
(c) 
Will not create a hazard to health, safety or general welfare.
(d) 
Will not alter the essential character of or be detrimental to the neighborhood.
(e) 
Is the minimum necessary to afford relief.
D. 
Appeal procedure.
(1) 
Filing of appeals. An appeal to the Board of Appeals from any ruling of any administrative officer charged with the enforcement of this chapter may be taken by any person aggrieved or by any officer, department, board or bureau of the Town. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(2) 
Application procedure for Board action. An application for any matter upon which the Board of Appeals is required to pass may be made to the Town Clerk by the owner or tenant of the property (or a duly authorized agent) for which such appeal or application is sought.
(3) 
Meetings; records to be kept.
(a) 
Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. All meetings shall be open to the public. The Chairman of the Board of Appeals, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
(b) 
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions. Every rule, every regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.
(4) 
Appeal stays proceedings; exceptions. Any appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from except as otherwise provided in § 267, as amended, of the Town Law.
(5) 
Public hearings. The Board of Appeals shall fix a reasonable time for a hearing of an appeal or modification of regulations or other matters referred to it and shall give public notice thereof by publication in the official paper at least five days prior to the date of such hearing and shall, at least five days before such hearing, mail notices thereof to the parties thereto.
(6) 
Required referral. Prior to taking any action on an appeal or any change in the zoning text or map, the Zoning Board of Appeals shall refer such action to the County Planning Board in accordance with § 239-m of the General Municipal Law, if required.
(7) 
Planning Board referral. Prior to making its decision, it is recommended that the Board of Appeals refer appeals to the Town Planning Board for its review, particularly in cases involving planning principles.
(8) 
Decisions. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. Every decision of the Board of Appeals shall be by resolution. Where findings are required, the decision shall set forth each required finding, supported by substantial evidence or other data considered by the Board of Appeals in each specific case or, in the case of denial, the decision shall include the findings which are not satisfied.
(9) 
Revocation of authorization. Any variance or modifications of regulations authorized by the Board of Appeals in the case of a variance for issuance of a building permit shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the Board of Appeals is obtained within six months of the date of approval by the Board of Appeals and construction commenced within one year of such date of approval, and all other variances or modifications of regulations authorized by the Board of Appeals shall automatically be revoked unless the actions which required the granting of the variance are completed within six months of the date of approval incorporating the conditions set forth by the Board of Appeals or in the case the variance is for the conduct of an activity, such activity is commenced within such six-month period.
[Amended 4-24-2017 by L.L. No. 2-2017]
(10) 
Failure to comply with conditions or restrictions. Failure to comply with any condition or restriction prescribed by the Board of Appeals in approving any appeal for a variance or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance or modification or for imposing penalties and other applicable remedies.
[Amended 4-9-2007 by L.L. No. 1-2007; 5-24-2010 by L.L. No. 3-2010]
A. 
The Town of Newstead shall appoint a Planning Board consisting of seven members and up to three alternate members appointed by the Town Board who shall be constituted and empowered as set forth in § 271 of the Town Law, as amended from time to time, with the following exception. The alternate members shall also be authorized to participate not only in situations where a regular member of the Planning Board has a conflict, as provided for in § 271 of the Town Law, but also where a Planning Board member is absent for any other reason. All alternate members shall be entitled to participate in deliberations but the Chairman of the Planning Board shall designate at the beginning of the meeting as to which alternate member or members shall be entitled to vote if more alternate members are present than regular members are absent.
B. 
The Town Board, as a condition of appointment, requires each Planning Board member, including alternate members, complete the training and continuing education requirements as set forth in the Town Law together with any additional training requirements adopted by the Town of Newstead.
C. 
The terms of office of the seven regular members shall be as set forth in § 271 of the Town Law. The alternate members of the Planning Board shall be appointed for terms as specified by the Town Board at the time of their appointment. The provisions for removal from office shall be those specified in Local Law No. 2 of the year 2010, entitled "Local Law Establishing Training Standards for Planning Board and Zoning Board of Appeals Members of the Town of Newstead."[1]
[1]
Editor’s Note: See Ch. 8, Boards and Commissions, Art. I, Training Standards for Planning Board and Zoning Board of Appeals.
D. 
Each member appointed to the Planning Board, including the alternate members, shall be required to attend at least 75% of the regularly scheduled meetings of the Planning Board and shall not fail to attend more than three consecutive regularly scheduled meetings in any calendar year. Failure to meet these attendance standards shall be ground for removal by the Town Board.
E. 
The Planning Board shall have the powers and duties as set forth pursuant to § 271 of the Town Law but the alternate Planning Board members shall be entitled to participate not only when one or more of the regular members has a conflict but also when one or more of the regular members are absent for any reason.
[Amended 2-27-1989 by L.L. No. 1-1989; 4-24-1997 by L.L. No. 1-1997]
Fees shall be set by the Town Board of the Town of Newstead by resolution from time to time and filed with the office of the Code Enforcement Officer of the Town of Newstead. A complete listing of fees shall be made available upon request.
[Amended 12-27-2012 by L.L. No. 10-2012]
A. 
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of a violation, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for the first violation; a fine not less than a minimum of $350 and a maximum of $700 or imprisonment for a period not to exceed 15 days, or both, for a second violation within five years; and a fine not less than a minimum of $700 and a maximum of $1,000 or imprisonment for a period not to exceed 15 days or both, for a third or subsequent violation within five years. Each week's continued violation shall constitute a separate violation.
B. 
If fines imposed for violation of this chapter are not paid within 60 days following their imposition, such fines shall be assessed against the real property upon which such violation occurred and shall be levied and collected in the same manner as provided for in Article 15 of the Town Law for the levy and collection of special ad valorem assessments.
[Added 4-24-2017 by L.L. No. 2-2017]