Town of Clarkstown, NY Article VIII Enforcement; Board of Appeals

§ 290-30 Scope of chapter.

A. Regulations are to be regarded as minimum provisions. In their interpretation and application, the regulations of this chapter shall be considered to be minimum provisions for the protection and promotion of public health, safety, morals, convenience, comfort, prosperity and other aspects of general welfare. It is hereby declared to be the legislative intent that this chapter shall be regarded as remedial to help in providing for all residents of the town the benefits of an orderly pattern of development, and this chapter shall therefore be construed liberally to further its underlying purposes.

B. Other ordinances and private agreements. This chapter is not intended to interfere with, abrogate or annul any other ordinance, regulation or other provision of law, or any easement, covenant or other private agreement or legal relationship. When this chapter imposes restrictions on use or bulk different from those imposed by any other statute, ordinance, regulation or other provision of law, or by any easement, covenant or private agreement or legal relationship, whichever provisions are more restrictive or impose higher standards shall control.

C. Existing permits, subject to provisions controlling nonconforming uses, provisions of the Town Law, site plan regulations, subdivision regulations, and §§ 290-31E and 290-32C(3). This chapter is not intended to abrogate or annul any building permits, certificates of occupancy, variances or special permits lawfully issued, or preliminary site plans and subdivision plats approved before the effective date of this chapter. Notwithstanding any provision of this chapter to the contrary, no special permit or variance hereafter issued shall have any force or effect for a period greater than 12 months after the date of its issuance by the Town Board or Zoning Board of Appeals, and any special permit or variance heretofore issued shall expire 12 months after the effective date hereof. Prior to such expiration, the owner or applicant may apply to the Town Board or the Zoning Board of Appeals for an extension of the original special permit or variance, and the Town Board or the Zoning Board of Appeals may, for good reason shown after due notice and public hearing, extend such special permit or variance for a reasonable period, not to exceed an additional twelve-month period, and may place any reasonable conditions on such extension to secure commencement of construction as promptly as possible. In the event construction on said special permit or variance is not commenced within such twelve-month period, or such period as the same may be have been extended, reapplication must be made to the Town Board or the Zoning Board of Appeals for said special permit or variance.

§ 290-31 Enforcement.

A. Building Inspector. This chapter shall be enforced by the Building Inspector as provided in § 138 of Town Law and in Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown, and as provided herein.

[Amended 9-14-1999 by L.L. No. 3-1999; 3-22-2016 by L.L. No. 4-2016[1]]

(1) Inspect any building, structure or land to determine whether any violations of this Zoning Law have been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy or certificate of use has been issued.

(2) Keep the Town Board advised of all matters pertaining to the enforcement of this Zoning Ordinance of Town of Clarkstown; to make and keep all records necessary and appropriate to the office, including records of written complaints of violation of this Zoning Law and action taken on same.

(3) Keep the Planning Board advised of all matters, including written complaints of violation of this Zoning Ordinance of the Town of Clarkstown and action taken on same.

(4) Issue and post notices of violations, stop-work orders, revocation of certificates of occupancy and use and appearance tickets and shall order the remedying of any condition or omission that is found to be in violation of this Zoning Ordinance of the Town of Clarkstown. In addition, by resolution, the Town Board, after a public hearing, may direct the Building Inspector to revoke such certificate of occupancy or use, issue such stop-work orders, make such inspection and reports, initiate and take such court proceedings and perform all other actions as required by the Town Board as may be necessary to enforce this Zoning Ordinance of the Town of Clarkstown or to invoke penalties for its violation.

[1] Editor's Note: This local law also repealed former Subsection A, Zoning Administrator, as amended, and redesignated former Subsections B through H as Subsections A through G, respectively.

B. Building permit.

[Amended 8-13-1975; 12-15-1976; 5-22-1984; 9-14-1999 by L.L. No. 3-1999[2]]

(1) Building permit required. A building permit is required for any undertaking or construction as set forth in § 109-4 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown.

[Amended 6-19-2007 by L.L. No. 12-2007]

(2) Permits granted only in conformance with regulations. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for revocation or nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful. The Building Inspector may revoke any building permit or issue stop orders as provided in §§ 109-8 and 109-9 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown, except for issues of zoning compliance.

(3) Applications. Every application for a building permit shall contain the information set forth in § 109-4 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown and any other information necessary to enable the Building Inspector or Board of Appeals, if required, to determine whether the proposed building and use of the premises complies with the use and bulk regulations of this chapter. In the event that a site plan approval is required, the application for a building permit shall contain all information required by the site plan regulations of the Planning Board.

[Amended 3-22-2016 by L.L. No. 4-2016]

(4) Issuance. All building permits shall be issued by the Building Inspector as set forth in § 109-5 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown. However, a permit for any use requiring herein a special permit, any use subject to performance standards procedure, any other particular use requiring the approval of the Board of Appeals or the Town Board and any use requiring site plan approval by the Planning Board shall be issued only with the authorization of the Board of Appeals, the Town Board or the Planning Board as specified in the applicable section. In granting permits for quarries, stone crushers and storage of quarry screenings in districts where such uses are permitted, the Building Inspector shall make the findings regarding conformance with performance standards and shall report thereon to the Town Board, upon consideration of which the Town Board may direct the issuance of a building permit.

[2] Editor's Note: This local law provided an effective date of 1-1-2000.

C. Site plan approval required in applications for building permits.

[Amended 8-13-1975; 9-14-1999 by L.L. No. 3-1999[3]]

(1) All applications for building permits, other than those excepted under Subsection D(2) below, shall be accompanied by either a site plan bearing the approval of the Planning Board of the Town of Clarkstown or said Board's waiver.

(2) Exceptions:

(a) One- or two-family buildings, structures and uses connected thereto.

(b) Signs, when added to a previously developed site.

(c) Alterations involving enlargements of not more than 10% of the square feet of floor area or 500 square feet of floor area, whichever is less; or a rearrangement of parking resulting in an increase of less than 10 spaces; or changes in use conforming to the Zoning Ordinance.

[3] Editor's Note: This local law provided an effective date of 1-1-2000.

D. Expiration and extension. Every building permit shall expire by limitation at the end of 18 months from the date issued. Prior to such expiration, the owner or applicant may either apply for a new permit or make application to the Board of Appeals for an extension of the original permit, and the Board may for good reasons shown extend such permit for a reasonable period, and may place any reasonable conditions on such extension to secure completion of construction as promptly as possible. Further work on any premises after the expiration of the building permit therefor, or any extension thereof, shall constitute a violation of this chapter.

E. Fees. Every application for a building permit shall be accompanied by payment of fee as set forth in § 109-7 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown. Such fee shall be retained by the town even though the permit applied for is not granted. In addition, every application to the Board of Appeals or Town Board for a special permit under § 290-32C(3), (4) or (5) or for a variance under § 290-32C(2) shall require an additional fee as provided in § 290-32B(1) and C(5), and for a use subject to performance standards procedure shall require an additional fee as provided in § 290-32C(6). In addition every application to the Planning Board for a site plan approval shall require an additional fee as provided for in the site plan regulations of the Planning Board.

F. Validity: if regulations change. If the applicable regulations are changed after issuance of a building permit in such a way as to make a proposed use nonconforming as to use or bulk regulations, and no substantial work has been undertaken on the structure or foundations, the building permit shall be invalid. However, if all footings have been installed before the effective date of the changed zoning regulations and if construction is continuing at that time the proposed use may be completed as authorized in the building permit, subject to the expiration of such permit as specified in Subsection E; the provisions of this section shall also apply to any proposed uses made nonconforming by the passage of this chapter.

G. Certificate of occupancy.

(1) When required. A certificate of occupancy shall be required as set forth in § 109-11 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown, and specifically in connection with this chapter for occupancy and use of a building constructed, enlarged, relocated, reconstructed or altered externally or internally; or a change in the use of an existing building; or occupancy and use of land, or change in the use of land, except to any use which is primarily agricultural. A change in use shall include any change to a use first permitted in another district and any change in use subject to performance standards procedure involving any variation from the conditions and plans contained or referred to in the building permit granting such use. However, any normal replacement or addition of equipment and machinery not affecting the foregoing conditions or not changing the degree or nature of dangerous or objectionable elements emitted shall not be considered a change in use. No such occupancy, use or change shall be undertaken until a certificate of occupancy therefor has been issued, and no such certificate shall be issued unless the proposed occupancy is in full conformity with the regulations of this chapter.

(2) Application: affidavit and inspection. Applications for certificates of occupancy, affidavits as to conformance with approved plans and inspection to determine such conformance shall be required as set forth in §§ 109-11, 109-12 and 109-13 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown.

(3) Issuance. A certificate of occupancy shall be issued by the Building Inspector under the conditions set forth in § 109-13 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown. However, any certificate of occupancy for the establishment of any use of a building or land:

(a) Requiring herein a special permit;

(b) Subject to performance standards procedure;

(c) Any other particular use requiring the approval of the Town Board or Board of Appeals, shall be issued only with the authorization of the Town Board or the Board of Appeals as specified in the applicable section. Every certificate of occupancy for a use for which a special permit or variance has been granted by the Board of Appeals or the Town Board shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject, and any certificate of occupancy for the establishment of any use of a building or land which required a site plan approval will not be issued unless the Building Inspector makes a determination that all requirements of the site plan approval have been fulfilled.

(4) Fees. Every application for a certificate of occupancy shall be accompanied by a fee as set forth in § 109-7 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown.

(5) Temporary certificate of occupancy. A temporary certificate of occupancy for a period not to exceed 90 days may be issued by the Building Inspector and as provided in § 109-14 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown.

(6) Termination. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as such building or land is used for the use authorized in the certificate of occupancy. Ten days after the service of notice of any violation of any of the regulations with respect to any building or the use thereof or of land, the certificate of occupancy for such use shall become null and void and a new certificate of occupancy shall be required for any further use of such building or land.

(7) Copies to be filed. Copies of every certificate of occupancy issued hereafter shall be filed with the Town Clerk and the Town Assessor. A record of all certificates of occupancy shall be filed in the office of the Town Clerk and copies shall be furnished on request to the Planning Board or Board of Appeals, and on the payment of the regular application fee thereof to any other person.

§ 290-32 Board of Appeals: establishment; powers; duties.

A. Establishment pursuant to applicable provisions of the Town Law. There is hereby established a Board of Appeals of seven members, including a Chairman and a Vice Chairman, to be appointed by the Town Board.

[Amended 6-2-1976; 12-29-2006 by L.L. No. 20-2006]

B. Procedure. The Board of Appeals shall determine its own rules of conduct and procedure consistent with the applicable provisions of the Town Law and this section.

(1) Fees.

[Amended 8-7-1974]

(a) Application to the Board of Appeals for a variance shall be accompanied by a fee of $50 if such application is in a residential district, or a fee of $150 if in any other district, plus postal charges to help defray the cost of notice of public hearing.

(b) Application to the Board of Appeals for a special permit in any district shall be accompanied by a fee of $150, plus postal charges to help defray the cost of notice of public hearing.

(c) Application to the Board of Appeals for uses subject to performance standards shall be as set forth in Subsection C(6).

(2) Notice and hearing. The Board of Appeals shall hold a public hearing on due notice on every appeal or other matter referred to said Board or upon which it is required to pass under this chapter. Every appeal or application shall state the specific provision of this chapter which is involved, and shall state precisely the interpretation which is sought, the use for which a special permit is sought or the details of the variance which is sought and the special circumstances affecting the particular lot which are cited as justifying such variance, as the case may be. In addition to the notice of hearing required by the Town Law, for all such proceedings for a variance or special permit the Board of Appeals shall also require that distinctive posters furnished by the Town Clerk or the Building Inspector, giving notice of the hearing, shall be posted at least once every 100 feet (and not more than 25 feet from the street) along the street frontage affected by the proposed application. Such posters shall be clearly legible and shall remain in plain sight until after the hearing. The applicant shall be responsible for putting up and maintaining such posters and shall file an affidavit of compliance with the Board.

(3) Findings and conclusions. After such public hearing the Board of Appeals shall make written findings of fact and conclusions concerning the subject matter of such hearing, including the reasons for the grant or denial of the relief sought. As to any proposed use, such findings of fact and conclusions shall be made concerning such use as described and represented by the applicant. In addition, the Board of Appeals shall, in appropriate cases, impose additional conditions and safeguards in granting a special permit or variance in harmony with the general purpose and intent of this chapter and to ensure that such use is established and maintained in conformity with the other special requirements and conditions upon which such permit is granted.

C. Powers.

(1) General powers. The Board of Appeals shall:

[Amended 9-14-1999 by L.L. No. 3-1999[1]]

(a) Hear and decide appeals from any order, requirement, decision or determination of the Building Inspector.

[Amended 3-22-2016 by L.L. No. 4-2016]

(b) Hear and decide all matters referred to it by the Building Inspector.

[Amended 3-22-2016 by L.L. No. 4-2016]

(c) Decide any question involving the interpretation of any provision.

[1] Editor's Note: This local law provided an effective date of 1-1-2000.

(2) Lot variances. On appeal from any order, requirement, decision or determination of the Building Inspector, the Board may vary or modify the strict application of any of the regulations in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical condition, as a result of which the carrying out of the strict letter of this chapter would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds that:

(a) For reasons fully set forth in the findings of the Board, there are special circumstances or conditions with respect to the buildings or land for which the variance is sought, which are peculiar to such building or land and do not apply generally to buildings or land in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not.

(b) For reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of such building or land; that the granting of the variance is necessary for the reasonable use of the building or land; and that the variance granted by the Board is the minimum variance that will accomplish this purpose.

(c) The grant of the variance will be in harmony with the spirit and the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and that public safety and welfare will be secured and substantial justice done.

(d) All buildings in a Planned Economic Development District for which an Overall Master Plan has been officially approved by the Town Board of the Town of Clarkstown shall be required to conform with the PED site plan approval requirements as set forth in the site plan regulations for the PED District as established by the Town of Clarkstown.

[Added 4-7-1976]

(3) Special permits. On a reference by the Building Inspector after application to the Building Inspector for a building permit or a certificate of occupancy, the Board of Appeals is hereby authorized to issue a special permit for any use requiring herein said permit (except those which shall be granted only by the Town Board), subject to the special requirements and conditions herein and any requirements which may be made a part thereof. Every special permit shall also conform to all special findings that are specified herein. The Board of Appeals may also require as a condition of issuance of any special permit that it be periodically renewed; or may issue any special permit for a specific period of time, subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by said Board. Any such renewal or extension shall be subject to the same procedure and requirements as specified herein for the original issuance of the special permit involved. In granting a special permit or a renewal or extension thereof, the Board of Appeals shall in all cases file a written report setting the applicable special requirements and conditions and special findings and the reasons for granting such permit, renewal or extension. In addition to other powers conferred upon the Board of Appeals elsewhere in this chapter, the Board is authorized to grant special permits in the following situations:

(a) Extension across district boundaries. In appropriate cases, the Board may permit the extension of an existing or proposed building or accessory off-street parking space across a district boundary into more restrictive district, under such conditions as will safeguard the character of more restrictive district.

(b) Off-street parking and loading requirements where, because of the unusual shape of a lot or otherwise, the requirements for accessory off-street parking spaces and/or loading berths cannot reasonably be complied with, the Board may permit the substitution of such alternative provisions for off-street parking spaces or loading berths as the Board deems suitable and adequate to prevent creation of serious traffic congestion by parking along the street.

(c) Height regulations around airports. In appropriate cases, the Board may permit construction of buildings projecting above the height limits established in § 290-15A, provided that a site plan (with elevations) is submitted showing the proposed buildings in relation to such height limits, and provided that, as a condition precedent to the grant of such a special permit, the Board shall find that the Federal Aviation Administration or the New York State Bureau of Aviation has certified that the proposed construction will not involve any threat to the safety of either air passengers or occupants of the proposed buildings.

(4) Violation of the conditions of a special permit shall be considered a violation of this chapter. In addition, failure to abate any violation of such conditions within 10 days after receiving written notice shall cause such special permit to be void and a new special permit must be obtained before the use can be resumed.

(5) Special permit: Town Board. Whenever a use is permitted only if the Town Board shall grant a special permit therefor, the Town Board shall hold a public hearing, giving the notice required for amendments to the Zoning Map in § 290-33C, on the application for said special permit. Every application to the Town Board for a use by special permit where specified herein shall be accompanied by a fee of $75 to help defray the cost of public hearings.

(6) Building permit and certificate of occupancy for a use subject to performance standards procedure.

(a) Application. An application for a building permit or a certificate of occupancy for a use subject to performance standards procedure shall be submitted to the Building Inspector in duplicate on a form prescribed by the Board of Appeals and shall be referred by the Building Inspector to the Board of Appeals. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements referred to herein, in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications, and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential if requested. The fee for such application shall include the cost of the special reports required to process it, described in Subsection C(6)(b) below.

(b) Report by expert consultants. The Board of Appeals, if there is any reasonable doubt as to the likelihood of conformance, shall refer the application for investigation and report to one or more expert consultants selected by the Board of Appeals as qualified to advise as to whether a proposed use will conform to the applicable performance standards specified herein. Such consultant or consultants shall make such report within 30 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant.

(c) Decision of Board of Appeals. At the next regular meeting of the Board of Appeals, but in no event more than 30 days after the Board has received the aforesaid report, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards and on such basis shall authorize or refuse to authorize the issuance of a permit or require a modification of the proposed plan of operation. Such decision of the Board shall be in the form of a written report. Any building permit or certificate of occupancy so authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and the applicant's paying the fees for services of the expert consultant or consultants deemed reasonable and necessary by the Board of Appeals for advice as to whether or not the applicant's completed buildings and installations will in operation conform to the applicable performance standards.

(7) Continued enforcement. The Building Inspector shall investigate any alleged violation of performance standards on the part of any new nonresidential use, and if there are reasonable grounds to believe that a violation exists he shall notify the Board of Appeals of the occurrence or existence of a probable violation thereof. The Board of Appeals shall investigate the alleged violation, and for such investigation may employ qualified experts. If, after public hearing on due notice, the Board of Appeals finds that a violation occurred or exists, a copy of said findings shall be forwarded to the Town Board. The services of any qualified experts employed by the town to advise in establishing a violation shall be paid for by the violator, if a violation is provided, and otherwise by the town. No new certificate of occupancy shall be issued as provided in § 290-31H(3) unless such charges have been paid to the town.

§ 290-33 Amendments.

A. Proposed amendments referred to Planning Board.

[Amended 4-28-1992]

(1) The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, after public notice (as specified in Subsection B) and hearing, amend, supplement, modify or repeal this chapter pursuant to provisions of the Town Law. Any proposed amendment may be referred to the Planning Board, which shall submit a written report to the Town Board, prior to public hearing thereon by the Town Board. The Planning Board shall make such report within 90 days after receiving notice from the Town Clerk.

(2) In the event that the Planning Board requires additional information or additional time to review the SEQR documents or to receive the results of coordinated environmental review process with other procedures relating to review and recommendation, the Town Board, in its discretion, may grant a further extension of 90 days. The Planning Board's failure to make such report within the original ninety-day period and any extension granted shall be deemed to be a favorable report.

B. Points to be covered by Planning Board. In making such investigation and report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:

(1) Concerning a proposed amendment to or change in text of the chapter:

(a) Whether such change is consistent with the aims and principles embodied in the chapter as to the particular districts concerned.

(b) Which areas and establishments in the town will be directly affected by such change and in what way they will be affected.

(c) The indirect implications of such change in its effect on other regulations.

(2) Concerning a proposed amendment involving a change in the Zoning Map:

(a) Whether the uses permitted by the proposed change would be appropriate in the area concerned.

(b) Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such change.

(c) Whether the proposed change is in accord with any existing or proposed plans for providing public water supply and sanitary sewers in the vicinity.

(d) The amount of vacant land which is currently zoned for similar development in the town and particularly in the vicinity of the area included in the proposed amendment, and any special circumstances which may make a substantial part of such vacant land unavailable for development.

(e) The recent rate at which land is being developed in the proposed district in the town, and particularly in the vicinity of the area included in the proposed amendment.

(f) The effect of the proposed amendment upon the growth of existing communities in the town as envisaged by the Comprehensive Plan.

(g) Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the town and the probable effect of such a change on the cost of providing public services.

(h) Whether other areas designated for similar development are likely to be so developed if the proposed amendment is adopted, and whether the designation for such future development should be withdrawn from such areas by further amendment of the Zoning Map.

(i) If the proposed change involves a change from a residential to a nonresidential designation, whether more nonresidential land is needed in the proposed location to provide commercial services or employment for the residents of the town.

C. Notice of hearing. Notice of any public hearing on all proposals to amend the text of this chapter, the Zoning Map and the Official Map, including any proposed abandonment pursuant to the Highway Law § 205 shall be as required in the Town Law, and in the case of amendments to the Zoning Map, Official Map and any abandonment pursuant to the Highway Law § 205, at least 10 days before such hearing distinctive posters furnished by the Town Clerk or the Building Inspector, giving notice of such hearing, shall be posted at least once every 100 feet, and not more than 25 feet from the street, along the street frontage affected by such proposal. The posters shall be clearly legible and shall remain in plain sight until after the hearing. The applicant shall be responsible for putting up and maintaining such posters and shall file an affidavit of compliance with the provisions of this section with the Town Clerk. In addition, the applicant shall mall a copy of the notice of hearing at least 10 days before such hearing by regular first class mail to all property owners listed on the latest assessment roll of the town whose property or any portion thereof lies within 500 feet of any boundary line of any property affected by the proposed change. An affidavit of mailing of the above notices shall be sworn by the applicant containing the names and addresses of the property owners to which such notice was mailed and shall be filed with the Town Clerk on or before the date of the hearing. Failure to mail such notice or failure of any addressee to receive such notice shall not in any manner affect any pro-ceeding taken thereon.

[Amended  7-10-1984]

D. Fees.

[Amended  5-26-1992]

(1) Every petition for a text amendment to this chapter shall be accompanied by a fee of $250 to help defray the cost of processing.

(2) Every petition for an amendment to the Zoning Map shall be accompanied by a fee of $500 to help defray the cost of processing.

§ 290-34 Penalties for offenses.

A. Any person found guilty of a violation of any provision of this chapter shall be punished by a fine of up to $2,500 or a sentence of imprisonment not to exceed 15 days, or both. Any person found guilty of a second offense of any provision of this chapter within 18 months from the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000 or a sentence of imprisonment not to exceed 15 days, or both. Any person found guilty of a third offense of any provision of this chapter within 18 months from the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000 or a sentence of imprisonment not to exceed 15 days, or both. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months from the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000 or a sentence of imprisonment not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation hereunder.

[Amended  4-28-1976 by L.L. No. 3-1976; 3-24-1987 by L.L. No. 5-1987; 4-9-2013 by L.L. No. 2-2013; 12-14-2017 by L.L. No. 10-2017]

B. The town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter as provided in § 109-18 of Chapter 109, Building Construction Administration, of the Code of the Town of Clarkstown.