Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents

§ 208-105 Building department; authority.

The provisions of this chapter shall be administered and enforced by a Building and Development Department, pursuant to § 268 of the Town Law, and by a Building Inspector and other enforcement officers, pursuant to § 138 of the Town Law, as appointed by the Town Board, or by such other officer as the Town Board may, from time to time, designate. Such appointees to the Building and Development Department shall have charge of the enforcement of such codes, ordinances, rules and regulations of the Town and of this Zoning Chapter of the Town as directed by the Town Board and by this chapter. The Building Department shall have the special authority to serve appearance tickets pursuant to § 150.20, Subdivision 3, of the Criminal Procedure Law. The Building Inspector and other enforcement officers are hereby authorized to enforce the New York State Uniform Fire Prevention and Building Code, the Town Code, Chapter 179, Subdivision of Land, Town site plan requirements, special conditions attached to variances and special use permits and other applicable Town laws pertaining to property located within all of the zoning districts of the Town.

§ 208-106 Issuance of licenses and permits; records.

Any license or permit required shall be issued by the Building Inspector, and the Town Board may direct that fees for licenses and permits issued by the Building Inspector shall be payable to and collected by such Inspector. The Building Inspector shall keep a record of all permits issued or denied, with a notation of all special conditions involved. He shall safely file and keep copies of all plans submitted, which shall form a part of the records of his office and shall be available for use of the Town Board and other boards and officials. The Building Inspector shall not approve any application or issue a building permit or certificate of occupancy for any purpose not in compliance with the provisions of this chapter and such other ordinances, rules and regulations of the Town, including but not limited to the New York State Uniform Fire Prevention and Building Code, together with any applicable laws, rules and regulations of the State of New York. (See § 208-6.)

§ 208-107 Building permits; powers and duties of Building Inspector.

[Amended 12-19-2005 by L.L. No. 12-2005; 10-10-2006 by L.L. No. 8-2006; 12-18-2006 by L.L. No. 20-2006]
A. 
Building permits required.
(1) 
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
(2) 
Permits are also required for the following:
(a) 
Any excavation for or the construction of any building or structure, including fireplaces, chimneys and accessory buildings.
(b) 
Any excavation for or the construction of a subsurface sanitary disposal system.
(c) 
The moving, alteration or demolition of, or any addition to any building or structure.
(d) 
Reroofing of any building or structure.
(e) 
Initial erection of a radio installation, amateur (HAMS).
(f) 
Commencement of any soil disturbing activity (SDA), as defined in this chapter.
(g) 
Initiation of any construction of infrastructure, including roads, utilities and drainage systems, for any approved subdivision or site plan.
(h) 
Ground- or pole-mounted solar arrays.
[Added 3-21-2011 by L.L. No. 9-2011]
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Construction or installation of up to two single-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided that the gross floor area does not exceed 144 square feet each. No more than two sheds of any size shall be allowed per parcel.
[Amended 2-7-2011 by L.L. No. 6-2011]
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground;
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) 
Installation of partitions or movable cases less than five feet nine inches in height;
(9) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11) 
Replacement of any equipment, provided that the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(12) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire-protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. 
Issuance. In applying to the Building Inspector for a building permit, the applicant shall submit a dimensioned sketch or plan, to scale, indicating the shape, size, height and location in relation to all property lines and to street lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. This sketch shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the bounding street has been accurately located and staked on the ground. The applicant shall also state the existing or intended use of all such buildings and supply other information as may be required by the Building Inspector to ensure that the provisions of this chapter are being observed. If the proposed excavations, construction, alterations or moving set forth in the application are in conformity with the provisions of this chapter and other local laws or ordinances of the Town of Clifton Park then in force, the Building Department shall issue a permit for such excavation, construction, alteration or moving.
G. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I. 
Refusal. If a building permit is refused, the Building Inspector shall state such refusal in writing, with the cause, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
J. 
Upon project completion, the applicant shall submit a final set of as-built plans and specifications on a CD utilizing software acceptable and usable by the Town of Clifton Park. This shall apply only to those plans requiring the stamp and signature of a professional engineer or registered architect. This requirement may be waived at the sole discretion of the Director of Building and Zoning.
K. 
Term. Every such permit shall expire at the end of one year from the date of issue. The Building Inspector may grant up to two six-month extensions at no additional cost to the permittee, provided that the permittee applies for such extension prior to expiration.
(1) 
If the permittee does not renew the permit for a six-month extension prior to the permit expiration date but does apply for the extension within 30 days of the expiration date, a fee of $45 for residential permits and $150 for commercial permits shall be paid as outlined in § 103-16, Building permit fees.
(2) 
If construction is not completed within the allowed two-year maximum, the applicant may request a final extension from the Building Inspector, provided that proof of substantial completion (90% of the project cost or more) of the project is submitted and a definitive time line of six months or less is provided. The fee for this final extension shall be $300 for commercial projects and $90 for residential projects so long as a new review of some portion of the project is not required. Review fees, if needed, are outlined in Chapter 103.
(3) 
If the project is not substantially complete and/or cannot be completed within six months of the two-year maximum, the applicant shall apply for a new permit (with new document submission) and pay all fees associated with a new permit as outlined in Chapter 103.
L. 
Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order, as hereinafter defined, issued by the Building Inspector.
M. 
Stop-work orders. Whenever a Building Inspector or his designee has reasonable grounds to believe that any work is being prosecuted in violation of the provisions of the applicable zoning or building laws or regulations or other sections of the Town Code, including but not limited to the New York State Uniform Fire Prevention and Building Code, or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued or in an unsafe and dangerous manner, he may order the owner of the property or 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 related activities until the stop order has been rescinded. Such order shall be in writing and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building or area of concern and sending a copy of the same by certified mail to the address set forth in the application for the permit or to the owner's address of record in the Assessor's office. The person to whom a stop-work order has been issued shall report to the Department of Building and Development to determine the corrective action required to get the stop-work order rescinded. If said person desires such information in writing, he may submit a written request and the Department will provide such information in writing within three  working days after receipt of the request.
N. 
Right of entry. Any building official, upon 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. However, no such building official may, without the expressed consent of the owner or occupant of suitable age and discretion, enter a residence after a certificate of occupancy has been issued therefor, without having first obtained an order or warrant from a court of competent jurisdiction.
O. 
Tests. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly or the installation thereof does not conform to the requirements of the applicable building laws or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance and/or may request certification by a licensed engineer. The cost of any such tests or certifications and the cost of furnishing proof of such compliance shall be borne by the owner of the property or the person performing the work and in no event shall be borne by the Town of Clifton Park.
P. 
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
Q. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid at the time of issuance of a building permit or an amended building permit or for renewal of a building permit.

§ 208-107.1 Construction inspections.

[Added 12-18-2006 by L.L. No. 20-2006]
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance;
(10) 
A final inspection after all work authorized by the building permit has been completed.
(11) 
Stormwater pollution prevention and erosion and sediment control measures.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 208-107.2 Operating permits.

[Added 12-18-2006 by L.L. No. 20-2006]
A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b) 
Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Clifton Park.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 208-108 Certificates of occupancy.

A. 
Requirement. No land or building or other structure or portion thereof hereafter erected or altered in its use or structure shall be used or occupied until the Building Inspector shall have issued a certificate of occupancy stating that such land, building or structure and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter or other applicable local laws or ordinances. For purposes of this section, "occupancy" shall include the placing of any personal property into the premises under permit, including but not limited to clothing, furniture and/or appliances (which are not part of the purchase contract).
B. 
Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform within the provisions of this chapter or other applicable local laws or ordinances.
C. 
Refusal. If the Building Inspector, after such final inspection, refuses to issue a certificate of occupancy, he shall state such refusal in the form of an inspection report and provide a copy to the permittee or his agent at the job site. If he desires, the permittee may visit the Department of Building and Development and request, in writing, a written explanation of the refusal. The Department will provide such information, in writing, within three working days after receipt of such a request.
D. 
Inspectors.
[Amended 8-23-1999 by L.L. No. 7-1999; 2-7-2011 by L.L. No. 6-2011; 10-13-2015 by L.L. No. 11-2015]
(1) 
Electrical inspectors: The Building Inspector shall review the qualifications of electrical inspectors available to perform electrical inspections required for issuance of certificates under this section, and shall maintain a list of inspectors and firms so qualified and who have certified to the availability to provide timely and complete electrical inspections consistent with all applicable building and fire codes.
(2) 
The Building Inspector shall not issue a certificate of occupancy unless the Building Inspector receives, in writing, certification from an electrical inspector or firm selected pursuant to § 208-108D(1), above, that the electrical installation(s) and equipment are in conformity with the New York State Uniform Fire Prevention and Building Code. If the Building Inspector finds that the electrical inspection(s) has (have) not been made within a reasonable time after the request(s) therefor has (have) been made, the Building Inspector may issue a temporary conditional certificate of occupancy. Such temporary conditional certificate of occupancy shall be deemed revoked, null and void after 60 days from the date of its issuance, unless a certificate from an electrical inspector selected pursuant to this section certifying that the electrical installation(s) and equipment are in conformity with the New York State Uniform Fire Prevention and Building Code is presented to the Building Inspector prior to 60 days after the date of issuance of such temporary conditional certificate of occupancy.
E. 
Partial certificates of occupancy. If a portion of the work covered by a building permit has been completed and if the proposed occupancy and use of such completed portion or portions are found to be in conformity with the provisions of this chapter or other applicable local laws or ordinances and if such completed portion or portions may be occupied or used safely and without endangering life or public welfare, the Building Inspector may issue a certificate of occupancy for the such completed portion or portions. If the Building Inspector refuses to issue such a partial certificate of occupancy, he shall state such refusal in writing, with cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.
F. 
Conditional certificate of occupancy.
(1) 
If a portion of the work covered by a building permit has not been completed, but if the proposed occupancy and use are otherwise in conformity with the provisions of this chapter or other applicable local laws or ordinances, and if such completed and uncompleted portions may be occupied or used safely and without endangering life or public welfare, the Building Inspector may issue a conditional certificate of occupancy. The Building Inspector shall set forth, in writing, in such conditional certificate of occupancy the conditions under which such certificate of occupancy is issued, including but not limited to the following:
(a) 
The expiration date, as determined by the Building Inspector.
(b) 
The items of work to be completed before a certificate of occupancy may be issued.
(2) 
The Building Inspector may, in his discretion, require a bond, client fund account or letter of credit, in favor of the Town of Clifton Park, in an amount sufficient to pay the cost of completing the aforesaid items of work.
(3) 
Such conditional certificate of occupancy shall be signed by the applicant and shall contain the following words: "The applicant understands and agrees to the above conditions. If applicant fails to complete such items of work on or before _____________, 20____, applicant consents to an order of a court of competent jurisdiction, enjoining applicant from occupying or using the above described premises or permitting the occupancy or use thereof."
[Amended 2-7-2011 by L.L. No. 6-2011]
(4) 
If the Building Inspector refuses to issue a conditional certificate of occupancy, he shall state such refusal in writing, with cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.
G. 
Certificates for heat-producing appliances. The Building Inspector shall not issue a certificate of occupancy unless the Building Inspector or the Chief of the Bureau of Fire Prevention has  issued a certificate of compliance for the fireplace, chimney and structures or equipment related to any heat-producing appliances on the property.
H. 
Complete payment of all fees. The Building Inspector shall not issue a certificate of occupancy unless and until all fees required pursuant to this chapter or other ordinance, rule or regulation shall have been paid.

§ 208-109 Board of Appeals.

A. 
Creation, composition and appointment.
(1) 
Creation. A Board of Appeals is hereby established in accordance with § 267 of the Town Law.
(2) 
Composition. The Board of Appeals shall consist of seven members.
(3) 
Appointment. The Town Board shall appoint the members of the Board of Appeals and shall designate its Chairman. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. The appointment provision of this section is set forth pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), which provides a Town with supersession authority. This section provides that a Town may amend or supersede "any provision of the Town Law relating to the property, affairs or government of the Town or to other matters in relation to which and to the extent to which it is authorized to adopt local laws by this section, notwithstanding that such provision is a general law, unless the legislature shall have prohibited the adoption of such a local law." The Town Board specifically desires to act by local law to provide that membership on the Zoning Board of Appeals shall consist of seven members, each appointed for a five-year term. The Town Board further recognizes that pursuant to Municipal Home Rule Law § 10, Subdivision 1(i), the Town Board has the power to adopt local laws which are "not inconsistent with provisions of the constitution or not inconsistent with any general law relating to its property, affairs or government." Terms of office for each member of the Zoning Board of Appeals shall be for a period of five years.
(4) 
Removal. The Town Board shall have the power to remove any member of the Board for cause after public hearing.
(5) 
Vacancies. Vacancies shall be filled by the Town Board. If vacancies shall occur otherwise than by the expiration of term, they shall be filled by appointment for the unexpired term.
(6) 
Compensation. The Town Board may provide for compensation to be paid to Board members, experts, clerks, a secretary and for other such expenses as may be necessary and proper.
B. 
General procedures.
(1) 
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine, and a quorum of the Board's membership is required for any meeting. All meetings of such Board shall be open to the public.
(2) 
Oaths. The Chairman or, in his absence, the Acting Chairman may administer oath and compel the attendance of witnesses.
(3) 
Minutes. 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 also keep records of its examination and other official actions. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Town Clerk and shall be a public record.
(4) 
Rules and regulations. The Board of Appeals is hereby authorized to establish rules and regulations not inconsistent with this chapter or the statutes authorizing the same and may modify, amend or repeal such rules. Every such rule, regulation, amendment or repeal thereof shall be filed in the office of the Town Clerk and shall be a public record.
C. 
Powers. The Board of Appeals shall have the following powers:
(1) 
Review of administrative determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
[Amended 3-14-2016 by L.L. No. 2-2016]
(2) 
Use variances.
(a) 
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
(b) 
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1] 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2] 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3] 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] 
The alleged hardship has not been self-created.
(c) 
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(d) 
Notifications. At the time of submission of the application for an use variance, the applicant shall submit, in addition to otherwise required documentation, the following:
[1] 
A reproduced copy of the Tax Map or extract of the Tax Map depicting the parcel(s) of land in question and all lands within 500 feet distance from the perimeter thereof.
[2] 
A schedule of the names and addresses of the property owners within 500 feet distance from the perimeter of the parcel in question as ascertained from the office of the Town Assessor.
[3] 
Satisfactory proof that the property owners within 500 feet of the perimeter of the parcel have been notified in writing of the nature of the request for a use variance (include a brief narrative). Such notification shall include the following written statement: "An application for a use variance for lands within 500 feet of your property is being proposed. The permit application will be filed with the Building and Zoning Department of the Town of Clifton Park and may be reviewed by you during normal business hours at the Town Hall. Please call the Building and Development Department at 371-6651 if you have any questions about the procedures to review this application and the process for consideration of the proposal." Proof shall be deemed satisfactory for purposes hereof if the applicant provides evidence of mailing, by certified or registered mail, or certificate of mailing and files the receipts with the submission. Regular mail is not satisfactory notice.
[4] 
In the event that the applicant or a related company or corporation owns lands adjacent to the parcel in question, then, in such event, the notice required herein shall be provided to property owners within 500 feet of the parcel adjacent to the parcel in question.
[5] 
For purposes of this § 208-109C(2) only, the term "applicant" shall include owner, agent or applicant.
(e) 
Review of applications.
[Added 4-21-2003 by L.L. No. 2-2003]
[1] 
Referral of the application. The Zoning Board of Appeals shall refer all applications and accompanying documents for a use variance in the Land Conservation District, in whole or in part, to the Planning Board for its review and recommendation, and to the County Planning Board, if required under the provisions of § 208-112 of this chapter.
[2] 
Planning Board recommendation.
[a] 
Upon completion of its review, the Planning Board shall transmit, in writing, to the Zoning Board its recommendation for approval, approval with conditions or modifications or disapproval of the application, including a discussion of the proposal's compliance with the following:
[i] 
That the proposal conforms to the Town's comprehensive planning objectives.
[ii] 
That the proposal complies with the general requirements listed above in this article.
[iii] 
That the uses proposed shall not be detrimental to the natural characteristics of the site or adjacent land uses.
[iv] 
That each phase of the development, as it is proposed to be completed, contains the required parking facilities, landscaping and utilities necessary to create and sustain each phase independently.
[v] 
That the proposal is conceptually sound in that it meets local and area-wide needs and that the proposed roadways, pedestrian system, land use configuration, open space system, drainage system and scale of elements shall function singly and cumulatively and conform to accepted design principals.
[vi] 
That there are adequate services and utilities available or proposed to accommodate the development.
[vii] 
That the traffic generated by the proposal shall not have an adverse impact on the existing transportation network.
[viii] 
That the proposal is generally consistent with the purpose of the Land Conservation Zone per § 208-69.
[b] 
In addition, the Planning Board's report shall include a determination of the applicability of the State Environmental Quality Review Act.
[3] 
The recommendations of the Planning Board shall not be considered binding on the Zoning Board of Appeals, but shall be advisory in nature.
[4] 
The Planning Board will provide its recommendation to the Zoning Board of Appeals within 30 days of receipt of the request.
(3) 
Area variances.
(a) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
(b) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c) 
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(d) 
Notification requirements:
[Amended 3-14-2016 by L.L. No. 2-2016]
[1] 
Applications for area variances for residential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for area variances by owners of residential property: all owners of property abutting, contiguous to or adjacent to the property for which the variance is sought.
[2] 
Applications for area variances for nonresidential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for an area variance by owners of nonresidential property: owners of all property within 500 feet of the perimeter of the subject parcel.
[3] 
In each case, the notification shall identify the subject parcel for which the variance is sought, a brief summary of the relief sought, the time of the first public hearing thereon, and a statement that the application may be reviewed in the Building Department during normal business hours. Please call the Building Department at 371-6651 if you have any questions about the process for consideration.
(4) 
The concurring vote of a majority of the Board shall be necessary to grant either an area or use variance.
D. 
Special procedures relative to appeal for administrative review or variance.
(1) 
Who may appeal. An appeal to the Board of Appeals for administrative review or variance may be taken by any person, firm or corporation aggrieved or by any government officer, department, board or bureau affected by any decision of the Zoning Enforcement Officer or other administrative officer based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Board of Appeals and the Zoning Enforcement Officer a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken.
(2) 
Time of appeal.
(a) 
In the case of the refusal of the Zoning Enforcement Officer to issue a building permit or a certificate of occupancy, said notice of appeal shall be filed within  62 days from the date upon which such notice of refusal of building permit or certificate of occupancy is mailed by the Zoning Enforcement Officer. Failure to file such notice of appeal within 62 days shall constitute a waiver of the right of appeal.
(b) 
In the case of the granting by the Zoning Enforcement Officer of a building permit or a certificate of occupancy, said notice of appeal shall be filed within 62 days from the date upon which such notice of granting of building permit or certificate of occupancy is mailed by the Zoning Enforcement Officer or within 30 days after construction is commenced under said building permit or occupancy is commenced under said certificate of occupancy. Failure to file such notice of appeal within the time limited above shall constitute a waiver of the right of appeal.
(3) 
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer from which the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Zoning Enforcement Officer and on due cause shown.
(4) 
Notification requirements:
[Added 3-14-2016 by L.L. No. 2-2016]
(a) 
Applications for review of administrative determinations for residential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for review of administrative determinations by owners of residential property: all owners of property abutting, contiguous to or adjacent to the property for which the review is sought.
(b) 
Applications for review of administrative determinations by nonresidential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for a review of administrative determinations by owners of nonresidential property: owners of all property within 500 feet of the perimeter of the subject parcel.
(c) 
In each case, the notification shall identify the subject parcel for which the review is sought, a brief summary of the relief sought, the time of the first public hearing thereon, and a statement that the application may be reviewed in the Building Department during normal business hours. Please call the Building Department at 371-6651 if you have any questions about the process for consideration.
(d) 
Proof of notification shall be filed with the Board prior to the hearing on the application.
E. 
Hearing, notice, public notice, notice to parties and costs.
(1) 
Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for a variance, any appeal for administrative review or any application for a special permit.
(2) 
Notice. The Board of Appeals shall give public notice of the hearing of any application for a variance or any appeal for administrative review in the official paper at least five days prior to the date thereof and shall, at least five days before such hearing, mail notice thereof to the applicant and to the Regional State Park Commission having jurisdiction over any state parkway or parkways within 500 feet of the property affected by such appeal and shall decide the same within 62 days after the final hearing.
(3) 
Reference to the Saratoga County Planning Board. In accordance with the policy and procedures provided for by §§ 239-l and 239-m of the General Municipal Law, any proposed variance affecting land or buildings within 500 feet of the boundary of the Town of Clifton Park or from the boundary of any county or state park or other recreational area or from the right-of-way of any county or New York State park, thruway, expressway or other controlled-access highway or from the right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines or from the boundary of any county- or state-owned land in which a public building or institution is situated, shall be referred to the Saratoga County Planning Board. If the Saratoga County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such approval or recommendation, except by a majority vote of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
F. 
Provisions of appeal. If the variance is granted or other action by the appellant or applicant is authorized, the necessary permit shall be subject to the terms of § 208-107J. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned the appeal or the application and such permission and variances granted shall be deemed automatically rescinded by the Board of Appeals.
G. 
Rehearing. Upon motion initiated by any member and adopted by the unanimous vote of the members present but not less than a majority of all the members, the Board of Appeals shall review at a rehearing, held upon notice given as upon an original rehearing, any order, decision or determination of the Board not previously reviewed. Upon such rehearing, and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be prejudiced thereby, the Board may, upon the concurring vote of all of the members then present, reverse, modify or annul its original order, decision or determination.

§ 208-110 (Reserved)

§ 208-111 Penalties for offenses.

A. 
Notwithstanding any other inconsistent provision contained in this chapter and in addition to any and all provisions contained in this chapter or in other applicable laws, it shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any land area, building or structure or portion thereof in violation of any provision of this chapter or applicable building laws and regulations, including the New York State Uniform Fire Prevention and Building Code, or to fail in any manner to comply with a notice, directive or order of the building official or to construct, alter or use and occupy any land area, building or structure or part thereof in a manner not permitted by an approved permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order, notice, directive, permit or certificate of a duly authorized employee or agent of the Building, Development, Planning or Zoning Department within the time fixed therein for compliance therewith, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or property who shall knowingly violate any of the applicable provisions of this chapter or any such lawful order, notice, directive, permit or certificate, shall be guilty of an offense and, upon conviction thereof, shall, except as provided in Subsection C below, be subject to a fine not to exceed $1,500, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment, for each offense. Each day that a violation continues shall be deemed a separate offense, and the violation shall be deemed to have commenced on the earlier of the date of, or the date contained in, the written order, notice, directive, permit or certificate of the building official.
[Amended 5-2-2005 by L.L. No. 4-2005]
C. 
Any person convicted of the offense of a failure to comply with a notice of violation of the provisions of an approved site plan or subdivision plot as delineated in § 208-123B of this chapter shall be subject to a fine of not less than $1,000, nor more than $2,000, or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, subject to a fine of not less than $1,500 nor more than $4,500, or imprisonment for a period not to exceed 30 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, subject to a fine of not less than $5,000, nor more than $15,000, or imprisonment for a period not to exceed 90 days, or both. Each week or part thereof that a violation continues shall be deemed a separate offense, and the violation shall be deemed to have commenced on the earlier of the date of, or the date contained in, the notice of violation.
[Amended 5-2-2005 by L.L. No. 4-2005]
D. 
Civil penalties.
[Added 11-1-2010 by L.L. No. 8-2010]
(1) 
Separate from and in addition to all other penalties in Subsections A through C, above, any person or entity may be liable for a civil penalty of up to $250,000 pursuant to New York State Town Law § 135 upon a judicial finding of willful violation of any notice of decision, or any special condition on any site plan or subdivision plat issued by the Planning Board, or Zoning Board of Appeals requiring the preservation, restoration, rehabilitation or reconstruction of any structure as a condition of any subdivision, site plan, or variance approval or zoning change, as the case may be.
(2) 
The Town Attorney shall initiate a special action in any court of competent jurisdiction to enforce this section upon Town Board authorization.

§ 208-112 Amendment of provisions; referral to County Planning Board.

The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed or modified or repealed as provided by § 265 of the Town Law. However, all amendments to this chapter which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Town of Clifton Park or the boundary of any county or state park or other recreational area or from the right-of-way of any county or state parkway, thruway, expressway or other controlled-access highway or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the boundary of any county- or state-owned land on which a public building or institution is situated, shall be referred to the Saratoga County Planning Board. If the Saratoga County Planning Board fails to report within 30 days after receipt of a full statement of such referred matter, the Town Board of Clifton Park may act without such report. If the Saratoga County Planning Board disapproves of the proposed amendment, supplement, change or modification or recommends modification of the proposal of the Town of Clifton Park, the Town Board shall not act contrary to such disapproval or recommendation, except by a majority vote of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act.