The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits for new construction, alteration, enlargement and occupancy of all uses to ensure compliance with the requirements of this chapter, and he shall record and file all applications for permits with accompanying plans and documents and make such reports as may be required. Building permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Article IV hereof shall be issued only upon the written order of the Zoning Board of Appeals.
A.
Purpose. To ensure compliance with the provisions of this chapter,
no person shall erect, alter or convert any structure or building,
or part thereof nor alter the use of any land, subsequent to the adoption
of this chapter, until a building permit has been issued by the Building
Inspector. Building permits may be valid for a limited period of time
for special uses of a temporary nature as set forth herein and for
other uses as may be regulated by the Zoning Board.
B.
Water supply and sewage disposal. All water supply and sewage disposal
installations shall conform to the New York State Department of Health
regulations. No site plan in any district shall be approved by the
Building inspector unless such conformity is certified on the plan.
C.
For principal permitted uses. All such applications shall be accompanied
by plans, in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon; the exact size and location
of any building sign, parking or loading area or other physical feature
existing; the intended use of each building or part of a building;
the number of families, dwelling units, employees, offices or other
appropriate units of occupancy which the building is designed to accommodate;
and such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved, and one copy of all applications,
with accompanying plans and documents, shall become a public record
after a permit is issued or denied.
D.
For special uses. All such applications shall be accompanied by plans
and such other information as may be required by the Zoning Board.
E.
Issuance of permits.
(1)
It shall be the duty of the Building Inspector to issue a building
permit, provided that he is satisfied that the structure, building,
sign, parking area and the proposed use conforms to all the requirements
of this chapter and other applicable ordinances and that all other
reviews and actions, if any, called for in this chapter have been
complied with and all the necessary approvals have been secured therefor.
(2)
All building permits shall be issued in accordance with the Building
Code of the Village of South Glens Falls and the rules and regulations
of the Building Inspector. No owner, contractor, workman or other
person shall perform any building operations of any kind unless a
building permit covering such operation has been obtained as required
by this chapter, nor shall they perform building operations of any
kind after notification of the revocation of said building permit.
F.
Denial of permits. When the Building Inspector is not satisfied that
the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit, and the
applicant may appeal to the Zoning Board of Appeals for a reversal
of the Inspector's decision.
G.
Revocation of permits. If it shall appear at any time to the Building
Inspector that the application or accompanying plan is in any respect
false or misleading or that work differing materially from that called
for in the applications filed with him under existing laws or ordinances
is being done upon the premises, he may forthwith revoke the building
permit whereupon it shall be the duty of the person holding the same
to surrender it and all copies thereof to said Building Inspector.
After the building permit has been revoked, the Building Inspector
may, in his discretion, before issuing a new building permit, require
the applicant to file an indemnity bond in favor of the Village of
South Glens Falls with sufficient surety conditioned for compliance
with this chapter and all laws and ordinances then in force and in
a sum sufficient to cover the cost of removing the building or structure
if it does not so comply.
For new uses. After completion of the whole building or structure
and upon the sworn application by the owner or his duly authorized
agent setting forth such facts as the Building Inspector may require,
and after actual inspection of the premises by the Building Inspector
or his duly authorized assistant, the Inspector shall, upon finding
the facts to be as represented, issue, in duplicate, an occupancy
permit certifying that the premises complies with the provisions of
this chapter and may be used for the purposes set forth in the permit,
which purposes shall conform to the requirements of this chapter.
No change of use shall be made in any building, structure or premises
now or hereafter erected or altered which is not consistent with the
requirements of this chapter. Any person desiring to change the use
of his premises shall apply to the Building Inspector for an occupancy
permit. A copy of the occupancy permit shall be kept at all times
upon the premises affected and shall be displayed upon a request made
by any building inspector or police officer. A record shall be kept
of all occupancy permits issued, and the original applications therefor
shall be kept on file in the same manner as applications for building
permits. No owner, tenant or other person shall use or occupy any
building or structure thereafter erected or altered, the use of which
shall be changed after the passage of this chapter, without first
procuring an occupancy permit, provided that an occupancy permit,
once granted, shall continue in effect so long as there is no change
of use regardless of change in the personnel of tenants or occupants.
A.
Appeal from Building Inspector.
(1)
Procedure for appellant.
(a)
An appeal to the Zoning Board from any ruling of any administrative
office administering any portion of this chapter may be taken by any
person aggrieved or by an officer, department, board or bureau of
the Village affected thereby. Such appeal shall be taken by filing
with the officer from whose action the appeal is taken and with the
Zoning Board by filing with the Secretary thereof a notice of appeal
specifying the grounds therefor.
(b)
All applications and appeals made to the Zoning Board shall
be in writing on forms prescribed by the Building Inspector. Every
application or appeal shall refer to the specific provision of this
chapter and shall exactly set forth the interpretation that is claimed,
the plans for a special use or the details of the variance that is
applied for, in addition to the following information:
[1]
The name and address of the applicant or appellant.
[2]
The name and address of the owner of the zone lot to be affected
by such proposed change or appeal.
[3]
A brief description of and the location of the zone lot to be
affected by such proposed change or appeal.
[4]
A statement of the present zoning classification of the zone
lot in question, the improvements thereon and the present use thereof.
[5]
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under this application
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected indicating the location and
size of the lot and the size of improvements thereon and proposed
to be erected thereon.
(2)
Procedure for Building Inspector.
(a)
The notice of appeal, in any case where a permit has been granted
or denied by the Building Inspector, shall be filed within such time
as shall be prescribed by the Zoning Board under general rule after
notice of such action granting or denying the permit has been mailed
to the applicant. The Building Inspector shall forthwith transmit
to the Zoning Board all papers constituting the record upon which
the action appealed from was taken or, in lieu thereof, certified
copies of said papers.
(b)
It shall be competent for the Building Inspector to recommend
to the Zoning Board a modification or reversal of his action in cases
where he believes substantial justice requires the same but where
he has not himself the sufficient authority to grant the relief sought.
(3)
Procedure for the Zoning Board. The Zoning Board shall decide each
appeal within a reasonable time. Upon the hearing, any party may appeal
in person or be represented by an agent or attorney. The Zoning Board's
decision shall be immediately filed in its office and shall be a public
record. In the exercise of its functions upon such appeals or upon
exceptions, the Zoning Board may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order or requirement or may make such order, requirement, decision
or determination in accordance with the provisions hereof.
(4)
Expiration of appeal decision. Unless otherwise specified by the
Zoning Board, a decision on any appeal or request for a variance shall
expire if the applicant fails to obtain any necessary building permit
or to comply with the conditions of said authorized permit within
six months from the date of authorization thereof.
(5)
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Building Inspector certifies
for the Zoning Board, after the notice of appeal shall have been filed,
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 Zoning Board, or by the Supreme
Court on application, on notice to the Building Inspector and on due
cause shown.
B.
Article 78 hearing.
(1)
Application to the Supreme Court by aggrieved persons. Any person
or persons jointly or severally aggrieved by any decision of the Board
of Appeals or any officer, department, board or bureau of the Village
may apply to the Supreme Court for the review by a proceeding under
Article 78 of the Civil Practice Law and Rules. Such proceedings shall
be instituted within 30 days after the filing of a decision of the
Board in the office of the Village Clerk. The Court may take evidence
or appoint a referee to take such evidence as it may direct and report
the same with his or her findings of fact and conclusions of law,
if it shall appear that testimony is necessary for the proper disposition
of the matter. The Court at Special Term shall itself dispose of the
cause on the merits, determining all questions which may be presented
for determination.
(2)
Costs of appeal. Cost shall not be allowed against the Board of Appeals
unless it shall appear to the court that it acted with gross negligence
or in bad faith or with malice in making the decision appealed from.
(3)
Preference of appeal to Court. All issues in any proceeding under
this subsection shall have preference over all other civil actions
and proceedings.
(4)
Power of Court. If, upon the hearing at a Special Term of the Supreme
Court, it shall appear to the Court that testimony is necessary for
the proper disposition of the matter, it may take evidence or appoint
a referee to take such evidence as it may direct and report the same
to the Court with his or her findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the determination
of the Court shall be made. The Court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review.
The Zoning Board shall fix a reasonable time for the hearing
on the appeal or application and shall give due notice to the following
officials, persons and owners of property not less than five days
prior to the day of the hearing:
A.
When appealing action of the Building Inspector. In the case of an
appeal alleging error or misinterpretation in any order or other action
by the Building Inspector, the following persons shall be notified:
The Inspector, the appellant and the person or persons, if any, who
benefit from the order, requirement, regulation or determination.
B.
When appealing for a variance or special use. In the case of an appeal
for a variance or in the case of an application for a special use,
as provided for in this chapter, the following persons shall be notified:
all owners of property within 200 feet of the nearest line of the
property for which the variance or special use is sought and such
other property owners as the Chairman of the Zoning Board may direct.
C.
Adjournment of hearing. Upon the day for hearing any application
or appeal, the Zoning Board may adjourn the hearing for a reasonable
period of time for the purpose of causing such further notice as it
deems proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
D.
Required interval for hearings on applications and appeals after
denial. Whenever the Board, after hearing all the evidence presented
upon an application or appeal, under the provisions of this chapter
denies the same, the Zoning Board shall refuse to hold further hearings
on said or a substantially similar application or an appeal by the
same applicant or his successor or assign for a period of one year,
except and unless the Zoning Board shall find and determine from the
information supplied by the request for a rehearing that changed conditions
have occurred relating to the promotion of the public health, safety,
convenience, comfort, prosperity and general welfare and that a reconsideration
is justified.
A.
Complaints of violations. Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Building inspector,
who shall properly record such complaint and immediately investigate
and report thereon to the Board of Trustees.
B.
Procedure for abatement of violations. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or in case any building, structure or land is used in
violation of this chapter or of any local law, ordinance or regulation
made under authority conferred hereby, the Board of Trustees or the
Building Inspector, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
C.
Any owner, lessee, contractor, agent or other person who uses or
maintains, or permits or causes to be used or maintained, any building
or premises or any part thereof in the Village for any purpose other
than the uses permitted therefor in this chapter; or who erects, enlarges,
alters or maintains, or permits or causes to be erected, enlarged,
altered or maintained, any building or structure or any part thereof
in the Village except in conformity with the provisions of this chapter;
or who uses or maintains, or permits or causes to be used or maintained,
any building or any part thereof in the Village which has been erected,
enlarged or altered other than in conformity with the provisions of
this chapter; or who otherwise violates any provision of this chapter
shall be subject to a penalty for each violation thereof of a fine
of not more than $250 or imprisonment for a term not exceeding 15
days, or to both such fine and imprisonment.
D.
Any violation of this chapter may also be enjoined pursuant to law.
E.
In addition to any other remedies or penalties that may be imposed,
a violation of this chapter shall entitle the Board of Trustees to
undertake to remedy or repair the conditions constituting the violation
at the premises owner's expense in order to bring the premises
into conformity and compliance with this chapter, and the actual disbursements
and expenses therefor shall become a charge and a lien upon the premises,
and the same shall be added to the premises next annual Village tax
bill to be collected in accordance with the provisions of law and
procedure for the payment of Village taxes with interest, as may be
provided by law. This provision shall be in addition to any other
provisions, penalties or powers available to the Village for enforcement
of this chapter.
A.
Purpose. The purpose of this section is to establish and provide
for an equitable and effective development standard for securing adequate
land and funding for parks, playgrounds and open space recreation
areas in the Village of South Glens Falls.
B.
Recreation fees.
(1)
The Planning Board shall require, as condition of approval of a final site plan that includes dwelling units, the payment of recreation fees for each dwelling unit in such amount to be set by the Village Board as required in § 153-37. The recreation fees per dwelling unit are established and amended by resolution of the Village Board. Such fees shall be paid to the Village at the time of final site plan approval, and no such final site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held by the Village of South Glens Falls in a special fund for acquisition and development of recreation land and related improvements. All money in this fund is to be used only for:
(a)
The purchase of land that is suitable for new or enlarged parks,
playgrounds or open spaces and located so as to serve the inhabitants
of the Village's residential neighborhoods.
(b)
The improvement of new or existing park, playground and open
space lands which serve the Village's residential neighborhoods.
(2)
In any case, the Planning Board shall be satisfied that required
recreation land will be maintained and will not be used for other
than recreation purposes.
C.
Land dedication in lieu of fees.
(1)
In cases where the Village Board finds that due to the size, shape
or location of the final site plan, land dedication for a park, playground
or other recreational purpose is preferable to the payment of a recreation
fee, the Village Board may waive the fee and require as a condition
of approval the dedication of land for recreational purposes.
(2)
The owner/developer shall then file with the Village Board a plan
detailing the sites for the development of a park, playground or other
recreational facility. Recreation space shall be provided by the owner/developer
on the basis of at least 1,000 square feet per dwelling unit, but
in no case shall the amount be more than 10% of the total area of
the final site plan. Such area or areas may be dedicated to the Village
by the owner/developer if the Village Board approves such dedication.
All lands designated on the final site plan as park, playground or
other recreation areas not in Village ownership shall be subject to
such conditions as the Planning Board may establish, such as hours
of operation, access to the general public, use and maintenance of
such lands as deemed necessary to assure the preservation of such
land for its intended purpose. Such conditions shall be shown on the
final site plan prior to approval and filing. The Planning Board shall
consider the following in determining the suitability of the reserved
land for recreational purposes:
D.
Nothing in this section will be construed as prohibiting an owner/developer
from reserving land for recreation purposes in addition to the requirements
of this section.
E.
The Planning Board shall not at any time authorize the waiver of
both the fee and land dedication in lieu thereof requirements.
Any fee imposed by any process or proceeding under this chapter
shall be established by resolution of the Village Board and collected
by the Village Clerk.
