The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed by the Town Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 700-25 below. The Code Enforcement Officer shall receive such compensation as the Town Board shall determine.
A.
It shall be the duty of the Code Enforcement Officer
or his duly authorized assistants to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter. In the fulfillment
of their duties, the Code Enforcement Officer or his authorized assistants
may enter any premises or building at a reasonable time to determine
whether or not the same is in violation of this chapter.
B.
If the Code Enforcement Officer shall find that any
of provisions of this chapter are being violated, he shall notify
in writing the person responsible for such violations, indicating
the nature of the violation and ordering the action to correct it.
In his efforts to attain compliance the Code Enforcement Officer shall
have the authority to order discontinuance of illegal uses of land,
buildings or structures; removal of illegal buildings or structures
or of illegal additions, alterations or structural changes; stop work;
or discontinuance of any illegal work being done. On the serving of
notice by the Code Enforcement Officer to the owner of any property
violating any of the provisions of this chapter, the certificate of
zoning compliance for such building or use shall be held null and
void. A new certificate of zoning compliance shall be required for
any further use of such building or premises.
C.
It shall be the duty of the Code Enforcement Officer
to issue building and special use permits and certificates to all
applicants who fully comply with the provisions of this chapter.
D.
The Code Enforcement Officer shall maintain a permanent
and current record of all applications for building and special use
permits and certificates, his action upon the same, any conditions
relating thereto and any other matters considered and action taken
by him. Such records shall form a part of the records of his office
and shall be available for use by Town officials and for inspection
by the public.
E.
The Code Enforcement Officer shall submit a monthly
report to the Town Board listing all applications received, inspections
made, referrals and action taken. A copy of this report shall be transmitted
concurrently to the Planning Board.
F.
Whenever the Code Enforcement Officer denies a permit
or certificate he shall, in writing, inform the applicant of the specific
reasons for denial and instruct the applicant on the proper methods
to apply for relief.
G.
The Code Enforcement Officer shall maintain a current
list and a map of nonconforming uses to determine if discontinuance
or destruction or change in use or vacancy has taken place.
H.
The Code Enforcement Officer shall maintain a current
list and a map showing the variances issued by the Board of Appeals
and special use permits approved by the Planning Board to determine
if the conditions and safeguards placed on variances and special permits
are being complied with.
I.
Upon written direction from the Town Board, the Code
Enforcement Officer shall issue special use permits. Upon approval
of a variance by the Board of Appeals, the Town Clerk shall direct
the Code Enforcement Officer to issue the necessary permits with the
specific conditions to be imposed.
J.
The Code Enforcement Officer shall be authorized and
empowered to issue appearance tickets pursuant to § 150.20
of the Criminal Procedure Law of the State of New York.
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A building and use permit or special
permit shall be a prerequisite to the erection or alteration of a
building, structure or use thereof. Permits issued pursuant to this
section shall expire in 18 months unless the project is completed.
The Code Enforcement Officer may grant an extension for time of completion
and include any conditions or requirements deemed necessary or desirable.
Applicants shall justify the need for the proposed extension. Unless
such an extension is requested and approved, further work as described
in the canceled permit shall not proceed until a new permit has been
obtained. If a project is not initiated within six months of the issuance
of the permit, the permit issued shall be considered null and void.
A.
Building and use permit.
(1)
The Code Enforcement Officer is hereby empowered to
issue a building and use permit for any plans regarding the construction
or alteration or demolition of any building or part of any building
or the change in the use of any land area or part thereof, where he
shall determine that such plans are not in violation of the provisions
of this chapter and the New York State Uniform Fire Prevention and
Building Code.[1]
(2)
No building or structure shall be erected, moved,
added to or structurally altered or changed in use without a building
and use permit therefor issued by the Code Enforcement Officer. No
building and use permit shall be issued by the Code Enforcement Officer
except in conformity with the provisions of this chapter, unless he
receives a written order from the Board of Appeals in the form of
an administrative review or variance as provided by this chapter.
B.
Certificate of zoning compliance.
(1)
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued therefor by the Code Enforcement
Officer stating that the proposed use of the building or land conforms
to the requirements of this chapter.
(2)
No building and use permit for the erection, alteration
or moving of any building or the conduct of any use shall be issued
until an application has been made for a certificate of zoning compliance.
(3)
A temporary certificate of zoning compliance may be
issued by the Code Enforcement Officer for a period not exceeding
six months during which time final alterations and/or construction
shall be completed. The Code Enforcement Officer may permit partial
occupancy of a building pending its completion, provided that such
temporary certificate may include such conditions and safeguards as
will protect the safety of the occupants and the public.
C.
Special use permit.
(1)
The special use permit uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article X, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2)
A special use permit shall authorize only one particular
special use. The special use permit shall expire if the use shall
cease for more than one year for any reason.
(3)
No person shall be issued a special use permit for
a property where there is an existing violation of this chapter. Before
any special use permit shall be issued, the Town Board shall make
written findings certifying compliance with the specific rules governing
individual special permit uses and that satisfactory provision and
arrangement has been made concerning the following, where applicable:
(a)
Ingress and egress to property and proposed
structures thereon, with particular reference to vehicular and pedestrian
safety and convenience, traffic flow and control and access in case
of fire or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection C(3)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district and the economic impact of the proposed special permit use.
(d)
Utilities as appropriate, with reference to
locations, availability and compatibility.
(e)
Screening and buffering, with reference to type,
dimensions and character.
(f)
Signs, if any, and proposed exterior lighting,
with reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
(g)
Required yards and other open space.
(h)
General compatibility with adjacent properties
and other property in the zone district.
(4)
The Town Board shall have the right to amend and/or
revoke said special use permit upon a finding by the Code Enforcement
Officer of violations of the terms and conditions thereof and/or a
finding by the Code Enforcement Officer of violations of this chapter,
subsequent to the issuance of said permit.
(5)
The Town Board shall also have the authority to grant
special use permits for a period of 12 months subject to annual renewal.
A.
Building and use permits.
(1)
All applications for building and use permits shall be made in triplicate to the Code Enforcement Officer on forms supplied by him in detail specified in § 700-28 of this chapter.
(2)
One copy of the application and supporting documents
shall be returned to the applicant by the Code Enforcement Officer,
after he shall have marked such copy either as approved or disapproved
and attested to the same by his signature on such copy. The original
and all remaining copies of the application, similarly marked, shall
be retained by the Code Enforcement Officer.
(3)
Where the proposed use is farm-related, a single-family
or two-family residence, or accessory structures to single-family
and two-family residences, the Code Enforcement Officer shall carefully
consider the application for compliance with this chapter and may
either issue or deny the permit applied for. When the application
is for any other permitted use in any zone, the Code Enforcement Officer
shall, prior to the issuance of any permit, refer one copy of such
plans, drawings and statements to the Planning Board and the Conservation
Advisory Board for review and recommendation. All proposals for permits
within the C-O Conservation Overlay District shall be referred to
the Planning Board for its recommendations, prior to the issuance
of the permit.
[Amended 5-11-2000 by L.L. No. 1-2000; 8-11-2005 by L.L. No.
2-2005; 5-12-2020 by L.L. No. 1-2020]
(4)
All permit applications referred to the Planning Board
shall be reviewed to determine the consistency of the proposed site
development plan with the goals and objectives of the Town's Master
Plan, that the proposed improvements are sufficient to adequately
serve the proposed use, that adjacent properties are protected from
potential negative impacts and that potential adverse environmental
impacts are minimized.
[Amended 5-11-2000 by L.L. No. 1-2000; 8-11-2005 by L.L. No.
2-2005]
(5)
The Planning Board shall, within 62 days after receipt
of a complete application, recommend approval or disapproval of the
proposed development or construction. In the event of disapproval,
reasons shall be stated clearly to the Town Board in writing for its
final decision. The Code Enforcement Officer shall deny a building
and use permit for the proposed construction until such conditions
as the disapproval is based upon have been corrected, and written
approval of the Town Board is obtained. The absence of a reply from
the Planning Board within the sixty-two-day review period shall constitute
approval, and the Town Board may act immediately.[1]
(6)
The Planning Board may conduct a public hearing on
the preliminary site plan. If a public hearing is considered desirable
by a majority of the members of the Planning Board, such public hearing
shall be conducted within 62 days of the receipt of the complete application
and shall be advertised in the official newspaper of the Town at least
five days before the public hearing. If a public hearing is held on
an application, the time period within which the Planning Board shall
act on the proposal shall be extended up to a maximum of 62 days following
the date of the public hearing, prior to referring the matter to the
Town Board for a final decision.[2]
B.
Certificate of zoning compliance.
(1)
All applicants, upon application for a building and
use permit, shall make application to the Code Enforcement Officer
on forms supplied by him for a certificate of zoning compliance.
(2)
Within 10 days after the erection or alteration or
change in use shall have been completed, the applicant shall so notify
the Code Enforcement Officer, who shall conduct a final inspection
of the premises to determine whether the erection or alteration comply
with the requirements of this chapter. If the Code Enforcement Officer
determines that said building or use complies with the provisions
herein, he shall issue a certificate of zoning compliance. If it is
determined that the provisions specified herein are not fully complied
with, the Code Enforcement Officer shall specify the violations and
the terms and conditions for remedying these violations. A certificate
of zoning compliance shall not be issued until such violations are
corrected.
(3)
A nonconforming building or use shall not be maintained,
renewed, changed or extended without a certificate of zoning compliance
(certificate of existing use) having first been issued by the Code
Enforcement Officer. The certificate of zoning compliance shall state
specifically wherein the nonconforming use differs from the provisions
of this chapter.
C.
Special use permit.
(1)
All applications for special use permits shall be
made in quadruplicate to the Code Enforcement Officer on forms provided
by the Code Enforcement Officer. Such application must be submitted
to the Code Enforcement Officer by the first Tuesday of the month
to be place on the Planning Board agenda for that month. Applications
submitted after such date shall not be considered until the following
month. Prior to submittal of an application for a special use permit,
the applicant shall have the option to attend a preapplication conference
with the Planning Board to discuss the proposed special use permit.
At the preapplication conference, the applicant shall have the opportunity
to discuss what the applicant is proposing with the Planning Board
and receive feedback from the Planning Board as to concerns that may
have to be addressed in the application.[3]
(2)
Upon receipt of an application for a special use permit,
the Town Clerk shall mail written notice of such application to the
owners of property within 500 feet of the property line of the subject
property. Such notice shall include a description of the proposed
project and its location, and may be sent in conjunction with any
other notice required by state or local law, ordinance, rule or regulation
for said project. The cost of said mailing shall be borne by the applicant
and, if paid initially by the Town, shall be reimbursed by the applicant
prior to the issuance of any special work permit.
(3)
The Code Enforcement Officer, after determining that
an application is in proper form, shall transmit copies of the application
and all supporting documents to the Planning Board for review and
recommendation to the Town Board.
(4)
The Code Enforcement Officer shall transmit a copy
of the complete application and supporting documents to the County
Planning Board for review when required under Article 12-B, § 239-m,
of the General Municipal Law.
(5)
The application shall include a site plan of the special permit use and subject parcel drawn to scale which includes all of the data specified in § 700-28 of this chapter.
(6)
The Planning Board shall, within 30 days following
receipt of a complete application, prepare a written report recommending
action by the Town Board either to approve, approve with conditions
or reject the proposal.
(7)
The Town Board shall conduct a public hearing within
30 days following the receipt of the Planning Board's recommendation.
Within 30 days from the date of such public hearing, the Town Board
shall, by resolution, either approve or disapprove the application
so heard unless it is determined that prior to the approval of the
proposed action, a coordinated review is required under SEQR, in which
case the Town shall have an additional 62 days following the public
hearing to make its determination.[4]
(8)
The thirty-day period for a determination by the Town
Board following the public hearing may be extended by mutual agreement
of the applicant and the Town Board. In approving an application,
the Town Board may impose modifications or conditions it deems necessary
to conform to the goals and objectives of the Town's Master Plan and
its principles of land use and development and to protect the health,
safety or general welfare of the public.[5]
(a)
If an application is approved by the Town Board,
the Code Enforcement Officer shall be furnished with a copy of the
approving resolution of the Board, and he shall issue the permit applied
for in accordance with the conditions imposed by the Planning Board.
(b)
If any application is disapproved by the Town
Board, the reasons for such denial shall be set forth in the Board
resolution, and a copy of such resolution shall be transmitted to
the Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval.
(c)
The Code Enforcement Officer shall transmit
one copy of all approved and denied applications to the Planning Board
and one copy of all approved applications to the Town Tax Assessors.
A.
Building and use permits. Each application for a building
and use permit shall be made in quadruplicate and accompanied with
a site plan. The materials to be submitted with each application shall
clearly show the conditions on the site at the time of the application,
the features of the site which are to be incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. The application shall include the following information
and plans for both before and after conditions:
(1)
The location, design, dimensions, use and height of
each building and yard area.
(2)
Property boundaries, as shown on an accurate survey,
including the precise location of the center line of the road, dimensions,
scale, North arrow, date and general location map.
(3)
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking.
(4)
Provisions for water supply, sewage disposal and storm
drainage.
(5)
The location of fire hydrants.
(6)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including any and all
requirements to comply with the local Environmental Quality Review
Law (SEQR)[1] adopted by the Town Board, other community impacts and
the identification of any state or county permits required for the
project's execution.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
B.
Special use permits. In addition to the information
specified above for building and use and temporary use permits, applicants
for special use permits shall include the following additional information:
(1)
The location and design of outdoor-lighting facilities.
(2)
The location and design of construction materials
of all proposed signs.
(3)
The location and capacity of all areas to be used
for loading and unloading and the distance to the nearest intersection.
(4)
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
(5)
The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
(6)
The location of fire and other emergency zones.
C.
Each application for a building or special use permit
shall be accompanied by the Application Checklist included at the
end of this chapter and shall contain all the materials required to
be supplied as set forth on such checklist and as otherwise required
in the applicable provision of the Code of the Town of Marilla.
[Added 12-14-2006 by L.L. No. 2-2006]
D.
An application shall not be deemed to be complete
unless the checklist and all the materials required to accompany such
application are supplied with such application. Upon receipt of an
incomplete application, the Code Enforcement Officer shall return
such application to the applicant and direct the applicant to provide
a complete application. The Code Enforcement Officer shall not refer
the application to any other body of the Town until the application
is deemed by him to be complete for such purposes. Notwithstanding
such initial determination, the applicable body of the Town may determine
that such application is not complete and refer it back for additional
information. Time frames for the approval of any action by the Town
shall not begin to commence until receipt of a complete application.
[Added 12-14-2006 by L.L. No. 2-2006]
