This chapter shall be known as the "Town of
Victor Zoning Code, as amended."
A.
It is the purpose of this chapter to preserve and
protect the natural beauty of Victor, its surface waters, streams,
forests, sloped areas, wetland and flood hazard areas so that they
may be enjoyed to the fullest by this and succeeding generations of
residents and others by encouraging the most appropriate use of land
throughout the Town. Natural, scenic and historic resources shall
be given maximum possible protection. These include groundwater, wetlands,
geologic formations (drumlins) and highway corridors. The glaciated
terrain is one of the most striking aspects of the Town. It should
be preserved and protected against impacts associated with development
on steep slopes.
B.
The purpose of this chapter is to encourage the economic
and efficient distribution of public services and utilities.
C.
The purpose of this chapter is also to promote the
health, safety and general welfare of the Town of Victor by monitoring,
regulating and restricting the following elements:
(1)
The density of the population.
(2)
The height and size of buildings and the number of
stories; and other structures.
(3)
The percentages of the lots that may be occupied,
together with the size of yards and other open spaces.
(4)
The use of buildings, structures and land for purposes
of residence, trade, commerce, industry, agriculture or other purposes.
D.
Other purposes to be served by enactment of this chapter
are as follows:
(1)
Residents should be given a full range of choice in
the selection of housing types and price ranges.
(2)
Residential areas shall be kept free from incompatible
and inharmonious uses.
(3)
The environmental review process shall impose high
development standards to evaluate future projects.
(4)
Both active and passive open spaces should be provided.
Development will occur, but it should preserve the natural and scenic
resources of the community. The Town will encourage preservation of
open space along stream corridors. A voluntary Town-wide trail system
is supported.
(5)
The Town will continue to support agriculture as a
viable economic activity.
(6)
The Town will encourage the attraction, retention
and expansion of businesses and industries to provide jobs for local
residents and a healthy tax assessment base for the community.
(7)
The Town will encourage flexibility of design in large
project development.
(8)
To control traffic on streets, roads and highways.
(9)
To promote safety from fire, flood and other such
dangers.
(10)
To facilitate the adequate provision of transportation,
water, sewage, parks and other public requirements.
(11)
To encourage the most appropriate use of land in the
Town by considering, among other things, the character of each district
and its peculiar suitability for particular uses.
(12)
To establish penalties for the violation of this chapter.
E.
Decisions by the Zoning Board of Appeals and/or Planning
Board will be made after reasonable consideration of, among other
things, the character of the Town and of each district and its peculiar
suitability for particular uses in order to conserve and enhance natural
resources and environmentally sensitive areas and land values and
to protect the existing properties.
F.
Adult entertainment uses and businesses.
[Added 8-23-1993 by L.L. No. 4-1993; amended 11-13-1995 by L.L. No. 8-1995]
(1)
The Town Board of the Town of Victor has determined
that adult entertainment businesses exhibit serious objectionable
operational characteristics which can lead to significant adverse
impacts on the surrounding community and that the unrestrained proliferation
of such businesses is not consistent with existing development and
future plans for the Town of Victor in that adult entertainment businesses
often result in influences on the community which increase the crime
rate and undermine the economic, moral and social welfare of the community.
The deleterious effects of these businesses change the economic, social
and moral character of the existing community and adversely affect
existing businesses and community and family life.
(2)
Therefore, the Town Board of the Town of Victor recognizes
that special regulation is necessary in order to prevent the proliferation
of adult entertainment businesses and to ensure that the effects of
such businesses will not adversely affect the health, safety and economic
well-being of the community.
The following general regulations shall govern
the use of land in the Town of Victor.
A.
Limitations of land use. Except as provided in this
chapter, no building or part thereof or other structure shall be erected,
altered, added to or enlarged nor shall any land, building, structure
or premises be used, designated or intended to be used for any purpose
other than as for uses hereinafter listed as permitted in the district
in which such building and/or premises is located.
B.
Nonconforming use. Any lawful use existing at the
time of the passage of this chapter or its amendments may be continued
though not conforming to the regulations of the district in which
it is maintained, subject to the following regulations:
(1)
No structural alterations shall be permitted.
(2)
Enlargement of the structure is prohibited.
(3)
Such use may be continued on the premises and in the
structure where it exists at the time of the adoption hereof.
(4)
Where such nonconforming use is upon the land itself
and not enclosed within a structure or where such use involves the
removal of soil or minerals or the excavation of gravel or rock or
other material, such use may be continued upon the land so used at
the time of the adoption hereof. Any such nonconforming use of land
may be extended or expanded to include any part of the plot or parcel
of land now being used or held in reserve for future use; however,
such extension or expansion of such nonconforming uses shall not be
permitted within 200 feet of any boundary line of such plot or parcel.
(5)
Notwithstanding the foregoing provisions of this section
prior nonconforming single and two-family dwelling uses in Commercial,
Commercial/Light Industrial, and Light Industrial Districts shall
be entitled to customary accessory uses and structures as follows:
[Amended 7-25-2016 by L.L. No. 2-2016]
(a)
Customary accessory uses and structures, such as garages and storage sheds, as set forth in § 211-19. Any proposed accessory uses or structures must comply with the requirements of Chapter 83, where applicable, and must comply with current dimensional area and height requirements of the district in which the property is located.
(6)
Any structure destroyed by fire or other calamity
may be restored within 12 months of such destruction and the former
use continued, provided that the reconstruction shall not exceed the
dimensions of the destroyed property.
[Amended 7-25-2016 by L.L. No. 2-2016]
(7)
Failure to exercise any nonconforming use for a period of 12 months
or more shall terminate such nonconforming use of the structure or
premises, and thereafter such structure or premises shall be used
only in conformity with the provisions of this chapter.
[Added 7-25-2016 by L.L.
No. 2-2016]
C.
Building permits.
(2)
A building permit or special use permit shall become
void after six months from the date of issue unless construction,
alteration or use requested in the application shall be commenced.
All construction or alteration which may be commenced upon the issuance
of a permit shall be completed within two years from the date of the
issuance of the permit. Upon application to the Zoning Board of Appeals
and upon showing good cause, such building permit may be extended
on a year-to-year basis.
D.
Certificate of occupancy. Upon the completion of any
construction, alteration or conversion of any premises, the Code Enforcement
Officer shall, upon request, upon determining that such construction,
alteration or conversion conforms to the provisions of this chapter,
issue a certificate of occupancy to the applicant. Such certificate
of occupancy shall be issued without charge to the applicant.
E.
Certificate of compliance.
(1)
The Code Enforcement Officer may, upon receiving adequate
proof upon inspection of the premises, issue a certificate of compliance
to the applicant or to whom it may concern. Such certificate of compliance
shall set forth the general location of the premises, the zone in
which said premises are located, the principal use of the premises
and whether such use conforms to the district or is a nonconforming
use and, further, a general description of any structures or buildings
upon the premises and whether such structures or buildings conform
to the requirements herein or, in the alternative, are established
nonconforming uses.
(2)
In the event that the Code Enforcement Officer refuses
to issue a certificate of compliance, such matter may be taken upon
appeal to the Zoning Board of Appeals, and after hearing the applicant
or other interested persons and the Code Enforcement Officer, the
Zoning Board of Appeals shall affirm or reverse the decision of the
Code Enforcement Officer as the facts in each case may require.
F.
The provisions contained herein shall apply to all
land within the limits of the Town of Victor, excluding the Village
of Victor.
G.
Applications shall be referred to the Ontario County
Planning Board for review as required by state law.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to
interfere with, abrogate or annul any other local law, rule or regulation,
statute or other provision of law. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other local law, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher standards shall govern.
(2)
Private provisions. This chapter is not intended to
abrogate any easement, covenant or any other private agreement or
restriction, provided that where the provisions of this chapter are
more restrictive or impose higher standards or regulations than such
easement, covenant or other private agreement or restriction, the
requirements of this chapter shall govern. Where the provisions of
the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or higher standards than the
requirements of this chapter or the determinations of the Planning
Board of the Town of Victor in approving a subdivision or in enforcing
this chapter and such private provisions are not inconsistent with
this chapter or determinations thereunder, then such private provisions
shall be operative and supplemental to this chapter and determinations
made thereunder.
A.
No division of land or subdivision of any lot, tract
or parent parcel of land shall be made except in strict accordance
with the provisions of this chapter. Such alterations or divisions
of land include but are not limited to streets, sanitary sewers, storm
sewers, water mains and other underground utilities. None of these
facilities shall be laid out, constructed, opened or dedicated for
public use and travel or for the common use of occupants of buildings
except in compliance with the provisions of this chapter.
B.
All plats for divisions of land and subdivisions shall be submitted to the Town Planning Board and approved by it before they shall be recorded at the office of the Ontario County Clerk. The actions of the Planning Board are governed by the subdivision regulations delineated in Chapter 184, Subdivision of Land, of the Code of the Town of Victor.
A.
The Town Board may, from time to time, on its own
motion or on petition or on recommendation of the Planning Board,
after public notice and hearing, amend, supplement, change, modify
or repeal this chapter or change the Official Amended Zoning Map pursuant
to the Town Law. Every such proposed amendment shall be first referred
to the Planning Board for report prior to the public hereon.
B.
Permitted and special permit uses. When necessary,
uses may be added to one of the permitted and special permit uses
by the Town Board after review and recommendation by the Planning
Board. Such an addition may be made, provided that the addition meets
the following criteria:
(1)
It is not listed in any other use class.
(2)
The use is similar to the other uses listed in the
use class to which it is to be added.
(3)
The use class proposed is the most appropriate for
the use.
(4)
No general nuisance is created.
(5)
It shall not adversely affect the character of the
district.
(6)
It shall not create excessive traffic.
[Amended 9-25-1995 by L.L. No. 6-1995]
Whenever the Planning Board or Zoning Board
of Appeals, after hearing all the evidence presented upon application,
denies that application, the Board shall refuse to hold further review
of the same substantially similar application for appeals related
to the same property for a period of one year. Notwithstanding the
foregoing, the Board may, in its discretion, agree to rehear any prior
application upon a finding that a material and substantial change
in circumstances has occurred; substantial new evidence is available;
or a mistake of law or fact significantly affected the prior denial.
Such rehearing may be granted only upon the unanimous vote of the
Board.
A.
Organization.
[Amended 11-13-2000 by L.L. No. 5-2000[1]]
(1)
The Zoning Board of Appeals, hereinbefore created
pursuant to the provisions of Town Law, shall be comprised of five
members. To the extent the Zoning Board of Appeals consists of more
than five members as of the date of adoption of this Local Law No.
8-2012, each member shall continue to hold office until the expiration
of his present term. Zoning Board of Appeals members shall be appointed
by the Town Board for a term of five years. Each member of the Board
shall continue to hold office until the expiration of his present
term, at which time the Town Board shall appoint a successor so as
to maintain the Zoning Board of Appeals at five members. If a vacancy
shall occur other than by expiration of term, it shall be filled by
the Town Board by appointment for the unexpired term. No successor
shall be appointed, nor shall any appointments otherwise be made,
where such an appointment would cause the Zoning Board of Appeals
to be comprised of greater than five members.
[2]
Editor's Note: This local law also stated
that it was the intent of the Town Board to supersede the provisions
of Town Law § 267, Subdivision 6, with respect to the number
of members of the Victor Zoning Board of Appeals.
[3]
Editor’s Note: This local law also stated
that it was the intent of the Town Board to supersede the provisions
of Town Law § 267, Subdivision 5, requiring that the terms
of office of Zoning Board of Appeals members be equal in years to
the number of members of the Board.
(2)
Alternate members. Maintaining a quorum on the Zoning
Board of Appeals is jeopardized when members become ill, are on extended
vacations, or conflicts of interest are presented on matters coming
before the Board. The failure to maintain a quorum delays and/or impedes
adherence to required statutory time limitations and further impairs
the conduct of business before the Board. The use of alternate members
in such instances is hereby authorized.
(a)
"Alternate member" means an individual appointed
by the Town Board to serve as a member of the Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the Zoning Board of Appeals
(b)
Alternate members of the Zoning Board of Appeals
shall be appointed by the Town Board for a term of three years with
the term to expire on December 31 of the third year after the date
of the appointment.
(c)
The Chairperson of the Zoning Board of Appeals
may designate the alternate to substitute for a member when such member
is unable to participate on an application or matter before the Board.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the Zoning Board of Appeals meeting
at which the substitution is made.
(d)
All provisions of state law relating to the
Zoning Board of Appeals member eligibility, vacancy in office, removal,
compatibility of office and service on other boards, as well as any
provisions of a local law/local ordinance relating to training, continuing
education, compensation and attendance, shall also apply to alternate
members.
[1]
Editor's Note: This local law also stated
that it was the intent of the Town Board to supersede the provisions
of § 267 of the Town Law relating to appointment of members
to a Zoning Board of Appeals.
B.
Procedure. The Zoning Board of Appeals, consistent
with the provisions of the Town Law applicable thereto, shall determine
its own rules of conduct and procedure.
(1)
Date for public hearing. Upon receiving an application
for a variance, temporary permit or special use permit, the Zoning
Board of Appeals shall set a date for a public hearing no less than
seven days prior to the date set for the hearing and shall cause,
in such a manner as it shall direct, the written notice of such hearing
to be delivered to persons owning real property within 500 feet of
any line of the premises which is the subject of the application as
may appear upon the latest completed assessment roll, such notice
to be delivered at least five days before the date set for the public
hearing. Public hearings for special use permits shall be held jointly
with the Planning Board at a regularly scheduled Planning Board meeting.
(2)
The Secretary to the Zoning Board shall maintain a
current list of variances issued by the Zoning Board of Appeals.
C.
Powers.
(1)
Review. Any aggrieved party shall have the right to
appeal to the Zoning Board of Appeals from any order, requirements,
decision or determination made by the Code Enforcement Officer, and
said Board shall thereupon hear and determine the same.
(2)
Variances. When in its judgment the public safety, convenience and welfare will be served, the Zoning Board of Appeals may vary or modify the application or regulations or provisions of this chapter or Chapter 138 relating to the use, construction or alterations of structures or use of the land. In such cases, the Zoning Board of Appeals is empowered to grant exceptions in harmony with the general purpose and intent of the respective chapter.
[Amended 10-25-2010 by L.L. No. 8-2010]
(a)
Variances will be granted in appropriate and
specific cases only after public notice and hearing and subject to
such appropriate conditions and safeguards the Zoning Board of Appeals
may impose. These variances may be granted only in cases:
[1]
Where the appropriate use of neighboring property
will not be substantially injured thereby.
[2]
Where it shall appear that there are practical difficulties or unnecessary hardships, as the case may be, in the carrying out of the strict letter of this chapter or Chapter 138, to the end that the spirit of the respective chapter shall be observed, public safety and welfare secured and substantial justice done.
(b)
The Zoning Board of Appeals may grant a variance
as follows:
[1]
To permit in any district such modification of requirements related
to height, yards lot area and lot width as said Board may deem necessary
and proper to secure appropriate development of a lot where adjacent
thereto are buildings or structures that do not conform to such regulations.
[2]
To permit such modification or variation of the yards, lot area and lot width requirements of this chapter or Chapter 138 as will permit completion of the development of a tract of land according to the ordinance in effect when such development was first commenced, in instances where a map of a part of such tract has been approved and construction actually commenced prior to the adoption of the respective chapter.
(c)
Criteria for granting variances. The Zoning
Board of Appeals shall observe the following criteria for making a
determination on the application for a variance:
[1]
Use variance. No use variance shall be granted
by a Board of Appeals without a showing by the applicant that the
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:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
[Amended 2-13-1995 by L.L. No. 2-1995]
[b]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
[c]
The requested use variance, if granted, will
not alter the essential character of the neighborhood.
[d]
The alleged hardship has not been self-created.
[2]
Area variance. The Board of Appeals must consider
the benefit to the applicant if the variance is granted and the detriment
to the health, safety and general welfare of the neighborhood that
would occur if the variance were to be granted. The Board of Appeals
must consider the following five factors:
[a]
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.
[b]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance.
[c]
Whether the requested area variance is substantial.
[d]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or districts.
[e]
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.
(4)
Temporary permit. Upon a showing of practical difficulty
and upon application, the Zoning Board of Appeals may, in appropriate
specific cases after public notice and hearing following the issuance
of a building permit, grant a temporary permit to occupy a temporary
dwelling other than a structure for a period not to exceed 90 days;
however, this permit is granted provided that occupancy of such temporary
dwelling does not create a danger to the health and safety of the
occupant or surrounding community and further provided that the issuance
of such temporary permit is within the spirit and purpose of this
chapter.
(5)
Variance duration.
[Added 11-23-2015 by L.L.
No. 12-2015]
(a)
Variances shall become null and void unless:
[1]
Where a building permit is not required, the authorized work
or use for which the variance was sought is substantially completed
within one year from the approval of the subject variance; or
[2]
Where a building permit is required for the authorized work or use for which the variance was sought, such building permit is obtained within one year from the approval of the subject variance, and a certificate of occupancy or certificate of compliance is issued in accordance with Chapter 83.
[3]
Such time may be extended as herein provided.
(b)
Variance extension. The Zoning Board of Appeals, for good cause
shown, may, upon written application made prior to the expiration
of the time limit set forth above, extend the time within which a
building permit may be issued or, where no building permit is required,
within which the work or use may be commenced, for successive periods
of not to exceed six months each.
A.
Organization. The Planning Board, hereinbefore created
pursuant to the provisions of Town Law, shall be comprised of five
members. To the extent the Planning Board consists of more than five
members as of the date of adoption of this Local Law No. 9-2012, each
member shall continue to hold office until the expiration of his present
term. Planning Board members shall be appointed by the Town Board
for a term of five years. Each member of the Board shall continue
to hold office until the expiration of his present term, at which
time the Town Board shall appoint a successor so as to maintain the
Planning Board at five members. If a vacancy shall occur other than
by expiration of term, it shall be filled by the Town Board by appointment
for the unexpired term. No successor shall be appointed, nor shall
any appointments otherwise be made, where such an appointment would
cause the Planning Board to be comprised of greater than five members.
[1]
Editor's Note: This local law also stated
that it was the intent of the Town Board to supersede the provisions
of Town Law § 271, Subdivision 4, with respect to the terms
of office of Planning Board members.
B.
Procedure. The Planning Board, consistent with the
provisions of the Town Law applicable thereto, shall determine its
own rules of conduct and procedure.
C.
Powers.
(1)
Site plan review.
(a)
Prior to issuing a building permit for the construction
of a building on a lot in any district, except for a one-family dwelling,
the Code Enforcement Officer shall refer the site plan of such lot
to the Planning Board for its review and approval.
(b)
The power to approve, approve with conditions or deny site plans is vested in the Planning Board. Prior to issuing a building permit, the Planning Board shall review the site plan and supporting documentation for all construction except residential additions or one single-family home or residential accessory structures of less than 1,000 square feet. All motions and/or resolutions adopted by the Planning Board approving a site plan with or without modification shall include a finding that the site plan is in conformance with Chapter 55, Access Management and the Official Map, or shall state that waivers have been issued in compliance with the provisions of Chapter 55, Access Management.
[Amended 10-25-1999 by L.L. No.
10-1999; 8-26-2019 by L.L. No. 9-2019]
(c)
Excepting single-family residences and residential
additions and residential accessory structures of less than 1,000
square feet and applications for signs permits on existing structures,
all new construction, whether a new building, or an addition, or any
modification of a current site shall require a site plan approval
by the Planning Board.
[Amended 10-25-1999 by L.L. No.
10-1999; 4-23-2007 by L.L. No. 4-2007]
(d)
Before the Planning Board may approve a site plan containing residential units, such site plan shall show, when required by the Board, a park or parks suitably located for playground or other recreational purposes. In the alternative, the Planning Board may require a sum of money in lieu thereof as established by the Town Board. Any determinations or requirements pursuant to this subsection shall comply with the procedures and findings set forth in § 274-a, Subdivision 6, of the Town Law, including the credit for land or money donated in lieu thereof pursuant to subdivision plot approval. The requirements of Subdivision 6 shall not preclude the Planning Board from also mandating compliance with the open space provisions of the Town Code. (See § 211-46.)
[Added 2-13-1995 by L.L. No. 2-1995]
(2)
Special use permits. Special use permits will be granted
in appropriate and specific cases only after public notice and hearing
and subject to such appropriate conditions and safeguards the Planning
Board may impose.
(a)
These special use permits may be granted only
in the following cases:
[1]
Where the appropriate use of neighboring property
will not be substantially injured thereby.
[2]
Whenever it is provided in this chapter that
approval of the Planning Board is required, or refuse to grant the
same where such action is justified.
[3]
Where the use is a permitted special use as
set forth in this chapter.
[4]
Where the use is designed and located and proposed
to be operated such that the public health, safety and welfare and
convenience will be protected.
[5]
Where the use will not cause substantial injury
to the value of other property in the neighborhood where it is located.
[6]
Where the use will be compatible with adjoining
development and the proposed character of the district where it is
to be located.
[7]
Where adequate landscaping and screening are
provided in accordance with the circumstances with a view to aesthetic
considerations.
[8]
Where adequate off-street parking and loading
are provided and ingress and egress are so designed as to cause minimum
interference with traffic on abutting streets.
[9]
Where the use conforms to all applicable regulations
governing the district in which it is located.
(b)
The Secretary to the Planning Board shall maintain a current
list of special use permits issued by the Planning Board.
[Amended 10-23-2017 by L.L. No. 8-2017]
(c)
Public hearing. All special use permit applications require
a public hearing before the Planning Board. Notice of said public
hearing will be provided: 1) in a newspaper of general circulation
in the Town; and 2) notice shall also be sent by the staff for the
Planning Board directly to all owners of property located within 500
feet of the property subject of the special use permit application.
[Added 9-14-2015 by L.L.
No. 8-2015]
[Amended 12-11-1995 by L.L. No. 12-1995]
A.
Administration and enforcement. This chapter shall
be administered by the Code Enforcement Officer, who shall be appointed
and may be removed by the Town Board and who shall serve at the pleasure
of the Town Board. It shall be the duty of the Code Enforcement Officer
to assure the enforcement of this chapter, subject to the rules, regulations
and resolutions of the Zoning Board of Appeals, Planning Board and
the Town Board and to issue all permits or certificates required by
this chapter.
B.
Powers and duties.
(1)
It shall be the duty of the Code Enforcement Officer
to issue permits and certificates to all applicants who fully comply
with the provisions of this chapter.
(2)
Issuance of orders.
(a)
If the Code Enforcement Officer shall find that
any of the provisions of this chapter are being violated, he or she
shall notify, in writing, the persons responsible for such violations,
indicating the specific nature of the violation, and order action
to correct it. He or she shall order the following:
(b)
The Code Enforcement Officer also shall take
any other action authorized by this chapter to ensure compliance with
or to prevent violation of its provisions.
(3)
The Code Enforcement Officer shall maintain a permanent
and current record of all applications for building permits and certificates,
his or her action upon the same, any conditions relating thereto and
any other matters considered and action taken by him or her.
(4)
The Code Enforcement Officer shall provide the Zoning
Board of Appeals, in writing, with all facts pertaining to his or
her refusal to issue permits and certificates whenever such information
shall be requested by said Board.
(5)
Whenever the Code Enforcement Officer denies a certificate
or permit, he or she shall, in writing, inform the applicant of the
specific reasons for denial and instruct the applicant concerning
the proper methods and the right to apply for relief.
(6)
The Code Enforcement Officer is authorized and empowered
to issue appearance tickets pursuant to § 150.20 of the
New York State Criminal Procedure Law.
C.
Right to inspect. The Code Enforcement Officer, or
other Town officials designated by the Town Board shall have the right
to enter upon the property and premises of any business, in accordance
with law, to inspect for compliance with provisions of this chapter.
Further, any applicant, upon being granted any permit and/or site
plan approval requested under the provisions of this chapter, grants
to the Town of Victor, its officers or designed representatives, a
license to enter upon the property and premises governed by said permit
and/or site plan approval to determine that the provisions of this
chapter are being fulfilled, and to require such work to be done as
may be necessary to meet the conditions of said permit and/or site
plan approval.
[Added 12-11-1995 by L.L. No. 12-1995; amended 4-28-1997 by L.L. No. 9-1997]
D.
Technical inspections. The Town Engineer or other
designated Town representative or consultant shall, as part of any
permit granted under this chapter, have a license to enter upon the
property and premises governed by said permit to make such technical
inspections as the Town in its discretion considers necessary to ensure
compliance with the provisions of this chapter.
[Added 12-11-1995 by L.L. No. 12-1995]
E.
Right to restore. If the applicant fails to restore
any property governed by site plan approval, the Town shall have the
right, after providing notice of violation and an opportunity to cure,
to provide for the restoration of the property. For grading site plans
this may include, but is not limited to, the replacement of topsoil
in an amount of not more than six inches throughout the property,
correct drainage problems and replace vegetation.
[Added 4-28-1997 by L.L. No. 9-1997]
F.
Complaints. Any person having knowledge of any violation
of this chapter may file a complaint in writing, with the Town Clerk,
and the Code Enforcement Officer shall thereupon make an investigation
and report his findings to the Town Board.
[Added 4-28-1997 by L.L. No. 9-1997]
[Amended 1-22-1996 by L.L. No. 1-1996; 8-27-2012 by L.L. No. 15-2012]
A.
Enforcement
official. It shall be the duty of the Code Enforcement Officer to
enforce this chapter and to bring to the attention of the Town Board
any violations or lack of compliance herewith.
B.
Enforcement
of open space, natural resource and landscaping requirements. All
open space, natural resource and landscaping requirements, including
conservation easements and deed restrictions required by the Town,
are enforceable by the Town Code Enforcement Officer. Failure to comply
with said requirements shall be a violation of this chapter, subject
to penalties as set forth herein.
C.
Violations.
Any person, firm or corporation who or which fails to comply with
or violates any of the provisions of this chapter shall be guilty
of an offense and subject to the penalties for that offense or offenses.
D.
Penalties.
For each violation, any person, firm, company or corporation who or
which neglects or refuses to do any act required by this chapter shall
be guilty of an offense and shall be punishable as follows:
(1)
For
the first offense: a fine of up to $350 or imprisonment for up to
six months, or both.
(2)
For
the second offense within five years: a fine of $350 to $700 or imprisonment
for up to six months, or both.
(3)
For
the third offense within five years: a fine of $700 to $1,000 or imprisonment
for up to six months, or both.
E.
Civil
enforcement. Appropriate actions and proceedings may be taken by law
or in equity proceedings to prevent any violation of this chapter,
to prevent unlawful construction, to recover damages, to restrain,
correct or abate a violation and to prevent illegal occupancy of a
building, structure or premises. These remedies shall be in addition
to the penalties described above. Consequently, the Town Board may
institute any appropriate action or proceeding to prevent and to restrain,
correct or abate such violation or to prevent any illegal act, conduct,
business or use in and about such premises.
