A.
Building Inspector. The Town Board shall appoint a
Building Inspector who shall be charged with the general and executive
administration of this chapter. The Town Board shall fix the salary
or remuneration of such officer and shall provide for payment thereof.
The duties of the Building Inspector shall be as follows:
(1)
To enforce all provisions of this chapter and all
rules, conditions and requirements adopted or specified pursuant thereto.
(2)
To act promptly on all applications for building permits
and certificates of occupancy.
(3)
To maintain files for all applications for building
permits and plans submitted therewith and for certificates of occupancy
and for records of all building permits and certificates of occupancy
issued by him, which files and records shall be open to public inspection.
(4)
To record all identifiable complaints of violations
of any provision of this chapter, and the subsequent action taken
on each such complaint, which shall be public records.
(5)
To file a report with the Town Board at monthly intervals,
summarizing for the period since the last previous report, listing
all building permits and certificates of occupancy issued by him and
all complaints of violations and the subsequent action taken by him
in each case. The said Inspector or his duly authorized assistants
shall have the right to enter any building or enter upon any land
at any reasonable hour in the course of their duties.
B.
Building permits.
(1)
No building or structure shall be erected, demolished
or structurally altered until a permit therefor has been issued by
the Building Inspector. Except upon a written order of the Board of
Appeals, no such building permit or certificate of occupancy shall
be issued for any building where said construction, addition or alteration
or use thereof would be in violation of any of the provisions of this
chapter.
(2)
Application.
(a)
All persons desiring a building permit shall
apply in duplicate on an appropriate form stating the proposed work,
use and occupancy. The application for a permit shall be accompanied
by two copies of all plans, drawn to scale, showing the actual dimensions
of the plot to be build upon and the locations of the building and
any accessory buildings to be erected on the plot and the location
of any proposed alterations, relocation, demolition or other structural
change, and any other pertinent information as may be necessary to
determine and provide for the enforcement of this chapter.
(b)
If approval of plans is required by the Planning
Board/Zoning Board of Appeals, Board of Appeals, County Health Department
or other agency for any of the proposed work, the applicant shall
obtain such approval in writing and submit it along with the application
for a building permit.
[Amended 2-25-2020 by L.L. No. 1-2020]
(3)
Approval.
(a)
The Building Inspector upon determining that
the proposed work, use and occupancy are in compliance with this chapter,
and other applicable ordinances and regulations, shall approve the
application within 10 days and issue a building permit in connection
therewith.
(b)
If the proposed work, use and occupancy do not
comply with all sections of this chapter, a written order issued by
the Board of Appeals excepting the applicant from compliance with
such provisions shall be deemed sufficient to allow the issuance of
a building permit. With the building permit, the Building Inspector
shall return one copy of all plans and the application marked as approved.
(4)
Disapproval. Should the Building Inspector determine
that the proposed work, use and/or occupancy are not in compliance
with this and other applicable ordinance, codes or restrictions, he
shall disapprove the application and return one copy of said application
and plans marked as disapproved and with a statement of reasons for
such disapproval, within 10 days.
(5)
Fees. Every application for a building permit shall
be accompanied by a fee as determined by the Town Board of the Town
of Coeymans in accordance with the State of New York Executive Law,
Article 18. A schedule of fees shall be posted in the Building Inspector's
office, as adopted from time to time by the Town Board of the Town
of Coeymans.[1]
[Amended 3-1-1962; 4-24-1990]
(6)
Validity. Each building permit issued shall remain
valid for a period of one calendar year following the date of issuance.
Prior to expiration of a permit the applicant may apply for an extension
of the original permit; such extension shall be for a reasonable time
as determined by the Building Inspector.
(7)
Rescission. The Building Inspector, for just cause,
may rescind a building permit which he has issued. he shall notify
the applicant in writing of his reasons for such rescission.
C.
Certificates of occupancy.
(1)
Application.
(a)
All persons desiring permission to occupy and
use any part of a building or structure following construction, alteration,
repair, extension, relocation or any structural changes, wholly or
in part; or to change the use of an existing building, wholly or in
part; or to change the use of a plot of land for other than agricultural
purposes; or to occupy and use vacant land, shall apply to the Building
Inspector for a certificate of occupancy.
(b)
Any such application shall be made in duplicate
on an appropriate form stating the reason for such application and
the location of the building or property in question. Such application
shall be made concurrently with the application for a building permit
if such a permit is required. The applicant shall furnish such data
and documents as may be required by the Building Inspector for the
performance of his duty.
(2)
Approval.
(a)
The Building Inspector shall issue a certificate of occupancy for any of the reasons stated in § 165-12C(1) above, after determining by inspection:
(b)
Such certificates, when issued, shall authorize
the applicant to occupy and use the building or land in such manner
as requested on the application.
(3)
Disapproval. Should the Building Inspector refuse
to issue a certificate of occupancy he shall return one copy of the
application marked as disapproved and with a statement of the reasons
for such disapproval within 10 days.
(4)
Validity. A certificate of occupancy shall remain
valid only as long as the specific conditions under which it was issued
are maintained.
(5)
Rescission.
(a)
The Building Inspector, for just cause, may
rescind a certificate of occupancy which he has issued. He shall notify
the applicant in writing of his reasons for such rescission.
(b)
Temporary certificate. The Building Inspector
may issue a temporary certificate of occupancy under such rules and
conditions as the Board of Appeals may establish. Such certificate
shall be valid for a period of not more than 30 days. Extensions for
not more than 30 days each may be issued.
(6)
Additional copies. The Building Inspector may issue
additional copies of any occupancy certificate to the applicant, owner,
lessee, tenant or other person who has direct concern with the building
or property.
(7)
Fees. Every application for a certificate of occupancy
or a certificate of compliance shall be accompanied by a fee as determined
by the Town Board of the Town of Coeymans in accordance with the State
of New York Executive Law, Article 18. A schedule of fees shall be
posted in the Building Inspector's office, as adopted from time to
time by the Town Board of the Town of Coeymans.[2]
[Amended 4-24-1990]
A.
Establishment.
(1)
There is hereby established a Board of Appeals pursuant
to provisions of the Town Law. The membership of the existing Zoning
Board of Appeals, now to be known as the Planning Board/Zoning Board
of Appeals, is hereby increased to seven members. The additional sixth
member shall be appointed to serve for a term of six years and the
additional seventh member shall be appointed to serve a term of seven
years. All future appointments shall be for a term of seven years.
[Amended 2-25-2020 by L.L. No. 1-2020]
(2)
The Town Board may fix the compensation of such members
and provide for the payment thereof. The Town Board shall have the
power to remove any member of the Board of Appeals for cause and after
public hearing.
B.
Terms.
C.
Chairman and bylaws. The Town Board shall appoint
the Chairman and the Board of Appeals shall prescribe such written
rules of procedure, bylaws and forms as it may deem necessary for
the proper execution of its duties. Such rules, bylaws and forms shall
be submitted to the Town Board for approval and filing for public
view. The Town Board shall move to approve, reject or modify the same
within 30 days after submission. Failure of the Town Board to so move
shall be construed to constitute approval of the rules, bylaws and
forms.
D.
Staff and expenditures. The Board of Appeals shall
employ a secretary to keep the minutes of meetings, receive applications
and appeals, and to assist in any other manner as may be necessary.
Other assistance and expense may be authorized, provided that the
expenses do not exceed any appropriation then available for such purposes.
E.
Powers and duties. The Board of Appeals shall have
all the powers and duties prescribed by law and by this chapter, which
are more completely prescribed as follows:
(1)
Interpretation.
(a)
Upon proper request the Board of Appeals shall
decide any question involving the interpretation of any provision
of this chapter, including determination of the exact location of
any district boundary.
(b)
Every request for interpretation shall be made
in the form and manner specified by the rules for such procedure adopted
by the Board of Appeals. Said request shall set forth the exact interpretation
which is claimed or sought.
(2)
The Planning Board/Zoning Board of Appeals shall have
and exercise the powers and duties as follows:
[Amended 6-25-2001 by L.L. No. 2-2001; 2-25-2020 by L.L. No. 1-2020]
(a)
To prepare and change a Comprehensive Plan for
the development of the entire area of the Town of Coeymans outside
of the limits of the Incorporated Village of Ravena and to make investigations
and reports relating to the planning of the Town and its future growth
and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population.
(b)
To approve all plats showing any streets or
highways within that part of the Town outside of the limits of the
Incorporated Village of Ravena.
(c)
To approve or disapprove changes in the lines
of existing streets, highways or public areas shown on subdivision
plats or maps filed in the County Clerk's office.
(d)
To approve or disapprove the laying out of,
closing off or abandonment of such streets, highways or public areas
under and subject to the provisions of the Town and Highway Laws.
(e)
Simultaneously with the approval of any such plat, to confirm and
make changes in the zoning regulations applicable to the land included
in any such plat, in accordance with the provisions of § 281
of the Town Law and amendments thereto.
(f)
To exercise all other powers conferred upon it by the provisions
of the Town Law and to pass upon all matters which may be referred
to it from time to time by resolution of the Town Board, it shall
conduct hearings and perform its duties in accordance with such procedure
as provided in §§ 272 through 281, inclusive, of the
Town Law.
(3)
Variances.
(a)
Criteria for granting a variance.
[1]
The Board of Appeals shall have the power to
vary or adapt the strict application of any of the requirements of
this chapter, in the case of extraordinary physical conditions, whereby
such strict application would result in unnecessary hardship that
would deprive the owner of reasonable use of the land or building,
but in no other case. A variance in this chapter shall be granted
by the Board of Appeals only if it finds:
[a]
There are special conditions, described
in the findings of the Board applying to the case in question and
not generally to the neighborhood, and that said conditions are such
that strict application of the provisions of this chapter would deprive
the owner of reasonable use of such land or buildings; and
[b]
The granting of the variance is
necessary for reasonable use of land or building and that said variance
is the minimum variance, within the same use, that will accomplish
this purpose; and
[c]
The granting of the variance will
be in harmony with the general purpose of this chapter and will not
be injurious to the neighborhood and public welfare.
[2]
In no case shall reasons of additional financial
gain on the part of the owner of the buildings or land to be considered
as grounds for granting a variance.
(b)
Conditions. The Board of Appeals, in granting
any variance, shall prescribe any conditions that it deems to be necessary
or desirable.
(c)
Compliance. The granting of a variance to this
chapter shall not obviate the necessity of complying with all other
applicable provisions of this chapter, in every other respect.
(d)
Application fees. Fees for applications to the
Planning Board/Zoning Board of Appeals for variances shall be set
by resolution of the Town Board upon recommendation of the Planning
Board/Zoning Board of Appeals and the Building Inspector.
[Amended 6-25-2001 by L.L. No. 2-2001; 2-25-2020 by L.L. No. 1-2020]
(4)
Appeals.
(a)
Application. All appeals shall be made in the
form and manner prescribed in the rules of procedure adopted by the
Board of Appeals: Every appeal or application shall refer to the specific
provisions of the ordinance involved, the decision, requirement, act
or failure to act of the Building Inspector as the case may be.
(b)
Decisions.
[1]
Every decision of the Board of Appeals shall
be by resolution, each of which shall contain a full record of the
findings of the Board in the particular case. Each such resolution
shall be filed in the office of the Town Clerk, by case number, and
under appropriate headings, together with all other documents pertaining
thereto.
[2]
The Board of Appeals may reverse, affirm, wholly
or partly, or modify any order, requirement or decision, as it deems
necessary, in any case referred to it, and therefore shall have all
the powers of the Building Inspector from whom the appeal was taken.
The concurring vote of the majority of the members of the Board of
Appeals shall be necessary to affirm any appeal upon which the Board
is required to pass.
(c)
Stay of proceedings. Any appeal, properly filed,
shall stay all actions under such action appealed from, unless the
Building Inspector from whom the appeal is taken certifies to the
Board of Appeals that, by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to person or property.
(d)
Restraining order. The Board of Appeals shall
have the power to grant a restraining order to stay all proceedings
in furtherance of the action appealed from, over any action by the
Building Inspector from whom the appeal is taken, upon notice to said
officer and on due cause shown.
F.
Costs
for professional review of applications.
[Added 2-25-2020 by L.L. No. 2-2020]
(1)
If
the Planning Board/Zoning Board of Appeals determines that professional
review services are appropriate at the time of application or at any
time during the approval process, the Planning Board/Zoning Board
of Appeals shall request from a professional consultant retained by
the Town Board an estimated fee for performing a review of the project
submissions or other necessary services to properly review and consider
an application. For the purpose of this section, professional review
services shall be defined as, but not limited to, those services provided
by engineers, lawyers, architects, designers, planners, surveyors,
appraisers and related professionals.
(2)
The
Planning Board/Zoning Board of Appeals shall require the applicant
to deposit a cash amount equal to the estimated professional review
costs into a Town-established escrow account. This money will then
be used to pay for professional review services performed during the
review process.
(3)
Payment
to the escrow account is a prerequisite to a complete application
and no review will be initiated until full payment is received. In
the event review costs exceed available escrowed funds, applicant
will be required to submit additional funds to the escrow account.
No final action will be taken upon an application until all incurred
professional fees have been paid by the applicant. The Planning Board/Zoning
Board of Appeals is authorized to suspend review of an application
until such time that the professional review escrow fund is replenished
to an amount equal to projected costs for professional review.
(4)
When
review services are less than the amount in the escrow account, remaining
funds shall be returned to the applicant within 30 days of project
approval.
(5)
The
funds required by this section to enable proper professional review
of applications do not include: any approvals or fees required from
or by other agencies, professional review of any improvement district
or district extension required by the proposed project, or any application
fees otherwise required by the Town of Coeymans.
A.
Notice of violation.
(1)
Whenever, in the opinion of the Building Inspector
and after proper investigation, there appears to exist a violation
of any provision of this chapter, or of any rule or regulation pursuant
thereto, said officer shall serve a written notice of violation upon
the appropriate person responsible for such alleged violation.
(2)
Such notice of violation shall include the following:
(a)
The nature and details of the violation;
(b)
The recommended action, which, if taken, will
remedy the situation and effect compliance with the provisions of
this chapter or with rules and regulations pursuant thereto;
(c)
The compliance date by which the violation must
be remedied or removed; and
B.
Compliance date extension. The specified date of compliance
may be extended if, in the opinion of the Building Inspector, there
is reasonable evidence of intent to comply and if unusual conditions
prevent compliance by said specified date.
C.
Certificate of compliance. Upon reinspection following
the date of compliance as specified in the notice of violation, if
the violation has been remedied or removed and there is no longer
a violation of this chapter, or any rules and regulations pursuant
thereto, then the Building Inspector shall issue a certificate of
compliance.
D.
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 report
thereon to the Board of Appeals.
E.
Emergency action.
(1)
If a violation exists, in the opinion of the Building
Inspector, which requires immediate remedial action to remove a direct
hazard or imminent danger to persons or property, said officer may
take action on his own initiative to abate the hazard or danger. Any
costs so incurred shall be paid for by the person responsible for
such violation.
(2)
The Building Inspector shall keep on file an affidavit
stating accurately the items of expense incurred and the date of execution
of the action taken, and shall be authorized to institute suit, if
necessary, against the responsible party, or to place a lien on his
property, for the purpose of recovering such costs.
F.
Hearings.
(1)
Request for hearings. Any person served with a notice of violation in accordance with § 165-14A above of this chapter and who denies the alleged violation or is otherwise aggrieved by the required action necessary for compliance may, within 10 days after service of such notice, file a written request for a hearing with the Building Inspector stating the reasons for his request.
(2)
Time of hearing. The Building Inspector shall, within
10 days after receipt of a request for a hearing acknowledge said
request in writing and set a time and place for the hearing not later
than 15 days after the receipt of said request. Hearing may be postponed
beyond 15 days by the Building Inspector for just cause, and upon
service of a notice for such postponement.
G.
Testimony and findings.
(1)
The person requesting the hearing shall be required
to give evidence why he should not be required to remedy the violation
or show cause why he is unable to comply with the remedial action
set forth in the notice of violation.
(2)
After consideration of all testimony given at the
time of hearing the Building Inspector shall sustain, amend or withdraw
the notice of violation as originally served. If the notice is sustained
or amended he shall set a new compliance date by which the violation
shall be remedied or removed in accordance with the original or amended
notice.
H.
Legal action for noncompliance by the Town Board.
(1)
Upon reinspection following the date of compliance as specified in the notice of violation or as extended in accordance with § 165-14B above, if the violation has not been remedied or removed as a specified and there is still in existence a violation of this chapter in the opinion of the Building Inspector, then said Officer shall immediately notify the Town Attorney who shall thereupon institute appropriate legal action to restrain, prevent, remedy or remove such violation and to compel compliance with this chapter.
(2)
By the taxpayers. If the Building Inspector fails
or refuses to refer a continued violation of this chapter to the Town
Attorney for appropriate legal action within a ten-day period following
a written request for such action by any taxpayer, then any three
or more taxpayers of the town may institute such legal action.
I.
Penalties for offenses.
(1)
Any person who shall violate, cause to be violated,
or assist in the violation of any of the provisions of this chapter
shall be subject to conviction for an offense against an ordinance.
He shall also be subject to a fine not exceeding $250, or by imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment,
for each and every violation. The issuance of a notice of violation
shall signify the existence of a single violation and every week the
violation exists beyond the date of compliance, or extension thereof,
shall constitute a separate additional violation.[1]
(2)
Penalty for failure to apply for building permit or certificate of occupancy. Any person who proceeds to construct, add to, alter, move or demolish a building or part thereof, and/or who subsequently proceeds to occupy said building, land or parts thereof, without first applying for and obtaining the necessary permits shall be considered in violation of a section or sections of this chapter and shall be subject to prosecution according to § 165-14A above. Further, he shall be required, upon receipt of a written notice from the Building Inspector, to file application for the necessary permit or permits and shall be required to pay any fees as specified in § 165-12B(5). The Building Inspector shall then inspect the building or land involved and shall issue a certificate of occupancy (§ 165-12C) or a notice of violation (§ 165-14A).
