Austerlitz City Zoning Code
ARTICLE XII
Administration
§ 195-42 Notice of public hearings.
Each notice of hearing upon an application for site plan review, a special use permit, or for the review of a variance application upon an appeal to the Zoning Board of Appeals, or any other public hearing, shall be published once in the official newspaper of the Town at least five days prior to the date of the hearing. In addition, at least 10 days prior to the date of the hearing, notices shall be mailed to the applicant and to all owners of property within 250 feet of the exterior boundary of the property for which the application is being made, as may be determined by the latest assessment records of the Town.
§ 195-43 Referral to County Planning Board.
A.
Any variance application, site plan review or zoning change application within the following thresholds shall be referred to the Columbia County Planning Board for its review and comment:
(1)
Within 500 feet of the Town boundary.
(2)
Within 500 feet of an existing or proposed county or state park or recreation area.
(3)
Within 500 feet of a right-of-way of any existing or proposed parkway, thruway, expressway, road or highway.
(4)
Within 500 feet of the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(5)
Within 500 feet of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(6)
Within 500 feet of the boundary of a farm operation located in an agricultural district as defined by Article 25-AA of the Agriculture and Markets Law, except this subsection shall not apply to the granting of area variances.
B.
Within 30 days after receipt of a full statement of such referred matter, the Columbia County Planning Board shall report its recommendations to the referring Town body. If the county fails to report within 30 days, the Town body may act without such report. If the county disapproves the proposal, or recommends modification thereof, the Town body having jurisdiction shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all the members thereof, and after the adoption of a resolution fully setting forth the reasons for such contrary action.
C.
Within seven days after final action by the Town body, a report of said final action shall be filed with the Columbia County Planning Board.
§ 195-44 Records to be retained.
The original or a certified copy of all decisions, approvals, rulings and findings of any board under this chapter, and of all permits and certificates issued under this chapter, shall be promptly furnished by the Code Enforcement Officer to the Town Clerk and retained as a permanent Town public record.
§ 195-45 Assistance to Planning Board and Zoning Board of Appeals.
The Planning Board and Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. The Planning Board and Zoning Board of Appeals shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding the appropriation that may be made therefor by the Town Board.
§ 195-46 Code Enforcement Officer.
A.
The Code Enforcement Officer shall have the power and duty to administer and enforce the provisions of this chapter. The Code Enforcement Officer shall be appointed by, and may be removed at the pleasure of, the Town Board. An appeal from an action, omission, decision or rule by the Code Enforcement Officer regarding a requirement of this chapter may be made only to the Zoning Board of Appeals. The Code Enforcement Officer shall have the power to make inspections of buildings or lots necessary to carry out his or her duties in the enforcement of this chapter. The Town Board may appoint a Deputy Code Enforcement Officer to exercise any or all of the duties of the Code Enforcement Officer.
B.
Code Enforcement Officer duties.
(1)
The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all laws and ordinances of the Town.
(2)
The Code Enforcement Officer shall maintain files, open to the public, of all applications for certificates of occupancy and building permits, along with plans submitted therewith, as well as final certificates and permits.
(3)
The Code Enforcement Officer shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as any action taken as a result of such complaints.
(4)
The Code Enforcement Officer shall submit to the Town Board for insertion in the Board minutes a written report summarizing for the month all building permits and certificates of occupancy issued, as well as complaints of violations and any action taken as a result of such complaints.
§ 195-47 Zoning Board of Appeals.
A.
There is hereby created a Zoning Board of Appeals, consisting of five members to be appointed by the Town Board. For the first appointments to the Zoning Board of Appeals, one member shall serve until the end of the calendar year in which he or she was appointed. The second member shall serve until the end of the following calendar year, the third member shall serve until the end of the third year following the year of appointment, the fourth member shall serve until the end of the fourth year following the year of appointment and the fifth member shall serve until the end of the fifth year following the year of appointment. Thereafter, each succeeding member shall serve for a five-year period. The Town Board shall annually appoint a Chairperson from the members of the Zoning Board of Appeals.
B.
Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Zoning Board of Appeals may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
C.
The Town Board may provide for the compensation of Zoning Board of Appeals members. The Town Board may require Zoning Board of Appeals members to complete training in accordance with any state or local requirements.
D.
Zoning Board of Appeals eligibility. Eligible members must be residents of the Town. No person who is a member of the Town Board or the Planning Board may be a member of the Zoning Board of Appeals.