Austerlitz City Zoning Code
ARTICLE XIII
Zoning Administration and Enforcement
§ 195-48 General provisions.
A.
This Zoning Code shall be administered by the Code Enforcement Officer together with the Town Board, the Planning Board and Zoning Board of Appeals depending on the appropriate jurisdiction pursuant to this chapter. Compliance with this chapter shall be enforced by the Code Enforcement Officer. The administration by the Code Enforcement Officer includes reviewing permit applications for compliance with the Zoning Code and other applicable Town Code chapters, responding to inquiries pertaining to zoning matters, making determinations on applications or referring applications to the applicable Board for further processing.
B.
No person shall undertake any development or commence any land use activity without first applying for, and obtaining, a zoning permit from the Code Enforcement Officer unless otherwise exempt pursuant to this chapter. A zoning permit will be issued only when the Code Enforcement Officer has determined that all requirements of this chapter and all other applicable laws and regulations have been satisfied.
C.
Consultation with Code Enforcement Officer. Any person intending to engage in an activity that may be subject to this chapter should consult with the Code Enforcement Officer as early as possible to determine which permits or approvals, if any, may be required and what review procedures, if any, apply. The Code Enforcement Officer may advise the applicant of the requirements for the other approvals needed and provide information when requested in the preparation of the required application.
§ 195-49 Zoning permit application procedure.
A.
Filing application for zoning permit. A person desiring a zoning permit shall file an application for a zoning permit with the Code Enforcement Officer, together with the appropriate fee. The application shall be submitted on forms provided for such purpose by the Code Enforcement Officer, and shall include a plot plan drawn to scale showing the actual dimensions of the land to be built on or otherwise used, the size and location of all buildings or other structures or other uses to be built or undertaken and such other information as may be necessary in the evaluation of the application and the administration of this chapter. Within 10 working days following receipt of an application, the Code Enforcement Officer shall notify the applicant of any additional information required for completion of the application. When all additional information is received, the Code Enforcement Officer shall acknowledge the same in writing. The Code Enforcement Officer shall provide a report or copies of an application to the Town Board and/or Planning Board on a monthly basis if directed by the Town Board.
B.
Determination. Not later than 10 working days after receiving a completed application, the Code Enforcement Officer shall mail or deliver to the applicant the determination that:
(1)
The proposed project or activity complies with the requirements of this chapter and all other applicable local laws and regulations and requires no other approvals (other than a building permit), and accordingly a zoning permit is issued;
(2)
The proposed project or activity is inconsistent with one or more specified requirements of the chapter or other applicable local law or regulation, and a zoning permit is denied; or
(3)
The proposed project requires one or more specified approvals before a zoning permit can be granted. (The proposed project may, for example, be for a use allowable by special permit and/or site plan approval, requiring approval of a special permit and/or approval of a site plan by the Planning Board). When the required approvals have been obtained, and all other legal and regulatory requirements have been satisfied, the Code Enforcement Officer shall issue a zoning permit.
C.
Issuance and posting. All zoning permits shall be issued in duplicate and one copy shall be kept by the applicant conspicuously on the premises affected at all times (protected from the weather, if necessary, and whenever construction work is being performed thereon). In issuing a zoning permit, the Code Enforcement Officer shall sign, date, and return one copy of the approved plans bearing the notation "Approved." No person shall perform any construction, undertake a project, commence or continue a use requiring a permit unless a zoning permit for such project or use is issued and displayed as set forth above, nor shall any person perform or continues such activities after notification of the revocation of a zoning permit.
D.
Revocation. If the Code Enforcement Officer determines that an application or accompanying plans are in any material respect false or misleading, or that work being done upon the premises differs materially from what is allowed by the zoning permit, the Code Enforcement Officer may forthwith revoke the zoning permit. The permittee shall thereupon immediately cease the use, activity, or construction, and surrender the zoning permit to the Code Enforcement Officer.
E.
Lapse and renewal. A zoning permit shall lapse one year following the date it was granted if the project has not been commenced or the use has not been commenced. The Code Enforcement Officer may renew any zoning permit for a period terminating not later than one year from the date it would have originally lapsed, provided that the facts upon which the zoning permit was granted have not substantially changed. A zoning permit renewal fee as set by the Town Board may be required.
F.
Certificate of compliance. No use for which a zoning permit was granted shall be occupied or maintained except pursuant to a certificate of compliance issued by the Code Enforcement Officer. The Code Enforcement Officer, within 10 working days after receipt of request for inspection of a project or operation of a use for which a zoning permit has been issued, shall inspect and issue a certificate of compliance if the project has been completed, or the use is being operated in compliance with all terms of the zoning permit and with all applicable provisions of this chapter and other laws and regulations including any approvals issued by the Zoning Board of Appeals, the Town Board and/or the Planning Board, as applicable. Such certificate shall constitute a permit to occupy and/or conduct the use. If the project involves the construction of a building or structure, a building permit and certificate of occupancy must also be issued by the Code Enforcement Officer before the building or structure can be occupied.
§ 195-50 Violations.
Whenever a violation of this Zoning Code occurs, the Code Enforcement Officer may enforce compliance to remedy the violation or any person may file a written complaint requesting enforcement action by the Code Enforcement Officer. All such complaints shall be made to the Code Enforcement Officer who shall properly record such complaint and investigate the allegations contained in the complaint within a reasonable time of its receipt. The Code Enforcement Officer shall have authority to serve an order to stop work, cease or remove a violation upon any person owning, leasing, controlling or managing any building, structure, or land. The undertaking of a land use or development for which a zoning permit is required, or the construction of any improvement in a manner that materially deviates from an approved plan and the violation of any term or condition imposed by a zoning permit, certificate of compliance, special use permit, site plan approval, event permit, short term rental permit, timber harvesting permit, variance, or subdivision approval shall constitute a violation of this chapter.
A.
Penalty.
(1)
Any person owning, leasing, managing or otherwise controlling any building, structure, or land where a violation of this chapter occurs and any person who commits or assists in the commission of any violation of this chapter who, after being served with an order to cease, remove or remedy such violation, fails to immediately comply with such order after such service, shall be guilty of an offense and subject to a fine as authorized in § 268 of the Town Law. Each week such violation continues shall constitute a separate violation. The Code Enforcement Officer has the authority under this law and the New York State Town Law to prosecute any such violations in the Town of Austerlitz Justice Court.
(2)
In addition to the penalties in Subsection A above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty of not more than $250. When a violation of any of the provisions of this chapter is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional civil penalty of up to $250 each day that the violation continues and remains unabated. The Code Enforcement Officer has the authority under this law to commence a civil action in order to obtain a civil penalty under this provision in the Town of Austerlitz Justice Court. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, § 268, the Town Board of the Town of Austerlitz hereby declares its intent to supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10, et. seq. of the Consolidated Laws of the State of New York.
(3)
For the purposes of this section, where a "person" is an entity other than an individual, the principal executive officer or partner or agent or manager of such entity may be considered to be such person.
(4)
The methods of enforcement as set forth in Subsection A(1) and (2) above, as well as Subsection B below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order.
B.
Injunctive relief. In case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed in any project permit or certificate of compliance, the Town may, by resolution of the Town Board, institute an action for injunctive relief to prevent, restrain, correct or abate such violation. As part of such action, the Town may request the Court for an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief.
§ 195-51 Site inspection.
The submission of an application for a zoning permit, or for any other approval or variance, shall constitute consent to the Code Enforcement Officer and to members or designates of the boards with authority to grant the required approvals or variance to conduct such inspections of the site as such persons deem necessary and appropriate for the purposes of this chapter.
§ 195-52 Misrepresentation.
Any zoning permit or other approval granted under this chapter shall be void if it is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known. This section shall not be construed to affect the remedies otherwise available to the Town under this chapter.
§ 195-53 Fees.
The Town Board, by resolution, shall establish and amend (from time to time) a schedule of fees for the applications and permits required or contemplated by this chapter. The current schedule shall be on file with the Code Enforcement Officer and with the Town Clerk. In addition, applicants shall be responsible for the cost of all necessary publications, notices, maps, copies, postage and any other necessary out of pocket expenses related to the processing of an application or permit. Such fees shall be payable to the Town Clerk of the Town of Austerlitz at the time of application or, as appropriate, at the time of issuance of a permit. In certain instances where the reviewing Board deems the application, or any aspect thereof, requires a legal, engineering, planning or other professional consultant to assist the reviewing Board, said Board may require as part of the fee, a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs of a consultant to be retained by the reviewing Board in order to assist the Board in reviewing the application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Town shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant retained shall provide the Town with detailed invoices showing the services rendered for the time-period billed and the Town shall provide the applicant with an opportunity to review said invoices. Additional deposits may be required as the review process continues. Any deposit amounts that remain at the end of the process shall be returned to the applicant.