Bergen Town City Zoning Code
ARTICLE II
Enforcement, Administration and Amendments
§ 475-7 Zoning Enforcement Officer.
Enforcement.
No board, agency, officer or employee of the Town shall issue, grant, or approve, any permit, license, certificate, or other authorization for any construction, reconstruction, alteration, enlargement, or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 475-17. Any such permit, license, certificate, or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
Unless otherwise provided, the Zoning Enforcement Officer and any other person designated by the Town Board for the purpose shall enforce the provisions of this chapter, and any rules and regulations made or as may be made in furtherance thereof. For such purposes he, or other designated person, may, from time to time and at reasonable hours, enter and inspect such building, structure or premises, and may perform any other act or duty necessary for the proper enforcement thereof, including issuance of stop-work orders.
Records and reports.
The Zoning Enforcement Officer shall keep a permanent record, including all pertinent maps and plans, of all applications for zoning permits and certificates of compliance.
[Amended 6-24-1985 by L.L. No. 3-1985]
The Zoning Enforcement Officer shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations.
The Zoning Enforcement Officer shall make a report to the Town Board and Town Assessor, in writing, at least once each year or more often as the Town Board may order, reporting the number and type of zoning permits and certificates of compliance issued, and listing all reported or continuing violations of this chapter, and disposition or pending action of such violations.
[Amended 6-24-1985 by L.L. No. 3-1985]
Permit for temporary uses and structures.
[Added 2-24-1997 by L.L. No. 2-1997]
In the event of an emergency situation, the Zoning Enforcement Officer may issue a temporary permit for one mobile home on any lot where a residential, commercial, or industrial structure exits, outside of mobile home parks, which permits shall expire 90 days after issuance. Such permit may be extended by the Planning Board upon application made prior to the expiration of the ninety-day period from the date of the original permit by the Zoning Enforcement Officer. In no event, however, shall such special exception permitting a mobile home extend beyond the period for one year.
The Zoning Enforcement Officer may issue a temporary permit, for a period not exceeding one year for incidental nonconforming uses as follows:
Permits shall be conditioned upon an agreement by the owner to remove the use upon expiration of the permit.
Permits may be reissued a maximum of two times for additional periods of six months each, in any event not to exceed one year.
§ 475-8 Fees for permits, amendments, variances and special use permits.
Fees may be charged for permits issued, and processing of applications for amendments, variances, and special use permits. The fee shall be set by resolution of the Town Board and may be changed from time to time in the same manner.[1]
[1]
Editor's Note: Current Fee Schedule is on file in the Town offices.
§ 475-9 Zoning permit required.
[Amended 6-24-1985 by L.L. No. 3-1985]
No building or structure shall be constructed, altered, rebuilt, enlarged or moved or excavation made therefor, or work begun thereon, until a permit therefor has been issued.
Applications for zoning permits shall be accompanied by a layout sketch, drawn to scale, showing the shape and dimensions of the lot to be built upon, the size and location of all buildings or structures proposed as well as those that shall remain, the intended use of each building or structure, and any such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. Applications, together with a layout sketch, shall be submitted in triplicate. When the zoning permit is issued or denied, the issuance or denial shall be noted on the applications in triplicate by the person issuing or denying said permit and one copy returned to the applicant, one copy filed with the Town Clerk, and one copy kept with the Zoning Enforcement Officer's records.
The Zoning Enforcement Officer shall issue a zoning permit only after the site plan, if required, has been approved by the Planning Board and all required variances and special use permits have been obtained, except that no site plan approval shall be required in the case of individual one- or two-family dwellings.
The Zoning Enforcement Officer shall be notified that the site is prepared for installation of the foundation of a structure, and shall inspect the site to check the location of the structure.
If a zoning permit is not obtained by the applicant within 90 days after final approval, such approval shall be void.
A zoning permit shall be void if construction is not substantially completed within a period of one year from the date of said permit. The Zoning Enforcement Officer may issue a six-month extension of a permit for good cause shown. Two such extensions of a permit will be allowed.
The zoning permit shall be located in a place readily visible to the public.
§ 475-10 Certificate of compliance.
No land shall be used or occupied and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of compliance has been issued by the Zoning Enforcement Officer in accordance with the provisions of this chapter.
§ 475-11 Penalties for offenses.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of this chapter or any amendment hereto, or to fail in any manner to comply with a notice, directive or order of the Zoning Enforcement Officer, or to construct, alter, use or occupy any building structure or part thereof in a manner not permitted by an approved zoning permit or certificate of compliance.
[Amended 6-24-1985 by L.L. No. 3-1985]
It shall be unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.
It shall be unlawful for any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or for any other person taking part or assisting in the construction, repair or use of any building to violate any of the applicable provisions of this chapter, or any lawful order, notice, directive, permit or certificates of the Zoning Enforcement Officer made hereunder.
Any violation of this section and/or this chapter shall be punishable by a fine of not more than $250 or imprisonment of not more than 30 days or to both such fine and imprisonment. In addition, any violation of this section and/or this chapter shall be subject to a civil penalty of $250 and each and every week such violation continues shall be deemed a separate and distinct violation.
[Amended 8-12-1991 by L.L. No. 1-1991]
The Zoning Enforcement Officer may institute court action to enforce the provisions of this chapter by issuance of an appearance ticket as defined in § 150.10 of the Criminal Procedure Law of the State of New York directing the person, firm or corporation allegedly in violation of this chapter to appear in the Town of Bergen Justice Court in connection with the alleged offense, or may refer the matter to the Town Board for its action. The appearance ticket shall be served personally upon the person, firm or corporation allegedly violating any of the provisions of this chapter on less than 10 days in advance of the date designated in the appearance ticket for appearance in the Town of Bergen Justice Court.
[Amended 12-28-1991 by L.L. No. 5-1991]
In addition to the foregoing remedies, the Town of Bergen may maintain an action for injunction to restrain, correct or abate any violation of this chapter and/or maintain an action at law for damages sustained as a result of any violation of this chapter. Damages may include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.
§ 475-12 Complaint of violation.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing, signed, and shall be filed with the Zoning Enforcement Officer who shall properly record such complaint and immediately investigate it. Where the Zoning Enforcement Officer finds such violation, he shall submit the results of his investigation in writing to the proper Town authorities for appropriate action.
§ 475-13 Procedure for amendment.
The Town Board may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after official notice has been given and a public hearing has been held by the Town Board as required by law.
Each petition requesting a change of zoning regulations or district boundaries shall be typewritten, signed by the owner and filed in triplicate, accompanied by the required fee.
Every such proposed amendment shall be referred to the Planning Board for a report prior to any public hearing.
Prior to adoption by the Town Board, a proposed amendment may, in the proper case, have to be referred to the County Planning Board pursuant to law.