Bolton Town City Zoning Code
ARTICLE XII
Administrative Provisions
§ 200-72 Zoning Administrator/Code Enforcement Officer.
[Amended 10-5-2004]
The Zoning Administrator and/or Code Enforcement Officer shall have the power and duty to administer and enforce the provisions of this chapter. The Zoning Administrator and/or Code Enforcement Officer shall be appointed and may be removed at the pleasure of the Town Board. An appeal from an action, omission, decision or rule by the Zoning Administrator regarding a requirement of the Code shall be made to the Zoning Board of Appeals. An appeal and hearing from a stop-work order issued by the Code Enforcement Officer shall be made to the Planning Board or the Zoning Board of Appeals depending upon the nature of the project and the specifics of the stop-work order. All enforcement powers specifically authorized to the Zoning Administrator by any chapter, article or section of this Code shall, without limitation, also be authorized to the Code Enforcement Officer and agents or designees of that individual with the full force and effect as if made by the Zoning Administrator as herein specified.
§ 200-73 Required records.
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 article, shall be promptly furnished by the Zoning Administrator to the Town Clerk and retained as a permanent Town public record.
§ 200-74 Appeal from action of Planning Board or Zoning Board of Appeals.
[Amended 4-6-2004]
An action, omission, decision or ruling of the Planning Board or Zoning Board of Appeals pursuant to this chapter may be reviewed at the instance of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made no later than 30 days from the effective date of the decision or ruling, or the date when the action or omission occurred, whichever comes later.
§ 200-75 Form of petitions, applications and appeals.
Unless otherwise stated, all petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Planning Board. Completed forms shall be accompanied by whatever further information/plans for specifications as may be required by such forms.
§ 200-76 Application fees.
Fees provided for by this chapter shall be paid upon the submission of petitions, applications, and appeals, in such amount or amounts as shall be established by the Town Board from time to time.
A.
Fee for building permit. The proper fee shall accompany all applications for each building permit and shall be figured according to the schedule determined by the Town Board.
B.
Fee for certificate of occupancy. The proper fee shall accompany all requests for certificate of occupancy and shall be figured according to the schedule determined by the Town Board.
C.
Fee for site plan review. Applications requiring review according to the provisions of Article V of this chapter shall be accompanied by the appropriate fee figured according to the schedule determined by the Town Board.
D.
Fee for variance applications. The proper fee shall accompany all applications for variances and shall be figured according to the schedule determined by the Town Board.
E.
Payment of fees.
(1)
All fees shall be paid at the time of application to the Zoning Administrator.
(2)
No fee shall be allowed to be substituted for any other required fee.
F.
In addition to the other fees provided herein, the Zoning Administrator, Planning Board or Zoning Board of Appeals may charge an additional fee to developers for projects requiring legal and/or technical review. The fee charged to the project developer shall reflect the actual costs of reasonable and necessary legal and technical assistance.
§ 200-77 Notice of public hearing.
Each notice of hearing upon an application for site plan review or for the review of a variance application, or upon appeal to the Zoning Board of Appeals from an action of the Zoning Administrator, 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 all adjacent owners of the property for which the application is made, as may be determined by the latest assessment records of the Town.
§ 200-78 Building permits.
A.
Requirements.
(1)
Permit required. No structure, sign or dock (see Section 45 of the Sign Regulations for the Lake George Park Commission and Part 646 of the Lake George Recreation Zone Regulations of the Environmental Conservation Law) shall be erected, added to, or structurally altered, nor shall any new use be established, nor shall any well be drilled until a permit therefore has been issued by the Zoning Administrator. No such structure, sign or dock permit or certificate of occupancy shall be issued for any structure, sign or dock where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter and the Sign Regulations of the Lake George Park Commission and Part 646 of the Lake George Recreation Zone Regulations.
(2)
Submittal requirements. There shall be submitted with all applications for building permits three copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings or signs to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter in accordance with Article V.
(3)
Permit and certification. Upon receipt of all appropriate information and fees, and after all requirements of this chapter have been met, the Zoning Administrator shall issue a building permit. One copy of the submitted layout or plot certified by the Zoning Administrator as to compliance with this chapter shall be returned to the applicant.
B.
Criteria for issuance of a building permit. The Zoning Administrator shall issue a building permit only if he determines the following:
(1)
The new land use or development complies with any applicable sanitary codes.
(2)
The new land use or development meets the area, road setbacks, bulk and height controls and the special shoreline restrictions of this chapter, unless an area variance has been granted pursuant to Article X hereof.
(3)
The new land use or development has received site plan approval, if applicable, and if such approval is subject to conditions to be met prior to the granting of a permit, that all such conditions have been met.
(4)
It is a nonpermissible use for which a use variance has been granted pursuant to the terms of Article X hereof, and if such grant was subject to conditions to be met prior to the granting of a permit, that all such conditions have been met.
(5)
It is a sign and such complies with the provisions of § 200-78.
C.
Expiration of building permits. If a project for which a permit has been issued for which the building has not been enclosed within 365 days after the issuance of such permit, said permit shall expire, and the project may not thereafter be undertaken or continued, unless said permit has been renewed (allowed once) or, unless a new permit has been applied for and issued in the same manner and subject to all provisions governing the initial application for the issuance of a permit.
D.
Revocation of building permit. The Zoning Administrator may revoke a building permit theretofore issued in the following instances:
(1)
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2)
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(3)
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
E.
Preexisting violations. In the case of any existing or remaining violation(s) relative to zoning, construction, sanitation, or subdivision regulations, no permits or additional reviews will be granted to any applicant until all violations by the applicant are corrected or purged.
[Added 2-20-1997]
§ 200-79 Certificate of occupancy.
A.
Requirements.
(1)
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Zoning Administrator.
(2)
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than 30 days after the completion of the alteration of work unless a certificate of occupancy shall have been issued by the Zoning Administrator.
(3)
No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Zoning Administrator.
(4)
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Zoning Administrator an affidavit of the registered architect or licensed professional engineer or registered landscape architect who filed the original plans, or of the registered architect or licensed professional engineer or registered landscape architect who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which the certificate of occupancy is sought, that the structure has been erected in accordance with the approved plans, and as erected complies with the laws governing building construction or as varied by a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
B.
Inspection prior to issuance of certificate of occupancy. Before issuing a certificate of occupancy, the Zoning Administrator shall examine or cause to be examined all buildings, structures and sites for which the application has been filed for a building permit to construct, enlarge, alter, repair or change the use or nature of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and on completion of the work for which the building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections together with a record of findings of violations of law.
C.
Issuance of certificate of occupancy.
(1)
When and after final inspection, it has been found that the proposed work has been completed in accordance with the applicable building laws, ordinances, rules and regulations; and also in accordance with the applications, plans and specifications filed in connection with the issuance of the building permit, the Zoning Administrator shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the building official shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
(2)
A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefore is made.
(3)
The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances, rules and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
D.
Temporary certificate of occupancy. Upon request, the Zoning Administrator may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public safety or welfare. A temporary certificate of occupancy shall remain in effect for a period not exceeding three months from its date of issuance. For good cause the building official may allow a maximum of two extensions for periods not exceeding three months each.
§ 200-80 Site inspections.
The filing of an application for regional project approval under Article VI hereof, an application for a variance under Article X hereof, and an application for site plan approval under Article V hereof, or an application for a building permit under Article XII hereof by a person shall be deemed a granting of approval by such person to the Planning Board, the Zoning Board of Appeals, and the Zoning Administrator, and to such persons as they may designate, to conduct such examinations, tests, and other inspections of the sites which are the subjects of such applications, as the body or officer having jurisdiction deems necessary and appropriate for the purposes of this chapter.