Catskill Town City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 160-22 Consultant fees: escrow deposit required.
Notwithstanding any inconsistent provision of any local code, rule, regulation, law or ordinance, any Town board or commission (reviewing board) where a permit or approval is required by local law, rule, regulation or ordinance shall, before permitting use of or construction on, under or adjacent to real property, require the applicant to deposit funds with the Town sufficient to reimburse the Town for all reasonable costs of planning, engineering, legal, architectural, accounting and/or other consultants deemed appropriate by each reviewing board utilized in connection with the review of any application. At the time of the first hearing or appearance on the application, the reviewing board shall fix the amount of the initial deposit (escrow) to be made by the applicant. The Town's consultants shall invoice the Town no less frequently than monthly for services in reviewing each application and performing their duties with respect to such application. If at any time during the review process the amount of the escrow account falls below 50% of the initial escrow (as determined by the reviewing board), then the applicant shall be required to submit an additional deposit to bring the total escrow up to the full amount of the initial deposit (as determined by the reviewing board) unless the reviewing board otherwise waives such requirement.
In the event the amount held in escrow by the Town is more than the amount of the actual billing or invoicing, the difference between such amount and the actual billing or invoicing shall be promptly refunded to the applicant after final action is taken on the application.
In the event the amount of escrow is less than the full amount actually charged by the Town's consultants, the applicant shall promptly pay any remaining balance.
The applicant will not receive final approval until any remaining balance is paid. Applicant may receive conditional approval pending payment of balance.
§ 160-23 Enforcement.
This chapter shall be enforced by the Building Code/Town Code Enforcement Officer, who shall be appointed by the Town Board, in the same manner and with the same powers as now or hereafter practiced or provided under the Building Code.[1]
No certificate of occupancy shall be issued by the Building Code/Town Code Enforcement Officer, and no permit or license for any purpose shall be issued by any official of the Town of Catskill, if the same would be in conflict with the provisions of this chapter.
Cease and desist orders. The Building Code/Town Code Enforcement Officer shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.
The Town Board may from time to time, by resolution, establish fees for activities that are regulated by the State Building Code and Town of Catskill Code.
All unpaid fees shall be relevied on the next town bill against the subject parcel.
§ 160-24 Zoning permits.
§ 160-25 Inspection by Building Code/Town Code Enforcement Officer.
Where a building permit has been issued, or upon an application for a site plan review, a special use permit, a zoning permit or a variance, the Building Code/Town Code Enforcement Officer or the duly authorized representative shall have the right to enter and inspect any building or upon any land which is the subject of the permit or application at any reasonable hour in the course of their duties.
§ 160-26 Certificates of occupancy.
No land shall be used or occupied and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Building Code/Town Code Enforcement Officer in accordance with the provisions of this chapter.
§ 160-27 Zoning Board of Appeals.
A Zoning Board of Appeals is hereby created in accordance with § 267 of the Town Law of the State of New York. Said Board shall consist of five members. The officers of the Board shall consist of a Chairman, Acting Chairman and Secretary. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by this chapter which are more particularly specified as follows:
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Variances.
Area variance.
An "area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
The Zoning Board of Appeals shall balance the interests of the applicant and those of the neighborhood or community. The Board of Appeals must consider the following five factors:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
In granting an area variance, the Zoning Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate and at the same time protect the character of the neighborhood and the health, safety and welfare of the community.
Use variance.
A "use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
Imposition of conditions. The Zoning Board of Appeals shall, in granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Application to the Zoning Board of Appeals.
Appeals from decisions made by the Building Code/Town Code Enforcement Officer shall be filed with the Building Code/Town Code Enforcement Officer and the Secretary of the Zoning Board of Appeals, in writing, within 30 days of the date of the action specifying the grounds thereof.
A copy of deed is required for all subdivision, site plan, variance, lot line and special use permit applications.
All applications for variances shall be filed with the Secretary of the Zoning Board of Appeals, in writing, shall be made in a form required by the Board and shall be accompanied by payment of a filing fee of $25 and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.
Decisions of the Zoning Board of Appeals shall be in writing and shall specify the particular conditions for such approval or the grounds for denial.
The Zoning Board of Appeals shall hold a public hearing on all appeals or applications within 62 days of the filing of a complete and proper appeal or application. The Board shall fix a reasonable time for the hearing and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The applicant shall notify, by certified mail (return receipt requested) postmarked at least 15 days prior to the date of the public hearing, all owners of properties within 300 feet of the property which is the subject of the application. The return receipts must be delivered to the Planning Board Secretary prior to the start of the public hearing.
The costs of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney. The Board shall render its final decision within 62 days after the conduct of said public hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
The decision of the Board of Appeals shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
Applications for a variance will not be approved if a violation of Town Code or State Building Code exists at the parcel or parcels which are the subject of the proposed application or real property taxes are delinquent regarding said parcel or parcels.
As a condition for variance approval, where the site which is the subject of the application has been the subject of litigation or code enforcement which resulted in an unpaid debt to the town established by stipulation or a court order, said debt to the town must be paid in full.