Clayton City Zoning Code

§ 235-16

Administration and enforcement.

Interpretation. The provisions of this chapter shall be held, in their interpretation and application, to be the minimum requirements for the promotion of the public health, safety and general welfare of the Town of Clayton and its inhabitants.

Zoning Enforcement Officer.

The Town Board shall appoint a Zoning Enforcement Officer who shall have the authority to administer and enforce the provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton, and who shall have the power and authority to make inspections of buildings and premises necessary to enforce this chapter. The Zoning Enforcement Officer shall have the authority to:

Issue zoning permits.

Issue certificates of compliance.

Define and interpret district boundaries on the Town Zoning Map.

Issue stop-work orders in the event of any violation of this chapter or the rules and regulations of any agency of New York State and/or Jefferson County.

It shall be the duty of the Zoning Enforcement Officer to:

Keep a record of all applications for zoning permits and all zoning permits issued with a specific notation of any conditions imposed or required.

File and retain copies of all building and lot plans submitted. The same shall be available for the use of Town or other appropriate officials.

Report periodically to the Town Board the number of zoning permits issued and the amount of fees.

Zoning permits.

No building or structure shall be erected, enlarged, altered or moved, no mobile home shall be located or moved, nor the use of said building, structure or mobile home commenced unless and until a zoning permit therefor has been issued.

Applications for zoning permits shall be submitted to the Zoning Enforcement Officer and shall include two copies of a plot plan showing the actual dimensions of the lot, the size, height and location of the structure and any accessory buildings to be erected, the proposed location of the mobile home, and/or location and dimensions of the sewage system to be constructed. In each instance, the distances from the building line to all property lines, road or street rights-of-way and/or high water marks, as well as the location of adjacent properties, streams, ponds, marshes, wetlands or other features, together with all other information necessary to determine compliance with this chapter shall be provided by the applicant.

A fee, as determined by the Town Board, shall be paid for the issuance of each zoning permit.

Any zoning permit issued under this chapter shall expire if construction shall not have commenced within six months from the date of issuance.

Any construction that has been discontinued for a period of 12 months or longer shall be deemed to have been abandoned. Resumption of construction shall be authorized only upon the issuance of a new zoning permit.

Failure to display red zoning permit visible from the street or waterway is a violation of this chapter.

Certificate of compliance. No land shall be used or occupied, no building or structure shall be constructed, erected, located, extended, altered or used, or no changes made in the use of land, building or structure unless and until a certificate of compliance shall have been issued by the Zoning Enforcement Officer stating that the land, building or structure and the proposed use thereof is in compliance with the zoning provisions of this chapter.

Building Inspector/Town-authorized agent.

The Town Board shall appoint a Building Inspector or authorize an agent who shall have the authority to administer the provisions of the New York State Uniform Fire Prevention and Building Code and relevant provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton.

The Town Building Inspector or the Town-authorized agent shall have the authority to:

Issue building permits, provided that a valid zoning permit shall have previously been issued by the Zoning Enforcement Officer.

Inspect, certify and issue permits for sanitary waste facilities, community water supply systems and plumbing facilities in accordance with the provisions of this chapter and the rules and regulations of the New York State Departments of Environmental Conservation and Health.

Issue certificates of occupancy.

Revoke a building permit where there is false, misleading or insufficient information; revoke a building permit and/or certificate of occupancy where the applicant has not complied with the terms of his application.

Issue stop-work orders.

Refer appropriate matters to the Town Board, Joint Planning Board, Zoning Enforcement Officer, Joint Zoning Board of Appeals or other appropriate agency.[1]

Editor's Note: Original Art. XV, Section C(3) and (4), regarding building permits and certificates of occupancy, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 114-4, Building permits, and § 114-7, Certificates of occupancy.

Joint Town/Village Zoning Board of Appeals.

Appointment and membership. The Joint Town/Village of Clayton Zoning Board of Appeals is comprised of five members, two of which are appointed by the Town, and two of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of five years as follows:

The governing board of the Town of Clayton shall appoint one member for a one-year term and one member for a three-year term. The governing board of the Village of Clayton shall appoint one member for a two-year term and one member for a four-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Joint Zoning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Zoning Board of Appeals will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Zoning Board of Appeals. The Town and the Village jointly appoint three alternate members to the Joint Zoning Board of Appeals. The Joint Zoning Board of Appeals refers candidates for alternate to both Town and Village Boards by the Joint Zoning Board of Appeals for their approval. Both Village and Town Clerks must swear in all Zoning Board of Appeals members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for five years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Zoning Board of Appeals from the membership thereof by January 15 each year. If the governing boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Zoning Board of Appeals from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. In the event the Joint Town/Village Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Zoning Board of Appeals will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Zoning Board of Appeals in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Zoning Board of Appeals shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Zoning Board of Appeals. Each municipality shall budget for said position. The Zoning Board of Appeals shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Zoning Board of Appeals shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Joint Zoning Board of Appeals, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Zoning Board of Appeals shall have advisory capacity on matters of zoning variances and interpretations to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Zoning Board of Appeals members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Zoning Board of Appeals shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Zoning Board of Appeals shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Zoning Board of Appeals budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Zoning Board of Appeals, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Zoning Board of Appeals, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Zoning Board of Appeals as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 4, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Zoning Board of Appeals members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Zoning Board of Appeals are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

In the event the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

All provisions of this section and of the Town Law relating to Zoning Board of Appeals member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

Jurisdiction. The jurisdiction of the Joint Zoning Board of Appeals shall apply to the entire Town inclusive of the incorporated Village of Clayton.

Powers and duties. The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by law, the Village of Clayton Zoning Law, and this chapter, including:

Interpretation. The Joint Zoning Board of Appeals shall have the power to interpret the provisions of Village of Clayton Zoning Law, and this chapter.

Review. The Joint Zoning Board of Appeals shall have the power to review any order or decision of the Town of Clayton Zoning Enforcement Officer and the Village of Clayton Zoning Enforcement Officer upon appeal by the person or persons affected.

Variances. The Joint Zoning Board of Appeals shall have the power to vary or modify the application of any of the regulations or provisions of this chapter and the Village of Clayton Zoning Law relating to the use of land or the use, construction or alteration of buildings or structures, so that the spirit of this chapter and the Village of Clayton Zoning Law shall be observed, public safety and welfare secured and substantial justice done, in accordance with New York State.

Environmental Quality Review Act (SEQR). The Joint Zoning Board of Appeals shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

Use variances.

The Joint Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, local law, or Village of Clayton Zoning Law shall have the power to grant use variances, as defined herein.

No such use variance shall be granted by the Joint 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 Joint Zoning 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.

That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

That the requested use variance, if granted, will not alter the essential character of the neighborhood.

That the alleged hardship has not been self-created.

The Joint Board of Appeals, in the granting of use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Area (dimensional) variances.

The Joint Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, local law, or the Village of Clayton Zoning Law, to grant area variances as defined herein.

In making its determination, the Joint Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:

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.

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.

The Joint Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Imposition of conditions. The Joint Zoning Board of Appeals shall, in the 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, local law, and the Village of Clayton Zoning Law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

Expiration of approval. In the event that the applicant fails to execute the terms and conditions set forth in the use or area (dimensional) variance within 18 months after its final approval by the Joint Zoning Board of Appeals, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.

Procedure.

The Joint Zoning Board of Appeals shall act in strict accordance with all requirements of Town Law, Village Law, and Village Zoning Law and of this chapter. All appeals and variance applications to the Board shall be in writing on a form prescribed by the Board and accompanied by the fee set by the Town Board. Every appeal or variance application shall cite the specific provision(s) of the Town of Clayton ordinance or Village of Clayton law involved and shall set forth precisely the grounds for the appeal of or the basis for granting the variance, as the case may be. In each instance, all necessary supporting evidence and data shall be attached to the appeal or application.

Within 60 days after receipt of an appeal or variance application, the Joint Zoning Board of Appeals shall schedule a public hearing to be held following at least five days, notice published in the Town's officially designated newspaper. Such notice shall include a brief description of the order/decision appealed, or the specific nature of the variance sought, as the case may be, as well as the road or street address, the geographic location and the Tax Map identification of the parcel or property involved.

Written notice shall also be provided all to adjacent property owners and all other involved parties; when a use variance is involved, written notice shall also be provided to all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property.

All variances or appeal actions of the Joint Town/Village Zoning Board of Appeals that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

Within 62 days following the final public hearing, the Joint Town/Village Zoning Board of Appeals shall reach its decision to accept or reject the appeal or variance application. Every decision of the Joint Board shall be accompanied by a brief summary of the reasons for its action and shall be communicated to the applicant in writing within five days. All actions taken by the Joint Zoning Board of Appeals shall be recorded in its minutes, together with a summary of the reasons for its decision and a tally of the members' votes thereon; said minutes shall be maintained in the Town Clerk's office and shall be available for public inspection during regular office hours.

All meetings of the Joint Town/Village of Clayton Zoning Board of Appeals shall be open to the public.

Costs incurred by the Joint Zoning Board of Appeals for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

Joint Town/Village Planning Board.

Appointment and membership.

The Joint Town/Village of Clayton Planning Board is comprised of seven members, three of which are appointed by the Town, and three of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of seven years as follows:

The governing Board of the Village of Clayton shall appoint one member for a one-year term, one member for a three-year term and one member for a five-year term. The governing Board of the Town of Clayton shall appoint one member for a two-year term and one member for a four-year term and one member for a six-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Planning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full seven-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Town/Village Planning Board will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Planning Board. The Town and the Village jointly appoint three alternate members to the Joint Clayton Planning Board. The Joint Planning Board refers candidates for alternate to both Town and Village Boards by the Joint Planning Board for their approval. Both Village and Town Clerks must swear in all Planning Board members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for seven years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Planning Board from the membership thereof by January 15 each year. If the governing Boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Planning Board from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Planning Board. In the event the Joint Town/Village Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Planning Board will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Planning Board in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Planning Board shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Planning Board. Each municipality shall budget for said position. The Planning Board shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Planning Board shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Clayton Planning Board, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Planning Board shall have advisory capacity on matters of planning and land use to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Clayton Planning Board members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Planning Board shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Planning Board shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Planning Board budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Planning Board, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Planning Board, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to the Joint Clayton Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Clayton Planning Board shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Planning Board as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 14, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Planning Board members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Planning Board are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

In the event the Joint Town of Clayton and Village of Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Planning Board to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Planning Board until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

All provisions of this section and of the Village Law relating to Planning Board member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Planning Board shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

Jurisdiction. The jurisdiction of the Joint Planning Board shall apply to the entire Township inclusive of the incorporated Village of Clayton.

Powers and duties. The Joint Planning Board shall have all the powers and duties prescribed by law, the Village of Clayton law, and this chapter, including:

Comprehensive Plan. The Joint Planning Board shall have the authority to prepare a Comprehensive Plan for the Town and Village of Clayton, as well as to recommend changes therein.

Special use permits. The Joint Planning Board shall have the authority to issue special use permits in accordance with the requirements of this chapter, Village Zoning Law and the appropriate Town Law and Village Law.

Site plan review. The Joint Planning Board shall have the authority to administer the site plan review and approval provisions of this chapter, contained in § 235-13 and Village of Clayton Zoning Law. In so administering these provisions, the Joint Planning Board shall be empowered to establish specific conditions, dimensions and other requirements to meet the generally prescribed performance criteria of this chapter and Village of Clayton Law. In performing this function, the Joint Planning Board shall act in accordance with the dictates of this chapter, Village of Clayton Zoning Law and the appropriate Town Law and Village Law.

Subdivision plats. The Joint Planning Board shall have the authority to review and approve subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.[2]

Editor's Note: For Town of Clayton land division regulations, see Ch. 186, Subdivision of Land.

Cluster development plans. The Joint Planning Board shall have the authority to review and approve cluster development plans simultaneously with the review of the subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.

State Environmental Quality Review Act (SEQR). The Joint Planning Board shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

Proposed zoning amendments. The Town Board shall refer all proposed amendments to and changes in this chapter to the Joint Planning Board for review and recommendation prior to taking action thereon, in accordance with the provisions of § 235-16 of this chapter. The time for such review shall normally be a maximum of 30 days, but may be extended at the discretion of the Town Board. If the Joint Planning Board fails to take action within the designated period, it shall be deemed to have made a positive recommendation. The Joint Planning Board's recommendation, to be made in writing, shall consider the impact of the proposed amendments and/or changes to the Town/Village Comprehensive Plan, the zoning ordinance and the long-range planning concerns of the Town and Village of Clayton.

General reports and special studies.

The Joint Planning Board shall have the full power and authority to make such investigations and to issue such maps, reports and recommendations relating to the planning and development of the Town and Village of Clayton that it deems desirable.

The Town Board may refer to the Joint Planning Board any matter or matters that it deems relevant for the preparation and submission of a report on said subject(s).

The Town Board, before making any changes in the Town Map so as to lay out new streets, highways, drainage systems or parks, or to alter or close existing streets, highways, drainage systems or parks shall refer such matter to the Joint Planning Board for its review and report. If the Joint Planning Board fails to make its report within 30 days of such reference, it shall be deemed to have approved the change.

Procedure.

The Joint Planning Board shall act in strict accordance with all requirements of Town Law and Village Law, this chapter and Village of Clayton Law. All applications to the Joint Planning Board shall be in writing on a form prescribed by the Joint Planning Board. For all actions requiring site plan review and approval, subdivision plat approval and cluster development approval, a public hearing shall be held, and upon five days' notice, will be published in the Town or Village of Clayton's officially designated newspaper. For all actions involving special use permit approval, the Joint Planning Board shall direct that a public hearing be held, upon five days' notice, published in the Town or Village of Clayton's officially designated newspaper. Every decision of the Joint Planning Board shall be communicated in writing to the applicant within five days, accompanied, in case of disapproval or conditional acceptance, by a brief summary of the reasons therefor.

All site plan review, special use permit and zoning actions of the Joint Planning Board that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

All actions taken by the Joint Planning Board shall be recorded in its minutes, together with a summary of the reasons for its decision, and a tally of the members' votes thereon. Said minutes shall be maintained in the Town and Village Clerk's office and shall be available for public inspection during regular office hours.

All meetings and hearings of the Joint Planning Board shall be open to the public.

Costs incurred by the Joint Planning Board or Town Board for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

Enforcement and remedies.

In accordance with § 268 of the Town Law, any violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction as a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

Clayton City Zoning Code

§ 235-16

Administration and enforcement.

Interpretation. The provisions of this chapter shall be held, in their interpretation and application, to be the minimum requirements for the promotion of the public health, safety and general welfare of the Town of Clayton and its inhabitants.

Zoning Enforcement Officer.

The Town Board shall appoint a Zoning Enforcement Officer who shall have the authority to administer and enforce the provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton, and who shall have the power and authority to make inspections of buildings and premises necessary to enforce this chapter. The Zoning Enforcement Officer shall have the authority to:

Issue zoning permits.

Issue certificates of compliance.

Define and interpret district boundaries on the Town Zoning Map.

Issue stop-work orders in the event of any violation of this chapter or the rules and regulations of any agency of New York State and/or Jefferson County.

It shall be the duty of the Zoning Enforcement Officer to:

Keep a record of all applications for zoning permits and all zoning permits issued with a specific notation of any conditions imposed or required.

File and retain copies of all building and lot plans submitted. The same shall be available for the use of Town or other appropriate officials.

Report periodically to the Town Board the number of zoning permits issued and the amount of fees.

Zoning permits.

No building or structure shall be erected, enlarged, altered or moved, no mobile home shall be located or moved, nor the use of said building, structure or mobile home commenced unless and until a zoning permit therefor has been issued.

Applications for zoning permits shall be submitted to the Zoning Enforcement Officer and shall include two copies of a plot plan showing the actual dimensions of the lot, the size, height and location of the structure and any accessory buildings to be erected, the proposed location of the mobile home, and/or location and dimensions of the sewage system to be constructed. In each instance, the distances from the building line to all property lines, road or street rights-of-way and/or high water marks, as well as the location of adjacent properties, streams, ponds, marshes, wetlands or other features, together with all other information necessary to determine compliance with this chapter shall be provided by the applicant.

A fee, as determined by the Town Board, shall be paid for the issuance of each zoning permit.

Any zoning permit issued under this chapter shall expire if construction shall not have commenced within six months from the date of issuance.

Any construction that has been discontinued for a period of 12 months or longer shall be deemed to have been abandoned. Resumption of construction shall be authorized only upon the issuance of a new zoning permit.

Failure to display red zoning permit visible from the street or waterway is a violation of this chapter.

Certificate of compliance. No land shall be used or occupied, no building or structure shall be constructed, erected, located, extended, altered or used, or no changes made in the use of land, building or structure unless and until a certificate of compliance shall have been issued by the Zoning Enforcement Officer stating that the land, building or structure and the proposed use thereof is in compliance with the zoning provisions of this chapter.

Building Inspector/Town-authorized agent.

The Town Board shall appoint a Building Inspector or authorize an agent who shall have the authority to administer the provisions of the New York State Uniform Fire Prevention and Building Code and relevant provisions of this chapter throughout all areas of the Town outside the incorporated Village of Clayton.

The Town Building Inspector or the Town-authorized agent shall have the authority to:

Issue building permits, provided that a valid zoning permit shall have previously been issued by the Zoning Enforcement Officer.

Inspect, certify and issue permits for sanitary waste facilities, community water supply systems and plumbing facilities in accordance with the provisions of this chapter and the rules and regulations of the New York State Departments of Environmental Conservation and Health.

Issue certificates of occupancy.

Revoke a building permit where there is false, misleading or insufficient information; revoke a building permit and/or certificate of occupancy where the applicant has not complied with the terms of his application.

Issue stop-work orders.

Refer appropriate matters to the Town Board, Joint Planning Board, Zoning Enforcement Officer, Joint Zoning Board of Appeals or other appropriate agency.[1]

Editor's Note: Original Art. XV, Section C(3) and (4), regarding building permits and certificates of occupancy, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 114-4, Building permits, and § 114-7, Certificates of occupancy.

Joint Town/Village Zoning Board of Appeals.

Appointment and membership. The Joint Town/Village of Clayton Zoning Board of Appeals is comprised of five members, two of which are appointed by the Town, and two of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of five years as follows:

The governing board of the Town of Clayton shall appoint one member for a one-year term and one member for a three-year term. The governing board of the Village of Clayton shall appoint one member for a two-year term and one member for a four-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Joint Zoning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Zoning Board of Appeals will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Zoning Board of Appeals. The Town and the Village jointly appoint three alternate members to the Joint Zoning Board of Appeals. The Joint Zoning Board of Appeals refers candidates for alternate to both Town and Village Boards by the Joint Zoning Board of Appeals for their approval. Both Village and Town Clerks must swear in all Zoning Board of Appeals members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for five years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Zoning Board of Appeals from the membership thereof by January 15 each year. If the governing boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Zoning Board of Appeals from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. In the event the Joint Town/Village Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Zoning Board of Appeals will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Zoning Board of Appeals in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Zoning Board of Appeals shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Zoning Board of Appeals. Each municipality shall budget for said position. The Zoning Board of Appeals shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Zoning Board of Appeals shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Joint Zoning Board of Appeals, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Zoning Board of Appeals shall have advisory capacity on matters of zoning variances and interpretations to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Zoning Board of Appeals members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Zoning Board of Appeals shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Zoning Board of Appeals shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Zoning Board of Appeals budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Zoning Board of Appeals, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Zoning Board of Appeals, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Zoning Board of Appeals as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 4, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Zoning Board of Appeals members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Zoning Board of Appeals are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest on any matter pending before the Joint Zoning Board of Appeals. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

In the event the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

All provisions of this section and of the Town Law relating to Zoning Board of Appeals member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

Jurisdiction. The jurisdiction of the Joint Zoning Board of Appeals shall apply to the entire Town inclusive of the incorporated Village of Clayton.

Powers and duties. The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by law, the Village of Clayton Zoning Law, and this chapter, including:

Interpretation. The Joint Zoning Board of Appeals shall have the power to interpret the provisions of Village of Clayton Zoning Law, and this chapter.

Review. The Joint Zoning Board of Appeals shall have the power to review any order or decision of the Town of Clayton Zoning Enforcement Officer and the Village of Clayton Zoning Enforcement Officer upon appeal by the person or persons affected.

Variances. The Joint Zoning Board of Appeals shall have the power to vary or modify the application of any of the regulations or provisions of this chapter and the Village of Clayton Zoning Law relating to the use of land or the use, construction or alteration of buildings or structures, so that the spirit of this chapter and the Village of Clayton Zoning Law shall be observed, public safety and welfare secured and substantial justice done, in accordance with New York State.

Environmental Quality Review Act (SEQR). The Joint Zoning Board of Appeals shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

Use variances.

The Joint Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, local law, or Village of Clayton Zoning Law shall have the power to grant use variances, as defined herein.

No such use variance shall be granted by the Joint 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 Joint Zoning 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.

That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

That the requested use variance, if granted, will not alter the essential character of the neighborhood.

That the alleged hardship has not been self-created.

The Joint Board of Appeals, in the granting of use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Area (dimensional) variances.

The Joint Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, local law, or the Village of Clayton Zoning Law, to grant area variances as defined herein.

In making its determination, the Joint Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:

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.

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.

The Joint Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Imposition of conditions. The Joint Zoning Board of Appeals shall, in the 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, local law, and the Village of Clayton Zoning Law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

Expiration of approval. In the event that the applicant fails to execute the terms and conditions set forth in the use or area (dimensional) variance within 18 months after its final approval by the Joint Zoning Board of Appeals, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.

Procedure.

The Joint Zoning Board of Appeals shall act in strict accordance with all requirements of Town Law, Village Law, and Village Zoning Law and of this chapter. All appeals and variance applications to the Board shall be in writing on a form prescribed by the Board and accompanied by the fee set by the Town Board. Every appeal or variance application shall cite the specific provision(s) of the Town of Clayton ordinance or Village of Clayton law involved and shall set forth precisely the grounds for the appeal of or the basis for granting the variance, as the case may be. In each instance, all necessary supporting evidence and data shall be attached to the appeal or application.

Within 60 days after receipt of an appeal or variance application, the Joint Zoning Board of Appeals shall schedule a public hearing to be held following at least five days, notice published in the Town's officially designated newspaper. Such notice shall include a brief description of the order/decision appealed, or the specific nature of the variance sought, as the case may be, as well as the road or street address, the geographic location and the Tax Map identification of the parcel or property involved.

Written notice shall also be provided all to adjacent property owners and all other involved parties; when a use variance is involved, written notice shall also be provided to all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property.

All variances or appeal actions of the Joint Town/Village Zoning Board of Appeals that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

Within 62 days following the final public hearing, the Joint Town/Village Zoning Board of Appeals shall reach its decision to accept or reject the appeal or variance application. Every decision of the Joint Board shall be accompanied by a brief summary of the reasons for its action and shall be communicated to the applicant in writing within five days. All actions taken by the Joint Zoning Board of Appeals shall be recorded in its minutes, together with a summary of the reasons for its decision and a tally of the members' votes thereon; said minutes shall be maintained in the Town Clerk's office and shall be available for public inspection during regular office hours.

All meetings of the Joint Town/Village of Clayton Zoning Board of Appeals shall be open to the public.

Costs incurred by the Joint Zoning Board of Appeals for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

Joint Town/Village Planning Board.

Appointment and membership.

The Joint Town/Village of Clayton Planning Board is comprised of seven members, three of which are appointed by the Town, and three of which are appointed by the Village, and one appointed jointly by the Town and the Village. These members are appointed for a term of seven years as follows:

The governing Board of the Village of Clayton shall appoint one member for a one-year term, one member for a three-year term and one member for a five-year term. The governing Board of the Town of Clayton shall appoint one member for a two-year term and one member for a four-year term and one member for a six-year term. Both boards (Town and Village) shall jointly appoint one member for a five-year term. Upon the expiration of the term of a member of the Planning Board, the body which appointed the incumbent to the expiring term shall appoint his or her successor to a full seven-year term of office. If a vacancy occurs other than by expiration of a term of office, the body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term. Effective with the signing of this agreement, terms of existing members of the Joint Town/Village Planning Board will expire on December 31 of the year in which the current appointee's term is set to expire. In the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Town/Village of Clayton Planning Board. The Town and the Village jointly appoint three alternate members to the Joint Clayton Planning Board. The Joint Planning Board refers candidates for alternate to both Town and Village Boards by the Joint Planning Board for their approval. Both Village and Town Clerks must swear in all Planning Board members and alternates at the beginning of each term. Swearing in shall be recorded in each municipality. All respective terms of office to begin on January 1 and are for seven years each. The Village of Clayton Board of Trustees and the Town Board of the Town of Clayton shall annually and jointly appoint the Chairperson for the Joint Planning Board from the membership thereof by January 15 each year. If the governing Boards have not come to an agreement by January 15 of each year, such Joint Board may select one of its members to serve as Chair. The alternates serve in the event that a regular member of the Joint Planning Board from that municipality is absent or unable to serve because of a conflict of interest on any matter pending before the Joint Planning Board. In the event the Joint Town/Village Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it, the Chairperson or acting Chairperson may select an alternate member or members to sit in place of the absent member(s). The Joint Town/Village of Clayton Planning Board will apply those standards for compliance and interpretation based on the regulations and guidelines as promulgated by the respective ordinance or law of each municipality. The Joint Town/Village of Clayton Planning Board in conducting business will comply with other laws relative to Town Law and Village Law, General Municipal Law of the State of New York, and the provisions of the State Environmental Quality Review Act. The Joint Town/Village of Clayton Planning Board shall hire an individual to act as Secretary to take minutes, keep records, and conduct correspondence and any other related task as requested by the Joint Planning Board. Each municipality shall budget for said position. The Planning Board shall set the salary for the Secretary subject to Town/Village review. The Town and Village will each be responsible for their respective 1/2 of the salary of the Secretary. The Joint Town/Village of Clayton Planning Board shall adopt bylaws outlining its structure and function, including, but not limited to, the selection of a Chairperson and Secretary, resolution procedures, meeting dates (one per month for a total of 12 per year unless otherwise warranted), and process for conducting meetings. Each Board member is required to complete the minimum training as required by law. At the discretion of the municipality that appointed the member, failure to comply with this requirement may be grounds for removal from the Board. This provision is subject to New York State regulations and training criteria. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Clayton Planning Board, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board. The Joint Town/Village of Clayton Planning Board shall have advisory capacity on matters of planning and land use to the Town Board and the Village Board and those duties stated in the respective zoning ordinance or law of each municipality. The cost or services for the Chairman and Clayton Planning Board members, as well as training, shall be shared equally by the Town and the Village. Each year, the Joint Town/Village of Clayton Planning Board shall meet in February to determine a budget for the upcoming fiscal year, subject to Town and Village review. For the purpose of this agreement, the Town and Village will contribute equally by providing for its prorated share of such budget by making an annual appropriation in its respective municipal budget. The fiscal agent for the Joint Town/Village of Clayton Planning Board shall be the Town Director of Finance. Such agent will make biannual reports or by request to Village and Town Boards regarding the status of the Planning Board budget. In the event litigation occurs on the part of a petitioner as a result of the action of the Joint Town/Village of Clayton Planning Board, the costs associated with such litigation shall be the responsibility of the municipality whose ordinance or law has jurisdiction in said case. To the extent outside costs for consultants or experts are incurred by the Joint Town/Village of Clayton Planning Board, such costs will be passed through to the municipality requiring such services; where such costs are for the joint benefit of the Town and Village (e.g., Comprehensive Plan), said expenses shall be shared equally between the Village and the Town. The fiscal agent shall invoice the Village on quarterly basis for costs incurred on the last business day of each of the following months: March, June, September, December. Each municipality shall receive revenues based on the current fee structure stipulated in their respective law/ordinance. All provisions of this section and of the Town Law and Village Law relating to the Joint Clayton Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Clayton Planning Board shall also apply to alternate members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Three alternate member positions are hereby established for the Joint Town of Clayton and the Village of Clayton Planning Board as established pursuant to an Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997, and amended April 14, 1999. As provided by Intermunicipal Agreement between the Town of Clayton and the Village of Clayton dated June 28, 2000, the alternate Planning Board members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meeting of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Planning Board are hereby established to fill the vacancy in the event that a regular member of said Board is absent or is unable to serve because of a conflict of interest. The initial alternate member positions established by the Village shall be for a term of one year, a term of three years, and a term of four years, respectively; and the initial alternate member positions established by the Town shall be for a term of two years, a term of four years, and a term of five years, respectively. At the expiration of the initial terms, the successor terms for each municipality shall be for five years each.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

In the event the Joint Town of Clayton and Village of Clayton Planning Board lacks one or more regular members for any reason on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson may select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

[Added 5-12-1999 by L.L. No. 1-1999; amended 8-9-2000 by L.L. No. 2-2000]

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Planning Board to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Planning Board until the matter or matters for which the substitution is made has been decided in final by said Board.

[Added 5-12-1999 by L.L. No. 1-1999]

All provisions of this section and of the Village Law relating to Planning Board member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Planning Board shall also apply to alternate members.

[Added 5-12-1999 by L.L. No. 1-1999]

Jurisdiction. The jurisdiction of the Joint Planning Board shall apply to the entire Township inclusive of the incorporated Village of Clayton.

Powers and duties. The Joint Planning Board shall have all the powers and duties prescribed by law, the Village of Clayton law, and this chapter, including:

Comprehensive Plan. The Joint Planning Board shall have the authority to prepare a Comprehensive Plan for the Town and Village of Clayton, as well as to recommend changes therein.

Special use permits. The Joint Planning Board shall have the authority to issue special use permits in accordance with the requirements of this chapter, Village Zoning Law and the appropriate Town Law and Village Law.

Site plan review. The Joint Planning Board shall have the authority to administer the site plan review and approval provisions of this chapter, contained in § 235-13 and Village of Clayton Zoning Law. In so administering these provisions, the Joint Planning Board shall be empowered to establish specific conditions, dimensions and other requirements to meet the generally prescribed performance criteria of this chapter and Village of Clayton Law. In performing this function, the Joint Planning Board shall act in accordance with the dictates of this chapter, Village of Clayton Zoning Law and the appropriate Town Law and Village Law.

Subdivision plats. The Joint Planning Board shall have the authority to review and approve subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.[2]

Editor's Note: For Town of Clayton land division regulations, see Ch. 186, Subdivision of Land.

Cluster development plans. The Joint Planning Board shall have the authority to review and approve cluster development plans simultaneously with the review of the subdivision plat in accordance with the land division regulations of the Town and Village of Clayton.

State Environmental Quality Review Act (SEQR). The Joint Planning Board shall have the authority to determine the possible environmental significance of actions before it, in accordance with the provisions of 6 NYCRR Part 617, State Environmental Quality Review Act.

Proposed zoning amendments. The Town Board shall refer all proposed amendments to and changes in this chapter to the Joint Planning Board for review and recommendation prior to taking action thereon, in accordance with the provisions of § 235-16 of this chapter. The time for such review shall normally be a maximum of 30 days, but may be extended at the discretion of the Town Board. If the Joint Planning Board fails to take action within the designated period, it shall be deemed to have made a positive recommendation. The Joint Planning Board's recommendation, to be made in writing, shall consider the impact of the proposed amendments and/or changes to the Town/Village Comprehensive Plan, the zoning ordinance and the long-range planning concerns of the Town and Village of Clayton.

General reports and special studies.

The Joint Planning Board shall have the full power and authority to make such investigations and to issue such maps, reports and recommendations relating to the planning and development of the Town and Village of Clayton that it deems desirable.

The Town Board may refer to the Joint Planning Board any matter or matters that it deems relevant for the preparation and submission of a report on said subject(s).

The Town Board, before making any changes in the Town Map so as to lay out new streets, highways, drainage systems or parks, or to alter or close existing streets, highways, drainage systems or parks shall refer such matter to the Joint Planning Board for its review and report. If the Joint Planning Board fails to make its report within 30 days of such reference, it shall be deemed to have approved the change.

Procedure.

The Joint Planning Board shall act in strict accordance with all requirements of Town Law and Village Law, this chapter and Village of Clayton Law. All applications to the Joint Planning Board shall be in writing on a form prescribed by the Joint Planning Board. For all actions requiring site plan review and approval, subdivision plat approval and cluster development approval, a public hearing shall be held, and upon five days' notice, will be published in the Town or Village of Clayton's officially designated newspaper. For all actions involving special use permit approval, the Joint Planning Board shall direct that a public hearing be held, upon five days' notice, published in the Town or Village of Clayton's officially designated newspaper. Every decision of the Joint Planning Board shall be communicated in writing to the applicant within five days, accompanied, in case of disapproval or conditional acceptance, by a brief summary of the reasons therefor.

All site plan review, special use permit and zoning actions of the Joint Planning Board that fall within the jurisdiction of General Municipal Law, Article 12-b, § 239-m, shall be referred to the Jefferson County Planning Board for its review and action thereon prior to final local decision.

All actions taken by the Joint Planning Board shall be recorded in its minutes, together with a summary of the reasons for its decision, and a tally of the members' votes thereon. Said minutes shall be maintained in the Town and Village Clerk's office and shall be available for public inspection during regular office hours.

All meetings and hearings of the Joint Planning Board shall be open to the public.

Costs incurred by the Joint Planning Board or Town Board for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.

Enforcement and remedies.

In accordance with § 268 of the Town Law, any violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction as a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.