Coeymans Town City Zoning Code
ARTICLE V
Administration
§ 165-12 Enforcement.
Building Inspector. The Town Board shall appoint a Building Inspector who shall be charged with the general and executive administration of this chapter. The Town Board shall fix the salary or remuneration of such officer and shall provide for payment thereof. The duties of the Building Inspector shall be as follows:
To enforce all provisions of this chapter and all rules, conditions and requirements adopted or specified pursuant thereto.
To act promptly on all applications for building permits and certificates of occupancy.
To maintain files for all applications for building permits and plans submitted therewith and for certificates of occupancy and for records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection.
To record all identifiable complaints of violations of any provision of this chapter, and the subsequent action taken on each such complaint, which shall be public records.
To file a report with the Town Board at monthly intervals, summarizing for the period since the last previous report, listing all building permits and certificates of occupancy issued by him and all complaints of violations and the subsequent action taken by him in each case. The said Inspector or his duly authorized assistants shall have the right to enter any building or enter upon any land at any reasonable hour in the course of their duties.
Building permits.
No building or structure shall be erected, demolished or structurally altered until a permit therefor has been issued by the Building Inspector. Except upon a written order of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
Application.
All persons desiring a building permit shall apply in duplicate on an appropriate form stating the proposed work, use and occupancy. The application for a permit shall be accompanied by two copies of all plans, drawn to scale, showing the actual dimensions of the plot to be build upon and the locations of the building and any accessory buildings to be erected on the plot and the location of any proposed alterations, relocation, demolition or other structural change, and any other pertinent information as may be necessary to determine and provide for the enforcement of this chapter.
If approval of plans is required by the Planning Board/Zoning Board of Appeals, Board of Appeals, County Health Department or other agency for any of the proposed work, the applicant shall obtain such approval in writing and submit it along with the application for a building permit.
[Amended 2-25-2020 by L.L. No. 1-2020]
Approval.
The Building Inspector upon determining that the proposed work, use and occupancy are in compliance with this chapter, and other applicable ordinances and regulations, shall approve the application within 10 days and issue a building permit in connection therewith.
If the proposed work, use and occupancy do not comply with all sections of this chapter, a written order issued by the Board of Appeals excepting the applicant from compliance with such provisions shall be deemed sufficient to allow the issuance of a building permit. With the building permit, the Building Inspector shall return one copy of all plans and the application marked as approved.
Disapproval. Should the Building Inspector determine that the proposed work, use and/or occupancy are not in compliance with this and other applicable ordinance, codes or restrictions, he shall disapprove the application and return one copy of said application and plans marked as disapproved and with a statement of reasons for such disapproval, within 10 days.
Fees. Every application for a building permit shall be accompanied by a fee as determined by the Town Board of the Town of Coeymans in accordance with the State of New York Executive Law, Article 18. A schedule of fees shall be posted in the Building Inspector's office, as adopted from time to time by the Town Board of the Town of Coeymans.[1]
[Amended 3-1-1962; 4-24-1990]
Validity. Each building permit issued shall remain valid for a period of one calendar year following the date of issuance. Prior to expiration of a permit the applicant may apply for an extension of the original permit; such extension shall be for a reasonable time as determined by the Building Inspector.
Rescission. The Building Inspector, for just cause, may rescind a building permit which he has issued. he shall notify the applicant in writing of his reasons for such rescission.
Certificates of occupancy.
Application.
All persons desiring permission to occupy and use any part of a building or structure following construction, alteration, repair, extension, relocation or any structural changes, wholly or in part; or to change the use of an existing building, wholly or in part; or to change the use of a plot of land for other than agricultural purposes; or to occupy and use vacant land, shall apply to the Building Inspector for a certificate of occupancy.
Any such application shall be made in duplicate on an appropriate form stating the reason for such application and the location of the building or property in question. Such application shall be made concurrently with the application for a building permit if such a permit is required. The applicant shall furnish such data and documents as may be required by the Building Inspector for the performance of his duty.
Approval.
The Building Inspector shall issue a certificate of occupancy for any of the reasons stated in § 165-12C(1) above, after determining by inspection:
Such certificates, when issued, shall authorize the applicant to occupy and use the building or land in such manner as requested on the application.
Disapproval. Should the Building Inspector refuse to issue a certificate of occupancy he shall return one copy of the application marked as disapproved and with a statement of the reasons for such disapproval within 10 days.
Validity. A certificate of occupancy shall remain valid only as long as the specific conditions under which it was issued are maintained.
Rescission.
The Building Inspector, for just cause, may rescind a certificate of occupancy which he has issued. He shall notify the applicant in writing of his reasons for such rescission.
Temporary certificate. The Building Inspector may issue a temporary certificate of occupancy under such rules and conditions as the Board of Appeals may establish. Such certificate shall be valid for a period of not more than 30 days. Extensions for not more than 30 days each may be issued.
Additional copies. The Building Inspector may issue additional copies of any occupancy certificate to the applicant, owner, lessee, tenant or other person who has direct concern with the building or property.
Fees. Every application for a certificate of occupancy or a certificate of compliance shall be accompanied by a fee as determined by the Town Board of the Town of Coeymans in accordance with the State of New York Executive Law, Article 18. A schedule of fees shall be posted in the Building Inspector's office, as adopted from time to time by the Town Board of the Town of Coeymans.[2]
[Amended 4-24-1990]
§ 165-13 Board of Appeals.
Establishment.
There is hereby established a Board of Appeals pursuant to provisions of the Town Law. The membership of the existing Zoning Board of Appeals, now to be known as the Planning Board/Zoning Board of Appeals, is hereby increased to seven members. The additional sixth member shall be appointed to serve for a term of six years and the additional seventh member shall be appointed to serve a term of seven years. All future appointments shall be for a term of seven years.
[Amended 2-25-2020 by L.L. No. 1-2020]
The Town Board may fix the compensation of such members and provide for the payment thereof. The Town Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
Chairman and bylaws. The Town Board shall appoint the Chairman and the Board of Appeals shall prescribe such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties. Such rules, bylaws and forms shall be submitted to the Town Board for approval and filing for public view. The Town Board shall move to approve, reject or modify the same within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval of the rules, bylaws and forms.
Staff and expenditures. The Board of Appeals shall employ a secretary to keep the minutes of meetings, receive applications and appeals, and to assist in any other manner as may be necessary. Other assistance and expense may be authorized, provided that the expenses do not exceed any appropriation then available for such purposes.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more completely prescribed as follows:
Interpretation.
Upon proper request the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary.
Every request for interpretation shall be made in the form and manner specified by the rules for such procedure adopted by the Board of Appeals. Said request shall set forth the exact interpretation which is claimed or sought.
The Planning Board/Zoning Board of Appeals shall have and exercise the powers and duties as follows:
[Amended 6-25-2001 by L.L. No. 2-2001; 2-25-2020 by L.L. No. 1-2020]
To prepare and change a Comprehensive Plan for the development of the entire area of the Town of Coeymans outside of the limits of the Incorporated Village of Ravena and to make investigations and reports relating to the planning of the Town and its future growth and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
To approve all plats showing any streets or highways within that part of the Town outside of the limits of the Incorporated Village of Ravena.
To approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the County Clerk's office.
To approve or disapprove the laying out of, closing off or abandonment of such streets, highways or public areas under and subject to the provisions of the Town and Highway Laws.
Simultaneously with the approval of any such plat, to confirm and make changes in the zoning regulations applicable to the land included in any such plat, in accordance with the provisions of § 281 of the Town Law and amendments thereto.
To exercise all other powers conferred upon it by the provisions of the Town Law and to pass upon all matters which may be referred to it from time to time by resolution of the Town Board, it shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 272 through 281, inclusive, of the Town Law.
Variances.
Criteria for granting a variance.
The Board of Appeals shall have the power to vary or adapt the strict application of any of the requirements of this chapter, in the case of extraordinary physical conditions, whereby such strict application would result in unnecessary hardship that would deprive the owner of reasonable use of the land or building, but in no other case. A variance in this chapter shall be granted by the Board of Appeals only if it finds:
There are special conditions, described in the findings of the Board applying to the case in question and not generally to the neighborhood, and that said conditions are such that strict application of the provisions of this chapter would deprive the owner of reasonable use of such land or buildings; and
The granting of the variance is necessary for reasonable use of land or building and that said variance is the minimum variance, within the same use, that will accomplish this purpose; and
The granting of the variance will be in harmony with the general purpose of this chapter and will not be injurious to the neighborhood and public welfare.
In no case shall reasons of additional financial gain on the part of the owner of the buildings or land to be considered as grounds for granting a variance.
Conditions. The Board of Appeals, in granting any variance, shall prescribe any conditions that it deems to be necessary or desirable.
Compliance. The granting of a variance to this chapter shall not obviate the necessity of complying with all other applicable provisions of this chapter, in every other respect.
Application fees. Fees for applications to the Planning Board/Zoning Board of Appeals for variances shall be set by resolution of the Town Board upon recommendation of the Planning Board/Zoning Board of Appeals and the Building Inspector.
[Amended 6-25-2001 by L.L. No. 2-2001; 2-25-2020 by L.L. No. 1-2020]
Appeals.
Application. All appeals shall be made in the form and manner prescribed in the rules of procedure adopted by the Board of Appeals: Every appeal or application shall refer to the specific provisions of the ordinance involved, the decision, requirement, act or failure to act of the Building Inspector as the case may be.
Decisions.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Town Clerk, by case number, and under appropriate headings, together with all other documents pertaining thereto.
The Board of Appeals may reverse, affirm, wholly or partly, or modify any order, requirement or decision, as it deems necessary, in any case referred to it, and therefore shall have all the powers of the Building Inspector from whom the appeal was taken. The concurring vote of the majority of the members of the Board of Appeals shall be necessary to affirm any appeal upon which the Board is required to pass.
Stay of proceedings. Any appeal, properly filed, shall stay all actions under such action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to person or property.
Restraining order. The Board of Appeals shall have the power to grant a restraining order to stay all proceedings in furtherance of the action appealed from, over any action by the Building Inspector from whom the appeal is taken, upon notice to said officer and on due cause shown.
Costs for professional review of applications.
[Added 2-25-2020 by L.L. No. 2-2020]
If the Planning Board/Zoning Board of Appeals determines that professional review services are appropriate at the time of application or at any time during the approval process, the Planning Board/Zoning Board of Appeals shall request from a professional consultant retained by the Town Board an estimated fee for performing a review of the project submissions or other necessary services to properly review and consider an application. For the purpose of this section, professional review services shall be defined as, but not limited to, those services provided by engineers, lawyers, architects, designers, planners, surveyors, appraisers and related professionals.
The Planning Board/Zoning Board of Appeals shall require the applicant to deposit a cash amount equal to the estimated professional review costs into a Town-established escrow account. This money will then be used to pay for professional review services performed during the review process.
Payment to the escrow account is a prerequisite to a complete application and no review will be initiated until full payment is received. In the event review costs exceed available escrowed funds, applicant will be required to submit additional funds to the escrow account. No final action will be taken upon an application until all incurred professional fees have been paid by the applicant. The Planning Board/Zoning Board of Appeals is authorized to suspend review of an application until such time that the professional review escrow fund is replenished to an amount equal to projected costs for professional review.
When review services are less than the amount in the escrow account, remaining funds shall be returned to the applicant within 30 days of project approval.
The funds required by this section to enable proper professional review of applications do not include: any approvals or fees required from or by other agencies, professional review of any improvement district or district extension required by the proposed project, or any application fees otherwise required by the Town of Coeymans.
§ 165-14 Violations; penalties for offenses.
Notice of violation.
Whenever, in the opinion of the Building Inspector and after proper investigation, there appears to exist a violation of any provision of this chapter, or of any rule or regulation pursuant thereto, said officer shall serve a written notice of violation upon the appropriate person responsible for such alleged violation.
Such notice of violation shall include the following:
The nature and details of the violation;
The recommended action, which, if taken, will remedy the situation and effect compliance with the provisions of this chapter or with rules and regulations pursuant thereto;
The compliance date by which the violation must be remedied or removed; and
Compliance date extension. The specified date of compliance may be extended if, in the opinion of the Building Inspector, there is reasonable evidence of intent to comply and if unusual conditions prevent compliance by said specified date.
Certificate of compliance. Upon reinspection following the date of compliance as specified in the notice of violation, if the violation has been remedied or removed and there is no longer a violation of this chapter, or any rules and regulations pursuant thereto, then the Building Inspector shall issue a certificate of compliance.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and report thereon to the Board of Appeals.
Emergency action.
If a violation exists, in the opinion of the Building Inspector, which requires immediate remedial action to remove a direct hazard or imminent danger to persons or property, said officer may take action on his own initiative to abate the hazard or danger. Any costs so incurred shall be paid for by the person responsible for such violation.
The Building Inspector shall keep on file an affidavit stating accurately the items of expense incurred and the date of execution of the action taken, and shall be authorized to institute suit, if necessary, against the responsible party, or to place a lien on his property, for the purpose of recovering such costs.
Hearings.
Request for hearings. Any person served with a notice of violation in accordance with § 165-14A above of this chapter and who denies the alleged violation or is otherwise aggrieved by the required action necessary for compliance may, within 10 days after service of such notice, file a written request for a hearing with the Building Inspector stating the reasons for his request.
Time of hearing. The Building Inspector shall, within 10 days after receipt of a request for a hearing acknowledge said request in writing and set a time and place for the hearing not later than 15 days after the receipt of said request. Hearing may be postponed beyond 15 days by the Building Inspector for just cause, and upon service of a notice for such postponement.
Testimony and findings.
The person requesting the hearing shall be required to give evidence why he should not be required to remedy the violation or show cause why he is unable to comply with the remedial action set forth in the notice of violation.
After consideration of all testimony given at the time of hearing the Building Inspector shall sustain, amend or withdraw the notice of violation as originally served. If the notice is sustained or amended he shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original or amended notice.
Legal action for noncompliance by the Town Board.
Upon reinspection following the date of compliance as specified in the notice of violation or as extended in accordance with § 165-14B above, if the violation has not been remedied or removed as a specified and there is still in existence a violation of this chapter in the opinion of the Building Inspector, then said Officer shall immediately notify the Town Attorney who shall thereupon institute appropriate legal action to restrain, prevent, remedy or remove such violation and to compel compliance with this chapter.
By the taxpayers. If the Building Inspector fails or refuses to refer a continued violation of this chapter to the Town Attorney for appropriate legal action within a ten-day period following a written request for such action by any taxpayer, then any three or more taxpayers of the town may institute such legal action.
Penalties for offenses.
Any person who shall violate, cause to be violated, or assist in the violation of any of the provisions of this chapter shall be subject to conviction for an offense against an ordinance. He shall also be subject to a fine not exceeding $250, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment, for each and every violation. The issuance of a notice of violation shall signify the existence of a single violation and every week the violation exists beyond the date of compliance, or extension thereof, shall constitute a separate additional violation.[1]
Penalty for failure to apply for building permit or certificate of occupancy. Any person who proceeds to construct, add to, alter, move or demolish a building or part thereof, and/or who subsequently proceeds to occupy said building, land or parts thereof, without first applying for and obtaining the necessary permits shall be considered in violation of a section or sections of this chapter and shall be subject to prosecution according to § 165-14A above. Further, he shall be required, upon receipt of a written notice from the Building Inspector, to file application for the necessary permit or permits and shall be required to pay any fees as specified in § 165-12B(5). The Building Inspector shall then inspect the building or land involved and shall issue a certificate of occupancy (§ 165-12C) or a notice of violation (§ 165-14A).