Colonie Town City Zoning Code
ARTICLE XX
Administration, Enforcement, Penalties
§ 190-118 General provisions.
A.
Building permits required. In any district, no building or structure shall hereafter be erected, demolished or structurally altered, nor shall any excavation be made or footing or foundation be constructed therefor, nor shall there be any change of tenancy for use other than residential, until a permit authorizing the same shall have been issued by the authorized Town departments.
B.
Fees; applications. An applicant for any review, approval or permit prescribed in this chapter shall not be authorized to obtain the same without first making payment of the required fee therefor as established by the Town Board and submitting the required application on such forms prescribed therefor. Additionally, should the department or board requiring an application required to be made by this chapter deem it necessary to hire consultants for technical review, the applicant shall be required to bear the expense, not to exceed the total cost to the Town. In addition, if deemed necessary by the reviewing department or board, the applicant shall be required to bear the costs of on-site inspection by technical consultants employed by the Town.
C.
Completion of buildings under construction. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued or which is actually under construction at the time of passage of this chapter and which entire building shall be completed within one year for a single-family dwelling and two years for all other permits from the date of the passage of this chapter.
D.
A violation of any condition of a permit, approval, variance, special exception, special use permit or other authorization granted or issued by any board or Town department in the exercise of its jurisdiction pursuant to this chapter shall be considered a violation of this chapter and subject to the enforcement and penalties provisions established herein.
§ 190-119 Zoning Board of Appeals.
A.
Organization.
(1)
Members appointed by the Town Board. There shall be a Zoning Board of Appeals consisting of seven members appointed by the Town Board. The Board of Appeals shall have the power granted by and be controlled by the provisions of this chapter and as delegated to the Town Board by the Municipal Home Rule Law. Consistent with said section of the Town Law, the Board of Appeals shall determine its own rules and procedures, the manner in which appeals shall be brought before it and what notice shall be given of proceedings before it.
(2)
Alternate members.
(a)
The Town Board may, by resolution, appoint up to two alternate members of the Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the Board.
(b)
Alternate members shall serve for a term of three years.
(c)
The Chairperson of the Board of Appeals may temporarily replace a member with an alternate member, with full voting privileges, when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board.
(d)
All provisions of state law relating to Board of Appeals members' eligibility, vacancy in office, removal, compatibility of office, and service on other boards, as well as any provision of a local law/ordinance relating to training, continuing education, compensation, and attendance, shall also apply to alternate members.
B.
Variances.
(1)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of these regulations, to grant area variances from the area or dimensional requirements of such regulations. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against any detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall follow criteria as set forth in the New York State Town Law.
(b)
The 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.
(c)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of 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, and to specify the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of these regulations, shall have the power to grant use variances authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the regulations.
(b)
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that it meets the criteria as set forth in New York State Town Law.
(c)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of use 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, and to specify the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(3)
Notification.
[Added 4-11-2013 by L.L. No. 8-2013]
(a)
Following submission of an application for a use variance related to a parcel located in a Single-Family Residential or Multifamily Residential Zoning District, the applicant shall provide written notice of the public hearing to all owners whose properties are located partially or wholly within a five-hundred-foot distance from the perimeter of the subject parcel(s) proposed for a variance.
(b)
Following submission of an application for an area variance related to a nonresidential parcel located in a Single-Family Residential or Multifamily Residential Zoning District, the applicant shall provide written notice of the public hearing to all owners whose properties are located partially or wholly within a two-hundred-fifty-foot distance from the perimeter of the subject parcel(s) proposed for a variance.
(c)
The notice of public hearing shall contain, at a minimum, the name of the applicant, the subject parcel address, and a brief description of the proposed project, as well as the date, time and place of the hearing. Notices must also contain the following statement: "Landlords are strongly encouraged to notify tenants of the contents of this notice."
(d)
The notice of public hearing must be mailed at least 10 days or personally delivered at least five days before the scheduled date of the public hearing. Notices may be personally delivered or sent by regular mail. If a notice is undeliverable by the United States Postal Service or delivery is refused by the addressee, no further notification efforts for such addressee are required by the applicant.
(e)
The applicant must also place placards provided by the Town on the subject parcel(s).
(f)
The applicant shall submit the following proof of notification to the Building Department at least two business days prior to the scheduled date of the public hearing:
[1]
A copy of a portion of the Tax Map depicting the subject parcel(s) and all lands which are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter thereof.
[2]
A schedule of the names and addresses of the property owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter of the subject parcel(s).
[3]
A sworn affidavit of delivery and posting of notices demonstrating that written notice of the public hearing was provided to all owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter of the subject parcel(s). This affidavit shall list the addresses of owners to whom notice was mailed or personally delivered, and attach copies of all written notices and a map showing where placards were posted.
C.
Jurisdiction on Town Law § 280-a appeals.
[Added 10-11-2007 by L.L. No. 14-2007]
(1)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of Town Law § 280-a, shall have the power to grant exceptions and area variances as permitted by Town Law § 280-a(3), authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the regulations.
(2)
No such exception or area variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that it meets the criteria as required by New York State Town Law § 280-a.
(3)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of exceptions or 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, and which will protect any future street or highway layout, and also to specify the period of time such exception or variance shall be in effect. Such conditions shall be consistent with the spirit and intent of Town Law § 280-a.
D.
Wireless telecommunications special use permits.
[Added 11-5-2009 by L.L. No. 13-2009]
(1)
The Zoning Board of Appeals shall have the power to grant wireless telecommunications special use permits pursuant to Chapter 189 of the Town Code entitled "Wireless Telecommunications Facilities Siting.
(2)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of wireless telecommunications special use permits, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property.
E.
Special use permits.
[Added 5-1-2014 by L.L. No. 8-2014]
§ 190-120 Planning Board.
A.
Organization.
(1)
Members appointed by the Town Board. There shall be a Planning Board consisting of seven members appointed by the Town Board. Members of the Planning Board shall be appointed by the Town Board of the Town of Colonie for terms of three years, commencing upon the expiration of the term of each member of said Planning Board now holding office.
(2)
Authorization. The Planning Board is hereby authorized to promulgate such rules, regulations and procedures as it deems reasonably necessary to administer the duties and responsibilities delegated to it hereunder pursuant to statute, local law, ordinance or Town Board resolution. Pursuant to this chapter, as may be amended from time to time, such rules, regulations and procedures promulgated by the Planning Board hereunder may be adopted only after public hearing and are subject to final approval by the Town Board, and same shall become effective upon filing in the Town Clerk's Office.
(3)
Power and authority. The Planning Board shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding the appropriations that may be made or authorized for such purposes.
B.
Planning Board jurisdiction. The Planning Board shall hear and exercise the powers and duties relating to the following matters:
(1)
As may be authorized by the Town Board pursuant to statute, to prepare, review and make recommendations regarding a Town Comprehensive Plan or amendments thereto; to prepare and change a master plan for the development of the entire area of the Town of Colonie outside the limits of the incorporated Villages of Colonie and Menands; 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.
(2)
To approve all plats showing any streets or highways within that part of the Town outside the limits of the incorporated Villages of Colonie and Menands.
(3)
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.
(4)
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 New York State laws.
(5)
To make recommendations in connection with any proposed changes or amendments to the Code of the Town of Colonie which may, from time to time, be submitted to it by the Town Board.
(6)
To review, make recommendations and/or approve or disapprove proposals for site plan review, planning special permits, subdivision of land or conservation development, open development areas, mobile home park site design or sites proposed for planned development districts as provided in this chapter.
[Amended 5-1-2014 by L.L. No. 8-2014]
(7)
To hear and decide appeals from, make interpretations and review any order, requirement, decision or determination made by an administrative official charged with the administration or enforcement of any local law, statute or ordinance over which the Planning Board has jurisdiction to act hereunder. Such application for an interpretation or appeal may be made by any party aggrieved by such order, requirement, decision or determination, or by the administrative official.
(8)
To implement and otherwise comply with all requirements of the State Environmental Quality Review Act (SEQRA).
(9)
Without limitation, to exercise all other powers conferred upon it pursuant to this chapter, as may be amended from time to time, including the conduct of hearings and the performance of its duties, and shall pass upon all matters which may be referred to it by resolution, ordinance or local law of the Town Board.
C.
The PEDD as administrative agent of the Planning Board. The Planning and Economic Development Department of the Town of Colonie (PEDD) is hereby authorized and designated to act as the administrative agent of the Planning Board for all matters within the Planning Board's jurisdiction.
§ 190-121 Development Coordination Committee.
A.
A Development Coordination Committee (DCC) shall be, and it hereby is, established.
B.
The DCC shall consist of designated representatives of the Planning and Economic Development Department, Building Department, and Fire Prevention and Investigation Department, and the Department of Public Works' Bureau of Engineering, Division of Latham Water, and Division of Pure Waters.
C.
The purpose of the DCC shall be to give both the Town and the project applicant an opportunity to gain a better perspective on the ramifications of the proposal and to provide direction and feedback to the applicant, based on the professional expertise of the DCC, the Town's current planning documents, and the design guidelines and other requirements of this chapter, prior to the start of the formal review process for major site plan and major subdivision applications.
§ 190-122 Sign Review Board.
A.
A Sign Review Board shall be, and it hereby is, established.
B.
The purpose of this Board is to provide a process by which special exceptions may be issued consistent with the intent of the provisions of this chapter related to signs and to hear any appeals on questions of alleged error in any order or determination of the Building Department involving the interpretation of said provisions.
C.
Membership.
(1)
Membership shall consist of five residents of the Town appointed by the Supervisor with the approval of the Town Board. Vacancies shall be filled for an unexpired term in the same manner as the original appointment.
(2)
Alternate members. There shall be one alternate member of the Sign Review Board. The Town Board hereby grants to the Chairman of the Sign Review Board the power to temporarily replace a member with an alternate member, with full voting privileges, where the member's abstention from a particular vote, due to absence or conflict of interest, precludes the Board member from taking action on a particular issue.
D.
The Supervisor shall designate the Chairman of said Board the first day of each year.
E.
The initial appointees of the Board shall have different terms ranging from one to five years. Thereafter, appointments shall be for five years to maintain five-year terms and yearly appointments.
F.
Any person aggrieved by a decision of the Sign Review Board may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law.
§ 190-123 Junkyard Review Committee.
A.
Junkyard Review Committee; hearings. To further the purposes of this chapter, there is hereby created the Town of Colonie Junkyard Review Committee, consisting of the Director of the Building Department, Chief Fire Inspector/Investigator and the Director of the Planning and Economic Development Department; the local fire chief of the fire district or fire company serving the fire protection district in which the junkyard is located shall be invited to serve as an ex officio member without having any vote.
B.
The Junkyard Review Committee may issue advisory opinions upon request and shall conduct public hearings regarding license revocation as provided in this chapter and on all applications for annual licenses hereunder prior to the issuance of such licenses by the Building Department and shall have the authority to modify any regulations contained in this chapter and/or additionally impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property.
§ 190-124 Floodplains management local administrator.
The PEDD is hereby appointed to administer and implement the floodplains management provisions of this chapter by granting or denying development permit applications in accordance with said provisions.
§ 190-125 Floodplains Management Appeals Board.
A.
The Floodplains Management Appeals Board, as established by the Town Board, shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter.
B.
The Floodplains Management Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the PEDD in the enforcement or administration of the floodplain management provisions of this chapter.
§ 190-126 Significant Environmental Areas Management Appeals Board (SEAMAB).
A.
The SEAMAB as established by the Town Board shall hear and decide all:
(1)
Appeals where it is alleged that there is an error in any requirement, decision or determination made by the PEDD in the administration or enforcement of the watercourse area management provisions of this chapter; and
(2)
Applications for variances from the requirements of the watercourse area management provisions of this chapter.
B.
Those aggrieved by the decision of the Significant Environmental Areas Management Appeals Board may appeal such decision to the Supreme Court of New York State in the manner provided by law therefor. Such appeal shall be instituted within 30 days after the filing of said Board's decision in the office of the Town Clerk.
§ 190-127 Conservation Advisory Council.
The Conservation Advisory Council of the Town of Colonie, as established by the Town Board, shall:
A.
Consist of five or more members;
B.
Advise in the promotion and development of natural resources of the Town;
C.
Conduct research into the land areas of the Town and seek to coordinate the activities of bodies organized for similar purpose; and
D.
Keep an index of open areas of land to obtain information pertinent to proper utilization of such open areas, including all wetlands and green areas.
§ 190-128 Interpretation; diminishing of requirements; conflicts.
A.
Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the health, safety, comfort, convenience or the general welfare of the citizens of the Town of Colonie.
B.
Conflicts with other provisions. In the event that any provision of any other Town of Colonie local law, ordinance or regulation conflicts with the provisions of this chapter, the more stringent provision shall be controlling.
§ 190-129 Enforcement and penalties for offenses.
A.
In addition to the following penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this chapter.
B.
The Director and Planning Staff of the Planning and Economic Development Department; the Director, Deputy Director and Building Inspectors of the Building Department; the Chief Fire Inspector/Investigator and/or Inspectors/Investigators of the Fire Prevention and Investigation Department;[1] the engineering staff of the Department of Public Works, Bureau of Engineering; and Town police officers shall be and hereby are authorized to issue and serve appearance tickets with respect to any violation of this chapter.
C.
Penalties for offenses in violation of this chapter.
(1)
Any person or persons, associations or corporations committing an offense against this chapter or any section or provision thereof is guilty of a violation.
(2)
In the event of a continuing offense of any section or provision of this chapter, each day that such offense shall continue shall be a separate violation and subject to a separate fine, imprisonment or combination therefor.
(3)
A conviction of a first violation is punishable by a fine of not more than $350 or imprisonment for a period not to exceed six months, or both.
(4)
A conviction of a second violation is punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(5)
A conviction of a third or subsequent violation is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
(6)
Notwithstanding a conviction for an offense against any provisions or sections hereof, an association or corporation convicted shall be subject to revocation of any permit therein granted without reimbursement of fees paid therefor.
(7)
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense of this chapter, each such offense may be subject to a civil penalty not to exceed $250 to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be subject to a separate civil penalty.
(8)
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, for a penalty or for other punishment.