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Colton Town City Zoning Code

PART 2

Building and Sanitary Regulations

§ 105-32 Enactment.

The Town Board of the Town of Colton in the County of St. Lawrence, New York, does hereby ordain and enact the Town of Colton Building and Sanitary Regulations under and pursuant to the Municipal Home Rule Law and consistent with the applicable provisions of Town Law of the State of New York.

§ 105-33 Title.

This Part 2 shall be known and may be cited as the "Town of Colton Building and Sanitary Regulations" and is hereinafter referred to as "this part."

§ 105-34 Purpose.

A. 
The purpose of this part is to provide basic and uniform standards governing the condition and maintenance of existing structures, uses and appurtenant systems and the construction and installation of new structures and appurtenant systems in order to establish reasonable safeguards for the safety, health and general well-being of the occupants and users thereof and for the residents and property owners of the Town of Colton.
B. 
It is further the purpose of this part to establish the appropriate process and guidelines for continued Town eligibility under the National Flood Insurance Act through the recognition and proper administration of United States Department of Housing and Urban Development designated flood hazard areas.
C. 
It is also the purpose of this part to further the stated purposes of the Adirondack Park Agency Act by satisfaction of the criteria for approval by the Adirondack Park Agency of a local land use program pursuant to Subdivision 2 of § 807 of the Act,[1] or such portion thereof as may be applicable to this part.
[1]
Editor's Note: See Executive Law § 807, Subdivision 2.

§ 105-35 Scope.

A. 
Pursuant to the provisions of the Municipal Home Rule Law and in accord with the applicable provisions of Town Law, this part authorizes and empowers those duly appointed or delegated by the Town Board of the Town of Colton to approve or disapprove building/use permits, certificates of compliance and operating permits according to the process and standards set forth herein.
B. 
This part shall apply to the maintenance of existing and future buildings, structures and systems and to the construction, installation, structural alteration, replacement or removal of any building, structure or appurtenant system or alteration of land as herein provided for in the Town of Colton.
C. 
In particular, Article VI of this part shall apply to all buildings, structures, systems and land, whether existing on the effective date of this part or constructed, installed, altered, replaced or maintained thereafter; whereas Article VII of this part shall apply only to such buildings, structures, systems or land constructed, installed, altered, replaced or removed after the effective date of this chapter.

§ 105-36 Uniform Fire Prevention and Building Code and related matters.

A. 
Nothing herein shall be construed to lessen or diminish the applicable provisions of the New York State Uniform Fire Prevention and Building Code[1] previously adopted by the Town. In the instance of any determination with respect to any performance standard, condition or criteria identified in this part, those specifications and guidelines set forth in the New York State Uniform Fire Prevention and Building Code and its accompanying list of Generally Accepted Standards may be referred to by the Enforcement Officer in making any such determination.
[1]
Editor's Note: See Ch. 74, Construction Codes, Uniform.
B. 
In addition, the applicable provisions of the following established requirements or standards of the State of New York, as most recently amended, shall be complied with:
(1) 
The Multiple Residence Law of the State of New York as set forth in Chapter 61-b of the Consolidated Laws;
(2) 
The state code for the construction and installation of mobile homes and standards, rules and regulations for mobile homes as set forth in Volume 9 Executive (B) of the Official Compilation of Codes, Rules and Regulations of the State of New York[2]; and
[2]
Editor's Note: See now the New York State Uniform Fire Prevention and Building Code.
(3) 
The State Fire Prevention Code of the State of New York promulgated by the State Building Code Council pursuant to Article 18 of the Executive Law.[3]
[3]
Editor's Note: The enabling statute for the Uniform Fire Prevention and Building Code is Executive Law Art. 18 (L. 1981, c. 707), § 370 et seq. The former Uniform Code (9 NYCRR, effective 1-1-1984) superseded the former State Building Construction Code, the former State Fire Prevention Code and the former State Model Housing Code.
C. 
The Enforcement Officer may require as part of any application or determination that the applicant or responsible party certify that the standards and guidelines to which the proposed undertaking or existing situation are designed, constructed or maintained comply with the applicable provisions of the above-referred-to measures, including any required proof thereof.

§ 105-37 Appendixes.

The appendixes attached hereto are hereby made a part of this part and the Land Use Code of which these Building and Sanitary Regulations are a part and shall be deemed applicable thereto as specifically hereinafter provided for.

§ 105-38 General exterior and structural considerations.

A. 
Any parcel of land, building, structure, use or appurtenant system within the Town shall be maintained and used in a state and manner conducive to the health, well-being, economic stability and good appearance of the community and consistent with the objectives of the Town Plan.
B. 
All buildings shall be maintained so that adequate protection from the elements is provided and so that all structural members are protected from unnecessary deterioration.
C. 
All buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject without unsafe deformation or movement of the building or of any structural part.
D. 
Siding, roofing, chimneys, window and door frames, porches and steps will be maintained in an adequate state of repair so as not to be hazardous or create a nuisance.

§ 105-39 Health and safety considerations.

A. 
It shall be prohibited to accumulate or store any highly flammable or explosive matter or refuse liable to spontaneous combustion within the habitable area of any dwelling unit or in any location that would pose a threat to the safety of the occupants thereof.
B. 
Yards, walkways, steps, driveways and parking areas shall be maintained in good repair and so as to afford safe passage under normal use and weather conditions. These areas shall be kept free of physical hazards which are unsightly, noxious, create a hazard to visibility or are detrimental to health or safety. Fences and other minor constructions shall be maintained in a safe and substantial condition.
C. 
No stagnant pool, pond or other collection of water shall be permitted in a location or of a nature where it poses a threat to the safety and well-being of residents of the community, except where such is part of a natural or required drainage system and where appropriate precautions are instituted to preclude accidental entry.
D. 
All existing water supply and sanitary sewage disposal systems shall be maintained in a sanitary and operable condition and shall not pose a threat to the health and well-being of any user thereof or to the community. Any such water supply system found to be contaminated or sewage disposal system found to be inoperable or otherwise posing a threat to the public health or a contamination hazard shall be improved according to the applicable standards elsewhere set forth in this part.
E. 
In addition, the following health-related considerations shall be applicable:
(1) 
Temporary residences and mass gatherings shall be subject to the applicable requirements of Part 7 of the New York State Sanitary Code as therein regulated by the New York State Department of Health.
(2) 
Food service establishments shall be subject to the applicable requirements of Part 14 of the New York State Sanitary Code as therein regulated by the New York State Department of Health.
(3) 
Nothing herein shall waive the right to investigation and remedy of any nuisance which may affect life and health in accord with the applicable provisions of Part 8 of the New York State Sanitary Code as therein provided for by the New York State Department of Health.

§ 105-40 Unsafe and substandard structures and installations.

A. 
Any unsafe or hazardous building, structure or installation, including any dilapidated dwelling unit no longer suitable for human habitation, shall be improved to a satisfactory condition or be demolished and/or removed in accord with the process stipulated below.
B. 
If the owner, occupant, tenant or lessee of an unsafe, hazardous building or dilapidated dwelling unit has not complied with the direction of the Enforcement Officer to correct or remove such condition within a thirty-day period, an inspection of the premises will be made by the Enforcement Officer and at least two qualified experts (builder, engineer or architect), one representing and appointed by the Town Board and one representing and acting on behalf of the responsible party. In the event of refusal or neglect of the person so notified to appoint such inspector, the Town Board shall name two independent inspectors to make the evaluation and report.
C. 
This inspection team shall file its report with the Town Board within 30 days from the time it is directed to carry out such inspection. Upon receipt of a report from the inspection team, the Town Board may petition a court of competent jurisdiction and take whatever other action is necessary to have the premises in question declared a public nuisance and to have the same improved or demolished and/or removed.
D. 
Nothing in the foregoing shall restrict the Town from summarily improving or demolishing and/or removing any building, appurtenant system, structure, installation or situation where an immediate and continuous danger to the public health, safety or well-being is present.
E. 
The cost of any repairs, improvements, demolition or removal carried out by the Town may be assessed against the real property upon which such cost was incurred as a municipal lien. Any part of the building, structure, system or materials demolished or removed may be salvaged and sold, the proceeds of which shall be credited against the cost of demolition or removal, and any balance above such cost shall be deposited and held secure for that responsible party when a final settlement and disposition is made.

§ 105-41 Refuse disposal.

A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse, and all disposal practices will be in accord with the requirements identified herein.
B. 
No person shall use any of the lands within the Town of Colton as a dump, disposal or collection area or sanitary landfill; nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on such lands any waste material or rubbish, litter or any nauseous or offensive matter, nor dispose or attempt to dispose of any such materials or substances by burying the same on such lands, except at such location and in such manner as established by the Town.
C. 
No person shall deposit or cause to be deposited any substance of any kind on premises established as a public disposal or collection area or sanitary landfill in the Town, except of the type, at the places and in the manner described by the person in charge of the premises, if such a person be so designated, under the authority of the Town Board, or by a sign or signs erected upon the premises by the authority of the Town Board.
D. 
No person shall deposit or cause to be deposited on premises established as a public disposal or collection area or sanitary landfill in the Town any substance of any kind which originally was collected from outside of the Town of Colton, except after application for and issuance of such permit as the Town Board may require.
E. 
No person who does not reside or own real property in the Town of Colton may deposit or cause to be deposited any substance of any kind on the premises established as a public disposal or collection area or sanitary landfill in the Town, except as by agreement with the Town after application for and issuance of any permit required by the Town Board.
F. 
Any incineration or burning of refuse of any kind shall take place only in compliance with any applicable state requirements therefor.
G. 
This section shall not prohibit or restrict the spread of manure as part of a normal agricultural, gardening, horticulture or lawn-care operation but shall preclude and prohibit the storage or stockpiling, under normal conditions, of such animal wastes within 300 feet of any residential dwelling unit or principal structure other than on the premises in question.
H. 
This section shall not prohibit the burying of dead farm or domestic animals previously kept on the premises on private property so long as such does not pose a threat to the health and well-being of adjoining landowners or the community.

§ 105-42 Air, noise and water quality considerations.

[Amended 8-20-2025 by L.L. No. 4-2025]
A. 
No existing building, structure or use of land or water shall be undertaken or continued in such manner so as to create or sustain a nuisance or otherwise affect in a detrimental and objectionable manner the air quality, noise levels, light and illumination levels, water quality, or general quality of life currently witnessed in and characteristic of the Town.
B. 
No objectionable dust, dirt, smoke, gas, fumes, vapor or other form of air pollution shall be generated or emitted which will significantly interfere with or reduce the present air quality of the Town or pose a hazard or nuisance to persons, property or vegetation.
C. 
No recurring noise, vibration, electrical interference or other form of noise pollution shall be generated which will significantly interfere with or lessen the peaceful enjoyment of adjoining and neighboring property owners, as measured at the property line of any such noise, vibration or interference-producing use.
D. 
No pollutant, noxious or offensive matter, soil erosion or other form of water pollution shall be allowed to be discharged, runoff to, or enter any stream or body of water in the Town in such manner as to significantly interfere with or reduce the quality of water in such stream or water body.
E. 
No recurring light, illumination, light nuisance, or pollution shall be generated which will significantly interfere with or lessen the peaceful enjoyment of adjoining and neighboring property owners, as observed at the property line of an aggrieved neighbor.
F. 
No permit or certificate for any building, structure or use will be issued except where such is in compliance with the foregoing provisions of this section. Where an existing use is alleged to be in violation of the provisions of this section, the Planning Board will make a determination with respect thereto in accord with the appropriate provisions of Appendix C of this chapter.[1]
[1]
Editor's Note: Appendix C, Development Considerations, is attached to this chapter.

§ 105-43 Site improvement considerations.

A. 
The alteration of any major landform shall not be initiated unless a building/use permit has been issued therefor. No excavation, fill or rearrangement of the natural contour of the land as herein defined shall be permitted, except in accord with the standards of this part and as elsewhere regulated under this chapter.
B. 
No on-site surface water or groundwater drainage system in connection with the construction or alteration of any building, structure or natural landform shall be located or constructed in such manner as to intensify runoff in an unacceptable manner, pollute or cause erosion on adjoining properties. Surface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds or pools. Surface drainage shall be conveyed to an existing system of stormwater disposal where available, and all surface drainage shall be designed so as not to discharge onto walkways, the roadway or adjacent property in such a manner as to create a nuisance or hazard.
C. 
Any person who shall construct, create or install an entrance, road, drive or similar entryway to a public roadway in the Town shall first obtain authorization of the proper authority having jurisdiction thereof. Before issuance of any permit, the Enforcement Officer or appropriate highway authority shall determine the requirements for proper flow of surface drainage and whether the proposed provision therefor is adequate. Where required by the Enforcement Officer, a corrugated metal or reinforced concrete conduit of a length and diameter as may be necessary, but at least a minimum of one foot in diameter and 20 feet in length, to adequately accommodate surface runoff along such public roadway shall be installed at the applicant's expense so as to ensure the unimpeded flow of surface drainage through such conduit.
D. 
No building, structure or installation shall be located or constructed and no site alteration made so as to alter any shoreline in the Town without a building/use permit therefor. All construction on any shoreline lot shall be carried out in a manner so as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize the runoff of surface water into the waterway, and to remove only that vegetation which is necessary to the accomplishment of the project.

§ 105-44 Flood hazard area requirements.

A. 
Flood hazard areas shall be as delineated on the Zoning Map(s) representing the area so classified on the Flood Hazard Boundary Maps prepared by the Federal Insurance Administration of the United States Department of Housing and Urban Development and incorporated within the Land Preservation (LP) Overlay District of Part 3, Zoning Regulations.
B. 
All proposed construction, installation, alteration or replacement of any structure or appurtenant system or alteration of any shoreline or major landform in the Town will be reviewed to determine that such undertaking is consistent with the objectives of this part, the proper management of the flood hazard areas and any floodplain management programs affecting the Town. No such activity will be permitted, except in such manner and according to such restrictions as may be reasonably necessary, where it would have a deleterious effect on the proper management of any flood hazard area in the Town or be otherwise contrary to standards established in this part.
C. 
No building, structure, installation, construction or alteration of any shoreline or major landform will be located or initiated in any area of the Town in such manner as to jeopardize the safety, health or welfare of the occupants or users thereof.
D. 
No building, structure, installation, construction or alteration of the shoreline or major landform in any area of the Town shall be so located or constructed as to interfere with or diminish the effective carrying capacity, increase flood-stage elevation or flood velocities of any stream or its related floodway in the Town.
E. 
Construction, installation, alteration or replacement of any structure or appurtenant system in any area of the Town designated as a flood hazard area shall be flood-resistant, and, further, all construction methods and practices connected with the location, building or installation of the same will be carried out in such manner as to minimize potential flood damage.
F. 
Any new or replacement water supply or sanitary sewage disposal system located in any area of the Town designated as a flood hazard area shall be so designed as to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters. All such systems shall be located and constructed as to avoid their impairment, contamination to them, or contamination of any floodwaters.
G. 
All subdivisions or other major developments shall be reviewed to determine that they are consistent with the purpose and intent of this part, the proper management of the flood hazard areas in the Town and any floodplain management programs affecting the Town. In particular, all public facilities and utilities such as sewer, gas, electrical or water systems shall be so located, elevated and constructed as to minimize or eliminate flood damage and all storm runoff, surface and building drainage will be so designed as to minimize its effect on the flooding potential and its exposure to flood hazard.
H. 
Construction, installation, alteration or replacement of any structure or appurtenant system in any area of the Town designated as a flood hazard area shall be so designed and anchored as to prevent the flotation, collapse or lateral movement of same, or any portion thereof, due to flooding.
I. 
All applications for construction, installation, alteration or replacement of any structure or appurtenant system in any flood hazard area shall be accompanied by appropriate documentation, including certification by a licensed professional engineer or registered architect where required, that the proposal is consistent with the performance standards of this part and that, in particular, the following measures are adequately provided for in relation to the site and a potential one-hundred-year flood:
(1) 
Anchorage is sufficient to resist flotation and lateral movement.
(2) 
Reinforcement of walls and provision for relieving hydrostatic water pressure on external walls and basement floors is sufficient to resist water pressures.
(3) 
Installation of any pumps to lower water levels in the structure and the absence of gravity-flow drains has been adequately considered.
(4) 
Elevation of the lowest floor for all structures and their service equipment is at least one foot above the 100 year flood level, as such level has been established by the United States Department of Housing and Urban Development.
J. 
The Town may, where it deems advisable, request that any or all of the pertinent requirements and standards for floodproofing, as set forth in the manual entitled "Flood Proofing Regulations," prepared by the Office of the Chief of Engineers, United States Army, revised December 1995, be established as a guide in any proposal for building construction, equipment location or utility installation and that compliance to such standards be certified by a licensed professional engineer or registered architect.

§ 105-45 Water supply.

A. 
Potable water from an approved source shall be available at all times in all residential buildings and dwelling units and in every building in which plumbing fixtures are installed. Water supply systems shall be installed and maintained so as to provide a supply of water to plumbing fixtures and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.
B. 
Connection shall be made to the public water supply system for all new construction within any established Town water district or where such can be reasonably extended or expanded to serve the proposed use in every building in which plumbing fixtures are installed. Such connections shall be at the applicant's expense according to the requirements of this part and at the direction of the Enforcement Officer in accord with any existing Town requirements pertaining to such connections, installations and the use of such public system. Any alteration in the source, storage, treatment or distribution of a public or community water supply system shall be submitted to and approved by the New York State Department of Health in accord with the applicable requirements of Part 5 of the State Sanitary Code.
C. 
No new or altered individual water supply system shall be allowed except upon application for and issuance of a permit under this part. Any such system shall be so located, constructed and maintained as to ensure an adequate supply of potable water at all times and to preclude any likely contamination. In particular, any individual water supply system shall be designed and approved according to the standards set forth in the current edition of the New York State Department of Health bulletin promulgated in accord with Appendixes 75-A, Wastewater Treatment Standards - Residential On-Site Systems, and 75-B, Individual Water Supplies - Treatment Systems, of the State Sanitary Code and according to the following provisions of this part.
D. 
Any individual water supply system shall be located not closer than 150 feet to any seepage pit, 100 feet to any tile field, 50 feet to any septic tank, 25 feet to any roadway right-of-way or open ditch or natural drainageway, and 10 feet to any lot line other than a roadway right-of-way.
E. 
No individual water supply system shall be so located as to intersect a public sewer, water or other underground utility line.
F. 
The top of any well casing shall terminate not less than 1 1/2 feet above finished grade level or any pump house floor, which floor shall be appropriately drained, except that any such casing shall be not less than two feet above any established 100 year flood stage elevation.
G. 
Construction of the well shall seal off, insofar as is practicable, water-bearing formations that are or may be polluted. No unsealed opening shall be permitted to exist in or around the well casing, and where any such opening is provided in the casing, a pit-less adapter will be used to seal such opening.
H. 
Before being put into use, the well shall be tested for yield and drawdown for at least four hours' duration. The test pump shall have a capacity at least equal to the pumping rate at which it is expected the well will be pumped during its usage. The test pump shall be installed to operate continuously until the water level has stabilized and, at this point, the yield and drawdown determined. Periodic water level observations shall be made during the drawdown and subsequent recovery periods. A minimum sustained well yield of five gallons per minute shall be obtained or equivalent storage capacity provided.
I. 
The well shall be pumped until clear and then properly disinfected, after which the well water shall be tested for purity and certified potable before its connection to the plumbing system.
J. 
Temporary capping of the well until the pumping equipment is installed shall be such that no pollutant can enter the well. Pump and pumping equipment shall be of a type and so installed as to allow for the proper and sanitary operation of the water supply system.
K. 
An abandoned well shall be appropriately filled and sealed in such a manner as to avoid accidents and to prevent it from acting as a channel for pollution of water-bearing formations.

§ 105-46 Sanitary sewage disposal.

A. 
Plumbing fixtures conveying sanitary wastes shall be drained to a sanitary sewerage system, and such system shall be connected to a public sewer or to an adequate and approved private system of sewage disposal.
B. 
Connection shall be made to the public sewage disposal system for all new construction within any established Town sewer district or where such can be reasonably extended or expanded to serve the proposed use in every building in which plumbing fixtures designed to receive sanitary wastes are installed. Such connections shall be at the applicant's expense, according to the requirements of this part and at the direction of the Enforcement Officer in accord with any existing Town requirements pertaining to such connections, installations and the use of the public system.
C. 
No commercial or industrial wastes, stormwater or surface drainage or groundwater shall be discharged into any public or community sanitary sewer system without prior written approval of the Enforcement Officer in consultation with the Superintendent of Public Works in accord with any existing requirements of the Town or sewer district.

§ 105-47 Amendment.

A. 
The Town Board may on its own motion, on petition, or on recommendation of the Planning Board or Board of Appeals amend this part pursuant to the applicable requirements of law.
B. 
All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and a recommendation thereon. The Planning Board may submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.
C. 
Any proposed amendment governed by § 239-n of the General Municipal Law shall be referred to the St. Lawrence County Planning Board and, upon approval by the Adirondack Park Agency of the Town's local land use program or the portion of such program embodied by this part, any proposed amendment will be referred to the Adirondack Park Agency in accord with the procedure identified under § 105-49 below.
D. 
Before any amendment, there shall be a public notice and hearing thereon as provided by law.
E. 
After the public hearing, and referral to and any report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this part.

§ 105-48 Public hearings.

A. 
A public hearing shall be required prior to action on any amendment or variance considered under this part.
B. 
The Town Board shall hold any public hearing in consideration of any amendment to this part in accordance with the applicable provisions of law.
C. 
The Board of Appeals shall hold any public hearing in consideration of a request for any variance in accordance with the procedures set forth in Appendix A of this chapter[1] and the applicable provisions of law. In addition, the Board of Appeals may, at its discretion, hold a public hearing in the consideration of any other matter within its jurisdiction, including a request for interpretation or extension of time which it has been delegated to consider under this part.
[1]
Editor's Note: Appendix A, Board of Appeals, is attached to this chapter.
D. 
Public notice of any required public hearing will be advertised in a newspaper of general circulation in the Town at least five days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.
E. 
The instrument of the Town responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify, by certified mail or other acceptable means, adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.
F. 
The hearing shall be conducted in accord with any bylaws or guidelines governing or established by the appropriate board and any guidelines established by the presiding officer for consideration of the matter at hand. Any person or party of interest may appear in person or by authorized representative or counsel and shall be given an opportunity to be heard as it is relevant to the proceeding.
G. 
Pursuant to § 239-nn of the General Municipal Law, notice shall be given by mail or electronic transmission to the clerk of an adjacent municipality at least 10 days prior to any such hearing relating to:
(1) 
Issuance of a special use permit or granting of a use variance for property within 500 feet of the adjacent municipality;
(2) 
Site plan review and approval on property that is within 500 feet of the adjacent municipality; or
(3) 
Subdivision review and approval on such property within 500 feet of the adjacent municipality.

§ 105-49 Required referrals.

A. 
Upon receipt of application for preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats already filed in the office of the County Clerk, such plats shall be referred to the County Planning Board if the plat applies to real property within 500 feet of the following:
(1) 
The boundary of any city, village, or town; or
(2) 
The boundary of any existing or proposed county or state park or other recreation area; or
(3) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(4) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(5) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(6) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
B. 
Thirty-day review. The County Planning Board shall have 30 days after receipt of a preliminary plat or proposal to develop an undeveloped plat, or such longer period as may have been agreed upon by the County Planning Board and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the County Planning Board fails to report within such period, the Town Planning Board may take final action on the referred plat without such report. However, any County Planning Board report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Town Planning Board, shall be subject to the provisions of extraordinary vote.
C. 
At such time as this part may become part of an approved local land use program for the Town under the Adirondack Park Agency Act, any amendment or variance and all matters deemed to have a regional impact and classified as either Class A or Class B Regional Projects shall be referred to the Adirondack Park Agency in accord with the provisions for the administration of an approved local land use program as set forth in Appendix E of this chapter.[1] Until such time as this part becomes part of an Adirondack Park Agency approved program, the Town will administer the Building and Sanitary Regulations as herein provided and will notify any applicant of the need to comply with all applicable requirements of the Adirondack Park Agency Act.[2]
[1]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
[2]
Editor's Note: See Article 27 of the Executive Law.

§ 105-50 Enforcement and violation.

A. 
Enforcement. This part shall be enforced by a person, hereinafter called the "Enforcement Officer," designated by the Town Board, who shall in no case grant any permit or certificate where any proposed project or installation would be in violation of any provision of this part. The Enforcement Officer shall establish such procedure and make such inspections as are necessary to carry out his duties in the administration and enforcement of this part. Further, the Enforcement Officer shall prepare and submit a written record and report of all official actions, including permits and certificates issued and denied, to the Town Board on a monthly basis or as otherwise directed by the Town Board with copies transmitted to the Planning Board and Board of Appeals.
B. 
Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Enforcement Officer a written, signed complaint against any alleged violation of this part. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report thereon to the Town Board in a timely manner, which report shall be filed and be part of the public record of the Town.
C. 
Notification and correction. Any construction, improvement or installation determined to have been maintained, located, created or expanded which does not comply with this part shall be so recorded by the Enforcement Officer and a report thereof filed with the Town Board. The Enforcement Officer, at the direction of the Town Board, shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If within this thirty-day period application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed-upon timetable and to the satisfaction of the Town Board, the Town Board shall instruct the Town Attorney to institute proceedings to compel compliance and assess such penalties in accord with the provisions hereinafter set forth for the violation of this part.
D. 
Violations and penalties shall be as follows:
(1) 
Any person or persons who are responsible for any acts contrary to the provisions of this part and who have not complied with the direction to remedy such noncompliance as provided for above shall be guilty of the violation of this part and, upon conviction therefor, shall be subject to the penalty provided hereinbelow.
(2) 
Any person or persons who violate or cause to be violated any provision of this part shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each such violation, and every week, seven days, that said violation continues shall constitute a separate and additional instance of violation.
(3) 
In addition to the above-provided penalty 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 the violation of, this part.

§ 105-51 Appeal and court review.

A. 
Appeal. All appeals for relief from the application of this part in matters of interpretation or request for variance shall be directed to the Board of Appeals, whose duties and procedure for consideration of appeal are as set forth in Appendix A of this chapter.[1] Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with this part, it may vary the Building and Sanitary Regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this part or the Town Plan. In granting such variance, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.
[1]
Editor's Note: Appendix A, Board of Appeals, is attached to this chapter.
B. 
Court review. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board, Board of Appeals, Town Board or any official instrument of the Town in the administration of this part, may apply to have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the office of the Town Clerk. Costs shall not be allowed against the Town unless it appear to the Court that the Town or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.

§ 105-52 Interpretation and effectuation.

A. 
Interpretation. Terms and words used herein are defined in Appendix D of this chapter.[1] In their interpretation and application, the provisions of this part shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare, and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Town require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this part. Whenever the requirements of this part are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standard shall govern.
[1]
Editor's Note: Appendix D, Definitions, is attached to this chapter.
B. 
Severability. The invalidity of any provision of this part shall not invalidate any other provision thereof.
C. 
Invalidity. No approval, permit or certificate authorized or granted by an official instrument of the Town in contradiction to the provisions of this part shall vest any rights or interest to the recipient irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the Town be liable for same under any such invalid authorization.
D. 
Liability. Nothing in this part, including the issuance of a building/use permit, certificate of compliance or operating permit, shall be construed to insure or in any way guarantee any building, structure, improvement or installation against defect, failure or other shortcoming, and the Town shall not be liable for same.
E. 
Fees. A schedule of fees for the administration of this part in consideration of an application for any building/use permit, certificate of compliance, operating permit, variance or amendment shall be as established by resolution of the Town Board.
F. 
Effective date; repealer. This Part 2, the "Town of Colton Building and Sanitary Regulations," shall become effective at the time and in the manner provided by law. The Interim Building Permit Ordinance for the Town of Colton, New York, and any other existing Town ordinances, statutes, resolutions, regulations or laws in conflict with this part shall be deemed repealed upon the effective date of Part 2.
G. 
Continuation. Nothing herein, however, shall be deemed to exempt or release any prior or current project or improvement from any requirements, stipulations or pending actions under the Interim Building Permit Ordinance for the Town of Colton, New York, or any other Town requirements in force and effect prior to the effective date of this part.