Highland Town City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 190-60 Building permits.
A.
General requirements.
(1)
No building, structure, addition or part thereof in any district shall be erected, constructed, reconstructed, restored or structurally altered without first having obtained a duly issued building permit, upon written application by applicant to the Code Enforcement Officer. No building permit shall be issued unless the proposed construction and use are in full conformity with all of the following provisions of this chapter and a road access permit is obtained if entry to a public road is involved.
(2)
Any change in the nature of use or intensification of use of an existing building and/or any change in use or intensification of use of a nonconforming use shall also require a building permit.
(3)
Any building, structure or portion thereof that is to be taken down, removed, relocated or demolished shall not be taken down, removed, relocated or demolished without applicant first filing for and obtaining the appropriate permit from the Code Enforcement Officer.
(4)
No building permit or other type of permit shall be issued by the Code Enforcement Officer if there are any violations of any code, law or regulation against the subject premises, except if the building permit to be issued is to correct the violation in question.
B.
Additional requirements for building permits; certificates of compliance.
(1)
Structures that require a certificate of compliance. Every application for a building permit shall be accompanied by the required fee as established by the Town Board. Also required is:
(a)
A plot plan acceptable to the Code Enforcement Officer or survey prepared by a licensed land surveyor.
(b)
Complete architectural drawings drawn to scale, and a complete set of specifications.
(c)
Code Enforcement Officer may require architectural drawings and specifications signed and stamped by a licensed professional engineer.
(2)
Structures that require a certificate of occupancy. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.
(3)
Towers and windmills. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required unless requested by the Code Enforcement Officer.
(4)
A survey or plot plan drawn to scale is also required for second-story additions even if there is no change in the first-story footprint of the building or structure. All surveys or plot plans shall include the following:
(a)
The actual shape, dimension, radii, angles and area of the lot on which the building, structure or addition is proposed to be erected or of the lot on which it is situated if an existing building or structure.
(b)
The section, block and lot numbers as they appear on the latest assessment records.
(c)
The exact size and location on the lot of the proposed building, structure or addition and/or the alteration or renovation of an existing building or structure on the same lot.
(d)
The dimensions of all yards and setback lines in relation to the subject building, structure or addition and the distance between same and any other existing buildings or structures on the same lot.
(e)
The existing and intended use of all buildings and/or structures existing and proposed, the use of land and the number of dwelling units, if any, the building or structure is designed to lawfully accommodate.
C.
No building permit shall be issued by the Code Enforcement Officer for any building or structure, new or existing, where the site plan of such building, structure or addition is subject to approval of the Planning Board, except in full conformity with the approved plans and written conditions set forth by the Board, if any.
D.
Four copies of the building permit application and all supporting documentation, including the construction plans, survey, plot plan and site plan are to be filed with the Code Enforcement Officer. On issuance of a building permit, the Code Enforcement Officer shall:
(1)
Return one copy of all filed and approved documents to the applicant/owner within 72 hours of issuance.
(2)
Forward one copy of all filed and approved documents to the Tax Assessor's office within 72 hours of issuance.
(3)
Forward one copy of all filed and approved documents to the Town Clerk's office within 24 hours of issuance.
(4)
Open and maintain a building permit file/folder in the Code Enforcement Officer's office, filing same under the Sullivan County Tax Map number, placing the final copy of all filed and approved documents along with all his notes and any other pertinent data and paperwork therein.
(5)
Any further amendments, interpretations, decisions or changes, in addition to the originally submitted and approved (or disapproved) documents, including, but not limited to, the constructions plans, survey or plot plan and site plan shall also be submitted in four copies and shall be distributed in the same manner as specified in Subsection D(1), (2), (3), and (4), above, of this section.
(6)
The "appeal" time of any determination, interpretation or other administrative act or decision made by the Code Enforcement Officer shall not commence, or start, unless or until said determination, interpretation or other administrative act or decision has been duly filed with the Town Clerk, in writing, as specified in Subsection D(3), above, of this section.
E.
The Code Enforcement Officer shall, within 10 days after the filing of a complete and properly prepared application, including Planning Board, Zoning Board of Appeals and/or any other governmental agency approval if necessary, issue a building permit. If said building permit is denied, the Code Enforcement Officer shall state in writing to the applicant the reason(s) for such denial. A copy of said denial shall also be forwarded to all parties as defined in this section.
F.
Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed and a final certificate of occupancy issued within 18 months from such date. Said building permit then becomes null and void, and no further work is to be undertaken unless or until a new building permit is issued and the appropriate fee, which shall be half of the original fee, is paid. Such renewal shall be for an additional 18 months. If the building has not been completed and a final certificate of occupancy issued after this first renewal period, then any subsequent renewal will require payment of another permit fee, which shall be according to the fee schedule then in force, and a new application for a building permit must be filed, updated to comply with all building codes then in effect.
G.
On small lots, where a required yard setback is not readily apparent, upon completion of the foundation of a new building or addition to an existing building, applicant shall file with the Code Enforcement Officer an accurate survey signed by a licensed engineer or land surveyor. Said survey is to show the exact location of such foundation with all yard setbacks indicated to scale. If said survey indicates any setback violations, the Code Enforcement Officer is to stop the job and take immediate steps advising applicant/owner to correct said violation or to apply to the appropriate Board for relief of same. No further work is to be allowed unless or until all violations have been removed or the appropriate relief is granted.
H.
On lots located in designated floodplains, either in whole or in part, a floodplain area development permit shall be necessary prior to any development on said lot.
§ 190-61 Certificate of occupancy and other certificates.
A.
The following shall be unlawful until a certificate of occupancy and/or other appropriate required certificates shall have been applied for in writing and issued by the Code Enforcement Officer.
(1)
Occupancy and use of a building, structure, or addition to same that is erected, constructed, reconstructed, restored, structurally altered, moved or relocated.
(2)
Any change in use or intensification of use of an existing building or use.
(3)
Any change in use or intensification of use of a nonconforming building or use.
B.
On a form furnished by the Code Enforcement Officer, application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building, structure or part thereof has been completed in conformity with the provisions of this chapter and all other applicable codes, laws or regulations in effect at that time.
(1)
In the case of a new building, said application shall be accompanied by a final survey signed by a licensed engineer or land surveyor, indicating that there are no violations of the Area and Bulk Regulations.[1]
[1]
Editor's Note: Schedule 1: Area and Bulk Regulations is included as an attachment to this chapter.
(2)
In the case of an addition to an existing building, said application shall be accompanied by a final survey signed by a licensed engineer or land surveyor, indicating that there are not violations of the Area and Bulk Regulations, or, if no such survey is available, it shall be accompanied by a final plot plan drawn to scale by the applicant, signed and duly notarized that there are not violations of the Area and Bulk Regulations. However, in the event only a plot plan is submitted, the Code Enforcement Officer shall verify and sign that he also has personally checked or measured and finds no apparent violations of the Area and Bulk Regulations.
(3)
In the case of work that includes electrical wiring, the final electrical inspection by an electrician licensed in the County of Sullivan and certified in the categories of "General," "One- and Two-Family Dwellings" and "Plan Review" must be on file.
(4)
In the case of a well, a copy of the NYSDEC water well log and a copy of the water test must be on file.
(5)
In the case of a septic system, a letter from an engineer saying it was built to specifications must be on file.
(6)
In the case of a new home, the official 911 number must be posted and all required paperwork must be on file prior to granting a certificate of occupancy.
C.
Said certificate of occupancy shall be issued by the Code Enforcement Officer within 10 days of all requirements having been met and distributed as indicated herein. If the certificate of occupancy is denied, the Code Enforcement Officer shall state the specific reasons for his denial, in writing, quoting the section of this chapter which prevents the issuance of said certificate, and is to distribute this denial as indicated herein.
D.
Every application for a certificate of occupancy or other required certificates shall be accompanied by a fee, if any, as established by the Town Board. No temporary or conditional certificate of occupancy are to be issued by the Code Enforcement Officer without authorization of the Town Board.
E.
A record of all certificates of occupancy and/or any other required certificates shall be kept on file by the Code Enforcement Officer and copies shall be furnished on request to any Town Official.
F.
Any person having a proprietary or tenant interest in any building, structure, land or use may obtain a duplicate copy of the original certificate of occupancy or any other required certificates issued on any land by paying the appropriate fee, if any, as set by the Town Board.
G.
Letter in lieu of a certificate of occupancy. Upon written application by the owner and payment of the appropriate fee, if any, as set by the Town Board, the Code Enforcement Officer shall inspect all buildings and structures on the premises to determine that they are built prior to the Zoning Law adopted April 15, 1985.
(1)
If all of the buildings and structures were, in the judgment of the Code Enforcement Officer, built prior to that date, he may issue a letter in lieu of a C/O accordingly.
(2)
If in the judgment of the code Enforcement Officer it appears that certain buildings, structures or portion thereof were built after that date, said letter in lieu of a C/O shall not be issued unless or until the appropriate building permit and certificate of occupancies are issued for that, or those, buildings, structures or portions thereof. All codes, laws and regulations in effect at this time shall be complied with.
(3)
A separate letter in lieu of a C/O shall be required for each and every building or structure on the premises.
(4)
Any letter in lieu of a C/O issued shall be distributed as provided herein.
(5)
No final certificates shall be issued by the Code Enforcement Officer where there are any outstanding violations of any code, law or regulation against said premises.
§ 190-62 Duties of Code Enforcement Officer.
A.
The Code Enforcement Officer shall be appointed by the Town Board at its organizational meeting each year and shall have the authority necessary to carry out the duties of that office, as follows:
(1)
To strictly administer and enforce the provisions of this chapter, as written, including any future amendments thereto.
(2)
To make inspections of buildings, uses or premises; to issue violation notices when appropriate; to issue the appropriate stop-work orders when appropriate; to investigate any and all complaints, and to issue building permits, certificates of occupancy and any or all other appropriate certificates when necessary to do so, including, but not limited to, well permits and final certificates, septic permits and final certificates, sign permits and any other permits and/or certificates that are authorized by this chapter.
(3)
To issue appearance tickets/summonses.
(4)
To file criminal information with all necessary backup required.
(5)
To commence actions in a court of competent jurisdiction for injunctive or other relief as is appropriate in any given case.
(6)
The Code Enforcement Officer or his duly authorized assistant shall have the right to enter any building or enter upon any land for which a building permit is in effect, or required to be in effect, at any reasonable hour as necessary in the execution of their duties, provided that:
(a)
The Code Enforcement Officer shall notify the owner before conducting any inspection, whenever possible.
(b)
The Code Enforcement Officer or their duly authorized assistant shall, upon commencing an inspection, display identification signed by the Town Clerk.
(c)
Inspection should be commenced in the presence of or by permission of the owner or their duly authorized representative.
(7)
The Code Enforcement Officer shall maintain daily files of:
(a)
All applications for building permits.
(b)
All building permits whether issued or not.
(c)
All construction plans or sketches that were submitted with each application.
(d)
All applications that were submitted for a final certificate of occupancy or other certificates.
(e)
All certificates of occupancy or other certificates.
(f)
All daily administrative acts, orders, requirements, decisions, determinations, interpretations, denials or appeal in any given case.
(g)
All written correspondence whether incoming or outgoing, inter- or intraoffice memorandum, and/or all other pertinent documents involving an administrative act, order, requirement, decision, determination, interpretation, denial or appeal in any given case.
(8)
The Code Enforcement Officer shall also maintain daily records of each and every complaint of a violation of the provisions of this chapter or any other code, law or regulation that he is charged with administering and enforcing, along with the action taken by him as a result of receiving such a complaint.
(9)
The Code Enforcement Office shall submit to the Town Board a written monthly report of all building permits and certificates of occupancy or all other certificates issued by him as well as a detailed report of what action was taken by him as a result of such complaints, and its current status.
(a)
Friday of each week, post a listing of any and all building permits or other permits issued for that week; any and all certificates of occupancy or other certificates issued for that week; any and all nonconforming letters issued for that week; any and all searches filed for and/or conducted for that week. Each individual entry shall include date of issue, identification number of said permit, certificate or search and the fee collected. This weekly listing is to be added to on a weekly basis and is to remain posted on the Eldred Town Hall Bulletin Board.
(b)
All fees or other monies collected by the Code Enforcement Officer shall be promptly turned over to the Town Clerk.
(c)
The Code Enforcement Officer shall turn in his mileage vouchers to the Town Clerk on a weekly basis.
(d)
The Code Enforcement Officer shall fill out an inspection slip for each daily inspection made by him, at the site of the inspection, on triplicate inspection forms. One copy is for the building permit file; the second copy is to be handed to the owner or his representative while on the site, or, posted on the site; the third copy is to be turned in to the Town Clerk at the end of each week with the weekly mileage vouchers.
(10)
The Code Enforcement Officer or his duly authorized assistant shall appear at all public hearings in which variances are heard as a result of his denial of a building permit; also when he is otherwise requested to do so by the Zoning Board of Appeals, Planning Board and/or the Town Board.
(11)
On a day-to-day basis, if the Code Enforcement Officer has any questions as to how he should proceed in any particular situation, he shall, in the absence of the Town Attorney or the Town Supervisor, contact the Chairman of the Town's Building Committee.
§ 190-63 Violations and penalties.
A.
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit, or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $1,000 or imprisonment for not more than one year for each offense, or both.
B.
The owner, general agent, or contractor of a building, premises, or part thereof where such violation has been committed or does exist shall be guilty of such an offense.
C.
An agent, contractor, architect, builder, corporation, or other person who commits, takes part, or assists in such a violation shall also be guilty of such an offense.
D.
Each and every day that such violation continues after notification that such a violation exists shall constitute a separate offense. Such notice shall be written by the code Enforcement Officer and shall be served by certified mail.
E.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
§ 190-64 Creation, appointment and organization of Zoning Board of Appeals.
A.
Establishment. Pursuant to the provisions of the Town Law, a Zoning Board of Appeals is hereby established in the Town of Highland.
B.
Appointment. The Board shall consist of five members to be appointed by the Town Board. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the members whose term or terms become vacant. Such appointment to fill vacancies shall be made in the same manner as the original appointment. The Zoning Board of Appeals may continue to legally operate while vacancies are waiting to be filled provided there are enough members to constitute a quorum.
D.
General grant of power. The Board shall perform all the duties and have all the powers prescribed by the laws of the State of New York and as herein described.
E.
Votes necessary for a decision. Three members of the Board shall, regardless of the number of members at a given point, be a quorum for the purposes of conducting any business. The concurring vote of three of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of the appellant any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
F.
Any member of this Board who misses three meetings in a row without having been excused by the Chairman is automatically dropped as a member of this Board.
G.
Any member of this Board who has not obtained the mandatory four hours of classes offered and recommended by the DPEM in the calendar year shall automatically be dropped as a member of this Board. However, if any member of the Board attends a class, while not recommended by the DPEM, which is approved by the Supervisor, that class shall be counted toward the four hours of classes. This training requirement is set by the New York State Department of State, in Chapter 662 of the Laws of 2006.
§ 190-65 Power and duties of Board of Appeals.
The Board shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following specific powers in regard to:
A.
Applications for variances. The Board may upon request vary or adapt the strict application of any of the requirements of this chapter where such strict application would result in particular difficulties or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.
B.
Applications for interpretations. The Board shall, upon request, decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
C.
Appeals from administrative decisions. The Board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the Code Enforcement Officer in administering this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter.
§ 190-66 Board of Appeals procedure.
A.
General procedures. All applications for variances or interpretations or appeals from administrative decisions made to the Board shall be in writing on forms prescribed by the Board or provided herein. Every application for a variance and/or interpretation and/or appeal shall refer by section number to the specific provisions of the law involved, and shall exactly set forth the variance, interpretation or appeal that is claimed, the present use and the use sought, the ground on which the Board should made a decision and any other pertinent detail, together with the fee prescribed by the Town Board. An appeal must be made 62 days of the action of the administrative official appealed from. The applicant must file a signed notice of appeal with the administrative official from whom the appeal is taken and with the secretary of the Zoning Board of Appeals. All information required thereon shall be complete before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the Board along with a fee to be established by the Town Board.
B.
Variance requirement. Any property owner, tenant or representative thereof may, in appealing an administrative decision of the Town of Highland with respect to this chapter, request a variance from its literal terms. Application for a variance may be made concurrently with application for a building permit and shall be delivered to the Code Enforcement Officer who shall then, on acting upon the permit application, refer the matter to the Zoning Board of Appeals for a decision on the variance request. This shall not, however, preclude an applicant whose permit request has been denied from subsequently requesting a variance in conjunction with an appeal of such action if the appeal has been timely filed. The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair or the fact that the property is unimproved shall not be deemed to make the plight of the property unique or to contribute thereto. Should any appeal involve a change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other Town or any boundary of a state park or parkway, a copy of the official notice of the public hearing shall be sent to the Town Clerk or the Commissioner of the Regional State Park Commission. Two types of variances may be granted by the Zoning Board of Appeals: area variances and use variances. Area variances involve relief from dimensional or other requirements for existing uses or uses allowed with the district under the terms of this article. Use variances involve a use of land or building not allowed in a district under the terms of this article. Each of the following findings of fact shall be made by the Zoning Board of Appeals prior to granting such variances.
(1)
Area variances.
(a)
The 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 such ordinance or local law, to grant area variances as defined herein.
(b)
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 the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board of Appeals shall also consider:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
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.
(c)
The 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.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
(b)
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
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;
[3]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, 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.
C.
The Town Board, Code Enforcement Officer or Planning Board of the Town of Highland may request the Zoning Board of Appeals to decide any question involving the interpretation of any provision of this chapter and shall refer such other matters to the Board as it is required to decide by the provisions of this chapter. The Board's rules and regulations shall govern these matters. All matters to be referred to the Zoning Board of Appeals in such circumstances shall be in writing to the Board's Secretary and be acted on within 62 days of the Secretary's receipt of the same. Any property owner, tenant, representative thereof or other person aggrieved by an administrative act of the Town of Highland with respect to this chapter (believing such decision to be in error) may appeal to the Zoning Board of Appeals. An administrative act shall include any order, requirements, decision or determination made by the Code Enforcement Officer. The Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the official(s) from whom the appeal is taken. The administrative official from whom the appeal is taken shall be responsible, at the direction of the Board, for providing any applicant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing said forms. All information required thereon shall be complete before an appeal is considered filed.
D.
Hearings.
(1)
Time of hearing. The Board shall schedule a hearing on appeals on applications within 62 days of filing an application for an appeal.
(2)
Notice of hearing. The Board shall give notice of the hearing at least five days prior to the date thereof by publication in the official Town paper. In addition, the applicant shall notify by certified mail at least seven calendar days before the hearing to the following: all owners of property which lie adjacent to that owned by the applicant and all other owners within 500 feet of the applicant's property line in any direction. The names of said owner shall be taken as they appear on the last completed tax roll of the Town.
(a)
Irrelevant or unduly repetitious evidence or cross-examination shall be excluded. Except as otherwise provided by statute, the burden of proof shall be on the party who initiated the proceedings. No decision, determination or order shall be made except upon consideration of the record as a whole or such portion thereof as may be cited by any party to the proceeding and as supported by an in accordance with substantial evidence. Unless other provided by any statute, the Board need not observe the rules of evidence observed by courts, but shall give effect to rules or privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, the Zoning Board of Appeals may, for the purpose of expediting the hearing, and when the interests of parties will not be substantially prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.
(b)
All evidence, including records and documents in the possession of the Zoning Board of Appeals, may be offered and made a part of the record, and all such documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated may be available for examination by the parties before being received in evidence.
(c)
A party shall have the right of cross-examination.
(d)
Official notice may be taken of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the Board. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could be taken, every party shall be given notice thereof and shall on a timely request be afforded an opportunity prior to the decision to dispute the fact of its materiality.
(3)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously heard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the heard order, decision or determination will not be prejudiced thereby. Requests for rehearing, however, shall be made within 30 days of the original order, decision of determination will not be prejudiced thereby.
(4)
Prior to the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Chairman of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Zoning Board of Appeals.
(5)
Should any action by the Zoning Board of Appeals involve any of the areas specified in §§ 239-l and 239-m of Article 12-B of the General Municipal Law, then such matter shall be referred prior to final action by the Zoning Board of Appeals to the Sullivan County Planning Department in accordance with that law.
(6)
Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board shall be by resolution and each such resolution shall be filed in the office of the Town Clerk by case number under one of the following heads: (1) Interpretation, or (2) Variances; together with all documents pertaining thereto. Regarding its decision in each case, the Zoning Board of Appeals shall notify the Code Enforcement Officer, Town Board, Town Planning Board, and the Municipal Clerk of any affected municipality given notice of hearing.
(7)
All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed. Said Board as a body of jurisdiction shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein.
(8)
Unless construction is commenced and diligently pursued within 12 months of the date of the granting of the variance, such variance shall become null and void, unless an extension is granted by the Zoning Board of Appeals in writing.
§ 190-67 Creation, appointment and organization of Planning Board.
A.
Establishment. Pursuant to the provisions of the Town Law, a Planning Board is hereby established in the Town of Highland.
B.
Appointment. The Board shall consist of five members to be appointed by the Town Board. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the members whose term or terms become vacant. Such appointment to fill vacancies shall be made in the same manner as the original appointment. The Planning Board may continue to legally operate while vacancies are waiting to be filled, provided there are enough members to constitute a quorum.
D.
General grant of power. The Board shall perform all the duties and have all the power prescribed by the laws of the State of New York and as herein described.
E.
Votes necessary for a decision. Three members of the Board shall, regardless of the number of members at a given point, be a quorum for the purposes of conducting any business.
F.
Any member of this Board who misses three meetings in a row without having been excused by the Chairman is automatically dropped as a member of the Board.
G.
Any member of this Board who has not obtained the mandatory four hours of classes recommended by the County Planning Board in the calendar year shall automatically be dropped as a member of this Board. However, if any member of the Board attends a class, while not recommended by the County Planning Board, which is approved by the Supervisor, that class shall be counted toward the four hours of classes.
§ 190-68 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued pursuant to law relating to the use or building structures, shelter or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises, or requires larger open spaces that are imposed or required by any other statue, ordinance, law, rule, regulation or permit, or by any easement or agreement, the provisions of this shall control.
§ 190-69 Enforcement.
The enforcement of this chapter shall be the responsibility of the Code Enforcement Officer, the Town constables, where applicable, the Town Board, and the court or courts of appropriate jurisdiction, including the Court of the Town Justice.