Hillsdale City Zoning Code
ARTICLE X
Administration and Enforcement
§ 245-71 General.
This chapter and related enactments shall be administered and enforced by the various boards and officials of the Town as indicated below.
A.
Town Board. The Town Board is responsible for:
(1)
Adopting this chapter, and all amendments thereto (rezoning), including the adoption of map changes and floating districts, as provided in Article XII;
(2)
Bringing legal action to enforce this chapter;
(3)
Appointing the Zoning Officer and the members of the Zoning Board of Appeals and the Planning Board;
B.
C.
Planning Board. The Planning Board is responsible for:
(3)
Granting special permits for new two-family, multifamily, and accessory dwellings, as provided in § 245-25;
(4)
Advising the Town Board on proposed zoning amendments;
(5)
Advising the Zoning Board of Appeals, if requested, on special permits and appeals;
(6)
Reviewing subdivisions under the land subdivision regulations.
F.
Review of actions. Final determinations of the Town Board, Planning Board, and Zoning Board of Appeals under this chapter may be reviewed only by a court of competent jurisdiction pursuant to New York State Law. Determinations under this chapter made by the Zoning Officer or the Building Inspector may be reviewed only by the Zoning Board of Appeals.
G.
Compliance with this chapter. No building permit or certificate of occupancy shall be issued by the Building Inspector, and no permit, approval, or license for any purpose shall be issued by any official of the Town if it would be in conflict with this chapter.
§ 245-72 Building permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No structure shall be erected or moved, nor shall any existing structure or land be changed in use until a building permit therefor has been issued by the Code Enforcement Officer. Building permits shall be issued in accordance with this section and the procedures in § 115-4 of this Code.
B.
All applications for building permits shall be made to the Code Enforcement Officer and accompanied by three copies of a plot plan drawn to scale and with accurate dimensions showing the location of all existing and proposed structures on the lot, applicable overlay zones, wetlands, slopes greater than 15%, and such other information as may be required by § 115-4 of this Code and the Code Enforcement Officer.
C.
No building permit application shall be processed unless the Code Enforcement Officer finds that:
(1)
All structures will be located on buildable land as defined in this Code.
(2)
The proposal set forth in the application complies with the use, area, and dimensional regulations, the requirements of applicable overlay districts, and all applicable supplementary regulations of this Code, as well as the terms and conditions of any approvals required under this Code.
(3)
All required reviews and actions have been performed and all necessary approvals have been secured.
D.
If the Code Enforcement Officer finds that the conditions in § 245-72C have been satisfied, the Code Enforcement Officer shall issue a building permit, provided that the following conditions have been satisfied:
(1)
All plans conform to the New York State Uniform Fire Prevention and Building Code and other applicable building regulations.
(2)
All water supply and sewage disposal facilities conform to the Columbia County Department of Health regulations, the New York Public Health Law, any applicable regulations of the New York State Department of Environmental Conservation, and the requirements of this Code.
(3)
All preconstruction conditions imposed have been satisfied.
(4)
In the case of a major project or a major subdivision, the following additional conditions must be satisfied:
(a)
All roads, sidewalks, and curbs, as shown on the approved subdivision plat or site plan, have been installed, and if they are to be dedicated to the Town, offered to the Town for dedication, and accepted by the Town.
(b)
All drainage easements, storm sewers, catch basins, and other drainage facilities, as shown on the approved subdivision plat or site plan, have been installed and, if they are to be dedicated to the Town, offered to the Town for dedication, and accepted by the Town.
(c)
All sanitary sewer lines, sewage disposal plants, water lines, water plants, wells, or other sources of water supply, as shown on the approved subdivision plat or site plan, have been constructed, and if they are to be dedicated to the Town, offered to the Town for dedication, and accepted by the Town.
(d)
All public or private recreational facilities as shown on the approved subdivision plat or site plan have been constructed, and certificates of occupancy, to the extent required for such facilities, have been issued.
(e)
At the discretion of the Town Board, and as an alternative to the completion of the improvements set forth in Subsection D(4)(a) through (d) above, a performance guarantee in the form of a bond, cash deposit, or other financial security may be furnished to the Town by the applicant. Such performance guarantee shall be sufficient to cover the full costs of such improvements, as estimated by the Planning Board or other appropriate municipal board or officer designated by the Planning Board. The Town Board may require that such performance guarantee be issued either by the applicant with security acceptable to the Town Board, or by a bonding or surety company approved by the Town Board. Such performance guarantee shall be approved by the Town Board as to form, sufficiency, and manner of execution, and shall run for a term not longer than three years, to be fixed by the Town Board. The term of such performance guarantee may be extended by the Town Board with the consent of the parties. In the event that any required improvements have not been installed as required by this Subsection D(4)(e) within the term of the performance guarantee, the Town Board may declare a default and collect the sum payable thereunder. Upon receipt of the proceeds of such performance guarantee, the Town shall install the required improvements, at a cost not to exceed the amount of such proceeds.
E.
Denial of permits. The Code Enforcement Officer shall not issue a building permit unless it meets the requirements of this section and the Code. If the Code Enforcement Officer finds that the applicant's proposed development does not meet the requirements of this Code, the building permit application shall be returned promptly to the applicant with a letter stating the deficiencies in the application. If the Code Enforcement Officer finds that the proposed development does not satisfy the requirements of this Code or of any other applicable laws or regulations, the building permit shall be denied.
F.
Public record. One copy of the layout or plot plan shall be returned to the applicant when approved by the Building Inspector, together with the building permit, upon payment of the required fee. One copy shall become a public record after a building permit is issued or denied, and one copy shall be filed in the Town Assessor's office.
G.
Posting. Building permits shall be issued in duplicate, and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed. No owner, contractor, workman, or other person shall perform any site work or building construction of any kind unless the required building permit is displayed.
H.
Revocation of permits. If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plot plan is in any material respect false or misleading, or that work is being done in violation of the provisions of the applicable building codes, ordinances, rules, or regulations, or in violation of this Code, or in an unsafe or dangerous manner, or if the permit was issued in error and should not have been issued, or that work is being done upon the premises in a way differing materially from that called for in the filed application, the Code Enforcement Officer may forthwith revoke the building permit and issue a stop-work order which shall be conspicuously placed on the affected premises. The person holding the building permit shall surrender both copies of the building permit to the Code Enforcement Officer. No owner, contractor, workman, or other person shall perform any further construction or site work of any kind after the posting of the stop-work order and notification that a building permit has been revoked.
I.
Expiration of permit. A building permit shall expire one year from the date of issuance if the applicant fails to substantially complete the construction authorized by the building permit. The building permit may be extended for up to one year by the Building Inspector for good cause.
§ 245-73 Certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Certificates of occupancy shall be issued in accordance with this section and the procedures in § 115-4 of this Code.
B.
All certificates of occupancy for new, altered, or expanded structures shall be applied for at the same time as the application for a building permit. A certificate of occupancy shall be issued within 10 days after the erection, alteration, or expansion is approved by the Code Enforcement Officer as complying with the terms of the building permit and all provisions of this Code.
§ 245-74 Penalties for offenses.
A.
Penalties. A violation of this chapter is an offense punishable by fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both. Conviction of a third or subsequent offense committed within a period of five years 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. Each week's continued violation shall constitute a separate additional violation.
B.
Inspection and notice of violation. In order to determine compliance with this chapter, the Zoning Officer is authorized to enter, inspect, and examine any building, structure, place, premises, or use in the Town of Hillsdale, and to issue a written order for remedy or compliance, within a reasonable period of time, of any condition found to be in violation thereof. He or she shall keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer, or employee of the Town, and such record shall show the disposition of all such violations.
C.
Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a signed, written complaint reporting such violation to the Zoning Officer. All such complaints must be in writing (unless the suspected violation threatens life, health, or safety, in which case the Zoning Officer or Building Inspector is authorized to act on an oral complaint) and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
D.
Abatement of violations. If any premises is in violation of this chapter, the Town Board or, with its approval, the Zoning Officer or Building Inspector, may institute an appropriate legal action or proceeding to prevent, restrain, correct, or abate such violation, to prevent the occupancy of the premises, or to prevent any illegal act, conduct, business, or use in or about such premises.
E.
Taxpayer action. Upon the failure or refusal of the Zoning Officer, Building Inspector or Town Board to institute an appropriate legal action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to do so, any three taxpayers of the Town residing in the district in which such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in the same manner as the Zoning Officer, Building Inspector or Town Board.
F.
Accountability. For every violation of the provisions of this chapter, the owner, agent, contractor, lessee, ground lessee, tenant, licensee, or any other person who commits, takes part, or assists in such violation or who maintains any structures or premises in which any such violation exists shall be punishable according to the provisions of this chapter.
§ 245-75 Escrow deposits.
In connection with any application for a special permit, site plan approval, zoning amendment, or variance, the reviewing board may require the applicant to pay in advance into an escrow fund established to cover the reasonable costs of reviewing such application. Such costs may include staff costs or consultant fees covering planning, engineering, environmental analysis, legal review, and other technical services required for a proper and thorough professional review of the application.
§ 245-76 Zoning Board of Appeals.
A.
Establishment.
(1)
The Town Board shall appoint a Zoning Board of Appeals consisting of five members, shall designate its chairperson, and shall provide for such expenses as may be necessary and proper. In the absence of a chairperson, the Zoning Board of Appeals may designate a member to serve as acting chairperson. A member of the Board of Appeals shall not at the same time be a member of the Town Board. The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing.
(2)
Members shall serve terms of five years. Such terms shall expire at the end of the calendar year. Any current members with terms that do not expire at the end of a calendar year shall serve until the end of the calendar year in which their terms are due to expire.
(3)
If a vacancy occurs other than by the expiration of a term, it shall be filled by the Town Board for the period of the unexpired term.
B.
Conduct of business.
(1)
The Zoning Board of Appeals may employ such clerical or other staff or consulting assistance as may be necessary, provided that it shall not incur expenses beyond the amount of appropriations made available by the Town Board for such purposes, except for expenses that are covered by escrow deposits held pursuant to § 245-75.
(2)
The Zoning Board of Appeals shall have the power to promulgate written rules of procedure, bylaws, and forms in order to fulfill its responsibilities under this chapter.
(3)
All meetings of the Zoning Board of Appeals shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The concurring vote of a majority of all members shall be necessary to take action on any matter before it.
(4)
The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every decision. If a member is absent or fails to vote, the minutes shall so indicate. Every rule, regulation, and every amendment or repeal thereof, and every order requirement, decision, interpretation, or determination of the Board shall immediately be filed in the office of the Town Clerk and shall be a public record.