Hurley City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 210-54 Zoning Enforcement Officer.
[Amended 12-21-2007 by L.L. No. 6-2007; 11-22-2022 by L.L. No. 7-2022]
A.
The office of Zoning Enforcement Officer is hereby created. The Zoning Enforcement Officer (ZEO) shall administer and enforce all provisions of this chapter.
(1)
The Zoning Enforcement Officer shall have the following powers and duties:
(a)
To receive and review all applications for special use permits, site plan approval and subdivision plat approval and either a certificate of removal or demolition or certificate of economic hardship pursuant to the provisions of this chapter. In the event that the Zoning Enforcement Officer determines that the proposed building and/or uses that are the subject of the application, accompanied when applicable by related requests for waiver(s) within the preview of the Planning Board, meet all of the requirements of the Zoning Law, the application shall be forwarded by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations.[1] In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of § 210-60 of this chapter. All applications that require either a freshwater wetlands permit from the New York State Department of Environmental Conservation or involve development within a regulated area consisting of a wetland and its associated buffer shall be forwarded by the ZEO to the Planning Board for review.
(b)
Upon approval of any application for a special use permit, site plan approval or for any other change in use requiring the issuance of a building permit, the ZEO shall issue a certificate of use verifying that the use complies with the provisions of the Zoning Law and the requirements and conditions imposed by the Planning Board.
(c)
To conduct inspections prior to the issuance of a certificate of use and inspections incidental to the investigation of complaints and all other inspections required or permitted under any provision of this chapter.
(d)
To issue stop-work orders, notices of violations and/or compliance orders.
(e)
To review and investigate complaints.
(f)
To review all applications for building permits for compliance with the provisions of the Zoning Law.
(h)
To maintain records.
(i)
To collect fees set by the Town Board.
(j)
To pursue administrative and criminal enforcement actions and proceedings and/or criminal proceedings to enforce the provisions of this chapter.
(k)
In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the provisions of the Zoning Law.
(l)
To exercise all other powers and fulfill all other duties conferred upon the Zoning Enforcement Officer by this chapter.
(m)
To inspect in the role of, or in coordination with the Town's stormwater management officer, as may otherwise be applicable, the installation of stormwater management measures pursuant to Chapter 168 of this Code.
(n)
To receive, review in consultation with the Planning Board, and approve or disapprove applications for sign permits and fence permits.
(2)
The Zoning Enforcement Officer shall be appointed by the Town Board. The Zoning Enforcement Officer shall possess background and experience relating to the enforcement, interpretation, application and enforcement of zoning laws and shall, within the period prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York and/or the Town shall require for zoning enforcement personnel.
(3)
In the event the ZEO is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Zoning Enforcement Officer. The Acting Zoning Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the ZEO by this chapter.
(4)
Compensation of the Zoning Enforcement Officer shall be fixed from time to time by the Town Board.
(5)
For purposes of this chapter, and Ulster County civil service requirements, the office of Zoning Enforcement Officer shall be synonymous with "Zoning Administrator."
B.
No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer and no permit or license for any purpose shall be issued by any official of the Town if the same would be in conflict with the provisions of this chapter.
C.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Hurley Stormwater Management Officer may require such inspections as necessary to determine compliance with this section and Chapter 168 and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Hurley enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
[1]
Start of construction;
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping;
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
(2)
Stormwater management practice inspections. The Town of Hurley Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
(3)
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
(4)
Submission of reports. The Town of Hurley Stormwater Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this section and Chapter 168.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Hurley the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C(3).
D.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Hurley in its approval of the stormwater pollution prevention plan, the Town of Hurley may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Hurley as the beneficiary. The security shall be in an amount to be determined by the Town of Hurley based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Hurley, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Hurley. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Hurley with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Hurley may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
E.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Hurley determines that a land development activity is not being carried out in accordance with the requirements of this section and Chapter 168, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the land development activity into compliance with this section and Chapter 168 and a time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
(2)
Stop work orders. The Town of Hurley may issue a stop work order for violations of this section and Chapter 168. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Hurley confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section and Chapter 168.
(3)
Violations. Any land development activity that is commenced or is conducted contrary to this section and Chapter 168, may be restrained by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section and Chapter 168 shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section and Chapter 168 shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(5)
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this section and Chapter 168 the Stormwater Management Officer may prevent the occupancy of said building or land.
(6)
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Hurley may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
F.
Fees for services. The Town of Hurley may require any person undertaking land development activities regulated by this section and Chapter 168 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Hurley or performed by a third party for the Town of Hurley.
§ 210-55 Building permit.
A.
No building or structure shall be erected, added to or its exterior structurally altered until a permit therefor has been issued by the Code Enforcement Officer in accordance with the provisions of this chapter.
B.
All applications for building permits shall be accompanied by two copies of a plat plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot, and such other information as may be required by the Code Enforcement Officer to determine compliance with this chapter. One copy of such plat, when approved by the Code Enforcement Officer, shall be returned to the owner upon the payment of the building permit application fee, and other Building Department fees, as set forth in the fee schedule as adopted and amended from time to time by resolution of the Town Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
C.
In each case where a building or use is proposed in a Light Industrial District or in a Residential Cluster Development, not including new streets, the Code Enforcement Officer shall refer the site plan for such proposal to the Planning Board for review before issuing a building permit.
D.
The Planning Board shall approve, approve with modifications or disapprove said site plan, stating the reason therefor, in writing, in its records, and shall send a written notice of its decision to the Code Enforcement Officer, who then shall act accordingly, either issuing a building permit, postponing issuing such permit pending compliance with the decision of the Planning Board or denying such permit. If the Code Enforcement Officer does not receive any written communication on the case by the Planning Board within 45 days after he or she refers such case to said Planning Board, he or she shall assume that the site plan meets with its approval.
§ 210-56 Certificate of occupancy.
A.
An owner shall not use or permit the use of any building or premises or part thereof thereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Such certificate shall state that such building premises or part thereof and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy, provided that he or she is satisfied that the building and the proposed use of the building or premises conform to all the requirements herein set forth.
B.
Under such rules and regulations as may be established by the Town Board, a temporary certificate of occupancy for part of a building may be issued.
C.
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Code Enforcement Officer thereof.
D.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice by the Code Enforcement Officer of any violation of any of said provisions or requirements in respect to any building or use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void and a new certificate of occupancy shall be required for any further use of such building or land.
E.
The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. A fee payable to the Town Clerk will be charged for each certificate copy.
F.
All construction, new or old, must comply with the New York State Building and Fire Codes.
§ 210-57 Penalties for offenses.
A.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each and every week such violation continues shall be deemed a separate and distinct violation.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Any building erected, constructed, altered, enlarged, located, converted, moved or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. The Code Enforcement Officer may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, location, conversion or use in violation of any of the provisions of this chapter. Such action may also be instituted by any property owner who may be particularly damaged by any zoning violation. The Code Enforcement Officer shall serve notice personally or by registered mail addressed to the premises of such violation or the person or corporation committing or permitting the same and, if such violation does not cease within such time as the Code Enforcement Officer may specify and a new certificate of occupancy is not obtained, he or she shall institute such of the foregoing criminal or civil actions as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.
C.
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.