Lewisboro City Zoning Code
ARTICLE IX
Enforcement and Administration
§ 220-71 Enforcement.
A.
General provisions. No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 220-74D(2). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceeding or revocation or nullification thereof.
B.
Enforcement agents. This chapter shall be enforced by the Building Inspector and such deputy inspectors as may be appointed by the Town Board.
§ 220-72 Penalties for offenses.
A.
A violation of this chapter is hereby declared to be an offense, punishable by a fine and/or imprisonment in accordance with § 268 of the Town Law, such violation to be prosecuted and such penalties collected in the manner prescribed by law or ordinance effective in the Town. Each week's continued violation shall constitute a separate additional violation. Nothing herein contained shall in any way limit or affect the penalties, both civil and criminal, provided for in any ordinance enacted and in effect pursuant to § 130, Subdivisions 15-a and 23, of the Town Law applicable to the subject matter of § 220-34 of this chapter.
[Amended 11-26-1991 by L.L. No. 1-1991]
B.
The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, any lessee, architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be fined or imprisoned as herein provided.
§ 220-73 Additional remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter or any regulation made under authority conferred thereby, the Town Board or any Town officer designated by said Town Board or the Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 220-74 Zoning Board of Appeals.
A.
Continuance and alternate members. The Board of Appeals heretofore established pursuant to Town Law is hereby continued with all powers and duties prescribed by law and by this chapter. There shall be two alternate Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest. The alternate members of the Zoning Board of Appeals shall be appointed by resolution of the Town Board, for terms established by the Town Board, and shall be subject to § 267(11) of the Town Law of the State of New York.
[Amended 2-25-2019 by L.L. No. 3-2019]
B.
Meetings and minutes. All meetings of the Board of Appeals shall be open to the public. The presence of a majority of the members shall be necessary for a quorum. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question or, if any member is absent or fails to vote, indicating the fact, and shall also keep records of its examination and other official actions. Every rule, determination, regulation, amendment or appeal thereof and every order, requirement and decision of the Board shall immediately be filed in the office of the Town Clerk and shall thereafter be a public record.
C.
Public hearings. The Board of Appeals shall fix a reasonable time for the hearings of the appeal, variance, special permit use or other matter referred and shall give public notice thereof in the official paper of notice of such hearing at least 10 days prior to the date thereof. The Board shall, at least 10 days before such hearing, mail notices thereof or cause such notices to be mailed by the applicant to owners of property within such areas as the Board may prescribe. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant or appellant, as the case may be.
D.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law, which powers and duties are summarized and more particularly are specified as follows:
(1)
Special permit use. The Board of Appeals is authorized to hear and decide applications for special permit uses in accordance with procedures and standards set forth in § 220-32 of this chapter.
(2)
Appeals and variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. No variation or adjustment in the strict application of any provisions of this chapter shall be granted by the Board of Appeals unless it finds that:
(a)
The hardship is due to unique circumstances and not to general conditions in the neighborhood.
(b)
The hardship shall not have resulted from any act of the applicant subsequent to the date of adoption of the provision or provisions appealed from, whether in violation of such provision or not.
(c)
For reasons fully set forth in the findings of the Board, the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building, and that the variance granted is the minimum variance necessary for such reasonable use.
(d)
The granting of the variance will be in harmony with the intent of this chapter and will not be injurious to the neighborhood and otherwise detrimental to the public welfare.
E.
Procedure.
(1)
Application. Appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Board of Appeals a notice of appeal specifying the grounds thereof, accompanied by a fee in accordance with the fee schedule adopted by the Town Board of the Town of Lewisboro.[1] Each appeal shall specify the provision of the ordinance involved, the ruling sought from the Board and the grounds upon which it is claimed that the same should be granted. Affidavits of publication and service of notice by mail and such other data or information shall be submitted as the Board may deem necessary. The officer from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record on which the action appealed from is taken.
[Amended 11-26-1991 by L.L. No. 1-1991]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
(2)
Hearing. The Board of Appeals shall hold a public hearing in accordance with the procedures of Subsection C hereof.
(3)
Referral to Town Board and Planning Board. The Board of Appeals shall, not less than five days prior to the date of the required hearing, transmit a copy of the application, together with a copy of the notice of the public hearing to be held thereon, to the Town Board and the Planning Board. The Planning Board may submit to the Board of Appeals an advisory opinion on such application.
(4)
Action by Board of Appeals. The Board of Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the Building Inspector or any other administrative official from whom the appeal is taken. Every decision by the Board of Appeals shall be by resolution adopted at a public meeting of said Board and shall set forth the circumstances of the case and the findings on which the decision was based.
(5)
Expiration. A variance shall be deemed to authorize only the particular use or uses specified in the decision, and unless other provisions are set forth by the Zoning Board of Appeals in connection with its decision, shall expire if work is not initiated pursuant thereto within one year or if said use or uses shall cease for more than one year.
F.
Vote required. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant any matter on which it is required to pass under this chapter to effect any variation in this chapter.
G.
Notice of decision. The resolution of the Board of Appeals shall be recorded in the minutes of its proceedings. A copy thereof shall be filed with the Planning Board, the Building Inspector and the Town Clerk, and one copy shall be mailed to the applicant. All supporting documents shall be filed in the office of the Town Clerk.
H.
No permit or approval shall be issued pursuant to this chapter if there is an outstanding violation or unpaid fine with regard to the property that is the subject of such application. Notwithstanding the above, a permit or approval may be issued to specifically address an outstanding violation or to address an immediate hazardous condition in the interest of the health, safety and welfare of the community. In the case of unpaid fines, no application shall be processed until such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]
§ 220-75 Building permits.
A.
General rule. No building or structure shall be erected, constructed, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector.
B.
Application requirements.
(1)
All applications for building permits made to the Building Inspector shall include two copies of a layout or plot plan, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, all public service lines, septic tanks and other sanitary facilities, the number of families or housekeeping units that the building is designed to accommodate and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. All dimensions shown on said plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started.
(2)
The Building Inspector may require a topographic survey showing at two-foot intervals the contours of the lot or, in the case of large lots, of that area between the street and the proposed structure and extending to each side and to the rear thereof as far as the Building Inspector may deem necessary for the enforcement of this chapter.
(3)
No building permit shall be issued unless all amounts due to the Town of Lewisboro as real estate taxes and special assessments on the total area of land encompassed by the application, together with all penalties and interest thereon, have been paid.
§ 220-76 Certificates of occupancy.
A.
Procedure for issuance.
(1)
A certificate of occupancy, either for a whole or a part of the building, shall be applied for coincident with application for a building permit.
(2)
Upon the completion of any building or structure for which a building permit was duly issued, the Building Inspector shall make a final inspection thereof. If he shall find the construction complies in full with the provisions of this chapter and any other ordinance of the Town of Lewisboro, including any site plan approval granted pursuant thereto, or of any variance therefrom duly granted by the Board of Appeals of any special permit issued by such Board of Appeals, that a final certificate of approval has been issued by the Westchester County Department of Health indicating that all requirements of the Sanitary Code have been complied with and that safe and passable access thereto has been provided, the Building Inspector shall issue, in the name of the owner, a certificate of occupancy.
B.
Continued conformity required.
(1)
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.
(2)
On the serving of notice by the Building Inspector of any violation of any of said provisions or requirements in respect to any structure or land or the use thereof, the certificate shall thereupon become null and void and a new certificate shall be required for any further use of such structure or land.
C.
Existing structures. Upon written request from the owner and on payment by him of a fee to the Town in accordance with the fee schedule adopted by the Town Board of the Town of Lewisboro,[1] the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of this chapter.
[Amended 11-26-1991 by L.L. No. 1-1991]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
§ 220-77 Fees.
[Added 11-27-1990]
B.
Reimbursement of professional review fees. The Town Board, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to it, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accordance with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the approving agency, in accordance with Subsection C herein concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Town law, ordinance or regulation.
C.
Escrow account procedures.
(1)
At the time of submission of any application to, and prior to the review of the Town Board, the Planning Board or the Zoning Board of Appeals, the approving agency may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town in two separate installments for deposit into such account in an amount to be determined by the approving agency based on its evaluation of the nature and complexity of the application. To cover the costs of the initial review of the application, a deposit shall be made in accordance with the initial escrow account deposit schedule adopted by the approving agency. After the preliminary review, the applicant shall provide additional funds to the Town for deposit into the escrow account in an amount to be established by the approving agency as the full escrow deposit based upon estimates of the total anticipated review costs provided by the consultants to the approving agency and the applicant. Said estimates are for the convenience of the applicant and shall not be binding upon the approving agency. The applicant shall be provided with copies of any Town voucher for such services as they are submitted to the Town. When the balance in such escrow account is reduced to 1/2 of the full escrow deposit amount, the applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit, or to some lesser amount as deemed acceptable by the approving agency to complete the review of the application. If such account is not replenished within 20 days after the applicant is notified in writing of the requirement for such additional deposit, the approving agency may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Town. After all pertinent charges have been paid, the Town shall refund to the applicant any funds remaining on deposit.
(2)
In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Law regarding the subject application and the fee prescribed in Chapter 110, Environmental Quality Review, § 110-12C(3), is paid, the Planning Board will allocate the costs of professional review fees incurred after making a positive declaration as follows:
[Amended 7-15-2003 by L.L. No. 6-2003]
(3)
SEQR fee and escrow.
[Amended 7-15-2003 by L.L. No. 6-2003]
(a)
When an action is subject to a positive declaration and involves an applicant, the agency may charge a fee to the applicant in order to recover the actual costs of either preparing or reviewing the draft and or final environmental impact statement and as otherwise provided for in SEQR, 6 NYCRR Part 617. Any part of such fee collected by an agency and not used for such purposes shall be returned to the applicant.
(b)
The approving agency may require the establishment of a SEQR escrow account, from which withdrawals shall be made to reimburse the Town for the cost of professional review services determined to be necessary in connection with the environmental review of an applicant's proposed action.
(c)
If the establishment of a SEQR escrow account is required, the applicant shall provide funds to the Town for deposit into such account, in an amount to be determined by the approving agency based on its evaluation of the nature and complexity of the proposed action. The applicant shall be provided with copies of any Town voucher for such services as they are submitted to the Town. When the balance in such account is reduced to 1/2 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the initial deposit or to some lesser amount as deemed acceptable by the approving agency. If such account is not replenished within 20 days after the applicant is notified in writing of the requirement for such additional deposit, the approving agency may suspend the environmental review process.
(d)
The total amount of such fee shall not exceed that as set forth in SEQR, 6 NYCRR Part 617, as may be amended from time to time.
(e)
No building permit or certificate of occupancy or use shall be issued unless all professional review fees charged in connection with an applicant's project have been reimbursed to the Town.
D.
Collection of fees. All required fees shall be collected by the Clerk or Secretary of the board having jurisdiction over the application.