The Code Enforcement Officer is authorized and directed by the Town Board to administer and enforce the provisions of this chapter. The Code Enforcement Officer shall have the authority to adopt policies and procedures in order to clarify the application of the provisions prescribed in this chapter. Such policies and procedures shall be in compliance with the intent and purpose of this chapter. Lastly, such policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter.

The Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.

Where it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists in a structure or upon a lot of record a condition in violation of this chapter, the Code Enforcement Officer is authorized to enter such structure or lot at reasonable times to inspect or perform the duties imposed by this chapter, provided that:

The Code Enforcement Officer is authorized by the Town Board to undertake and grant the following reviews and approvals:

The Code Enforcement Officer shall be authorized to request and shall receive, so far as required in the discharge of his or her duties, the assistance and cooperation of other officials and officers of the Town.

The Code Enforcement Officer shall make all required inspections, or shall receive reports of inspection by an approved agency or individual. All reports by such agency or individual shall be in writing and be certified by a responsible officer of such agency or individual. The Code Enforcement Officer is authorized to request assistance of the Town Engineer or other qualified individuals to report upon unusual technical issues that may arise, but such assistance shall be approved by the Town Board.

The Code Enforcement Officer is authorized to receive inspection reports by qualified inspection agencies and/or registered design professionals.

The Code Enforcement Officer shall issue all necessary notices or orders to ensure compliance with this chapter.

The Code Enforcement Officer shall keep official records of all business and activities specified in the provisions of this chapter. Such records shall be retained in the official records for the period required for retention of public records.

The Town Board is the designated approval authority as it pertains to an amendment of this chapter and the Zoning Map. The amendment process herein established is intended to provide a means for making changes in the text of this chapter and the Zoning Map. It is not intended to relieve particular hardships nor to confer special privileges or rights but is intended as a tool to adjust the provisions of this chapter and the Zoning Map in light of changing, newly discovered or newly important conditions, situations or knowledge.

The designated approval authority shall conform to the procedures prescribed in Article 2 of the Municipal Home Rule Law of NYS, as currently in effect and as hereafter amended from time to time.

The designated approval authority shall review all facts and information that is the subject of a proposed amendment of this chapter or the Zoning Map to determine whether or not to approve such application.

The Zoning Board of Appeals is hereby appointed by the Town Board as the designated approval authority as it pertains to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer.

The designated approval authority shall conform to the procedures prescribed in § 267-a of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for an appeal.

An applicant applying for an appeal shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:

An application for an appeal shall be based on a claim that the true intent of this chapter or the requirements legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or an equal or better form of compliance is proposed.

The designated approval authority shall have no authority to amend or waive any requirement of this chapter.

The Code Enforcement Officer is hereby appointed by the Town Board as the designated approval authority as it pertains to the issuance of a certificate of zoning compliance. A certificate of zoning compliance shall be obtained by an owner who intends to construct, enlarge, move, demolish and/or structurally alter a building, sign and/or structure. In addition, such certificate shall be obtained by an owner who intends to change the use of a building, land and/or structure. Exemption(s):

The application for a certificate of zoning compliance shall be submitted within a reasonable amount of time but no greater than 10 business days to the designated approval authority for any action that must be performed in an emergency situation.

When more than one certificate of zoning compliance is required for the same location, the designated approval authority is authorized to consolidate such certificates into a single certificate of zoning compliance, provided that each provision is listed in such certificate.

An applicant applying for a certificate of zoning compliance shall submit a complete application to the designated approval authority, along with any applicable fee and payment of incurred costs. Such application shall be in writing on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:

Uses and/or work shall be operated and/or installed in accordance with permitted action prescribed in the certificate of zoning compliance, and any changes that are not in compliance with such certificate shall be submitted as an amended application if such action is warranted by the designated approval authority. Such authority is authorized to waive the submission of an amended application when the change is:

The designated approval authority may include in a certificate of zoning compliance such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.

The issuance of a certificate of zoning compliance shall not be construed to be an approval of a violation of any of this chapter. Certificates presuming to give authority to violate or cancel the provisions of this chapter shall not be valid. The issuance of a Certificate of zoning compliance based on a submitted application and other data shall not prevent the designated approval authority from requiring the correction of errors in such application and/or data. The designated approval authority is also authorized to prevent occupancy of a structure or use of a land where it is in violation of this chapter.

A certificate of zoning compliance shall not expire unless the use of land or scope of work proposed in the application is not operated or completed within one calendar year from the date of issuance. The designated approval authority is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.

A certificate of zoning compliance is transferable due to the fact that such certificate "runs with the land" since it applies to a use and/or work at a lot of record, which is not contingent on ownership.

The designated approval authority is authorized to revoke a certificate of zoning compliance issued under the provisions of this section when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such certificate was based, including, but not limited to, any one of the following:

The Code Enforcement Officer shall review and investigate complaints that claim the existence of conditions or activities that fail to comply with this chapter. However, the Code Enforcement Officer shall not review and/or investigate any complaint pertaining to a violation of law that is enforced by another AHJ (i.e., NYSDEC, NYSDOH, NYSDOT, etc.). Lastly, the process for responding to a complaint shall include but is not limited to the following steps as deemed appropriate by the Code Enforcement Officer:

The SEQR process may extend the various procedural time limits set forth throughout this chapter. For those actions taken under this chapter that are subject to SEQRA, all time frames and deadlines otherwise set forth in this chapter may be delayed until a determination of significance has been made and, if required, a draft EIS has been filed.

Upon determination that an application is classified as a Type 1 action as designated by this chapter or SEQRA, the designated approval authority has the authority to transmit such application to the Town Attorney, Town Engineer and/or a qualified consultant for his/her/their review and recommendations. Furthermore, the Town Attorney, Town Engineer and/or a qualified consultant may be required to assist the designated approval authority in his, her or their obligations as prescribed by SEQRA. The cost of such assistance and review shall be at the expense of the applicant.

The Planning Board is hereby appointed by the Town Board as the designated approval authority as it pertains to denying or granting a special use permit as set forth in this article.

The designated approval authority shall conform to the procedures prescribed in § 274-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for an appeal.

An applicant applying for a special use permit shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing, on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:

The designated approval authority shall review all facts and information that is the subject of an applicant for a special use permit to determine whether or not to approve such application. In doing so, the designated approval authority shall consider all of the following criteria:

The designated approval authority may include in a special use permit such terms and conditions as he, she or they deem necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.

A special use permit shall not expire unless the use of land proposed in the application is not operated or completed within one calendar year from the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.

An amendment to an approved special use permit shall be submitted to the Code Enforcement Officer accompanied by supporting information. The designated approval authority shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary. However, the following actions may be permitted by the Code Enforcement Officer without the need for a review by such authority:

A special use permit is transferable due to the fact that such permit "runs with the land" since it applies to a use at a lot of record, which such use is not contingent on ownership.

The designated approval authority is authorized to revoke a special use permit issued under the provisions of this article when it is found, by inspection or otherwise, that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such certificate was based, including, but not limited to, any one of the following:

Whenever the Code Enforcement Officer finds any work regulated by this chapter being performed in a manner contrary to the provisions of this chapter, or in a dangerous or unsafe manner, the Code Enforcement Officer is authorized to issue a stop-work order.

A stop-work order shall be in writing and shall be given to the owner of the lot of record, or to the owner's agent, or to the person doing the work. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume.

The Code Enforcement Officer shall cause a stop-work order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

Where an imminent danger exists, the Code Enforcement Officer shall not be required to give a written notice prior to stopping the work.

Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be culpable of a violation of this chapter.

The Zoning Board of Appeals is hereby appointed by the Town Board as the designated approval authority as it pertains to denying or granting an area variance as set forth in this article.

The designated approval authority shall conform to the procedures prescribed in § 267-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for an appeal.

An applicant applying for an area variance shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing, on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:

The designated approval authority may include in an area variance such terms and conditions as he, she or they deem necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.

An area variance shall not expire unless the scope of the work proposed in the application is not operated or completed within one calendar year from the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.

An area variance is transferable due to the fact that such variance "runs with the land" since it applies to a lot of record and/or structure, which such lot of record and/or structure is not contingent on ownership.

The designated approval authority is authorized to revoke an area variance issued under the provisions of this article when it is found, by inspection or otherwise, that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such variance was based, including, but not limited to, any one of the following:

The Zoning Board of Appeals is hereby appointed by the Town Board as the designated approval authority as it pertains to denying or granting a use variance as set forth in this article.

The designated approval authority shall conform to the procedures prescribed in § 267-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for a use variance.

An applicant applying for a use variance shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing, on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:

Upon receipt of a complete application from the applicant, the Code Enforcement Officer may transmit such application to the Town Attorney for his/her review and recommendations. The cost of such review shall be at the expense of the applicant.

The designated approval authority may include in a use variance such terms and conditions as he, she or they deem necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.

A use variance shall not expire unless the use of land proposed in the application is not operated or completed within one calendar year from the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.

A use variance is transferable due to the fact that such variance "runs with the land" since it applies to a use, which such use is not contingent on ownership.

The designated approval authority is authorized to revoke a use variance issued under the provisions of this article when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such variance was based ,including, but not limited to, any one of the following:

It shall be unlawful for any land, structure and/or use to be in violation of this chapter, or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer.

Any condition caused or permitted to exist in violation of any provision of this chapter shall be deemed a public nuisance and shall be abated as such by the owner pursuant to law.

A notice of violation shall be in accordance with all of the following:

A notice of violation shall be deemed to be properly served if a copy thereof is:

A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant and other person responsible for the condition or violation to which the notice of violation pertains.

The Code Enforcement Officer has the authority to enter into a written voluntary compliance agreement with the owner in order to gain voluntary compliance in correcting a confirmed violation. The agreement shall include time limits for compliance and shall be binding on the owner. The Code Enforcement Officer shall abate further processing of a violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the Code Enforcement Officer may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.

An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any term or condition of any notice of violation order or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.

If the notice of violation is not complied within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful structure and/or use in violation of the provisions of this chapter or of the order or direction made pursuant thereto.

This law repeals, supersedes and replaces Chapter 140, Zoning, of the Code of the Town of Milo that was adopted on November 1, 1974, as well as its subsequent amendments.

The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted local rules, regulations, statutes or ordinances, the most restrictive thereof, or those imposing the highest standards, shall govern. However, nothing contained herein shall be deemed to limit the right to farm as set forth in Article 25-AA of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

An owner shall be responsible for compliance with this chapter regardless of any agreement between or among agents, lessors, operators, occupants or persons as to which party shall be responsible.

The Code Enforcement Officer and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain the assistance from any Town department, agency or employee as may be deemed necessary and appropriate under the circumstances. Furthermore, the Code Enforcement Officer and/or designated approval authority, as authorized by the Town Board, shall have the authority to obtain the assistance from qualified consultants as may be deemed necessary and appropriate under the circumstances. The owner shall pay any expense incurred by the Town as it pertains to such assistance.

This chapter is not intended to annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.

No permit or certificate issued pursuant to this chapter shall be issued until all applicable fees and administrative costs have been paid to this Town.

An application fee in the amounts set forth in a Fee Schedule established from time to time by resolution of the Town Board shall be submitted with the application.

Any payment of a fee or administrative cost to the Town is not refundable regardless if a permit or certificate has been issued pursuant to this chapter.

The failure of the owner to pay any fee, expense incurred by the Town and/or penalty in connection with the administration and enforcement of this chapter shall be assessed against the lot of record that is subject to any action prescribed in this chapter and shall be levied and collected in the same manner as provided in the Town Law of the NYS, as currently in effect and as hereafter amended from time to time, for the levy and collection of Town taxes or special ad valorem levies.

The Town Board may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any applicable law.

If any clause, sentence, paragraph, section or a part of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or a part thereof directly involved in a controversy in which such judgment shall have been rendered.

This Local Law shall be operative immediately and effective upon being filed with the NYS Secretary of State pursuant to § 27 of the Municipal Home Rule Law of the NYS, as currently in effect and as hereafter amended from time to time.