New Paltz City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 140-50 Enforcement; compliance required.
B.
No building permit or certificate of occupancy shall be issued by the Building Inspector 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.
The Building Inspector or any Code Enforcement Officer shall have the power to order, in writing, the remedying of any condition found to exist in, on or about any building in violation of the Zoning Code of the Town of New Paltz or in violation of the New York State Uniform Fire Prevention and Building Code, and to issue appearance tickets for violations of the Town of New Paltz Zoning Code and the New York State Uniform Fire Prevention and Building Code.
[Added 5-24-1990 by L.L. No. 11-1990]
§ 140-51 (Reserved) [1]
§ 140-51.1 Building permits.
[Added 7-26-2007 by L.L. No. 3-2007]
No person shall commence the erection, extension, structural change, construction, relocation, enlargement, reduction, alteration, removal, improvement (including plumbing and heating), addition to, demolition, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.
§ 140-51.2 Building permit applications.
[Added 7-26-2007 by L.L. No. 3-2007]
All applications for building permits shall be accompanied by two copies of a plot 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 Building Inspector to determine compliance with this chapter. One copy of such plans, when approved by the Building Inspector, shall be returned to the owner upon payment of the appropriate fee, as established from time to time by resolution of the Town Board.
§ 140-51.3 Planning Board review.
[Added 7-26-2007 by L.L. No. 3-2007; amended 2-27-2014 by L.L. No. 1-2014]
Notwithstanding the provisions contained in § 140-52 of this chapter regarding site plan review and approval, the Planning Board, upon recommendation of the Building Inspector and after consultation with the Town Engineer, is authorized to waive site plan approval and the Building Inspector is authorized to issue any building or other required permit for the alteration, modification, improvement, conversion or change in the nature of the occupancy of the building, structure or permitted use for which the application is being made, provided that:
A.
The applicant has demonstrated that:
(1)
The proposed activity for which the application is being made will not require any enlargement, extension, relocation, removal or reduction of any existing buildings, structures, parking areas, exterior lighting or other improvement shown on any site plan approved by the Planning Board prior to the date of the application;
(2)
The applicant is the owner or operator of a lawfully established wireless communications facility, and the proposed action is to co-locate, remove, or replace transmission equipment on an existing wireless tower, provided the proposed action does not substantially change the physical dimensions of the tower or existing base equipment;
(3)
The applicant proposes to install a Type I or Type II electric vehicle charging station (EVCS), and installation of the EVCS is not part of an action that otherwise requires site plan approval;
(4)
The applicant proposes to install a photovoltaic or solar hot water system on an existing building or structure, or within the bounds of a parking area or other area constructed with a paved impervious surface, so as to not increase the amount of impervious surface on the site.
(5)
The applicant proposes to conduct farm operations, as defined in Section 301 of the New York State Agriculture and Markets Law, on land that: (a) is located in a zoning district that allows agricultural uses; (b) has as a principal use a "farm" as defined in § 140-8 of this chapter to which the proposed farm operations are accessory; (c) is used in agricultural production, as defined in Section 301 of the New York State Agriculture and Markets Law; (d) and the land is either currently enrolled in an Ulster County agricultural district or is qualified under Ulster County and New York State law for an agricultural exemption by the Assessor of the Town of New Paltz; and the applicant has demonstrated to the Building Inspector that the proposed farm operations will be conducted in a manner consistent with any guidelines of the Department of Agriculture and Markets applicable to the proposed use, and that any necessary access, parking, water and sanitary facilities required for the proposed use will be provided.
[Added 2-15-2018 by L.L. No. 1-2018]
B.
The applicant has demonstrated that the proposed activity for which the application is being made will not significantly increase the anticipated vehicle trips generated by the site, the anticipated parking requirements or traffic circulation on the site, the volume or quality of stormwater discharges from the site, or the use of water and septic/sewer facilities;
C.
The applicant has demonstrated that the proposed activity for which the application is being made is a Type II action pursuant to the provisions of 6 NYCRR Part 617 for purposes of SEQRA. For purposes of this subsection, co-location, removal or replacement of antennas on an existing minor wireless communications facility consistent with Subsection A(2) and § 140-77 shall be deemed a Type II action; and
D.
The applicant has demonstrated that the proposed activity for which the application is being made will not have an adverse effect or impact upon the physical or environmental conditions of properties in the immediate vicinity nor upon the existing use or uses of such properties.
§ 140-51.4 Waiver of site plan review.
A.
As part of any referral to the Planning Board of an application for site plan review and approval required under this chapter, the Building Inspector, after consultation with the Town Engineer, may include as part of such referral a recommendation to the Planning Board, upon forms prepared by the Building Inspector for such purpose, that site plan review and approval should be waived, setting forth reasons in support of such recommendation.
B.
Following receipt by the Planning Board of the submission of any application made to it by the Building Inspector, the Planning Board shall find and determine that site plan review and approval is required pursuant to the provisions of this chapter or, in the alternative, may find and determine that the provisions of § 140-51.3 have been met and that further review by the Planning Board is not required.
C.
Under circumstances where the Building Inspector has delivered to the Planning Board a recommendation that site plan review and approval should be waived and such recommendation has been received by the Planning Board at least three days prior to the conduct of its next regularly scheduled meeting (exclusive of the date of delivery), the Planning Board shall make its findings and determination at such regularly scheduled meeting and shall cause written notice of such determination, signed by the Chairperson or authorized representative of such Board, to be delivered to the Building Inspector within the three days next following the date upon which such determination is made.
D.
In the event that the Planning Board, under circumstances where there has been delivered to it a recommendation by the Building Inspector to waive review and approval of the application submitted within the time periods set forth above, fails to determine whether or not further review by the Planning Board is required or, having made a determination, fails to provide to the Building Inspector timely notice of such determination, the Planning Board shall be deemed to have waived site plan review and approval as authorized pursuant to § 140-5.3 of this chapter, and the Building Inspector shall be entitled to take and to complete such procedures as are required for the proper disposition of the application.
E.
In the event that the Planning Board, notwithstanding that there has been delivered to it a recommendation by the Building Inspector to waive review and approval of the application submitted, determines that site plan review is required pursuant to the provisions of this chapter, the Building Inspector shall not issue any required building or other permit until such time as the Planning Board shall have approved the site plan in accordance with the provisions of this chapter.
§ 140-52 Site plan review.
[Amended 4-26-1978 by L.L. 3-1978; 12-30-1987 by L.L. No. 9-1987; 1-25-1990 by L.L. No. 1-1990; 9-18-1997 by L.L. No. 3-1997; 2-25-1999 by L.L. No. 2-1999]
The following provisions shall govern site plan procedures where the submission and approval of a site plan are required by the provisions of this chapter:
A.
Approval required. No building permit shall be issued and no structure or use shall be established, other than a one-family dwelling, or such other cases designated as requiring additional standards pursuant to § 140-8A, and no building permit or subsequent certificate of occupancy for such structure or use shall be issued until requirements for such approval and any conditions attached thereto have been met and there shall be no physical alteration related to the development application (excepting such actions associated with engineering studies, surveys, subsurface investigations, removal of wastes, compliance with regulatory requirements, etc.). The continued validity of any certificate of occupancy shall be subject to the continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
B.
Application for site development plan approval. Any application for site development plan approval shall be made in writing at least three weeks in advance of a regularly schedule Planning Board meeting. It shall be submitted to the Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, and shall be accompanied by a detailed development plan prepared by a legally qualified individual or firm, such as a professional engineer, registered architect or landscape architect, and shall provide the following information:
(1)
Twelve copies of an area map, at a scale convenient for Planning Board use, showing the applicant's entire property as well as all adjacent properties; existing and proposed roads, railroads, streams, rights-of-way and easements in all directions from the subject parcel; all community facilities and utility trunk lines in the neighboring area; and all existing school, zoning and special district boundaries within 500 feet of the applicant's property.
(2)
Twelve copies of the applicant's proposed site development plan, drawn at as large a scale as is convenient, practical and reasonably possible, showing the following items of information:
(a)
The name and address of the owner of record of the property and the name, address and professional seal of the individual preparing the site plan.
(b)
The names of all owners of record of adjacent properties.
(c)
The accurate location of the boundaries of the applicant's property and any existing lot lines, streets, easements or other reservations located within it.
(d)
The location of all buildings, structures and other man-made features of the site, as well as those on adjacent properties within 100 feet of the property boundary, including existing utility lines.
(e)
The proposed location, use and design of all buildings and structures.
(f)
A tabular analysis of the proposed use of all floor space, clearly indicating the proposed type of use by floor level and the proposed division of buildings into units of separate occupancy.
(g)
The location and design of all driveways and parking and loading areas, including improvements to adjoining streets designed to facilitate the safe and convenient flow of traffic to and from the site.
(h)
The location and design of the proposed water supply and sewage disposal and stormwater drainage systems, including their relationship of these to related off-site facilities, services and systems, along with an analysis of the impact of the proposed site development upon them.
(i)
The location and design of all other proposed improvements, including signs, exterior lighting, recreational facilities, fences, walls, refuse enclosure, buffer screening and landscaping.
(j)
The proposed nature and location of any uses which will not be located within a building or structure included storage and display areas, if any.
(k)
Existing and proposed contours, with vertical intervals of not more than two feet, unless waived by the Planning Board, extending at least 50 feet beyond the site boundaries, and reference to the United States Geological Survey datum or other approved benchmark.
(l)
The nature and location of all other existing site features including water bodies, watercourses, wetlands, wooded areas, rock outcrops and single trees with a diameter at breast height (dbh) of 12 or more inches. The plan shall clearly indicate which site features are to be retained and which will be removed or altered.
(m)
Appropriate plans for the protection of the site's environment during the course of construction, including soil erosion and sedimentation control, protection of existing vegetation, noise control, limits on hours of operation, access routes for construction vehicles and other similar measures as may be appropriate in each individual case.
(n)
Any site plan for a residential use that proposes more than three dwelling units or a nonresidential use that proposes more than 20 parking spaces shall make provision for the installation and use of one or more electric vehicle charging stations (EVCS) in accordance with the following:
[Added 2-27-2014 by L.L. No. 1-2014[1]]
[1]
Residential structures shall include at least one internal or external parking space with a Type I or Type 2 EVCS per dwelling unit;
[2]
Office, business, commercial, recreational and other nonresidential uses, including civic, cultural and not-for-profit uses (for instance, libraries, day-care centers, schools, churches, etc.) shall provide at least one parking space with convenient and suitable access to an EVCS for every 20 automobile parking spaces;
[3]
Parking spaces for nonresidential uses shall be designed and arranged so that electric vehicle parking spaces are generally available for the parking of an electric vehicle. Parking spaces designated on an approved site plan for a public EVCS shall be used exclusively for the parking of a vehicle that is connected to the EVCS for charging.
[4]
All installed EVSC parking facilities shall be maintained in good operating order at all times during the duration of the proposed use.
[5]
In the event that the Planning Board determines that the applicant has demonstrated good cause to waive the installation of EVCS facilities otherwise required by this section, it shall require that a sufficient number of spaces be provided with conduit and such other equipment as may be necessary to enable EVSE to be installed in the future with minimal inconvenience or disturbance of parking areas.
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection B(2)(n) and (o) as Subsection B(2)(o) and (p), respectively.
(o)
An appropriate plan for bicycle parking facilities in accordance with the following:
[Added 6-16-2011 by L.L. No. 2-2011[2]]
[1]
Residences with three or more families: Bicycle racks or lockers for at least one bicycle per dwelling unit.
[2]
Fraternity/sorority houses and other group residences: Bicycle racks or lockers accommodating one bicycle per bedroom.
[3]
Office, business, commercial, recreational and other nonresidential uses, including civic, cultural and not-for-profit uses (for instance, libraries, daycare centers, schools, churches, etc.): Bicycle racks or lockers for at least one bicycle for every 10 automobile parking spaces.
[4]
Bicycle parking shall be located in high-visibility areas to promote awareness of availability, in areas of pedestrian activity to promote security, and clustered within 50 feet of the building's entrance. Where bicycle parking facilities cannot be located within 50 feet of the building's entrance, appropriate signs indicating the location of bicycle parking shall be required.
[5]
Bicycle parking facilities shall not impede pedestrian or vehicular traffic or circulation;
[6]
Bicycle parking facilities shall be maintained in good order, free of broken elements, cleared of litter and debris and secured to the ground.
[7]
For uniformity, the plan for the construction and installation of bicycle parking facilities shall comply with the Bicycle Parking Guidelines of the Association of Pedestrian and Bicycle Professionals (APBP), as amended from time to time.
[2]
Editor’s Note: This local law also provided for the redesignation of former Subsection B(2)(n) as Subsection B(2)(o).
(p)
Any other pertinent information as may be determined necessary or appropriate by the Planning Board, Town Engineer or the Building Inspector to provide for the proper enforcement of this chapter.
(3)
The applicant may submit a written request to the Planning Board for waiver of any of the above listed site development plan requirements. This waiver request must specifically state the reason or reasons why the particular site development plan requirement is not applicable to the particular development plan application. The Planning Board may consider the submitted site development plan requirement(s) waiver request(s) and waive a requirement, or requirements, for a site plan if such requirement, or requirements, are found not to be requisite in the interests of the public health, safety or general welfare, or if found inappropriate for a particular site plan. If a waiver to the site development plan requirements is granted, the Planning Board may impose appropriate conditions on such waiver.
(4)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the Chapter 116, Stormwater Management and Erosion and Sediment Control, of the Town of New Paltz Code shall be required for final site plan approval. Whether a stormwater pollution prevention plan is required or not, the site plan will include GPS (Global Positioning System) reference data in a form suitable to the Stormwater Management Officer for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.
[Added 12-22-2016 by L.L. No. 3-2017[3]]
[3]
Editor's Note: This local law also redesignated former Subsection B(4) as Subsection B(5).
(5)
In addition to the following items of information shall also accompany any site development plan application:
(a)
The proposed wording of any covenants, deed restrictions or association agreements which are intended to apply to all or any part of the subject property.
(b)
Plans and elevations of all proposed buildings, structures and accessory structures, including proposed signs.
(c)
Where the applicant proposes to develop the project in phases, a phasing plan shall be submitted for approval along with an ultimate development plan for the entire parcel.
C.
Referral of application to the Planning Board.
(1)
Upon receipt of a properly completed application as described in Subsection B above, the Building Inspector shall determine whether or not it conforms to the basic requirements of this section. If such conformance is determined, the Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, shall expeditiously refer copies of the application to the appropriate Town, county and state officials, departments and agencies for their review and comment and shall allow a fifteen-day period for the receipt of their recommendations. At the expiration of a period of 20 days following the date on which the applications conformance is determined and the subsequent referrals are made, as set forth above, the Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, shall submit a report containing these recommendations to the Planning Board together with the subject application. The applicant shall be provided with a copy of the report and recommendations in advance of the Planning Board meeting at which time it will be considered.
(2)
Within 62 days of the date of receipt of a properly completed application, the Planning Board shall act to approve, disapproves or approve with modifications the proposed site plan. This period may be extended by mutual consent of the applicant and the Planning Board. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall forward a copy to the applicant, the Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, and file same with the Town Clerk. In the event of disapproval, the Planning Board shall state its reasons therefore in writing in its records and shall send a written notice of its decision to the Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, who shall then act accordingly, either issuing a building permit, postponing the issuance of such permit pending compliance with the decision of the Planning Board or denying such permit. The Planning Board shall also notify the applicant in writing of its decisions and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk. The site plan application fee shall be in addition to the regular fee for issuance of the building permit.
D.
Standards for site development plan approval.
[Amended 2-27-2014 by L.L. No. 1-2014; 8-28-2014 by L.L. No. 3-2014]
(1)
In acting on any site development plan application, the Planning Board shall take into consideration:
[Amended 12-22-2016 by L.L. No. 3-2017]
(a)
The public health, safety and general welfare;
(b)
The comfort and convenience of the general public;
(c)
The recommendations of the Town Master Plan and the Official Map;
(d)
The proposed height, bulk, location, materials and architectural features of main and accessory buildings and their appropriateness and relationship to the site and to one another, and opportunities to incorporate the use of energy conservation techniques and technologies into the design and operation of the proposed use, including the utilization of solar, wind, biomass or alternative energy systems where practicable and feasible;
(e)
Screening of paved and surfaced outdoor areas and areas devoted to outdoor storage from abutting residence districts and from abutting streets;
(f)
Traffic circulation within and without the site, and conformance of the proposed plan of development with access management guidelines adopted by the Planning Board, including the design and location of access to the site to provide safe and adequate access and maintain the safe and efficient flow of traffic on the road network serving the site, maintaining appropriate spacing between driveways on adjacent properties and intersections or traffic signals on the highway providing proposed access to the site, and opportunities to provide for the safe and efficient access and flow of vehicular traffic between the site and adjacent parcel;
(g)
The location of existing and proposed pedestrian and bicycle public accessways and their existing/proposed width on and within 200 feet of the site boundaries, including clear demarcation of striping and signage designed to maintain separation of passenger and commercial vehicles, pedestrians and bicycle circulation;
(h)
Provision of off-street parking and loading spaces, including the provision of sufficient electric vehicle charging stations and related infrastructure to meet the reasonably anticipated needs of the proposed use;
(i)
The nature and design of exterior lighting, signs, landscaping, benches, buffer areas and other open spaces;
(j)
The availability of supporting services and facilities, so that any development on the site will satisfactorily and harmoniously relate to the existing or permitted development of neighboring land and buildings;
(k)
The adequacy and arrangement of pedestrian and bicycle access, bicycle parking, sidewalk widths, and circulation, including separation of pedestrians with a buffer where possible from vehicular traffic, will be handled safely both within the site and in relation to adjacent parcels and the adjoining street system; and
(2)
In considering any proposed site development plan, the Planning Board may, in accordance with Chapter 31, adopt guidelines for site plan review setting forth best practices and procedures for implementing site plan review. In considering any proposed site development plan, the Planning Board may require review by appropriate professionals of the Planning Board's choosing.
(3)
To assure that the access management standards above are met when the Planning Board finds that the project may generate more than 100 trips during the peak hour on the surrounding state, county and Town highways, the project sponsor shall submit:
(a)
The above-cited data, including projection of the number and distribution by vehicle type (i.e., automobiles and light trucks, buses, heavy/commercial trucks, including tractor-trailers) of consumers using intended facilities.
(b)
Appropriate engineering studies or other documentation to analyze infrastructure requirements and related impacts of the proposed project, including traffic, access and parking (vehicular and bicycle) factors and related documentation as to the adequacy of intended on-site or off-site improvements.
(4)
In appropriate circumstances, the applicant may propose zoning incentives to the Town Board, demonstrating that such incentives are necessary to enable the applicant or property owner to provide internal road systems, shared driveways, cross-access driveways, access and public roads, internal circulation systems, interconnected parking, or off-site traffic improvements that will maintain or improve the safe and efficient movement of traffic along state and county roads, and within a proposed development site or proposed subdivision abutting these roads.
(5)
The Town Board shall refer such request, with such supporting documentation as may be required to evaluate the desireability of such improvements, to the Town Planning Board, which shall review the consistency of the proposed improvements and the proposed incentives with the Comprehensive Plans of the Town, any plans or studies of the agencies having jurisdiction over the roads and highways that would be affected by such improvements and incentives, and recommend such adjustments to the permissible density, area, height, or open space as may be warranted by the circumstances of the proposal, together with the proposed improvements that warrant such incentives.
(6)
Upon consideration of the proposal, consultation with any agency having jurisdiction of roads or highways that would be affected by the proposal, and the report and recommendations of the Planning Board, the Town Board determine, in its sole discretion, the adequacy of the access management amenities to be accepted and the particular bonus or incentive to be provided to an applicant or lot owner, if any.
(7)
The proposed site plan shall be reviewed by a qualified traffic safety engineer at the expense of the project sponsor, who shall review and report to the Planning Board with respect to the safe and efficient movement of traffic on site, the safe and efficient access to and from the site to and from the surrounding road network, compliance with required traffic regulatory and warning sign location and type, the appropriateness of any proposed traffic signals or off-site mitigation measures, and opportunities to provide for safe and efficient traffic flow and access between the site and adjacent parcels.
(8)
All proposed signage shall be shown on the site plan, including sufficient detail to establish that it conforms with the New York State Department of Transportation Manual of Uniform Traffic Control Devices. All signage shown on the site plan shall be furnished and installed by the project sponsor with prior approval of the agency with jurisdiction over the roadway and the Town Highway Superintendent, and maintained in good condition for the duration of the use and/or ownership by the project sponsor, if on private land, or by the agency with jurisdiction over the highway, if located within a public right-of-way, unless the agency and the sponsor enter into a written agreement for the project sponsor to maintain the signage and other improvements.
E.
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant, as determined by the Planning Board in its sole discretion.
F.
Performance guarantee and inspection of improvements. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultations with the Planning Board, the Building Inspector, the Town Engineer, the Town Attorney and other appropriate parties. The Building Inspector, or, if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
G.
Integration of procedures. Whenever the particular circumstances of proposed development require compliance with either the special use procedure in this zoning chapter or other requirements of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
H.
The applicant may make written application to the Planning Board, before such approval expires, for an initial extension of such approval for an initial period of 180 days and, thereafter, for additional extensions of not more than 90 days each, which extensions may, for good cause shown, be granted or denied by the Planning Board.
[Amended 12-15-2011 by L.L. No. 6-2011]
§ 140-53 Certificates of occupancy.
[Amended 10-29-1986 by L.L. No. 7-1986]
A.
No land shall be used or occupied and no building or structure erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of the Building Code.[1]
B.
All certificates of occupancy for new or altered buildings or structures shall be applied for coincident with the application for a building permit therefor. Such certificate of occupancy shall be issued within 10 days after the erection or alteration shall have been approved as being in compliance with all applicable federal, state and/or local laws, rules and ordinances.
C.
Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance or if the work authorized has not been completed within 18 months from such date. Provided that no federal, state and/or local law, rule, regulation or ordinance has been enacted in the interim to the contrary, the Building Inspector is authorized to grant, in writing, a single extension of either of the above periods for a period not to exceed six months, at the expiration of which no further work is to be undertaken without issuance of a new building permit. Building permits in force and effect at the effective date of this chapter shall be deemed extended for a period of 18 months next following the effective date of this chapter.
D.
An original certificate of occupancy shall be provided free of charge in conjunction with a building permit. Any request for a duplicate certificate of occupancy shall be made to the office of the Building Inspector of the Town of New Paltz in writing and shall be accompanied by a fee as set forth from time to time by resolution of the Town Board for each duplicate certificate of occupancy requested.
[Amended 12-30-1987 by L.L. No. 9-1987]
E.
The Building Inspector of the Town of New Paltz shall not issue a certificate of occupancy where the actual cost of construction exceeds the amount set forth in the application for the building permit, nor shall the Building Inspector of the Town of New Paltz issue a certificate of occupancy where the actual cost of construction is not reflected in the affidavit of final cost, which said affidavit shall be part of the requirements for the issuance of a certificate of occupancy.
§ 140-54 Costs of construction.
[Added 10-29-1986 by L.L. No. 7-1986; amended 3-17-1988 by L.L. No. 1-1988]
For the purpose of this article, the cost of construction upon which the fees for building permits shall be computed and the costs of construction for purposes of the application for the building permit and/or for the affidavit of final costs shall be the actual cost of construction incurred by the applicant or, in the absence of the actual cost of construction, the cost estimates set forth in the replacement cost provisions of the New York State Local Assessors Handbook and/or of Beockh Building Valuation Manual shall control.
§ 140-55 Zoning Board of Appeals.
A.
Establishment and duties. Pursuant to the Town Law, the Town Board shall appoint a Zoning Board of Appeals consisting of five members, shall designate its Chairman and shall also provide for compensation to be paid to said members and provide for such other expenses as may be necessary and proper. 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 Board of Appeals for cause and after public hearing.
(1)
Term of appointment. Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
(2)
Staff. The Board of Appeals may employ such clerical or other staff assistance as may be necessary and prescribe their duties, provided that it shall not at any time incur expenses beyond the amount of the appropriations made by the Town Board and then available for that purpose.
(3)
Rules of procedure, bylaws, forms. The Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with nor have the effect of waiving any provisions of this chapter or any other ordinances or local laws of the Town of New Paltz. Such rules, bylaws and forms and any subsequent amendments or supplements thereto shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject or modify such rules, bylaws and forms within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.
(4)
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. The concurring vote of a majority of all members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of an applicant in any matter upon which it is required to pass under any ordinance or local law to effect any variation in the Zoning Local Law.
(5)
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.
(6)
Referrals to the Planning Board. At least 20 days before the date of hearing held in connection with any appeal or application submitted to the Board of Appeals, said Board shall transmit to the Planning Board a copy of said appeal or application and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said appeal or application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the appeal or application.
B.
Public notice and hearing. Public notice of any required hearing by the Board of Appeals shall be given in accordance with the Town Law as follows:
(2)
By giving written notice of hearing to any appellant or applicant and to the Planning Board not less than five days prior to such hearing.
(3)
By giving written notice of hearing to any required municipal, county, metropolitan, regional, state or federal agency in the manner prescribed by law.
C.
Appeals. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector under this chapter in accordance with the procedure set forth herewith:
(1)
Notice of appeal shall be filed with the Building Inspector and the Secretary to the Board of Appeals in writing, in a form required by such Board, within 30 days of the date of the action appealed from, specifying the grounds thereof.
(2)
Upon filing of a notice of appeal and payment of a filing fee, as set forth from time to time by resolution of the Town Board, by the appellant or applicant, the Building Inspector shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
[Amended 12-30-1987 by L.L. No. 9-1987]
(3)
The Board of Appeals shall set a reasonable date for the hearing of each appeal, of which hearing date the appellant shall be given notice and at which hearing he shall appear in person or by agent or by attorney.
(4)
An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals, after notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Building Inspector and on due cause shown.
(5)
Following public notice and hearing, 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 in the premises and, to that end, shall have all the power of the Building Inspector. If the action by the Board of Appeals is to reverse the action of the Building Inspector in whole, the filing fee shall be refunded to the appellant
D.
Variances.
(1)
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, after public notice and hearing, 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 land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(2)
All applications for variances shall be filed with the Secretary to the Board of Appeals in writing, shall be made in a form required by the Board of Appeals and shall include a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.
(3)
Any variance which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Board of Appeals.
(4)
Criteria for granting variances.
(a)
A variance to the provisions of this chapter shall be granted by the Board of Appeals in order to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals except by the adoption of a resolution fully setting forth the reasons for the following findings:
[1]
That there are special circumstances or conditions applying to such land or buildings and not applying generally to land or buildings in the vicinity and under identical district classification and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings or of privileges enjoyed by other properties in the vicinity and under identical district classification.
[2]
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board of Appeals is the minimum variance that will accomplish this purpose.
[3]
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the vicinity or otherwise detrimental to the public welfare.
[4]
That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which subject property is situated.
(b)
In no case shall a variance be granted solely for reason of additional financial gain on the part of the owner of the land or building involved.
E.
Special use permits.
(1)
The Board of Appeals shall have the power, after public notice and hearing, to grant special use permits in the classes of cases specified in § 140-8A of this chapter.
(2)
All applications for special use permits shall be filed with the Secretary to the Board of Appeals in writing, shall be made in a form required by the Board, and shall include a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.
(3)
Whenever the Board of Appeals grants a special use permit, appropriate conditions and safeguards and/or time limitations must be attached thereto so as to guarantee that the use of premises shall not be incompatible with other permitted uses in the vicinity and district in which subject property is situated.
(4)
Any special use permit which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Board of Appeals.
F.
Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Law and Rules, except that it must be instituted as therein provided within 30 days after the filing of a decision in the office of the Town Clerk, the Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter, and the Court, at special term, shall itself dispose of the cause on the merits, determining all questions which may be presented for determination under the provisions of § 7803 of said article. Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
§ 140-56 Amendments.
A.
Procedure. The Town Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendment of the regulations or districts herein established shall be filed in writing, in a form required by the Town Board, and shall be accompanied by a certified check in the amount set forth from time to time by resolution of the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements.
[Amended 12-30-1987 by L.L. No. 9-1987]
B.
Advisory report by Planning Board.
(1)
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report. If the Planning Board disapproves the proposed amendment or recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by the adoption of a resolution fully setting forth the reasons for such contrary action.
(2)
All petitions for amendments to this chapter when filed with the Town Board, each proposed amendment recommended by the Planning Board when the same is submitted to the Town Board and each proposed amendment initiated by the Town Board on its own motion shall, upon said filing, submission or motion, immediately stay the issuance of any building permits for any construction whatsoever within the area affected by the proposed amendment for a period of 90 days or until the amendment is rejected by the Town Board, whichever event occurs first
(3)
In the event of the adoption of the amendment or the adoption of said amendment with modifications, the issuance of building permits shall continue to be stayed until after the effective date of said amendment.
C.
Public notice and hearing. The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
D.
Protest by owners. If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment or by the owners of 20% or more of the area of land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the Town Board.
E.
Changes by Planning Board. The Planning Board, in accordance with § 281 of the Town Law,[1] may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat is filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner and shall be similarly subject to amendment.
[1]
Editor's Note: Section 281 was renumbered as § 278 by L. 1992, c. 727.
F.
Publication and posting. Every amendment to the Zoning Local Law shall be entered in the minutes of the Town Board and shall be published and posted pursuant to the Municipal Home Rule Law and applicable local law. The map, as revised, shall be filed in the office of the Town Clerk.[2]
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
§ 140-57 Interpretation of provisions.
A.
Legislative intent. In their interpretation and application, 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.
B.
Noninterference and precedence. This chapter shall not interfere with, abrogate, annul or repeal any local law, ordinance, rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this chapter imposes greater restrictions, its provisions shall control.
§ 140-58 Penalties for offenses.
A.
Every person who shall fail to comply with a violation order issued by the enforcement officer within the time limit stated thereon shall be deemed to have committed an offense against this chapter and also shall be liable for any such violation or the penalty therefor.
[Amended 12-30-1987 by L.L. No. 9-1987]
B.
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 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 purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter 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 violations shall constitute a separate additional violation.
[Amended 12-30-1987 by L.L. No. 9-1987]
C.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town. Such penalty shall be collectible by and in the name of the Town for each week that such violation shall continue.
[Amended 12-30-1987 by L.L. No. 9-1987]
D.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.