Newfane Town City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 270-14.1 Interpretation.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or the general welfare. The following specific regulations shall apply:
A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
§ 270-14.2 Relation of Zoning Ordinance to other provisions of law, and to private covenants and agreements.
Nothing contained in this chapter shall be taken to repeal, abrogate, annual or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance, or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter; nor is it intended by this chapter to interfere with or abrogate or anul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land, or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulations, or by such easement, covenants or agreements, the provisions of this chapter shall control.
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.
§ 270-14.3 Enforcement.
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision.
The Building Inspector should adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
§ 270-14.4 Building permit general procedures.
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
(Reserved)
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this chapter.
After completion of footings and establishing of the forms on the first course of the foundation walls, or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.
§ 270-14.5 Building permits for single- or two-family dwellings and residential accessory structures.
Building permit applications shall include two copies of a layout or plot plans showing the actual dimensions of the lot to be built upon and its Tax Map and subdivision plat name, lot and block identification, the size and location on the lot of the structures, and accessory structures to be erected, other pertinent site improvement information and any other facts necessary to determine compliance with and provide for the enforcement of this chapter.
One copy of each layout or plot plan shall be returned to the applicant when the building permit has been approved.
§ 270-14.6 Site plan review procedures and standards.
[Amended 5-26-1999]
Purpose and intent. The purpose of this section is to encourage innovative and creative design and use of property to facilitate and promote the most advantageous construction techniques in the development of land in the Town. It is the further intention of this section to ensure the efficient use of land, consideration of potential impacts on the environment and their avoidance, wherever possible, and the promotion of high standards in the design, layout, landscaping and construction of development.
Applicability. No development shall occur within the Town of Newfane unless in accordance with the provisions of this section. No building permit, variance, special exception or certificate of occupancy shall be issued until all the requirements of this section have been satisfied and the site plan has been approved by the Planning Board. A site plan shall be submitted and required for the following:
Any development in a CF, MHP, VB, HC, MB, IP or GI District that involves construction or addition requiring a building permit or the addition or improvement of parking spaces, utilities/roads or stormwater management.
Any use requiring a special exception permit.
(Reserved)
Residential development other than single-family uses.
Churches, schools, institutional uses and recreational development where parking, landscaping or structures are involved.
Site plan application.
Sketch plan.
Prospective applicants for site plan review shall schedule a meeting with the Building Inspector for identification of critical development issues and the appropriate information to accompany the application. Appropriate review agencies and Town officials will be identified for coordination and the SEQRA responsibilities will be provided.
All applicants for site plan shall submit a sketch plan of the proposed development and a SEQRA environmental assessment form (Part I) to the Building Inspector for review. The Building Inspector will review the overall design concepts, development layout, infrastructure, natural features, neighborhood implications and prospective environmental issues to guide the site plan development.
Site plan. Upon completion of sketch plan review, an applicant may prepare a formal site plan in accordance with this section and submit it to the Building Inspector for scheduling of formal consideration. The site plan shall be prepared by an architect, landscape architect, engineer or surveyor licensed in New York State and certified with their signature and seal. The Building Inspector shall determine the completeness of the application for consideration by the Planning Board based on the following minimum information:
The location of the tract or parcel by means of an inset map at a scale not less than one inch equals 2,000 feet indicating the names of adjoining roads, streams, bodies of water, railroads, subdivisions and landmarks sufficient to identity the location of the property.
A boundary survey of the property, plotted to scale, including the acreage and legal description thereof and the location of survey datum.
A certificate signed by the surveyor or engineer setting forth the source of title and the place of record of the last instrument in the chain of title.
Title of drawing, including the name and address of the applicant, the developer and person(s) responsible for preparation of the drawing.
Existing structures, roads, easements, utility lines, streams and drainage ways, floodplain and wetland designations, natural features and landforms.
Existing topography at a maximum of two-foot intervals.
Zoning and present use of the property and surrounding properties; setback of existing development to the nearest property line.
A plan of the proposed site development at a scale of one inch equals 50 feet or larger that includes the following elements:
North arrow, scale and date.
Proposed streets and easements.
Location, type and size of vehicle entrances, including fire lanes.
All off-street parking, loading and stacking, indicating surfacing, size and angle of stalls, width of aisles and the schedule of spaces to serve the proposed development.
Location and layout of proposed structures, including number of floors, floor area, height, gross and net density, setback and proposed use of each structure.
Proposed grading matched to existing contours and supplemented by finished floor, building and spot elevations, where appropriate.
Location, type and height of lighting, fencing, retaining walls and screen planting, where required, and signage.
Drainage channels and their direction of flow and stormwater management facilities.
Proposed utility connections and location, size and grade of sewer and water lines.
Refuse collection and removal areas and their screening from adjacent streets and properties.
Water and sanitary sewer profiles identifying the vertical and horizontal alignments, connection details to existing facilities, invert and rim elevations, pump stations and force mains, hydrants, valves, blowoffs, etc.
Pavement profile and details, including a typical cross-section of parking and drive areas, vertical and horizontal curves (where appropriate), entry and curb radii, handicapped parking designation and handicapped ramps and curbs.
Grading and drainage plan which incorporates stormwater management for the proposed development, including location, type and size of facilities and the identification of easements to accommodate existing and proposed drainage and management facilities; calculations of stormwater management and drainage prepared by a professional engineer are required in accordance with the Erie-Niagara Regional Planning Board's storm drainage design manual.
General landscape plan and planting schedule.
Summary of the proposed development, including uses, acreage, descriptions of the utility plans, projected traffic impact and circulation, site soils and zoning conditions that apply to the development. Any separate permits (state or federal) required for the development must be obtained prior to finalization of site plan approval. Proposed easement or right-of-way dedications must be provided on a separate plat map for recording.
Site plan review procedures.
Submission. An application for site plan review must be complete as specified in this section and submitted to the Building Inspector at least 10 days prior to the Planning Board meeting to provide adequate opportunity for review, distribution of notices and advertisement of public hearing. The Building Inspector is responsible for coordination of the review and may include the Town Engineer, Planning Consultant, Highway Superintendent, NYEDEC and other agencies in the review process, as appropriate, to advise the Planning Board. The application must be accompanied by the application form, application fees (as established by resolution of the Town Board), plan as specified herein, supportive documentation, SEQRA environmental assessment form (all parts) and any additional information as may be requested by the Building Inspector. The evaluation shall include compliance with the Zoning Ordinance and this section, consistency with Town maps and plans for development review, compatibility with neighborhood development and conformance with general principles of site planning and engineering.
Environmental review. Any application for site plan review must be accompanied by a completed environmental assessment form (Parts I through III) identifying the prospective impact resulting from the proposed development and demonstrating the opportunities or mitigation or planned revisions to avoid such impacts. It is assumed that the Planning Board will be lead agency for all applications, subject to SEQRA determination, and be responsible for the conduct of review procedures as required by SEQRA. Any obligations for fulfillment of the SEQRA regulations, including the satisfaction of procedures and the preparation and review of an environmental impact statement, if required, shall be borne by the applicant. A SEQRA public hearing, if required, shall be coordinated with the site plan hearing and conducted simultaneously, where practical.
Planning Board review.
An applicant shall provide 10 copies, clearly legible, of the complete application to the Building Inspector for review by the Planning Board. The Planning Board shall review the site plan and make a determination based on the provisions of this section within 62 days of the public hearing, unless extended by the applicant. The determination shall be in the form of a written record of approval, approval with conditions or disapproval of the site plan and shall be filed with the Town Clerk.
The Planning Board may impose special conditions or modifications limiting the use or occupancy of the proposed land and development consistent with the intent and purposes of this chapter. Any conditions so imposed shall become a part of the site plan approval and must be satisfied prior to the issuance of any permits for development. No building or other development permit shall be issued for property that is subject to a site plan except in conformity with the approved plan for that site. The Planning Board approval or denial and any conditions thereto shall be guided by the following general standards for site development:
Conformance with this chapter, adopted Town development plans, an approved development plan that includes the subject site, if one exists, and all other applicable laws.
Compatibility of the proposed development with the natural features of the land and the environmental attributes of the site.
The general layout and design of buildings, lighting, signage, open space and development features consistent with reasonable planning principles.
The location and design of vehicular entrances/exits, including emergency access and fire lanes, in relation to the street system, traffic circulation and control within the site; and coordination of access points and circulation with adjoining properties.
The provision and protection of pedestrian movement on the site and their coordination with adjoining properties and the street system.
The location and adequacy of parking, loading and stacking areas, including the provision of opportunities for handicapped parking.
Provisions of landscape, screening and buffers to complement development and protect adjacent uses from unsightliness, noise, glare and other nuisances. Such elements shall also be used to promote the availability of green space in nonresidential development and recreation space in residential development to avoid a continuous paved or built environment.
Adequate provision of drainage and stormwater management facilities.
Adequacy of sewer and water facilities, fire protection and conformance with Town regulations for the provision and construction of those services.
The concurrence of Town agencies, New York State Department of Transportation, New York State Department of Environmental Conservation, and other county or state agencies, as appropriate.
Required improvements. In furtherance of the purposes of this chapter and to assure the public safety and general welfare, the Planning Board shall require the following improvements:
The designation of pedestrian paths, walkways or sidewalks for the safe and convenient movement of people within the site and with adjoining sites.
The dedication of rights-of-way and easements for all facilities to be publicly maintained for the full frontage of the lot or parcel prior to the issuance of any certificate of occupancy.
The construction of all off-site curbs, gutters, sidewalks and road widening or construction as shown in the Town of Newfane Master Plan, and any amendments thereto.
The construction of curbs, gutters and drives which will permit vehicular travel on the site and their connection to and from adjacent parking areas and properties.
Screening, fencing, walls, berms and screen plantings adequate to screen views in accordance with requirements of this chapter for adjacent subdivisions, contrasting development of less intensity and state highways of limited access. Designated plantings and landscaping shall be in accordance with the approved schedule and annually maintained by the property owner.
Adequate sewer, water and stormwater drainage facilities in accordance with Town regulations, including lines, connections, retention facilities, valves, hydrants and other facilities.
Agreement bond. Prior to the issuance of any building permit or authorization for development of any portion of the site, there shall be executed by the owner or developer an agreement to construct the required physical improvements located within public rights-of-way and easements, together with a bond securing the estimated cost of said improvements as determined by the Building Inspector. The agreement and bond shall be adequate to provide for the completion of all work covered therein, plus an additional 20% for administration and services should execution of the bond be necessary. The reservation of surety offered by the bond may be released in phases by the Building Inspector as entire components of the work are concluded, inspected and approved as complete.
Site plan revisions; extension.
No change, revision or modification to any approved plan may be made without the authorization of the Planning Board after due consideration of a written request. Minor changes which do not affect the site facilities or the intent of the site plan may be authorized by the Building Inspector. Any site plan may be formally revised in the same manner and utilizing the same process as originally approved by the Planning Board.
Approval of a site plan authorized under this section shall expire within one year from the date of approval unless building permits have been obtained for the proposed development. A single extension of six months may be granted after consideration by the Planning Board prior to the expiration of the site plan.
Inspections; certificate of occupancy.
Upon satisfactory completion of all required improvements shown on the approved site plan, an "as built" plan shall be submitted for the review and approval of the Building Inspector at least one week prior to the occupancy of the building. Such plan shall include the record of all progress and final inspections for the installation of all on-site and off-site improvements as approved by the Building Inspector or certified by a licensed engineer. The completion of "as built" plans and the successful inspection reports shall be the basis for release of any surety bond or portion thereof.
A final occupancy permit may be issued for any appropriately completed building, or portion thereof, located on a part of an approved site plan, provided that:
"As built" plans have been submitted and approved for the required improvements on the site plan that relate to and provide services to the requested building for occupancy;
All inspections and conditions that are required for the service and support of the building requested for occupancy have been successfully completed and are certified for use by the proposed use(s) being requested;
Any off-site improvements related to and necessary to service the requested building for occupancy have been completed and successfully inspected; and
Any remaining on-site construction will not adversely affect the occupants or the intended use of the building requested for occupancy.
§ 270-14.7 Completion of building for which permits have been issued.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit was issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
§ 270-14.8 Certificates of occupancy.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved, or put into use, in whole or part, after the effective date of this chapter, or of any building, structure, premises, lot or land, or part thereof, the use of which is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
The Building Inspector shall obtain a written order from the Planning Board before issuing a certificate of occupancy in any case involving a special exception use pursuant to Article VIII; and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to § 270-13.4.
§ 270-14.9 Fees.
Fees for building permit applications, and for issuance of building permits and certificates of occupancy, shall be as provided in this chapter establishing the Building Code.
§ 270-14.10 Notice of violation; penalties for offenses.
Where a violation of this chapter is determined to exist, the Building Inspector shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure, or lot where such violation has been committed or shall exist; and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist; and on the agent, architect, contractor or any other such person who takes part or assists in such violation, or who maintains any building, structure, or lot in which any such violation shall exist.
Such notice shall require the removal of the violation within 10 days after service of the notice.
In cases where the removal of the violation within 10 days would be manifestly impossible, the Building Inspector shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.
If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.
Persons found guilty of such violation shall be subject to a fine not exceeding $50 or to imprisonment for not more than 60 days, or both, for each violation. Each and every week such violation continues after the altered period of time for its removal shall be deemed a separate and distinct violation.
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure, or lot, or to prevent any illegal act, conduct, business or use in or about such premises.
Any person may file a complaint with the Building Inspector regarding a violation of this chapter.
§ 270-14.11 Procedure for amendment.
The municipal legislative body may from time to time on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, including the Zoning Map, after public notice and hearing, in accordance with state law.
Petitions for amendments shall be submitted in quadruplicate to the Municipal Clerk with an application fee as shall be established by resolution of the Town of Newfane Town Board and filed in the Clerk's office.
[Amended 5-26-1999]
Any petition for a change in the Zoning Map shall include the following;
The name of the property owner.
A map accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 300 feet of all boundaries of the property to be rezoned.
A metes and bounds description of the proposed amendment.
The municipal legislative body, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given.
Every such proposed amendment or change, whether initiated by the municipal legislative body or by petition, may be referred to the Planning Board for review and recommendation before the public hearing is held thereon. The Planning Board shall report to the Town Board no more than 75 days from the date of referral by the Town Board with a recommendation for approval, denial or conditional approval subject to amendments to the proposal. Failure to report within the stated time shall be deemed a favorable recommendation enabling the Town Board to proceed with the public hearing and determination of the request.
[Amended 5-26-1999]
Proposed amendments that must be referred to the Niagara County Economic Development and Planning Commission under the provisions of § 239-m of Article 12-B of the General Municipal Law shall be transmitted as soon as possible and in any case prior to the public hearing.
The municipal legislative body shall require the petitioner to submit evidence that he has notified by certified mail, receipt requested, all property owners within 300 feet of all boundaries of the affected property.
The municipal legislative body shall reserve decision on all zoning amendments or changes that must be referred to the Niagara County Economic Development and Planning Commission until its report has been presented, provided that such report is presented within a period of 30 days after the Niagara County Economic Development and Planning Commission receives such referral.
Upon adoption of a change in the Zoning Map pursuant to a petition, the petitioner shall cause a monument to be placed at one location on the property's street frontage, and shall also file with the Municipal Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.