Northeast Town City Zoning Code
PART 3
Administration and Enforcement
[1]
Editor's Note: Original Art. XII of the 1979 Code, Violations, was repealed 9-8-2011 by L.L. No. 4-2011.
§ 180-82 Purpose and intent.
This article provides for the administration and enforcement of this chapter and the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the New York State Energy Conservation Construction Code (the Energy Code). This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
§ 180-83 Code Enforcement Officer and inspectors.
A.
Creation and duties. The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the Energy Code. The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building permits, certificates of use, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates of occupancy, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy; temporary certificates and operating permits; firesafety and property maintenance inspections; inspections incidental to the investigation of complaints and all other inspections required or permitted under any provision of this chapter;
(4)
To issue stop-work orders and/or compliance orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to § 180-97, Enforcement; penalties for offenses;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings and/or criminal proceedings to enforce provisions of the Uniform Code and/or Energy Code;
(10)
In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code or the Energy Code, or to abate or correct conditions not in compliance with the Uniform Code or the Energy Code;
(11)
To enforce the provisions of Chapter 95, Flood Damage Prevention; and[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12)
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B.
Appointment and qualifications. The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel. The Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C.
Acting Code Enforcement Officer. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D.
Deputy. One or more deputies may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Deputy shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E.
Compensation. The compensation for the Code Enforcement Officer and deputies shall be fixed from time to time by the Town Board.
§ 180-84 Zoning Enforcement Officer (ZEO).
A.
Creation and duties. The Office of Zoning Enforcement Officer is hereby created. The Zoning Enforcement Officer (ZEO) shall administer and enforce all provisions of this chapter, as well as all rules, conditions and requirements specified hereunder by the Zoning Board of Appeals and the Planning Board. The ZEO shall have the following powers and duties:
(1)
To review all applications submitted to the Town of North East pursuant to this chapter and shall either act directly on the application or refer the application to the appropriate agency or person.
(2)
To receive and review all applications for a special use permit, site plan review and subdivision review pursuant to the provisions of this chapter. The application shall be forwarded by the ZEO to the Planning Board for review in accordance with the provisions of this chapter and/or Chapter 150, Subdivision of Land, of the Code of the Town of North East. In the event the ZEO finds that the application does not comply in one or more respects with the provisions of this chapter, the application shall be revised by the applicant accordingly or denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this chapter.
(3)
To review all applications for building permits for compliance with the provisions of this chapter.
(4)
To receive, review and approve or disapprove applications for a zoning permit, sign permit and certificate of use, and the plans, specifications and construction documents submitted with such applications, as authorized or required by this chapter upon finding conformity with the requirements and regulations of this chapter; and refuse with reasons to issue same in the event of noncompliance.
(5)
To conduct inspections to ensure compliance during implementation of zoning related permits as issued by the Planning Board, Zoning Board of Appeals and ZEO.
(6)
Upon approval and compliant implementation of any application for a special use permit, site plan approval, Zoning Permit or for any other change in use requiring the issuance of a building permit, the ZEO shall issue a certificate of use in accordance with § 180-89 of this chapter verifying that the use complies with the provisions of this chapter and the requirements and conditions imposed by the Planning Board.
(7)
To conduct inspections prior to the issuance of a certificate of use and inspections incidental to the investigation of complaints and all other inspections required or permitted under any provision of this chapter.
(8)
To issue stop-work orders, notices of violations and/or compliance orders.
(9)
To review and investigate complaints.
(10)
To issue orders pursuant to § 180-97, Enforcement; penalties for offenses.
(11)
To maintain records of all administrative actions and papers.
(12)
To collect fees set by the Town Board.
(13)
To pursue administrative and criminal enforcement actions and proceedings and/or criminal proceedings to enforce the provisions of this chapter.
(14)
To consult with the Town Attorney in the pursuit of such legal actions and proceedings as may be necessary to enforce the provisions of this chapter.
(15)
To exercise all other powers and fulfill all other duties conferred upon the ZEO by this chapter.
B.
Inspection authority. The ZEO or a duly authorized deputy shall have the right to enter upon, examine and inspect or cause to be entered, examined and inspected any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the ZEO.
C.
Appointment and qualifications. The ZEO shall be appointed by the Town Board. The ZEO shall possess background and experience relating to the enforcement, interpretation, application and enforcement of this chapter which shall, within the time period prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York and/or the Town shall require for the ZEO.
D.
Acting Zoning Enforcement Officer (Acting ZEO). In the event the ZEO is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting ZEO. The Acting ZEO shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the ZEO by this chapter.
E.
Deputy. More deputies may be appointed by the Town Board to act under the supervision and direction of the ZEO and to assist the ZEO in the exercise of the powers and fulfillment of duties conferred upon the ZEO by this chapter. The Deputy ZEO shall possess the background and experience relating to the enforcement, interpretation, application and enforcement of zoning laws which shall, within the time period prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York and/or the Town shall require for the ZEO.
F.
Compensation. Compensation of the ZEO and deputies shall be fixed from time to time by the Town Board.
§ 180-85 Building permits.
A.
Building permit required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof; and the installation of a solid fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. A building permit shall not be required for work in any of the following categories:
(1)
Construction or installation of one-story detached structures associated with single- or two-family dwellings or single-family attached dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet;
(2)
Installation of swings and other playground equipment associated with single- or two-family dwelling or single-family attached dwellings (townhouses);
(3)
Installation of swimming pools associated with single- or two-family dwelling or single-family attached dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure surrounding a swimming pool and which are less than six feet in height;
(5)
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a single- or two-family dwelling or single-family attached dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11)
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load bearing component;
(b)
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any building system; or
(d)
The removal from service of all or part of a fire protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code;
(e)
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines; and
(f)
Proof of required New York State Workers' Compensation Insurance.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H.
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I.
Time limits. A building permit shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit shall expire 12 months after the date of issuance. No less than 15 days prior to expiration, a permit holder may apply for an extension(s), and no extension shall exceed six months duration at any one time. The Code Enforcement Officer may extend the time limit where the applicant demonstrates good cause as to why construction could not be completed within the applicable time frame. A building permit which has become invalid or which has expired pursuant to this article may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
(1)
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and
(2)
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in the fee schedule adopted by the Town Board must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
§ 180-86 Construction inspections.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in the Town fee schedule must be paid prior to or at the time of each inspection performed pursuant to this article.
§ 180-87 Stop-work orders.
A.
Authority to issue. The Code Enforcement Officer and Zoning Enforcement Officer are authorized to issue stop-work orders pursuant to this section for the following:
(1)
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
(4)
Any work that is determined by the Zoning Enforcement Officer to be conducted in violation of this chapter, including, but not limited to, work conducted on land, a building or structure for which a special use permit and/or site plan approval is required but has not been obtained.
B.
Content of stop-work order. A stop-work order shall:
(1)
Be in writing;
(2)
Be dated and signed by issuing officer;
(3)
State the reason or reasons for issuance; and
(4)
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C.
Service of stop-work order. The Code Enforcement Officer or ZEO shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered or certified mail. The Code Enforcement Officer or ZEO 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 registered or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in § 180-97, Enforcement; penalties for offenses, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 180-97 of this chapter or under any other applicable zoning law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
§ 180-88 Certificate of occupancy.
A.
Certificate of occupancy required. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.
B.
Issuance of certificate of occupancy. The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:
(1)
A written statement of structural observations and/or a final report of special inspections; and
(2)
Flood hazard certifications.
C.
Contents of certificate of occupancy. A certificate of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of the permit;
(10)
Identification of all other board or agency approvals issued for the work, together with the date of final approval; and
(11)
The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.
D.
Temporary certificate.
(1)
The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines:
(a)
That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;
(b)
That any fire- and smoke-detecting or fire protection equipment which has been installed is operational;
(c)
That all required means of egress from the building or structure have been provided.
(2)
The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
E.
Revocation or suspension of certificate. If the Code Enforcement Officer determines that a certificate of occupancy or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in the Town fee schedule must be paid at the time of submission of an application for a certificate of occupancy or for temporary certificate.
§ 180-89 Certificate of use.
A.
Certificate of use required. A certificate of use shall be required for any change of use or institution of new use for which a building permit is required, and for any use, building or structure for which a special use permit and/or site plan approval has been issued by the Planning Board and/or Zoning Board of Appeals. A certificate of use shall also be required for any structure or building, or portion thereof, for which a certificate of occupancy is required under this chapter.
B.
Issuance of certificate of use.
(1)
The Zoning Enforcement Officer shall issue a certificate of use if he or she has determined:
(a)
All work has been completed in accordance with the building permit and the Code Enforcement Officer has issued a certificate of occupancy;
(b)
The use of the land, building and structure and/or the building or structure complies with the provisions of this chapter;
(c)
The applicant has complied with all conditions imposed by the Planning Board;
(d)
The applicant has completed all of the infrastructure and site improvements required by the Planning Board approval; and
(e)
The applicant has posted the requisite security for the completion of those improvements, as required by the Planning Board and the Town Board.
(2)
The Zoning Enforcement Officer shall inspect the land, building or structure prior to the issuance of the certificate of use. Prior to the issuance of the certificate of use, the applicant shall provide a written statement to the Zoning Enforcement Officer of the applicant's intended use of the land, building and/or structure.
C.
Content of certificate of use. A certificate of use shall contain the following information:
(1)
The building permit number, if any.
(2)
The date of the issuance of the building permit and/or certificate of occupancy.
(3)
The name, address and Tax Map number of the property.
(4)
If the certificate of use is not applicable to an entire building, structure or land, a description of that portion of the building, structure or land for which the certificate of use is issued.
(5)
Approved use and occupancy classification of the land, building and/or structure.
(6)
Any special conditions imposed by the ZEO with the issuance of the certificate, which may include those set forth in a Planning Board or Zoning Board of Appeals decision.
(7)
The signature of the ZEO issuing the certificate of use and the date of issuance.
D.
Temporary certificate of use. The Zoning Enforcement Officer is authorized to issue a temporary certificate of use allowing the temporary use of the land, building or structure, or portion thereof, prior to completion of all work and satisfaction of conditions imposed by the Planning Board. However, in no event shall the ZEO issue a temporary certificate of use unless the ZEO determines the land, building or structure, or portion thereof, covered by the temporary certificate may be used or occupied safely, and shall not cause harm to neighboring property owners. If any bonds or other security have been, or will be, required by the Planning Board for the completion of infrastructure, no temporary certificate of use shall be issued unless the bonds or other security have been posted in accordance with the requirements of the Planning Board and Town Board.
E.
Revocation or suspension of certificate of use. If the ZEO determines that a certificate of use or temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the ZEO within such period of time shall be specified by the ZEO, the ZEO shall revoke or suspend such certificate.
F.
Fee. The fee specified or determined in accordance with the Town fee schedule must be paid at the time of the submission of an application for a certificate of use or temporary certificate.
§ 180-90 Filing of administration decision at time of appeal.
A.
Each building permit, certificate of occupancy, notice of violation, compliance order, operating permit, stop-work order, temporary certificate, order, requirement, decision, interpretation or determination of the Code Enforcement Officer or ZEO (hereinafter referred to collectively as "order") shall be filed in the office of such official within five business days from the date it is rendered and shall be a public record.
B.
An appeal to the Zoning Board of Appeals shall be taken within 60 days after the filing of any such order by filing with the official a notice of appeal specifying the grounds thereon and the relief sought. The official from whom the appeal is taken shall, forthwith, transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.
C.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the ZBA, after the notice of appeal shall have been filed with the official, that by reason of facts stated in the certificate, a stay would in his or her 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 ZBA or by a court of record on application, on notice to the official from whom the appeal is taken, and on due cause shown.
§ 180-91 Notification regarding fire or explosion.
The Chief of any Fire Department providing firefighting services within the Town of North East shall promptly notify the Code Enforcement Officer and ZEO of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
§ 180-92 Operating permits.
A.
Operating permit required. An operating permit shall be required for conducting the activities or using the categories of buildings listed below. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
(1)
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(2)
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling, however, this subsection is not intended to apply to "sound agricultural practices" as regulated by the New York State Department of Agriculture and Markets;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly as regulated by Chapter 3 of the NYS Building Code with an occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board.
B.
Applications for operating permit. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permit. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance with the provisions set forth in the Town fee schedule must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
§ 180-93 Firesafety and property maintenance inspections.
A.
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A above, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be in that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(2)
Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained;
C.
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in the Town fee schedule must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
§ 180-94 Complaints.
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 180-97, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order and/or compliance order;
D.
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
§ 180-95 Recordkeeping.
A.
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by the officer and personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy temporary certificates, stop-work orders, and operating permits and certificates of use issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or contemplated by this article of this chapter; and
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
§ 180-96 Program review and reporting.
A.
The Code Enforcement Officer and ZEO shall each annually submit to the Town Board a written report and summary of all business conducted by the officer, including a report and summary of all transactions and activities described in § 180-95, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town of North East, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town of North East is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.
§ 180-97 Enforcement; penalties for offenses.
A.
Compliance orders.
(1)
The Code Enforcement Officer and Zoning Enforcement Officer are authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the officer shall issue a compliance order or order to remedy. The compliance order or order to remedy shall:
(a)
Be in writing;
(b)
Be dated and signed by the officer;
(c)
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e)
Specify the period of time which the officer deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period of time; and
(g)
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2)
The officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered or certified mail. The officer shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by registered or certified mail; provided, however, that failure to serve any person mentioned in this subsection shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector and ZEO are authorized to issue appearance tickets for any violation of the Uniform Code or this chapter as may be authorized by the Town Board on a case-by-case basis in accordance with the requirements of Town law.
C.
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of use, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted by the Town of North East.
D.
Criminal penalties and enforcement. Any violation of the Uniform Code, Energy Code or 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; upon 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 of 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. For the purpose of conferring jurisdiction upon the courts and judicial officers generally, violations of the Uniform Code, Energy Code or 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 violation shall constitute a separate additional violation.
E.
Injunctive relief. An action or proceeding may be instituted by the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of use, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer or ZEO pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this section shall be commenced without the appropriate authorization from the Town Board.
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 180-87, Stop-work orders, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 180-87, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
§ 180-98 Intermunicipal agreements.
The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement in the name of this Town with other governments to carry out the terms of this article, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
§ 180-99 Creation, appointment and organization.
A.
A Zoning Board of Appeals shall be maintained in accordance with § 267, Article 16, of the Town Law. Said Board shall consist of five members appointed by the Town Board for staggered terms of five years, so that one term terminates each year.
B.
The Town Board shall annually designate the Chairman of the Zoning Board of Appeals, while the Board shall annually designate its Secretary and may prescribe reasonable rules, in addition to those provided herein, for the conduct of its affairs. No person who is a member of the Town Board or Planning Board shall be eligible for membership on such Board of Appeals.
§ 180-100 Powers and duties.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
A.
Interpretation. The Zoning Board of Appeals may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, interpretation or decision appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made by the administrative official, i.e., the Code Enforcement Officer or Zoning Enforcement Officer, charged with the administration and enforcement of this chapter and to that end shall have all the power of the administrative official from whose order, requirement or decision the appeal is taken.
B.
Use variances.
(1)
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Enforcement Officer, shall have the power to grant use variances, authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
(2)
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that for each and every permitted use under the zoning regulations for the particular district where the property is located the applicable regulations and restrictions imposed by this chapter have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals compliance with each of the following criteria:
(a)
That under the applicable regulations and restrictions imposed by this chapter, the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b)
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
(c)
That the requested use variance, if granted, will not alter the essential character of the district or neighborhood.
(d)
That the alleged hardship has not been self-created.
(3)
The Board of Appeals, in the granting of a use variance, shall grant the minimum variance that is deemed necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
C.
Area variances.
(1)
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Enforcement Officer, shall have the power to grant area variances from the area or dimensional requirements of this chapter.
(2)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board of Appeals shall also consider each of the following factors:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
(b)
Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether granting of the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district.
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3)
The Board of Appeals, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D.
Special use permit approval.
(1)
The Zoning Board of Appeals shall have the power to issue use permits in accordance with Article VI of this chapter.
(2)
In acting on any special use permit application, the Board of Appeals shall apply the standards and follow the procedure set forth in Article VI of this chapter. To the extent that the procedures prescribed for special use permit applications in Article VI are different from, or inconsistent with, the procedures of the Board of Appeals set forth in § 180-101 of this article, the procedures prescribed in Article VI shall apply.
§ 180-101 Procedures.
In exercising its powers as set forth in § 180-100A, B and C of this article, the Zoning Board of Appeals shall act in strict accordance with the procedures specified by §§ 267-a and 267-b of the Town Law and this chapter.
A.
Meetings. Meetings shall be held at the call of the Chairman or at such other times as the Zoning Board of Appeals may determine. A quorum shall consist of a majority of the members, but in order to reverse a decision of the Code Enforcement Officer or Zoning Enforcement Officer or to authorize a variance, an affirmative vote of at least three members shall be required. A favorable vote of a majority, plus one, i.e., of at least four members, shall also be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Dutchess County Department of Planning under the provisions of § 239 of the General Municipal Law. The Board shall keep accurate minutes of its proceedings documenting fully all findings and showing the vote of each member upon each question. All meetings and deliberations of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.
B.
Application and fee. All appeals and applications made to the Board shall be in writing, submitted in triplicate on forms prescribed by the Board, within 60 calendar days of the filing of any action appealed from, and shall be accompanied by the applicable fee in accordance with the fee schedule annually reviewed and established by the Town Board. Every appeal or application shall refer to the specific provision of this chapter that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance that is applied for and the ground on which it is claimed that such variance should be granted. Each application shall also be accompanied by a short or full environmental assessment form as required by the Zoning Board of Appeals pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617.
C.
Public notice and hearing. The Board shall fix a reasonable time and place for a public hearing on such appeal or application, of which hearing date the appellant shall be given notice and at which hearing he shall either appear in person or be represented by an agent. Any other interested party may appear at such public hearing in person, by attorney or other agent, or submit comments in writing for receipt prior to the public hearing.
(1)
The Board shall additionally provide notice as follows:
(a)
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
(b)
By requiring that the Secretary of the Zoning Board of Appeals or other designated Town employee provide notice, at least five calendar days prior to the date thereof, of the substance of every appeal for a variance, together with a notice of the hearing thereon by certified mail, return receipt requested, to the owners of all property abutting or directly opposite the land involved in the appeal or otherwise lying within 300 feet of the intended use. Compliance with this notification procedure shall be certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
(2)
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town. Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Board of Appeals in either granting or denying an appeal for a variance from a specific provision of this chapter.
D.
Required referrals.
(1)
A full statement of any appeal that meets the specific referral requirements of §§ 239-1 and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. No action shall be taken by the Zoning Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Department or 30 calendar days have elapsed since the Planning Department received such full statement.
(2)
Such actions shall include those which affect property located within 500 feet of the following:
(a)
A municipal boundary;
(b)
The boundary of any existing or proposed county or state park or other recreation area;
(c)
A right-of-way of any existing or proposed county or state road or highway;
(d)
An existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(e)
An existing or proposed boundary or any county- or state-owned land on which a public building or institution is situated.
(3)
The Zoning Board of Appeals shall additionally refer to the Town Planning Board all applications for use variances and may refer to the Planning Board any other matters it deems pertinent for review and recommendation. The Board of Appeals shall defer any decision on the application for a period of 30 days to permit a report thereon to be issued by the Planning Board. Upon failure to submit such report to the Board of Appeals within 30 calendar days, the Planning Board shall be deemed to have waived its opportunity to comment on the matter being referred.
E.
Decisions. Every decision of the Zoning Board of Appeals on an appeal or other application shall be made within 62 calendar days of the close of the hearing by the Board, shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and contain a full record of the findings on which the decision is based, including record of compliance with the applicable provisions of SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617. Every decision shall be by resolution of the Board, with such decision being filed in the office of the Town Clerk within five business days thereof, with a copy mailed to the applicant. The Board shall also notify the Zoning Enforcement Officer, the Code Enforcement Officer, the Secretary of the Planning Board and any affected municipality given notice of hearing of its decision in each case. If applicable, a report on the action taken shall also be filed within seven calendar days thereof with the Dutchess County Department of Planning.
F.
Attachment of conditions. The Zoning Board of Appeals shall, in the granting of both use and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G.
Expiration of approval. Unless construction or use is diligently commenced within one calendar year from the date of the granting of a variance, such variance shall become null and void without further hearing and subsequent action by the Zoning Board of Appeals.
H.
Strict construction. All provisions of this chapter pertaining to the Zoning Board of Appeals shall be strictly construed. The Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this article have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.
§ 180-102 Effect of appeal.
Unless the Zoning Enforcement Officer or the Code Enforcement Officer, the latter as applicable in case of compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, finds there to be an imminent threat to either life or property, an appeal stays all proceedings by either the Town or appellant in furtherance of the action which is the subject of the appeal.
§ 180-103 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through 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 specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.
§ 180-104 Zoning text and map amendments.
A.
The regulations, restrictions and mapped zoning district boundaries established by this chapter may from time to time be amended, supplemented, changed, modified or repealed by the Town Board by adoption of a local law pursuant to the provisions of Municipal Home Rule Law Article 3 and 10 in one of the following ways:
(1)
Upon motion of the Town Board;
(2)
Upon recommendation by the Planning Board; or
(3)
By applicant petition (as provided below).
B.
Legislative act. Consideration of a zoning text or map amendment is a legislative act within the sole discretion of the Town Board. Nothing herein shall require the Town Board to consider any amendment, or any amendment recommended by the Planning Board, or any amendment proposed by an applicant petition. Further, the Town Board at its sole discretion may stop or suspend any such consideration at any time for no stated reason.
C.
Applicant petitions.
(1)
An applicant petition shall be submitted in writing in a form as required by the Town Board and content as prescribed by the requirements below together with a fee payable to the Town of North East in accordance with the Town Board fee schedule, including reimbursement of any professional consulting fees pursuant to § 180-28 of this chapter.
(2)
An applicant petition shall be signed by the applicant and if related to a specific property by all owners of the property or accompanied by a notarized letter from all owners authorizing the applicant and petition as proposed.
(3)
An applicant petition shall be accompanied by a zone change narrative including a comprehensive analysis of the potential impacts of the proposed change, including but not limited to the following:
(a)
Details as to the need for the proposed amendment and identification of the potential benefits to the Town.
(b)
A comparison of potential positive and negative aspects of the proposed amendment change.
(c)
A qualified assessment of how the proposed amendment is consistent with the purposes and recommendations of the Town's Comprehensive Plan, including identification and discussion of any specific recommendations therein regarding the proposed amendment.
(d)
A qualified assessment of how the proposed amendment is consistent with the purposes of the underlying (existing or proposed) zoning district classification and applicable (existing or proposed) zoning requirements.
(e)
A qualified assessment of the limitations hindering current use and development under the existing underlying zoning district and/or regulations.
(f)
Identification of any land or natural resource limitations (e.g., steep slopes, wetlands or watercourses, ledge, or bedrock, etc.)
(g)
A qualified assessment concerning potential changes affecting existing land uses and development patterns and density, traffic flow and generation, stormwater runoff, historical and cultural aesthetics, visual conditions and connections, and other environmental impact concerns, as well as any differences or similarities regarding such.
(h)
A qualified assessment of the suitability of the affected lands for future development purposes in comparison to the existing zoning classification and/or regulations.
(i)
A suitability analysis (utilizing both text and graphic formats) of the subject parcel(s) and surrounding area to support the land demands, development components and other location characteristics associated with the functional and operational aspects of the proposed change in zoning.
(j)
Assessment of potential issues resulting from zone fragmentation or potential for spot zoning.
(4)
Zoning Map amendment. An applicant petition to establish a new zoning district or a change to the boundaries of an existing zoning district shall also be accompanied by the following:
(a)
A legal description and certified survey map of the subject property.
(b)
A rezoning map showing the following:
[1]
Existing topographic (two-foot contours) and land characteristics (i.e., buildings, structures, land coverage types, wetlands and watercourses, floodplain, rock ledge and outcrops, etc.) of the area referred to in the petition.
[2]
Identification of the lots involved by owner name, street address and tax map identification.
[3]
Identification of abutting lots and the names of all property owners per current tax map records for all lots or portions thereof within 500 feet of the subject property perimeter boundary.
[4]
The location of any Town boundary within 500 feet of the subject property, as well as other existing zoning district boundaries.
(c)
The Town Board may require conceptual development plans of the land based on the proposed zoning change to better understand potential suitability of the subject property for the proposed change.
(5)
Zoning text amendment. An applicant petition to amend the existing zoning regulations text shall also be accompanied by the following:
(a)
Identification of the specific section or sections of the existing zoning regulations to be amended.
(b)
The petition shall precisely set forth the existing provisions to remain, the specific provisions to be changed, and the provisions to be substituted, deleted, or added. Deletions shall be graphically shown with strike-out text (i.e., strike-out). Additions shall be shown as double underlined text (i.e., double underlined). Text to remain shall be shown as plain text. Color text such as gray text to be deleted and blue text to be added may also be included along with the required strike-out and double underlined text graphics.
(6)
Other project specific analyses and reports prepared by qualified professionals may be required, the scope of which shall be subject to prior Town Board review and acceptance.
(7)
The Town Board may require an impact analysis be performed on the potential build-out condition resulting from the proposed zone change.
(8)
The Town Board may require the submission of additional information as deemed necessary to make a reasonable review of the petition application and to determine compliance with the intent and purpose of this chapter and the Town's Comprehensive Plan.
D.
Planning Board referral.
(1)
Prior to a public hearing, the proposed amendment shall be referred by the Town Board to the Planning Board for a report, unless the proposed amendment was initiated by the Planning Board.
(2)
The Town Board shall not take final action on any such amendment without such a report from the Planning Board unless the Planning Board fails for any reason to render such report within 60 days following the date of the referral, or as otherwise may be agreed to by the Town Board.
(3)
In reviewing a referred amendment, the Planning Board's report shall address, among other things, the following:
(a)
The amendment's consistency with the goals and recommendations of the Town's Comprehensive Plan and other adopted municipal plans, and the effects upon the growth of the Town.
(b)
The amendment's consistency with the objectives and purposes embodied in the Zoning Law and as applied to the zoning district(s) concerned.
(c)
The amendment's potential impact upon existing land use patterns of the underlying zoning district and abutting properties.
(d)
The amendment's appropriateness and the suitability of the proposed or modified land uses involved for the area affected.
(e)
The adequacy of existing public services and school facilities and other support facilities should the amendment be adopted.
(f)
The likeliness of an increase or decrease in the total zoned commercial and/or residential capacity within the Town and the probable effects thereof caused by the adoption of the proposed amendment.
(g)
The indirect implications of such change in its effect on other regulations.
E.
County Planning referral.
(1)
All amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet of any one of the following shall be referred to the Dutchess County Department of Planning and Development as required by General Municipal Law § 239-l and m:
(a)
The municipal boundary of the Town of North East.
(b)
The property boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, which are shown on a County Comprehensive Plan of Dutchess County adopted pursuant to General Municipal Law § 239-d, Subdivision 2, or adopted as an Official Map of Dutchess County pursuant to General Municipal Law § 239-g.
(c)
The right-of-way of any existing or proposed stream or drainage channel owned by Dutchess County for which the county has established channel lines.
(d)
The existing or proposed property boundary of any county or state-owned land on which a public building or institution is situated.
(e)
The property boundary of a farm operation located in an Agricultural District, as defined by Agriculture and Markets Law Article 15-AA.
(2)
If the Dutchess County Department of Planning and Development fails to report within 30 days of receipt of a full statement of such referred matter, the Town Board may act without such a report.
(3)
If the Dutchess County Department of Planning and Development disapproves of the proposed amendment, supplement, change or modification or recommends modification of the proposal, the Town Board shall not act contrary to such disapproval or recommendation except by vote of a majority, plus one, of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act.
(4)
Final action report. Within 30 days after final action, the Town Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development. Said report shall include the reasons for any contrary action taken by the Town Board to a recommendation of modification or disapproval of a proposed action.
F.
Public hearing.
(1)
No changes shall become effective until after a public hearing in relation thereto, at which the public shall have an opportunity to be heard.
(2)
The Town Board shall fix the time and place of a public hearing and cause service of written notice thereof as provided in NYS Town Law § 264 and § 265.
(3)
At least 10 days prior to the date of the public hearing:
(a)
Written notice shall be published in a paper of general circulation in the town; and
(b)
Written notices shall be personally served or sent by mail to those persons listed below where the proposed action affects property within 500 feet of the following:
[1]
The property of a housing authority erecting or owning a housing project authorized under the public housing law; upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
[2]
The municipal boundary of a city, village or town; upon the clerk thereof.
[3]
The boundary of a county; upon the clerk of the board of supervisors or other person performing such duties.
[4]
The boundary of a state park or parkway; upon the regional state park commission having jurisdiction over such state park or parkway.
(4)
For petitions seeking to amend the zoning map, written notice shall be sent by certified mail, return receipt requested, to all property owners within a distance of 500 feet of the boundaries of the affected property. The preparation and cost of the publication and mailing of any notice required for a public hearing relating to a petition shall be at the cost and expense of the petitioner.
G.
Adoption.
(1)
The Town Board resolution adopting a zoning change shall be entered into the minutes of the Town Board and, in the case of a zoning district map amendment, the change shall be graphically depicted on the official Zoning Map filed in the Town Clerk's office.
(2)
An adopted amendment shall become effective immediately upon its filing in the office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, specifically Municipal Home Rule Law § 27.
(3)
The provisions of NYS Town Law § 265.1 regarding written protests to proposed map or text amendments to the Zoning Law shall not apply to the Town of North East.
§ 180-105 Adoption; use.
By Chapter 26, Greenway Connections, of the Code of the Town of North East, the Town of North East has adopted Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles and guides. In its discretionary actions under this chapter, the reviewing agency shall be guided by said statement of policies, principles and guides.
