Orangetown City Zoning Code
ARTICLE X
Administration and Enforcement
§ 10.1 Interpretation.
10.11.
Regulations are to be regarded as minimum provisions. In their interpretation and application, the regulations of this code shall be considered to be minimum provisions for the protection and promotion of public health, safety, morals, convenience, comfort, prosperity and other aspects of general welfare, and more particularly for the purpose set forth in § 1.0. It is hereby declared to be the legislative intent that this code shall be regarded as remedial, to help in providing for all residents of the Town the benefits of an orderly pattern of development, and this code shall therefore be construed liberally to further its underlying purpose.
10.12.
Other ordinances, codes and private agreements. This code is not intended to interfere with, abrogate or annul any other code, regulation or other provisions of law or any easement, covenant or other private agreement or legal relationship. When this code imposes restriction on use or bulk different from those imposed by any other statute, code, regulation or other provision of law or by any easement, covenant or private agreement or legal relationship, whichever provisions are more restrictive, or impose higher standards, shall control.
§ 10.2 Enforcement.
10.21.
Inspector. This code shall be enforced by the Office of Building, Zoning and Planning Administration and Enforcement,[1] by the Director thereof, the inspectors employed by that office and by the Code Enforcement Officer, said Director and inspectors and Code Enforcement Officer being collectively hereinafter referred to and throughout this code as "inspector." It shall be the duty of the inspector and he is hereby empowered to:
[Amended 9-10-1991 by L.L. No. 21-1991]
(a)
Inspect any building or land to determine whether any violations of this code have been committed or exist;
(b)
Issue a permit and/or a certificate of occupancy when compliance is made with the regulations, refuse to issue the same in the event of noncompliance, and give written notice of such refusal and the reason therefor to the applicant;
(c)
Keep the Town Board and Board of Appeals advised of all matters other than routine duties pertaining to the enforcement of this code; make and keep all records necessary and appropriate to the office, including records of the issuance and denial of all permits and certificates of occupancy and of receipt of complaints of violation of this code and action taken on the same; and to file such records in the office of the Town Clerk as public records; and
(d)
Order in writing the remedying of any condition found in violation of this code and take all other necessary legal steps to enforce this code.
(e)
Administrative liability. No officer, agent or employee of the Town of Orangetown shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code. Any suit brought against any officer, agent or employee of the Town of Orangetown as a result of any act required or permitted in the discharge of his duties under this code shall be defended by the Town Attorney until the final determination of proceedings therein.
10.22.
Permits.
10.221.
A permit is required for all zoning uses in all zones except that a permit is not required in a residential zone for fences or walls, trellises, arbors, terraces not exceeding two feet above ground level and for the type of signs set forth in Use Table, R-80, Column 5, Nos. 11 and 13. A permit is required for:
[Amended 3-15-2016 by L.L. No. 2-2016]
(a)
All building uses, alterations and construction:
(b)
A commercial or business use which has a subsisting certificate of occupancy, or a commercial or business use that is legally existing and predates adoption of the Zoning Code, the operator or proprietor of which changes from the operator or proprietor to whom the certificate of occupancy was issued, or the operator or proprietor of which changes after adoption of this § 10.221(b) if the use legally existed and predated adoption of the Zoning Code; and
(c)
For all other purposes as specified in all of the existing local laws and ordinances of the Town of Orangetown.
10.222.
Permits granted only in conformance with regulations.
[Amended 7-24-2018 by L.L. No. 8-2018]
A.
No permit shall be issued unless the proposed construction and use are in full conformity with all the provisions of this Zoning Code, and all other applicable land use and/or building statutes, codes, laws, ordinances or regulations. Any permit issued in violation of the provisions of this Zoning Code shall be null and void, and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken, or use established, pursuant to any such permit shall be unlawful.
B.
After the effective date of this Zoning Code, division of any parcel of land shall conform to all the applicable bulk regulations, except as permitted under § 5.21 of this Code.
C.
The Inspector may revoke a permit theretofore issued, and approved, in the following instances:
(i)
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans, drawings, plat or specifications on which the permit was based;
(ii)
Where he finds that the permit was issued in error, and should not have been issued in accordance with the applicable law(s);
(iii)
Where he finds that the work performed under the permit is not being conducted in accordance with the provisions of the application, plans, drawings, plat or specifications;
(iv)
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Inspector; or
(v)
Where he finds that the conditions of any applicable Orangetown land use board approval decisions have not been complied with.
D.
Whenever the Inspector has reasonable grounds to believe that work on any land, building or structure is being conducted in violation of the provisions of any applicable land use and/or building statutes, codes, laws, ordinances or regulations, or not in conformity with the provisions of an application, plans, drawings, plat or specifications, or the conditions of any applicable Orangetown land use board approval decisions, on the basis of which a permit was issued, or in an unsafe and dangerous manner, the Inspector shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work, and suspend all building activities, until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by United States Postal Service first-class mail.[2]
[2]
Editor's Note: Former Subsection E, pertaining to revoking building permits and certificates of occupancy after holding a public hearing, was repealed 7-13-2021 by L.L. No. 6-2021.
10.223.
Applications for a permit shall be made to the Inspector on forms provided by him and shall contain the following information:
(a)
A description of the land on which the proposed work is to be done.
(b)
A statement of the use or occupancy of all parts of the land and of the buildings or structures.
(c)
The valuation of the proposed work as determined by the Inspector.
(d)
The full name and address of the owner and of the applicant or the names and addresses of the responsible officers of any corporate applicant.
(e)
A brief description of the nature of the proposed work.
(f)
Such other information as may reasonably be required by the Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, codes and regulations.
(g)
Applications for permit in a designated critical environmental area (CEA) on Town Zoning Map.
[Added 9-14-1988 by L.L. No. 7-1988; amended 5-9-1994 by L.L. No. 4-1994; 7-13-2021 by L.L. No. 6-2021; 9-13-2022 by L.L. No. 3-2022]
[1]
Upper Grandview and Environs and South Nyack Mountainous Area CEAs.
[a]
Applications for a permit for new construction, additions or exterior modifications within these designated critical environmental areas shall be accompanied by a site plan which shows the existing contours (at two-foot intervals), all existing trees (as hereinafter specified), construction limit lines, all proposed construction and site alterations, drainage calculations and soils data as required by the Inspector. Said applications shall be referred by the Inspector to the Planning Board for site plan approval.
[b]
Said applications shall be referred by the Inspector to the Rockland County Soil and Water Conservation District, which shall make specific requirements for erosion control during construction, and such erosion control requirements shall be a condition of a permit and shall be strictly enforced.
[c]
Review by the Rockland County Soil and Water Conservation District may be waived, at the discretion of the Inspector, for sites having an average grade of 15% or less.
[d]
In addition, all trees measuring eight inches in diameter at a height measured 54 inches from the ground, existing on any site within the designated Critical Environmental Area, for which an application for a permit has been submitted, shall remain as existing, with the exception of those trees whose removal is deemed essential by the Inspector in order to implement the construction to be undertaken.
[i]
Those trees whose removal is deemed essential by the Inspector shall be marked by the Inspector below the chop line.
[ii]
In determining whether a tree may be removed, the Inspector shall consider the following:
[A]
The necessity of removing the tree in order to allow reasonable economic use of the property.
[B]
The effect of the removal on erosion, soil moisture retention and flow of surface waters.
[C]
Whether the removal of the tree would substantially alter the water table or affect the stabilization of ground and surface water.
[D]
Whether the topography of the area in which the trees are located is such that the removal of such trees will result in damage to the environment through erosion.
[e]
Applications shall be made by the owner or lessee, or by agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application. Each application for a permit shall be accompanied by the required permit fees and copies of plan documents, drawn to scale on durable paper, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines and, if required by the Inspector, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data, including approval of drainage by the Town Engineer or consulting engineers. Plans and specifications shall bear the signature of the person responsible for the design and drawings. Applications for uses requiring special permits from the Zoning Board of Appeals (or the Town Board) shall contain such additional information required for such boards to make any special findings or additional requirements and conditions specified for any such use in Use Table, Column 3, or in § 4.3. Applications for uses subject to performance standards procedure shall contain such additional information set forth in § 4.121(c). Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Inspector.
[2]
Hudson River CEA. This mapped area in the South Nyack Hamlet is generally east of Piermont Avenue and specifically in a polygon bounded by the entire easterly shoreline along the Hudson River, extending along the former northern boundary of the village, as it extended along a line east of Cedar Hill Avenue, along the northerly property line of the February 2020 PID 66.46-2-11, plus on the eastern side of the center line of Piermont Avenue, and along the former southern boundary of the Village of South Nyack, Piermont Avenue east to the River.
[a]
Traits.
[i]
This CEA has unusual proximity to the Hudson River, and the protection, preservation, and enhancement of important aesthetic and scenic qualities associated with such proximity is a primary goal.
[ii]
The historic significance of the Hudson River CEA architecture should be protected for future generations.
[iii]
The Hudson River's ecological, geological, and hydrological sensitivity may be adversely affected by any change, development, or disturbance and must be scrutinized carefully and thoroughly so as to protect and preserve not only the environmental integrity of the riverfront area, but the appearance of the shoreline from the River itself.
[b]
Applications.
[i]
Consistent with conditional and special use requirements, as part of any site plan submitted for development in this CEA, a submission shall be accompanied by the following additional site plan data that will be depicted on such plans:
[A]
Scale of one inch equals 40 feet, with topographic elevations spaced no greater than with one-foot contours, and using a NAV 88 Datum.
[B]
Delineation of mean highwater mark of the Hudson River on site and within any adjacent area must be shown; furthermore, as part of depictions of total lot area, any portions of underwater lands shall be uniquely identified.
[C]
All structures shall be shown, regardless of size and location.
[D]
Supply two copies of color architectural elevations and cross sections of all proposed construction and showing, as part of these, sides of buildings, along with specifications for colors, materials, and construction details.
[E]
There shall be submission of a full stormwater pollution prevention plan (SWPPP) for any new nonresidential use, not including a professional office or studio that is within an existing building that is not changed and which also contains residences.
[ii]
Within this CEA, any application involving a SEQRA Type I or unlisted action, shall be accompanied by a full environmental assessment form, compiled by the applicant, including a visual EAF addendum, and this will need to be submitted for use in SEQRA administration.
[c]
Regulation.
[i]
The erection or construction of docks, wharfs, or piers shall be referred by the Inspector to the Planning Board for site plan approval.
[ii]
Merging two or more contiguous lots into one lot shall not be permitted except where all of the original lots to be merged are less than the minimum area required, in which case the proposed merger may be allowed upon site plan approval, but only for those original lots necessary to provide the minimum required area to the merged property.
[iii]
Except for minor alterations or additions of less than 450 square feet that are exempted by the building inspection, physical additions of buildings and structures shall require site plan approval.
[d]
Development criteria.
[i]
The Hudson River shoreline and within a 1,500-foot jurisdiction, measured perpendicular to the general flow of the river, shall be used only for boating, fishing, swimming, the operation of private seaplanes and similar water activities. Construction within this area shall be limited to piers, docks and similar structures which are commonly used for the above activities. No other building or accessory building of any kind shall be permitted. In no case shall it be permissible to fill the Hudson River beyond five feet of the present shoreline and then only in order to round out the existing shoreline. Where applicable, all construction and filling shall require approval of the United States Army Corps of Engineers or any other governmental agency having jurisdiction.
[ii]
There shall be compatibility of any proposed dock or boathouse use with existing and proposed development.
[iii]
Design specifications for docks, revetments, seawalls, and such structures shall be disclosed and accompanied by descriptions of how these are organized to provide for floodplain management and coastal resilience, by contemplating and mitigating the potential effects of wave action, through consideration of potential for sea level rise, and through identification of practicable practices deployed which aid or sustain natural resources values, such as by minimizing disruption to habitat and aiding the potential migration/movement of wildlife.
[iv]
In conjunction with referrals to the Architectural and Community Appearance Board of Review concerning building character, the following criteria are provided to aid in an integration of building and land features so as to manage and enhance area character:
[A]
Reviewer(s) should encourage a combination of common materials, landscaping, buffers, screens and visual interruptions in order to create attractive transitions between buildings of different architectural styles.
[B]
Where possible, natural or existing topographic patterns, which contribute to the beauty and character of a development, shall be preserved.
[C]
Landscaping should contribute to the site plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, including architectural features, scenic vistas and visual corridors.
10.224.
Issuance of permits. The Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. The Inspector shall approve or disapprove the application within a reasonable time but not longer than 30 days. Upon approval of the application and upon receipt of the fees therefor, the Inspector shall issue a permit to the applicant upon the form prescribed by him the Inspector and shall affix his/her signature or cause his signature to be affixed thereto. Upon approval of the application, submitted plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Inspector, and the other set shall be returned to the applicant, together with the permit and shall be kept at the building site open to inspection by the Inspector at all reasonable times. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the applicable regulations, the Inspector shall disapprove the same and shall return the plans and specifications to the applicant, with notice in writing of the reasons therefor.
However, a permit for any use requiring a special permit as listed in the Zoning Code's Use Table, Column 3, and any use subject to performance standards procedure under § 4.12, and any other particular use requiring the approval of the Zoning Board of Appeals (or the Town Board), shall be issued only with the authorization of the applicable Board or Committee.
[Amended 7-13-2021 by L.L. No. 6-2021]
10.225.
Expiration and extension. Every permit shall expire by limitation at the end of two years from the date of issue. For good cause, the Inspector may allow a maximum of two extensions for periods not exceeding six months each, where a time limitation on a permit is prescribed herein or is deemed by the Board of Appeals or Town Board, the permit shall expire at the end of the period of time so provided.
10.226.
Validity if regulations change. If the applicable regulations are changed after issuance of a permit in such a way as to make a proposed use nonconforming as to use or bulk regulations, and no substantial work has been undertaken on the structure or foundations, the permit shall be invalid. However, if all footings have been installed before the effective date of the changed regulations, and if construction is continuing at that time, the proposed use may be completed as authorized in the permit at any time prior to the expiration of the permit as set forth in § 10.225.
10.23.
Certificate of occupancy.
10.231.
When required.
[Amended 3-15-2016 by L.L. No. 2-2016]
(a)
No building, structure or sign hereafter constructed shall be used or occupied in whole or in part nor shall any new land or building use be permitted until a certificate of occupancy shall have been issued.
(b)
No building, structure, sign or nonbuilding use hereafter enlarged, reconstructed, relocated or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used after the completion of the alteration of work unless a certificate of occupancy shall have been issued by the Inspector.
(c)
No change shall be made in the use or type of occupancy of an existing building or change in the use of land ("change of use or occupancy"), except to any use which is primarily agricultural, unless a certificate of occupancy authorizing such change in use in conformity with the regulations of this Code and other applicable building laws, ordinances and regulations shall have been issued by the Inspector. A change of use or occupancy, as described in the previous sentence, shall include a commercial or business use which has a subsisting certificate of occupancy, or a commercial or business use that is legally existing and predates adoption of the Zoning Code, the operator or proprietor of which changes from the operator or proprietor to whom the certificate of occupancy was issued, or the operator or proprietor of which changes after adoption of this amendment to § 10.231(c) if the use legally existed and predated adoption of the Zoning Code. However, any normal replacement or addition of equipment and machinery not affecting the foregoing conditions or not changing the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.
10.232.
Application and affidavit. The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Inspector an affidavit of the owner or of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work, and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with this code and other applicable buildings laws, ordinances and regulations except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
10.233.
Issuance of certificate. Before issuing a certificate of occupancy, the Inspector shall examine, or cause to be examined, all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and may conduct such inspections as he/she deems appropriate, from time to time, during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Inspector a record of all such examinations and inspections, together with a record of findings of violation of law. A certificate of occupancy shall be either issued, or denied, for cause within 30 days of application therefor. However, any certificate of occupancy for the establishment of any use of a building or land requiring a special permit as listed in the Zoning Code's Use Table, Column 3, and subject to performance standards procedure under § 4.12, and any other particular use requiring the approval of the Zoning Board of Appeals (or the Town Board), shall be issued only with the authorization of the applicable Board or Committee. Every certificate of occupancy for a use for which a special permit, or variance or other approval has been granted by the Zoning Board of Appeals (or the Town Board), shall contain a detailed statement of such special permit, variance or other approval and of the conditions to which the same is subject.
[Amended 7-13-2021 by L.L. No. 6-2021]
10.234.
Fees.
[Amended 4-24-1989 by L.L. No. 5-1989]
(a)
Every application for a certificate of occupancy, where there is no building permit in effect, shall be accompanied by a fee of $50.
(b)
Every application for a partial or temporary certificate of occupancy, with or without a building permit in effect, shall be accompanied by a fee of $50.
(c)
Every request for preparation and creation of a violation letter, with copies of the certificate of occupancy, shall be accompanied by a fee of $50.
(d)
An application for a certificate of occupancy, where there is an expired building permit and no further inspections required or only a final inspection remaining to be performed by the Town, shall be accompanied by a fee of $50 for a single-family residence, individual dwelling owned in condominium or cooperative form or two-family residence, and $100 for all others.
[Added 10-26-1998 by L.L. No. 12-1998]
10.235.
Temporary or partial certificate of occupancy. Upon the request, the Inspector may issue a temporary or partial certificate of occupancy for a period not to exceed 90 days for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions which have been completed may be occupied safely without endangering life or the public welfare, and any additional requirements that the Town Board, Board of Appeals or the Planning Board shall require shall be complied with prior to a certificate of occupancy being issued.
10.236.
Termination. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as such building or land is used for the use authorized in the certificate of occupancy. Ten days after the service of notice of any violation of any of the regulations with respect to any building or the use thereof or of land the certificate of occupancy for such use shall become null and void, and a new certificate of occupancy shall be required for any further use of such building or land.
10.237.
Copies to be filed. Copies of every certificate of occupancy issued hereafter shall be filed with the Town Clerk and the Town Assessor. A record of all certificates of occupancy shall be filed in the office of the Town Clerk and copies shall be furnished on request to the Planning Board or the Board of Appeals and on the payment of the regular application fee therefor to any other person.
§ 10.3 Board of Appeals.
10.31.
Establishment and membership. There shall be a Board of Appeals of five members, hereinafter referred to as the "Board." The members shall be appointed by the Town Board, who shall designate its Chairman and may remove any member of the Board for cause after public hearing. The members of the Board shall be appointed for a term of five years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. The members of the Board shall receive such compensation as shall be fixed by the Town Board.
10.311.
Alternate member.
[Added 5-10-2011 by L.L. No. 4-2011]
(a)
The Town Board, in its discretion, may further appoint one alternate member to the Board of Appeals, who shall serve when there is a conflict of interest precluding participation by a regular member or when a regular member shall otherwise be unable or unavailable to review, hear and determine an appeal.
(b)
The Chairperson of the Board of Appeals may designate the alternate member to substitute for a regular member when such regular member is unable to participate because of a conflict of interest on an application or any matter before the Board or when a regular member shall be unable or unavailable to review, hear and determine an application or appeal. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made.
(c)
All provisions of this section relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to an alternate member.
(d)
The term of office of the alternate member of the Zoning Board of Appeals shall be one year.
10.32.
Procedure. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. A quorum of the Board shall consist of three members, but, in order to reverse a decision of the Inspector, authorize a variance, render any decision within its jurisdictional powers and authority or grant a special permit, an affirmative vote of at least three members shall be required. The Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Town Clerk and shall be a public record.
[Amended 7-13-2021 by L.L. No. 6-2021]
10.321.
Fees. Every application or appeal to the Zoning Board of Appeals shall be subject to the fees established by resolution of the Town Board.
[Amended 4-24-1989 by L.L. No. 5-1989; 10-16-1995 by L.L. No. 29-1995]
10.322.
Notice and hearing. The Board of Appeals shall hold a public hearing on due notice on every appeal or other matter referred to said Board or upon which it is required to pass under this Code. Every appeal or application shall state the specific provisions of this Code which are involved and shall state precisely the interpretation which is sought, the use for which a special permit is sought or the details of the variance which is sought and the special circumstances affecting the particular lot which are cited as justifying such variance, as the case may be.
[Amended 9-22-2008 by L.L. No. 5-2008]
A.
Any such public hearings by the Board pursuant to this chapter and New York Town Law must be advertised at least once in a newspaper of general circulation pursuant to the terms and conditions of New York Town Law § 267-a, as amended.
B.
In addition, all applicants or persons seeking relief before the Board, at least 10 days prior to any public hearings on any matter before the Board, shall send written notice by first-class mail to all owners within 200 feet of the property as measured from the front, side, and rear lot lines of the subject parcel (excluding public roadways, rights-of-way, and property owned by any public utility or public entity in measuring the 200 feet), as well as all properties within 200 feet of the subject parcel along both sides of any street or roadway on which the subject parcel abuts, at the applicant's expense. Prior to mailing the notification, the applicant shall be responsible for generating a list of all property owners required to receive notice pursuant to this section. The written notices, in properly addressed and stamped envelopes, shall be returned to the Clerk of the Zoning Board of Appeals for the purpose of mailing from the Clerk's office. Property owners entitled to such notice shall be those listed as owners on the record in the Town of Orangetown Tax Assessor's office as of the date of the mailing. The written notice shall contain information on a form provided by the Clerk of the Board and shall include the date and time of the hearing and to be continued as necessary, the name and address of the applicant and the applicant's attorney, if any, the street address of the property, the Tax Map designation of the property, the nature of the application, and an indication that further information on the application is available at the Office of Building, Zoning, Planning and Enforcement. Failure of a property owner whose name appears on the affidavit of property owners to receive the notice shall not affect the validity of the public hearing or any action taken thereat by the Board.
C.
All applicants or persons seeking relief before the Board are further required to erect signs containing information regarding the public hearing, as set forth in Subsection B of this section, on every lot corner and at least once every 100 feet thereafter, facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Chief Clerk to the Zoning Board of Appeals. Such signs are to be displayed for a period of not less than five days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line, shall not be less than two feet or more than six feet above grade at the property line and shall be clearly visible from the property line.
D.
At the commencement of any public hearing, the applicant must file an affidavit with the Clerk of the Zoning Board of Appeals, which states that the aforementioned notices have been complied with, and said affidavit shall include a list of the names and addresses of all property owners to whom notices were sent pursuant to this section and a statement that said properties are the only properties required to be notified pursuant to this section. The Board shall not proceed with the hearing unless the affidavit has been filed.
E.
An appeal to the Zoning Board of Appeals shall be taken within 30 days from the time that the Inspector shall make the determination sought to be appealed. The appeal shall be taken by filing with the Inspector from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Inspector from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
F.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Inspector from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been signed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a course of record on application, or notice to the officer from whom the appeal is taken and/or due cause shown.
G.
In addition to the notice requirements contained herein, any applications with respect to the following projects shall require that written notice by mail be made pursuant to Subsection B of this section to all property owners within 500 feet of the proposed project:
(1)
High-tension transmission lines.
(2)
Railroad and bus terminals.
(3)
Satellite dish antennas.
(4)
Public utility substations.
(5)
Hotels and motels.
(6)
Radio and television towers.
(7)
Public parking garages.
(8)
Airports and heliports.
(9)
Elevated standpipe and water tanks.
(10)
Sandpits, gravel pits (mining), and topsoil, landfill and excavation operations, all of which are not in accordance with the construction of buildings, structures or roads.
10.323.
Findings and conclusions. After such public hearings, the Orangetown Zoning Board of Appeals ("ZBA") shall make written findings of fact and conclusions concerning the subject matter of such hearing, including the reasons for the grant or denial of the relief sought. As to any proposed use, such findings of fact and conclusions shall be made concerning such use, as described and represented by the applicant. In addition, the ZBA shall, in appropriate cases, impose additional conditions and safeguards in granting a special permit, variance or other approval, in harmony with the general purpose and intent of the Zoning Code, and to ensure that such use is established and maintained in conformity with the special findings, and the additional requirements and conditions, upon which such permit, variance or other approval is granted.
[Amended 7-24-2018 by L.L. No. 8-2018; 7-13-2021 by L.L. No. 6-2021]
10.33.
Powers.
10.331.
General powers. The Board of Appeals shall, with respect to this code only, hear and decide appeals from any order, requirements, decision or determination of the Inspector; at its option, the Board of Appeals may hear and decide all matters referred to it by the Inspector; and, at its option, the Board may decide any question involving the interpretation of any provision.
10.332.
Variances. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and shall decide the same within 60 days after the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Zoning Code, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this Zoning Code relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this code shall be observed, public safety and welfare secured and substantial justice done.
10.333.
Special permits. On a reference by the Inspector after application to the Inspector for a permit or a certificate of occupancy, the Board of Appeals (or the Town Board) is hereby authorized to issue a special permit for any use listed in Use Table, Column 3, subject to the additional requirements and conditions therein (or in Column 7) and in § 4.32. Every special permit in an LO District shall also conform to all special findings relating thereto that are specified in § 4.31. A special permit is not transferable except after a new hearing by the Board of Appeals. Any such renewal or extension shall be subject to the same procedure and requirements as specified herein for the original issuance of the special permit involved, except as hereinbefore provided in granting a special permit or a renewal or extension thereof, the Board of Appeals (or the Town Board) shall in all cases file a written report setting forth the applicable additional requirements and conditions and special findings and the reasons for granting or denying such permit, renewal or extension.
In addition to other powers conferred upon the Board of Appeals elsewhere in this code, the Board is authorized to grant special permits in the following situations:
(a)
Extension across district boundaries. In appropriate cases, the Board may permit the extension of an existing or proposed building or the location of an accessory off-street parking space into a previous district except an R District, under such conditions as will safeguard the character of the surrounding properties, provided that the area of such extension shall not exceed 25% of the area of the lot.
(b)
Off-street parking and loading requirements. Where, because of the unusual shape of a lot or otherwise, the requirements for accessory off-street parking spaces and/or loading berths in Use Table, Column 6 and Article VI, cannot reasonably be complied with, the Board may permit the substitution of such alternative provisions for off-street parking spaces or loading berths as the Board deems suitable and adequate to prevent creation of serious traffic congestion by parking along the street.
Violation of the conditions of a special permit shall be considered a violation of this code. In addition, failure to abate any violation of such conditions within 10 days after receiving written notice shall cause such special permit to be void, and a new special permit must be obtained before the use can be resumed.[1]
[1]
Editor's Note: Former Subsections 10.334, Permit for a use subject to performance standards, and 10.335, Continued enforcement, which immediately followed this subsection, were repealed 7-13-2021 by L.L. No. 6-2021.
§ 10.4 Town Board approval.
10.41.
Large-scale projects. Upon submission to the Town Board on recommendation of the Planning Board of a site plan of a lot 10 acres or more lying in one or more R Districts, showing the locations of streets, any area which may be proposed for residences permitted in any R District, and CS, and public open spaces or areas to be set aside for public school purposes, the Town Board is empowered, after holding hearing thereon, to make any reasonable change in the Zoning Map within the areas of such plat, from any R District to any other R District or CS only, provided that no less than 75% of the total area of such lot shall be used for residences, public open spaces or public school sites and streets abutting such uses, and that the total number of dwelling units and the total floor area of all buildings in the portion of such lot used only for residences and public open spaces shall not be greater than that permitted in each district according to the schedule set forth in § 5.12 on such portion of the lot at the time of such application, and that at least 10% of the total area of such lot shall be used for public parks, playgrounds, public schools, churches or similar uses, all appropriately located. Before making a recommendation thereon, the Planning Board shall hold a public hearing.
10.42.
Subdivisions. In any district no tract, lot, piece or parcel of land may be subdivided, nor shall any permit be issued for the erection of a structure upon any subdivided tract, lot piece or parcel of land, unless a map or plan of such subdivision is submitted to and approved by the Planning Board in accordance with the subdivision regulations of the Town. Where a commercial structure erected or to be erected is to be divided into two or more units, each unit shall be considered a separate structure and subject to review as provided for in this section. Where there is no change of use or increase in parking needs, no such Planning Board review shall be required for the division of units in a commercial structure.
[Amended 9-4-2018 by L.L. No. 11-2018]
10.43.
Open development areas. Upon recommendation by the Planning Board, the Town Board may create open development areas in conformance with § 280 of the Town Law.
10.44.
Notice and hearing. Whenever an application is made to the Town Board for a special permit or zone change, the Town Board shall hold a public hearing on due notice as set forth herein. Every application shall state the specific use for which a special permit is sought or the details of the zone change which is sought and the special circumstances affecting the particular lots which are cited as justifying such special permit or zone change, as the case may be.
[Added 7-20-2010 by L.L. No. 4-2010]
A.
Any such public hearings by the Town Board pursuant to this chapter and New York Town Law must be advertised at least once in a newspaper of general circulation and any other required written notice served, pursuant to the terms and conditions of New York Town Law § 264 and/or 274-b, as amended and as applicable.
B.
In addition, all applicants or persons seeking a special permit or zone change, at least 10 days prior to any such public hearings, shall send written notice by first-class mail to all owners within 500 feet of the property as measured from the front, side, and rear lot lines of the subject parcel (excluding public roadways, rights-of-way, and property owned by any public utility or public entity in measuring the 500 feet), as well as all properties within 500 feet of the subject parcel along both sides of any street or roadway on which the subject parcel abuts, at the applicant's expense, and as determined by the Office of Building, Planning, Zoning and Enforcement. Prior to mailing the notification, the applicant shall be responsible for generating a list of all property owners required to receive notice pursuant to this section. The written notices, in properly addressed and stamped envelopes, shall be returned to the Town Clerk for the purpose of mailing from the Town Clerk's office. Property owners entitled to such notice shall be those listed as owners on the record in the Town of Orangetown Tax Assessor's office as of the date of the mailing. The written notice shall contain information on a form provided by the Town Clerk and shall include the date and time of the hearing and to be continued as necessary, the name and address of the applicant and the applicant's attorney, if any, the street address of the property, the Tax Map designation of the property, the nature of the application, and an indication that further information on the application is available at the Town Clerk's office. Failure of a property owner to receive the notice shall not affect the validity of the public hearing or any action taken thereat by the Board.
C.
All applicants or persons seeking a special permit or zone change from the Town Board are further required to erect signs containing information regarding the public hearing as set forth in Subsection B of this section, on every lot corner and at least once every 100 feet thereafter, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Town Clerk. Such signs are to be displayed for a period of not less than five days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line, shall not be less than two feet or more than six feet above grade at the property line and shall be clearly visible from the property line.
D.
At the commencement of any public hearing, the applicant must file an affidavit with the Town Clerk which states that the aforementioned notices have been complied with, and said affidavit shall include a list of the names and addresses of all property owners to whom notices were sent pursuant to this section and a statement that said properties are the only properties required to be notified pursuant to this section. The Board shall not proceed with the hearing unless the affidavit has been filed.
§ 10.5 Planning Board.
10.51.
Proposed amendments shall be referred to Planning Board. The Town Board may from time to time, on its own motion or on petition or on recommendation of the Planning Board, after public notice (as specified in § 10.53) and hearing, amend, supplement, modify or repeal this code. Every proposed amendment shall be referred to the Planning Board, which shall submit a written report as set forth in § 10.52 to the Town Board prior to public hearing thereon by the Town Board, and in no event more than 30 days after such report has been requested. The Planning Board's failure to make such report within such period shall be deemed to be a favorable report. Nothing herein contained shall be construed so as to require the Town Board to hold a public hearing on any petition or recommendation.
10.51A.
Reference of proposed amendments or applications to professional planner.
(a)
The Town Board may refer any proposed amendment to the Zoning Code, any proposed amendment to the Official Map, any proposed amendment to the Land Development Regulations[1] or any application for a subdivision or large-scale project to a professional planner retained by the Town prior to any public hearing thereon for his review, report and recommendations. Said professional planner shall submit his report and recommendations to the Town Board and the Orangetown Planning Board within 30 days after such report has been requested unless the planner indicates, in writing, that additional time is required.
(b)
The fees of such professional planner shall be reimbursed to the Town by the applicant filing such request for a change in the Zoning Code, at least five days prior to the public hearing which may be set pursuant to law for an amendment to the Zoning Code. The report of the professional planner shall take into consideration all of the items required in § 10.521 and 10.522 of the Zoning Code of the Town of Orangetown.
10.52.
Report of Planning Board. In making such investigation and report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
10.521.
Concerning a proposed amendment to or change in text of the code:
(a)
Whether such change is consistent with the aims and principles embodied in the code as to the particular districts concerned.
(b)
Which areas and establishments in the Town will be directly affected by such change and in what way they will be affected.
(c)
The indirect implications of such change in its effect on other regulations.
10.522.
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing or proposed plans for providing public water supply and sanitary sewers in the vicinity.
(d)
The amount of vacant land which is currently zoned for similar development in the Town, and particularly in the vicinity of the area included in the proposed amendment, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
(e)
The recent rate at which land is being developed in the proposed district in the Town, and particularly in the vicinity of the area included in the proposed amendment.
(f)
The effect of the proposed amendment upon the growth of existing communities in the Town as envisaged by the Comprehensive Plan.
(g)
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Town and the probable effect of such a change on the cost of providing public services.
(h)
Whether other areas designed for similar development are likely to be so developed if the proposed amendment is adopted, and whether the designation for such future development should be withdrawn from such areas by further amendment of the Zoning Map.
(i)
If the proposed change involves a change from a residential to a nonresidential designation, whether more nonresidential land is needed in the proposed location to provide commercial services or employment for the residents of the Town.
10.53.
Notice of hearing. Notice of any public hearing on all proposals to amend the test of this code or the Zoning Map shall be as required by law.
§ 10.6 Penalties for violations.
[Amended 11-13-2006 by L.L. No. 18-2006]
10.61.
Penalties.
(a)
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or sign or portion thereof or any plat or parcel of land in violation of any provision of this code or to fail in any manner to comply with a notice, directive or order of the Inspector, or to construct, alter or use and occupy any building, structure, plot of land or sign or part thereof in a manner not permitted by an approved permit or certificate of occupancy.
(b)
Any person who shall fail to comply with a written order of the Inspector within the time fixed for compliance therewith and any owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent or his agent or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this code or any lawful order, notice, directive, permit or certificate of the Inspector made thereunder shall be punishable by a penalty as set forth in Chapter 41A of this Code.
(c)
This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York, nor to violations of other related local laws and ordinances of the Town of Orangetown.
10.62.
Abatement of violation. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.