Owasco Town City Zoning Code
ARTICLE XX
Administration and Boards
§ 150-135 Code Enforcement Officer duties.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, who shall be appointed by the Town Board of Owasco.
It shall be the duty of the Code Enforcement Officer to have the power to:
Zoning permits.
Receive and examine applications for zoning permits and refer all applications to the Planning Board for review and recommendation, when deemed necessary or advisable.
Issue zoning permits after approval and certification of occupancy only when there is compliance with the provisions of this chapter and with other applicable Town laws; provided, however, that the issuance of a zoning permit shall not be deemed a waiver of the requirements of any other Town ordinance or local law.
Special use permits. Receive applications for special use permits and forward these applications to the Planning Board for action thereon.
Appeals. Following refusal of a zoning permit, receive applications for appeals from alleged error of the Code Enforcement Officer and variances and forward these applications to the Zoning Board of Appeals.
Inspections. Conduct inspections and surveys to determine compliance or noncompliance with the terms of the Zoning Law.
Issue stop, cease, and desist orders and order, in writing, correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Code Enforcement Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Code Enforcement Officer, and any person violating any such order shall be guilty of a violation of this chapter.
Violations. With the approval of the Town Board of Owasco or when directed by it, institute in the name of the Town any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or restrain, correct, or abate such violation so as to prevent any illegal act, conduct, business, or use in or about such premises.
Revoke, by order, a zoning permit issued under mistake of fact or contrary to this chapter.
Zoning Map. Maintain a map showing the current zoning classification of all land.
Upon request of the Town Board of Owasco, the Planning Board, or the Zoning Board of Appeals, present to such bodies facts, records, or reports which they may request to assist them in making decisions.
§ 150-136 Zoning permits.
Applicability. No structure should be erected, constructed, reconstructed, extended, or moved, and no land or building changed in use, until a zoning permit has been secured from the Code Enforcement Officer. Upon completion of changes in use or construction, reconstruction, extension, or moving of structures, the applicant shall notify the Code Enforcement Officer of such completion.
Completion. No permit shall be considered as complete or as permanently effective until the Code Enforcement Officer has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.
Exemptions. Zoning permits shall not be required for general maintenance work; painting; clearing woodlands; building ponds; tilling the soil; raising animals; constructing fences, terraces, steps, or other similar features; or landscaping. However, all such activities shall conform to the requirements of this chapter.
Expiration. Zoning permits shall be issued with a one-year life; provided, however, that if the work is not commenced within six months after the issuance of the zoning permit, the permit shall automatically expire and a new permit shall be required before such work or change in use commences.
Applications in flood hazard areas. Special provisions for issuance of zoning permits in areas designated as flood hazard areas by the United States Department of Housing and Urban Development are as follows: The Code Enforcement Officer, when reviewing applications for zoning permits in these areas of any district, including plans and specifications for the proposed construction, shall, in addition to the regular duties, review all zoning permit applications to determine if the proposed construction complies with all of the requirements of the appropriate state and federal agencies responsible for enforcement of flood hazard regulations.
Certificate of occupancy. No land shall be used or occupied and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer stating that the building or proposed use thereof complies with the provisions of this chapter and any other pertinent local law or ordinance of the Town of Owasco.
Application requirements for zoning permits. All applications for zoning permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Town and shall be filed with the Code Enforcement Officer. The application shall include:
A statement as to the proposed use of the building or land.
A site layout, drawn to scale, showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing building in relation to property and street lines.
The number, location, and design of parking spaces and loading spaces, if applicable.
The size, dimensions, location, and methods of illumination for signs, if applicable.
Any additional plans and information reasonable necessary for the Code Enforcement Officer to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this chapter.
A permit for any new use or construction which will involve the on-site disposal of sewage or waste or a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site or which will require a new or modified water supply shall not be issued until a certificate of approval has been issued by the Cayuga County Health Department.
Timeline for decision. Zoning permits shall be granted or refused with 15 days after the written application has been filed with the Code Enforcement Officer, except as provided for elsewhere in this chapter.
Public record. All applications, with accompanying plans and documents, shall become and be preserved as a public record, subject to the disposition of the Town Board of Owasco.
Permit fees. The applicant for a zoning permit shall, at the time of making application, pay to the Town Clerk for the use of the Town a fee in accordance with a fee schedule adopted by resolution of the Town Board of Owasco upon the enactment of this chapter or such schedule may be amended by resolution of the Town Board of Owasco.
§ 150-137 Zoning Board of Appeals.
Appointments, alternate members, chairperson.
Appointment. The Town Board of Owasco authorizes the appointment of a seven-member Zoning Board of Appeals pursuant to § 267 of New York State Town Law. The members of the Zoning Board of Appeals shall be appointed by the Town Board of Owasco for terms of seven years and staggered as required by law. If a vacancy shall occur otherwise than by expiration of term, the Town Board of Owasco shall appoint the new member for the unexpired term. The Town Board of Owasco shall also appoint the Chairperson of the Zoning Board of Appeals. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
Alternate members. Two alternate members of the Zoning Board of Appeals may be appointed by the Town Board of Owasco for terms of five years. All provisions of state law relating to Zoning Board of Appeals members eligibility, vacancy in office, removal, compatibility in office, and service on other boards, as well as any provisions of any local law or ordinance relating to training, continuing education, compensation, and attendance shall also apply to the alternate members of the Zoning Board of Appeals.
The Chairperson of the Zoning Board of Appeals may designate an alternate member to serve when necessary, and only so long as necessary, to obtain or maintain a quorum of such Board or when a member is unable to participate due to a conflict of interest. Such designation and its expiration shall be entered into the minutes of the Zoning Board of Appeals. When so designated, the alternate member of the Zoning Board of Appeals shall possess all the powers and responsibilities of a member of such Board.
Removal of members. The Town Board of Owasco shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with the minimum requirements relating to meeting attendance and training as established by the Town Board of Owasco by local law or ordinance.
Rules, expenses, training.
The Zoning Board of Appeals may adopt rules or bylaws for its operation and may amend such rules and bylaws from time to time as deemed appropriate and necessary by such Board.
The Town Board of Owasco shall provide an appropriation to the Zoning Board of Appeals to cover necessary expenses, including the means for the Zoning Board of Appeals to maintain a written record of its meetings and public hearings.
The Town Board of Owasco may require members of the Zoning Board of Appeals to complete training and continuing education courses in accordance with any local requirements for the training of such members and may reimburse members of the Zoning Board of Appeals for appropriate expenses incurred in obtaining such training or continuing education.
Meetings.
The Zoning Board of Appeals shall hold regularly scheduled meetings, provided there are meeting agenda items for Zoning Board of Appeals consideration, and the Board may hold special meetings, from time to time, as needed, at the call of the Chairperson or at the request of four or more members.
The presence of four members shall constitute a quorum which shall be necessary for conducting business before the Zoning Board of Appeals, including acting on a zoning appeal or deciding upon any matter brought before the Board, unless otherwise stipulated in this article.
All votes of the Zoning Board of Appeals shall be taken by roll call. Zoning Board of Appeals decisions on matters not referred to the County Planning Board shall be by simple majority vote (four) of the full membership. On a matter referred to the County Planning Board, voting shall be in accordance with § 150-140 of this article.
In accordance with Article 4, § 74, Subdivision 2, of the Public Officers Law, a member of the Zoning Board of Appeals having a conflict of interest shall abstain from any discussion or voting on that matter.
The Zoning Board of Appeals may request and obtain any advice or opinions on the law relating to any matter before the Board from the Town Attorney or special counsel, and may require the Town Attorney to attend its meetings.
The Zoning Board of Appeals may require the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
All meetings of the Zoning Board of Appeals shall be open to the public.
The Secretary to the Zoning Board of Appeals shall make a factual record of all its proceedings, including the reading of the cases, public hearings, deliberations, voting, and decisions. These factual records shall be taken by stenographic and/or tape recorder means and shall be accurately transcribed into a narrative form, but not necessarily a verbatim transcript.
Authority and duties.
The Zoning Board of Appeals shall have appellate jurisdiction with regard to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer. The Zoning Board of Appeals shall decide any question involving the interpretation of such provisions as more fully described in this article. Where a proposed site plan, special use permit, or subdivision contains one or more dimensional features which do not comply with the Zoning Law, application may be made for an area variance without the necessity of an order, requirement, decision, interpretation, or determination by the Code Enforcement Officer. The duties of the Zoning Board of Appeals are:
Reversing or affirming orders, requirements, decisions, interpretations, and determinations. The Zoning Board of Appeals may reverse, affirm, wholly or partly, or may modify any order, requirement, decision, interpretation, or determination appealed from, and shall make such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the Code Enforcement Officer and to that end shall have all the powers of the Code Enforcement Officer.
Granting area or dimensional variances.
The Zoning Board of Appeals shall have the power, on appeal from a decision or determination of the Code Enforcement Officer, to grant area variances as defined herein. 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 weighted against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Zoning Board of Appeals shall also consider:
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;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
Whether the alleged difficulty was self-created.
The Zoning Board of Appeals, in the granting of area variances, 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.
The Zoning Board of Appeals shall, in the granting of an area variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this article, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Granting use variances.
The Zoning Board of Appeals, on appeal from the decision of the Code Enforcement Officer, shall have the power to grant use variances as defined herein.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
Under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance 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. If the review of an Agricultural Data Statement was required pursuant to Article 25-AA, § 305-a, of the New York State Agriculture and Markets Law, the Zoning Board of Appeals shall evaluate and consider the Agricultural Data Statement in its review of the possible impacts on the functioning of farm operations in the Agricultural District.
The Zoning Board of Appeals shall, in the granting of a use variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, and/or the period of time such variance will be in effect. Such condition shall be consistent with the spirit and intent of the zoning regulations contained in this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Procedures for processing zoning appeal.
Each order, requirement, decision, interpretation, or determination of the Code Enforcement Officer shall be filed in the office of the Town Clerk within five business days from the day it is rendered. An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation, or determination of the Code Enforcement Officer and shall be filed at least 10 days prior to the scheduled meeting of the Zoning Board of Appeals. All appeals shall be in writing, on forms established by the Zoning Board of Appeals, which shall be available from the Code Enforcement Officer and shall specify the grounds for the appeal and the relief sought. Any appeal for an area variance shall be accompanied by a site plan prepared in accordance with the site plan requirements specified in Article V of this chapter. Any appeal for a use variance for property within an Agricultural District containing a farm operation or for property within 500 feet of a farm operation located in an Agricultural District shall include an Agricultural Data Statement with the application. If an Agricultural Data Statement is required, the Zoning Board of Appeals shall mail, via registered mail, written notice of such application to the owners of land as identified by the applicant in the Agricultural Data Statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule, or regulation for the said project. The cost of mailing said notice shall be borne by the applicant.
Every appeal shall refer to the specific provision of the section of the Zoning Law involved and establish the details of why the order, requirement, decision, interpretation, and/or determination of the Code Enforcement Officer should be reversed or why a variance should be granted and shall address the considerations in either § 150-137E(1)(b)[1] or [2] if the appeal is for a variance.
Upon receipt of the completed appeal form and the Agricultural Data Statement, if required, the Zoning Board of Appeals shall:
Schedule a public hearing;
Arrange for publication of notice of the public hearing as described in § 150-137E(1)(e) below.
Refer the application to the County Planning Board in accordance with Article 12-B, § 239-m of the New York State General Municipal Law, if the subject property is within 500 feet of the boundary of any county, town, village; existing or proposed county or state park; any right-of-way of any county or state road or parkway; any stream or canal owned by the county; any existing or proposed county- or state-owned land on which a public building or institution is situated; and the boundary of a farm operation located in the Cayuga County Agricultural District.
Determine whether a draft environmental impact statement should be required.
Within 62 days following the public hearing, the Zoning Board of Appeals shall render a decision or, if the parties have agreed to a time extension, within such time extension.
Public hearing and Zoning Board of Appeals decision.
Public hearings shall be scheduled within 62 days from the date that the Zoning Board of Appeals receives the appeal. Any such appeal shall be deemed received when the appeal is first presented at a duly called meeting of the Zoning Board of Appeals. Notice of the public hearing shall be published in the official newspaper of the Town at least five days prior to the hearing. Such notice shall briefly describe the nature of the appeal and the time and place of the hearing. The cost of publication of the public hearing notice shall be borne by the appealing party. If the matter has been referred to the County Planning Board pursuant to Article 12-B, § 239-m of the New York State General Municipal Law, a notice of the public hearing shall also be mailed to the County Planning Board at least five days prior to such hearing along with the full statement of such action as defined in Article 12-B, § 239-m of the New York State General Municipal Law.
A copy of the public notice may be sent to adjacent property owners within the Town, but failure to send such notice shall not affect the jurisdiction of the Zoning Board of Appeals or the legality of the decision of the Zoning Board of Appeals. The cost of mailing said notice shall be borne by the applicant.
The Secretary to the Zoning Board of Appeals shall make a factual record of the public hearing. Public records shall be taken by stenographic and/or tape recorder means and shall be transcribed accurately into a narrative form which may or may not be a verbatim transcript.
The decision of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereto mailed to the applicant. If the matter was referred to the County Planning Board, a copy of the Zoning Board of Appeals findings and decision shall be sent to the County Planning Board.
Fees for appeals and applications. Appeals and applications before the Zoning Board of Appeals shall be accompanied by a payment to the Town in accordance with a fee schedule adopted by resolution by the Town Board of Owasco, and such schedules may be amended from time to time by resolution of the Town Board of Owasco.
§ 150-138 Planning Board.
Appointments, alternate members, chairperson.
Appointment. The Town Board of Owasco authorizes the creation of a seven-member Planning Board pursuant to § 271 of New York State Town Law. The members of the Planning Board shall be appointed by the by the Town Board of Owasco for terms of seven years and staggered as required by law. The Town Board of Owasco shall also appoint the Chairperson of the Planning Board, or, on failure to do so, the Planning Board shall elect a Chairperson from its own members.
Alternate members. Two alternate members of the Planning Board shall be appointed by the Town Board of Owasco for terms of seven years. All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility in office, and service to other boards, as well as any provisions of any local law or ordinance relating to training, continuing education, compensation, and attendance shall also apply to alternate members of the Planning Board.
The Chairperson of the Planning Board may designate one or more alternate members of the Planning Board to serve when necessary, and only so long as necessary, to obtain or maintain a quorum of such Board or when a member of the Planning Board is unable to participate due to a conflict of interest. Such designation and its expiration shall be entered into the minutes of the Planning Board. When so designated, the alternate member(s) of the Planning Board shall possess all the powers and responsibilities of a member of such Board.
Removal of members. The Town Board of Owasco shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board of Owasco by local law or ordinance.
Rules, expenses, training.
The Planning Board may adopt rules or bylaws for its operations, and may amend such rules and bylaws from time to time as deemed appropriate and necessary by the Planning Board.
The Town Board of Owasco shall provide an appropriation to the Planning Board to cover necessary expenses, including the means for the Planning Board to maintain a written record of its meetings and public hearings.
The Town Board of Owasco may require members of the Planning Board to complete training and continuing education courses in accordance with any local requirements for training of such members and may reimburse members of the Planning Board for appropriate expenses incurred in obtaining such training or continuing education.
Meetings.
The Planning Board shall hold regularly scheduled monthly meetings, provided there are meeting agenda items for Planning Board consideration, and the Board may hold special meetings, from time to time, as needed, at the call of the Chairperson or at the request of four or more members.
The presence of four members of the Planning Board shall constitute a quorum which shall be necessary to act on any application for a site plan review or special use permit and to decide upon any other matter brought before the Board unless otherwise stipulated in this article.
All votes of the Planning Board shall be taken by roll call. Planning Board decisions on matters not referred to the County Planning Board shall be by simple majority vote (four) of the full membership. On a matter referred to the County Planning Board, voting shall be in accord with § 150-140 of this article.
In accordance with Article 4, § 74, Subdivision 2 of the Public Officers Law, a member of the Planning Board having a conflict of interest shall abstain from any discussion or voting on that matter.
The Planning Board may request and obtain any advice or opinions on the law relating to any matter before the Board from the Town Attorney, and require the Town Attorney to attend its meetings.
The Planning Board may require the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
All meetings of the Planning Board shall be open to the public.
The Secretary to the Planning Board shall make a factual record of all its proceedings, including public hearings, deliberations, voting, and decisions.
The duties of the Planning Board are to:
Comprehensive plan. Prepare, review, and/or recommend revisions to the Comprehensive Plan for the development of the Town of Owasco as provided under § 271 of New York State Town Law and/or Town Board of Owasco resolution.
Zoning amendments. Review and comment on all proposed zoning amendments before referral to the County Planning Board.
Site plan. Conduct site plan review as authorized by § 274 of New York State Town Law and prescribed in Article V of this chapter.
Environmental Protection Overlay District (EPOD). Conduct EPOD development permit review, as prescribed in Article IV of this chapter.
Special use permits. The Planning Board shall have the authority to grant or deny special use permits as authorized by § 267-b of New York State Town Law and prescribed in Article VI of this chapter.
Subdivisions. Review and approve the subdivision of parcels as authorized by §§ 276, 277, 278, 279, 280, and 280-a of the New York State Town Law and prescribed in Article XVIII of this chapter.
Render assistance to the Town of Owasco Zoning Board of Appeals at its request.
Research and report on any matter referred to it by the Town Board of Owasco.
Make investigations, maps, reports, and recommendations in any matter related to planning and development as it seems desirable, provided expenditures of the Planning Board do not exceed the budget appropriations for the Planning Board.
All such powers and duties as are conferred upon the Planning Board and subject to the limitations set forth in §§ 271, 272-a, 273, 274-a, 276, 277, and 278 of the New York State Town Law as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to Town planning boards.
§ 150-139 Amendments.
The Town Board of Owasco may, from time to time, on its own motion or on petition or on recommendation of the Planning Board or the Zoning Board of Appeals, amend, supplement, or repeal the regulations and provisions of this chapter after public notice and hearing.
Every such proposed amendment or change, whether initiated by the Town Board of Owasco or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Town Board of Owasco, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice shall be given as follows:
By publishing a notice of the time and place of the hearing at least 10 days prior to the date of such hearing in a paper of general circulation in the Town.
A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such area is shown on an approved zoning map filed with the Code Enforcement Officer, shall be given to the housing authority erecting or owning the project and to the government agency providing financial aid for assistance thereto at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the Regional State Park Commissioner having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town, or county shall be given to the Clerk of such municipality and to the Clerk of the County Legislature at least 10 days prior to the date of such public hearing.
In case, however, of a protest against such change or amendment signed by the owners of 20% or more of the area of land included in such proposed change or amendment; or of that immediately adjacent, extending 100 feet therefrom; or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such change or amendment shall not become effective except by the favorable vote of at least four members of the Town Board of Owasco.
§ 150-140 Referrals to County Planning Board.
Actions requiring referral. The following actions shall be referred to the Cayuga County Planning Board, pursuant to §§ 239-l, 239-m, and 239-n of the General Municipal Law:
Adoption and/or amendment of a Comprehensive Plan.
Adoption and/or amendment of a local Zoning Law or ordinance.
Approval of site plans.
Issuance of special use permits.
Granting of use variances.
If the property involved is within 500 feet of the boundary of:
The boundary of any county, town, or village.
Existing or proposed county or state park.
Any right-of-way of any county or state road or parkway.
Any stream or canal owned by the county.
Existing or proposed county- or state-owned land on which a public building or institution is situated.
A farm operation located in an Agricultural District.
Actions exempted from referral. The following actions shall be exempt from such referral in accord with the agreement between the Cayuga County Planning Board and the Town Board of Owasco:
Activities that, while within 500 feet of a county or state highway, are on a parcel that does not front on such county or state highway.
Activities that, while within 500 feet of a municipal boundary, would be permitted within the area of the adjoining municipality abutting the parcel where the activity is proposed.
Area variances.
Amendments to a local Zoning Law or ordinance that are intended to address procedural or administrative matters that do not alter the dimensional or use standards of the regulation.
Amendments to a local Zoning Law or ordinance that are intended to reduce the type or number of uses permitted within a particular district.
Amendments to a local Zoning Law or ordinance that are intended to reduce the intensity and/or density of development permitted within a particular zoning district.
Any activity subject to review by a local agency employing a municipal planner on a full-time basis who will advise the referring agency concerning the referred matter.
The subdivision of a parcel of land if the Cayuga County Health Department review of such proposed subdivision is not required.
Effect of Cayuga County Planning Board review.
If the Cayuga County Planning Board recommends the approval of a matter referred to it, the local board's decision is governed by a simple majority vote.
If the Cayuga County Planning Board recommends approval subject to state conditions or modifications, or recommends disapproval, the local board may override the Cayuga County Planning Board recommendation only by a majority-plus-one vote.
If the Cayuga County Planning Board fails to make a recommendation within 30 days following the date on which the matter was referred to the Cayuga County Planning Board, the local board may take action on the matter after the expiration of such 30-day period, and the local board's decision is governed by a simple majority vote.
Report on final local action. Within 30 days following a local board's final decision on a matter that was referred to the Cayuga County Planning Board, the local board shall provide a copy of its final decision. If the local board acted contrary to the Cayuga County Planning Board's recommendation, the local board shall also provide to the Cayuga County Planning Board its reasons for such decision.
§ 150-141 Agricultural data statements.
Applicability. Any application for a special use permit, site plan approval, use variance, or subdivision review and approval by the Planning Board, Zoning Board of Appeals, or Town Board of Owasco that would occur on property within an Agricultural District containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an Agricultural District, shall include an Agricultural Data Statement. The Planning Board, Zoning Board of Appeals, or Town Board of Owasco shall evaluate and consider the Agricultural Data Statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such Agricultural District.
Notice to land owners. Upon the receipt of such application by the Planning Board, Zoning Board of Appeals, or Town Board of Owasco, the Clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the Agricultural Data Statement. Such notice shall include a description of the proposed project and its location and may be sent in conjunction with any other notice required by state or local law, ordinance, rule, or regulation for said project. The cost of mailing said notice shall be borne by the applicant.
Contents of an agricultural data statement. The Agricultural Data Statement shall include the following information:
The name and address of the applicant;
A description of the proposed project and its location;
The name and address of any owner of land within the Agricultural District, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and
A tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the Agricultural Data Statement.
§ 150-142 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained; or if any building, structure, or land is used in violation of this chapter or any other local law, ordinance, or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Upon the failure or refusal of the proper local officer, board, or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board, or body of the Town is authorized to do.
§ 150-143 Penalties for offenses.
Any person who violates any provision of this chapter shall be guilty of any offense against this chapter and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both such fine and imprisonment. In addition, any person who violates any provision of this chapter or who shall omit, neglect, or refuse to do any act required thereby shall, severally, for each and every such violation, forfeit and pay a civil penalty of not more than $100. The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the enforced removal of conditions prohibited thereby. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable, in addition to the afore stated criminal and civil penalties, to the offender and may be recovered in a civil court of appropriate jurisdiction. When a violation of any provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.