Parma City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 165-104 Zoning Board of Appeals.
A.
Creation, appointment and organization of the Zoning Board of Appeals.
(1)
A Zoning Board of Appeals is hereby created. Said Board shall consist of five members and one alternate member appointed by the Town Board, which shall also designate a Chairperson. No person who is a member of the Town Board shall be eligible for membership on such Zoning Board of Appeals. Of the members of the Board, the first appointed one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur other than by expiration of a term, it shall be filled by the Town Board by appointment for the length of the unexpired term. The alternate member shall be appointed to a term of one year. If a vacancy shall occur other than by expiration of a term, it shall be filled by the Town Board by appointment for the length of the unexpired term.
(2)
In making such appointments, the Town Board may require Zoning Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
(3)
The Town Board shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause and may provide by local law for removal, after public hearing, of any Zoning Board of Appeals member for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law.
(4)
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
(5)
The Zoning Board of Appeals shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify and repeal the same from time to time.
(6)
Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application for appeals under the provisions of this chapter, denies or rejects same, said Board may upon motion by any member of the Board hold a rehearing to review any order, decision or determination of the Board not previously reviewed. A unanimous vote of all members of the Board then present shall be required for such rehearing to occur. Such rehearing shall be subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
B.
Powers and duties of the Zoning Board of Appeals.
(1)
The Zoning Board of Appeals shall have all the powers and duties prescribed by Chapter 62, § 267, of the Town Law of the State of New York and by this chapter which are more particularly specified in this section.
(2)
Review applications for special permitted use permits.
(a)
The Zoning Board of Appeals shall have the authority to review and approve, approve with modifications or disapprove special permitted use permits as specified in this chapter.
(3)
Administrative review.
(a)
The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or body in the enforcement of this chapter.
(b)
The Zoning Board of Appeals may reverse or affirm wholly, partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(c)
The Zoning Board of Appeals shall hear and decide on interpretive matters where the provisions of this chapter, including the determination of exact district boundaries, are not clear.
(4)
Variances.
(a)
The Zoning Board of Appeals is empowered to authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of the provisions herein would result in unnecessary hardship or practical difficulties.
(b)
As used herein, a variance may be authorized for height, area, size of structure, size of yards and open spaces or establishment or expansion of a use otherwise prohibited.
(c)
A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in other zoning districts.
(d)
In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
(e)
Variances granted shall be the minimum which would accomplish the purpose of providing for reasonable use of land or buildings.
(f)
Variances granted shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
C.
Zoning Board of Appeals office. The office of the Town Clerk shall be the office of the Zoning Board of Appeals. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office as required by § 267 of the Town Law of the State of New York. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determination, its examinations and other official action.
D.
Lapse of authorization. Any variance or modification of this chapter authorized by the Zoning Board of Appeals shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the Zoning Board of Appeals is obtained within nine months of the date of approval by the Zoning Board of Appeals and construction commenced within 15 months of such date of approval. A site plan approved by the Planning Board conforming to all of the conditions and requirements established by the Zoning Board of Appeals shall be obtained within 12 months of the date of the approval by the Zoning Board of Appeals and construction commenced within 18 months of such date of approval.
E.
Violation of conditions or restrictions. Failure to comply with any condition or restriction prescribed by the Zoning Board of Appeals in approving any appeal for a variance or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance or modification or for imposing penalties and other applicable remedies.
§ 165-105 Variance and appeals procedure.
A.
Variance procedure.
(1)
The applicant may arrange an informal discussion with the Zoning Board of Appeals to determine any and all of the data to be included in the application.
(2)
All applications for variances shall be made to the Code Enforcement Officer (CEO) on forms provided by the CEO and shall be accompanied by plans and supporting documents to sufficiently describe the proposal. The Zoning Board of Appeals may request additional information it deems necessary in order to act on the application.
(3)
The CEO, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for action thereon.
(4)
Any request for a use variance, or variances to parking or sign provisions, shall be referred to the Town Planning Board for its recommendations concurrent with the submission to the Zoning Board of Appeals. The Planning Board shall have 30 days from the receipt of said variance application to provide the Zoning Board of Appeals with an advisory opinion on the application. The Zoning Board of Appeals shall not act on the application until it receives an advisory opinion from the Planning Board, provided that such opinion is received within a period of 30 days of its receipt of an application.
(5)
A copy of the complete variance application and supporting documents shall also be transmitted to the Monroe County Department of Planning and Development for review when required either under Article 12-B, §§ 239-l and 239-m of the General Municipal Law, or § 283-a of the New York State Town Law.
(6)
Where an application for a use variance involves land lying within certain distances prescribed in § 283-a of Town Law, an agricultural data statement shall be prepared and proper notice thereof given to all affected property owners.
(7)
No action shall be taken by the Zoning Board of Appeals on a request for a variance until after public hearing and notice. The Board shall fix a reasonable time for the hearing of a request for a variance and shall give due notice of the time set for the hearing to the applicant. Public notice shall be established by the publication of a notice in the official newspaper of the Town in accord with the provisions of Town Law. Said notice shall briefly describe the nature of the appeal and the time and place of the hearing. In addition, the applicant shall, at least seven days prior to the date of the hearing, give notice in writing to all property owners within 500 feet of the property to be affected by said variance request or to all property owners of contiguous land or properties adjoining said property. Such notice shall be by certified mail, or shall be documented with a certificate of mailing provided by the post office.
(8)
In its review, the Zoning Board of Appeals may consult with any other Town, county and state officials or boards.
(9)
The Board shall approve, with or without conditions, or disapprove the application within 62 days of the close of the public hearing on said matter. The Board shall communicate its action, in writing, to the applicant, the Town Clerk, the CEO and other appropriate boards within five business days of the meeting at which it decided the application. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(10)
The Town Clerk or CEO shall provide the Town Board with a monthly report of the actions taken by the Zoning Board of Appeals.
(11)
The CEO shall, upon receipt of the notice of approval and upon application by the applicant, issue the appropriate permit or such other approval permitting the variance, subject to all conditions imposed by such approval.
B.
Appeals procedure.
(1)
An appeal, specifying the grounds for the appeal, shall be filed with the officer, or body, from whom the appeal is taken and with the Zoning Board of Appeals. All appeals and applications shall be made to the Zoning Board of Appeals within 60 days of the date on which the order, requirement, decision or determination appealed from was rendered and shall be on forms prescribed by the Board.
(2)
Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
(3)
The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official.
(4)
The officer from whom the appeal is taken shall, within 30 days of the filing of the appeal, transmit all papers constituting the record upon which the appeal is taken to the Zoning Board of Appeals.
(5)
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In this case the proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record, on application, on notice to the officer from whom the appeal is taken and by showing due cause.
(6)
If the Zoning Board of Appeals determines that a public hearing is necessary, the Zoning Board of Appeals shall fix a time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent or by attorney.
(7)
The Zoning Board of Appeals shall render a decision on each appeal within 62 days of the close of the public hearing on said matter. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(8)
Any action by the Zoning Board of Appeals shall be stated in writing and communicated to the person bringing the appeal within five business days after the decision has been made.
C.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(2)
No such use variance shall be granted by the Zoning Board of Appeals without 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 the following to the Zoning Board of Appeals for each and every permitted use under the zoning regulations for the particular district in which the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem 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.
D.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(2)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3)
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.
E.
Imposition of conditions.
(1)
The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 165-106 Planning Board.
A.
Creation, Appointment and Organization of the Planning Board.
(1)
Pursuant to the provisions of the Town Law applicable thereto, the Town Board shall appoint a Planning Board consisting of the number of members and for the term of years set forth in § 271 of the Town Law.
(2)
The Planning Board shall establish such rules and regulations as are required by law and the provisions herein for the transaction of its business, and may amend, modify and repeal the same from time to time.
B.
Powers and Duties of the Planning Board. The Planning Board shall have the following powers and duties:
(1)
Said members are hereby vested with the powers and duties and made subject to the limitations set forth in Town Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards.
(2)
To review and, from time to time, propose modifications to the Comprehensive Plan for consideration by the Town Board.
(3)
To review development proposals, to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations to the Town Board.
(4)
To make investigations and reports relating to the planning and development of the Town, including changes in boundaries of districts, recommended changes in the provisions of this chapter, and to act on any matter lawfully referred to it by the Town Board.
(5)
To review, act on or provide advisory reports or applications as specified by this chapter.
(6)
To review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in this chapter, showing the arrangement, layout and design of proposed uses, buildings and/or structures shown on such plan.
(7)
To review and approve, approve with modifications or disapprove subdivisions showing lots, blocks or sites, with or without streets or highways in accordance with the provisions of this chapter and §§ 276, 277 and 278 of Town Law.
C.
Planning Board Office. The office of the Town Clerk shall be the office of the Planning Board. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office as required by the Town Law of the State of New York. The Planning Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determinations, its examinations and other official actions.
§ 165-107 Code Enforcement Officer.
A.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer (hereinafter referred to as CEO) who shall have such powers as are conferred upon him by this chapter. He shall be appointed by the Town Board and shall carry out any directives from the Board relative to the duties of the position set forth below. The CEO shall receive such compensation as the Town Board shall determine.
B.
Duties of the Code Enforcement Officer.
(1)
It shall be the duty of the CEO or any duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. In the fulfillment of their duties, the CEO or any authorized assistants may enter any premises or building during reasonable hours in the course of their duties in accordance with state law after due written notice has been given.
(2)
If the CEO shall find that any of the provisions of this chapter are being violated, the officer shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering corrective action. In an effort to attain compliance, the CEO shall have the authority to order the discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or illegal additions, alterations or structural changes; stop work; or the discontinuance of any illegal work in process. On the serving of notice by the CEO to the owner of any property violating any of the provisions of this chapter, the certificate of occupancy or certificate of compliance, as appropriate, for such building or use shall be held null and void. New certificates of occupancy and/or compliance shall be required for any further use of such building or premises.
(3)
It shall be the duty of the CEO to issue permits and certificates to applicants who fully comply with the provisions of this chapter.
(4)
The CEO shall maintain a permanent and current record of all applications for permits and certificates, the CEO's action upon same, any conditions relating thereto, and any other matters considered and action taken by the CEO. Such records shall form a part of the records of the CEO's office and shall be available for use by Town officials and for inspection by the public. The records to be maintained shall include the following:
(a)
An individual permanent file for each application for a permit or certificate provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees and the like; as appropriate, one copy of any resolutions or actions of the Town Board, Planning Board or Zoning Board of Appeals in acting on the application; and the date the permit or certificate applied for was issued or denied.
(b)
The CEO shall prepare a monthly report for the Town Board. Said report shall cite all actions taken by the CEO, including all referrals made; all permits and certificates issued and denied; all complaints of violation received and all violations found; and the action taken consequent thereon; and the time spent and mileage used. A copy of this monthly report shall also be transmitted by the CEO to the Tax Assessor, Planning Board and Zoning Board of Appeals at the same time it is transmitted to the Town Board.
(5)
Whenever the CEO denies a permit or certificate the CEO shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
(6)
The CEO shall maintain a current list and a map of nonconforming uses to determine if discontinuance or destruction, or change in use or vacancy, has taken place.
(7)
The CEO shall maintain a current list and a map showing the variances and special permitted use permits to determine if the conditions and safeguards placed on variances and special permitted use permits are being complied with.
(8)
Upon written direction from the Town Zoning Board of Appeals, the CEO shall issue special permitted use permits. Upon approval of a variance by the Zoning Board of Appeals, the CEO shall be empowered to issue the necessary permits with the specific conditions to be imposed.
(9)
The CEO shall be authorized and empowered to issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.
§ 165-108 Issuance of Certificates and Permits.
A.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit shall be a prerequisite for the erection or alteration of a building, structure or use thereof or for the change in the use of any land area or existing building. Permits issued pursuant to this section shall expire in 12 months. The CEO may grant an extension for time of completion and include any conditions or requirements deemed necessary or desirable. Applicants shall justify the need for the proposed extension. Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained. If a project is not initiated within six months of the issuance of the permit, the permit issued shall be considered null and void.
B.
Zoning permit.
(1)
The Code Enforcement Officer is hereby empowered under the procedures and requirements specified in Article IX to issue a zoning permit for any plans regarding the construction or alteration or demolition of any building or part of any building, or the change in the use of any land area or part thereof, or for the change in use of any existing building, where he shall determine that such plans are not in violation of the provisions of this chapter.
(2)
No development activities shall commence, nor shall any building or structure be erected, moved, added to or structurally altered or changed in use, nor shall any land area or part thereof be changed in use without a zoning permit therefor issued by the Code Enforcement Officer. No zoning permit shall be issued by the Code Enforcement Officer except in conformity with the provisions of this chapter, unless he receives a written order from the Zoning Board of Appeals in the form of an administrative review or variance as provided by this chapter.
C.
Special permitted use permit.
(1)
Upon written direction of the Zoning Board of Appeals, the Code Enforcement Officer is hereby empowered to issue a special permitted use permit as provided for by this chapter.
(2)
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article IV in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(3)
A special permitted use permit shall authorize only one particular special permitted use. The special permitted use permit shall expire if the use shall cease for more than one year for any reason.
(4)
No person shall be issued a special permitted use permit for a property where there is an existing violation of this chapter.
(5)
Before any special permitted use permit shall be issued, the Zoning Board of Appeals shall make written findings certifying compliance with the specific rules governing individual special permitted uses and that satisfactory provision and arrangement has been made relative to the following additional concerns:
(a)
Ingress and egress to the property and proposed structures thereon, with particular reference to vehicular and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection C(5)(a) above, and the noise, glare or odor effects of the special permitted use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permitted use.
(d)
Utilities as appropriate, with reference to locations, availability and compatibility.
(e)
Storm drainage, including potential impact on downstream properties.
(f)
Screening and buffering, with reference to type, dimensions and character.
(g)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(h)
Required yards and other open space.
(i)
General compatibility with adjacent properties and other properties in the zone district.
(6)
An original and seven copies of all applications for special permitted use permits shall be submitted to the Building Department on forms provided by the Building Department.
(7)
The application shall include a site plan of the special permitted use and subject parcel drawn to scale which includes all of the data specified herein.
(8)
The Code Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for approval in accordance with the procedures specified below.
(9)
The Code Enforcement Officer shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.
(10)
Prior to taking action on an application for a special permitted use, the Zoning Board of Appeals shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer. Public notice of the hearing shall be established by the publication of a notice in the official newspaper of the Town in accord with the provisions of Town Law. Said notice shall briefly describe the nature of the application and the time and place of the hearing. In addition, the applicant shall, at least seven days prior to the date of the hearing, give notice in writing by certified mail to all property owners within 500 feet of the property to be affected by said application or to all property owners of contiguous land or properties adjoining said property.
(11)
Within 62 days from the date of such public hearing, the Zoning Board of Appeals shall, by resolution, either approve, approve with conditions or disapprove the application so heard. The 62-day period available to make a determination may be extended by mutual agreement of the applicant and the Zoning Board of Appeals.
(12)
If the application was transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Zoning Board of Appeals cannot act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Town within the 30-day period.
(13)
In approving an application, the Zoning Board of Appeals may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Town's Comprehensive Plan, and its principles of land use and development and to protect the health, safety or general welfare of the public.
(14)
If an application is approved by the Zoning Board of Appeals, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Zoning Board of Appeals and he shall issue the permit applied for in accordance with the conditions imposed by the Board.
(15)
If any application is disapproved by the Zoning Board of Appeals, the reasons for such denial shall be set forth in the Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
(16)
The Code Enforcement Officer shall inspect the premises of a use authorized and approved with a special permitted use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Zoning Board of Appeals in approving the permit. If the Code Enforcement Officer shall determine that the conditions are not in compliance with the permit, the Code Enforcement Officer shall nullify the special permitted use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.
D.
Temporary use permits.
(1)
Upon written direction of the Town Board, the CEO is hereby empowered to issue temporary use permits as specified herein.
(2)
All temporary use permit(s) approved by the Town Board shall be in effect for a period of one year. Said permit(s) may be extended by the Town Board for additional periods not to exceed 12 months, and only if the applicant demonstrates that the use shall not continue indefinitely.
(3)
In the event that a permanent residence is destroyed by fire or another means, a temporary use permit may be approved to enable the placement of a temporary residence on a lot in a residential district, provided that the owner of the property obtains a building permit to erect a dwelling unit on said lot in accordance with Town regulations.
E.
Certificates of compliance/occupancy.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance or certificate of occupancy, as appropriate, has been issued by the Code Enforcement Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
(2)
Failure to obtain either a certificate of occupancy or compliance shall be a violation of this chapter and punishable as provided for herein.
(3)
Within seven days after the completion of the change in use of a building or parcel of land, the applicant shall so notify the Code Enforcement Officer stating that such action has been completed in compliance with this chapter. The applicant shall provide the Code Enforcement Officer with suitable evidence to document compliance. This evidence shall be in the form of an instrument survey or comparable documentation. Within seven days of the receipt of this notification, the Code Enforcement Officer shall conduct a final inspection of the premises to determine whether the new use complies with the requirements of this chapter. If the Code Enforcement Officer determines that said building or use complies with the provisions herein, he shall issue a certificate of compliance. If it is determined that the provisions specified herein are not fully complied with, the Code Enforcement Officer shall specify the violations and the terms and conditions for remedying these violations. A certificate of compliance shall not be issued until such violations are corrected.
(4)
No nonconforming building or use shall be maintained, renewed, changed or extended without a certificate of compliance having first been issued by the Code Enforcement Officer. The certificate of compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
F.
Temporary special events.
(1)
Purpose and intent. The purpose and intent of this subsection is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this subsection to protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics, and the nature of the proposed use. Finally, it is the intent of this subsection to preserve the public health, safety and convenience.
(2)
The term "special event" shall mean a temporary, short-term use of land or structures, not otherwise included as a permitted or accessory use by these regulations, for one or more of the following types of activities:
(a)
Type 1: fund-raising or noncommercial events for nonprofit religious, educational, or community service organizations; including any on-site signs and structures in conjunction with the event.
(b)
Type 2: temporary banners attached to the wall of a building or placed across street rights-of-way.
(c)
Type 3: promotional activities or devices intended to attract attention to a specific place, business, organization, event or district, such as signs, searchlights or balloons.
(d)
Type 4: commercial activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as a tent sale, trade show, farmers market, Christmas tree sales, or product demonstration.
(e)
Type 5: public events intended primarily for entertainment or amusement, such as concerts, festivals, carnivals, circuses or parades; or large private events such as film production. In addition, the temporary placement of a portable asphalt plant during construction work on any public road when such placement is not adjacent to said construction but will be placed within 1 and 1/4 miles of said construction.
(3)
The term "special event" shall not include amusement enterprises or garage sales at an individual residence, transient merchants, or off-site promotional signs.
G.
Special events not requiring a permit. Special events meeting the Type 1 definition are allowed without a special event permit, provided all of the following performance standards are met:
(1)
The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.
(2)
Any structure used in conjunction with the special event shall meet all applicable yard setbacks, shall be the subject of a valid zoning certificate, and shall be promptly removed upon cessation of the event.
(3)
The special event shall be restricted to hours of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration of four days, and to a maximum frequency for similar events of two times per calendar year.
H.
Special events subject to an administrative permit.
(1)
Special events meeting the following standards may be issued a special event permit administratively by the Code Enforcement Officer. In administering the provisions of this section, the Code Enforcement Officer shall be guided by applicable Town policies as adopted by the Town Board. Any applicant denied a special event permit shall be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the Town Board.
(2)
Special events meeting the Type 2 definition may be permitted administratively by the Code Enforcement Officer, provided that all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with this section.
(b)
No more than one banner will be displayed when attached to the wall of a building.
(c)
The size and design of the banners will be appropriate, given the size of the building to which they are attached and the character of the surrounding neighborhood.
(d)
The banner will be displayed for a maximum duration of 15 days per permit.
(3)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of this section may be permitted administratively by the Code Enforcement Officer subject to the prior review and approval of special arrangements for traffic and crowd control, as appropriate, by the Sheriff, Fire Chief of the appropriate fire district, and Town Engineer. No such administrative permit shall be issued unless all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with this section.
(b)
The special event will not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
(c)
The activity shall not cause the overcrowding of parking facilities given anticipated attendance and the possible reduction in the number of available spaces caused by the event itself.
(d)
The special event shall not endanger the public health, safety, or welfare given the nature of the activity, its location on the site, and its relationship to parking and access points.
(e)
The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.
(f)
Any structure used in conjunction with the special event shall meet all sight distance requirements, shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event.
(g)
The special event shall be conducted on private property where the property owner has granted the appropriate permission.
(h)
The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed 10 days.
I.
Special events subject to Town Board approval. Any special event not meeting the criteria of Subsection G and H above may be granted a special event permit by the Town Board. Such permit may be subject to such conditions and safeguards as the Town Board may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(1)
Restrictions on the hours of operation, duration of the event, size of the activity, or other operational characteristic.
(2)
The posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to Town Board expectations.
(3)
The provision of traffic control or security personnel to increase the public safety and convenience.
(4)
Obtaining liability and personal injury insurance in such form and amount as the Town Board may find necessary to protect the safety and general welfare of the community.
J.
Application and fee.
(1)
No special event permit shall be issued until an application has been submitted to the Code Enforcement Officer and the appropriate fee paid. The application shall be made on forms provided by the Code Enforcement Officer, and shall be accompanied by the following items as applicable:
(a)
A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures, signs or attention-attracting devices used in conjunction with the event.
(b)
A sketch plan showing the location of the proposed activities, structures and signs in relation to existing buildings, parking areas, streets and property lines.
(c)
A letter from the property owner or manager, if different from the applicant, agreeing to the special event.
(2)
Each application for a special event permit shall be accompanied by an application fee, except that such fee shall be waived for any applicant registered with the State of New York as a nonprofit organization. The fees shall be as established by the Town Board by separate resolution.
(3)
The special event permit shall be posted on the site for the duration of the event.
K.
Administrative adjustment.
(1)
Authority. The Building Inspector shall have authority to issue administrative adjustments, but only in accordance with the provisions of this section.
(2)
Purpose. For purposes of this section, carrying out the strict letter of a provision of this chapter may cause a practical difficulty, and an administrative adjustment is permitted to alleviate these practical difficulties in cases where all reasonable attempts were made to comply with the setback requirements, but, because of errors made, the structure was located within the required setback. This procedure can only be applied to new structures that obtained building permits in accordance with state and Town regulations.
(3)
Administrative adjustment standards. To approve an application for an administrative adjustment, the Building Inspector shall make an affirmative finding that the following standards are met:
(a)
The benefits to the applicant of the approval of the administrative adjustment outweigh any detriments to the health, safety and welfare of the neighborhood or community by such approval.
(b)
There is no means other than the requested administrative adjustment by which the difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot or parcel.
L.
Procedures.
(1)
Application. An application for an administrative adjustment shall include a brief description of the requirement to be varied and any other material necessary to ensure the criteria in this section.
(2)
Action by Building Inspector. Within 45 days, the Building Inspector shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.
(3)
Approval or denial. The Building Inspector shall have the authority to approve an administrative adjustment of up to one foot from any numerical standard set forth in this chapter. Any request greater than one foot shall be treated as a variance and reviewed by the Zoning Board of Appeals subject to the requirements of § 165-104.
M.
Appeals.
(1)
Appeal of a decision by the Building Inspector on an administrative adjustment shall be taken to the Zoning Board of Appeals within 60 days of the date of the Director of Zoning's decision in accordance with the procedures outlined in § 165-105.
(2)
An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the administrative adjustment may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 165-109 Application details.
Each application for a site plan review, temporary use or special permitted use shall be accompanied with a proposed site plan. All site plans submitted to the Town for review and approval shall be prepared by a licensed professional engineer, architect, land surveyor or landscape architect as per New York State Education Law. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building, and the appearance and function of the proposed use or building. The application shall include the following information and specify both "before" and "after" conditions:
A.
The location, design, dimensions, use and height of each proposed building and yard area.
B.
Property boundaries, as shown on an accurate map drawn to scale, including the precise location of the center line of the road, dimensions, North arrow and date.
C.
A general location map showing the location of the property in relation to adjacent parcels.
D.
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal electric and gas service, and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials of all proposed signs.
J.
The location and capacity of all areas to be used for loading and unloading and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
L.
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
M.
The location of fire and other emergency zones.
N.
Other elements integral to the proposed development as considered necessary by the Code Enforcement Officer, Town Engineer or Planning Board, including a property survey, any and all requirements to comply with the State Environmental Quality Review (SEQR) procedures, other community impacts and the identification of any state or county permits required for the execution of the project.
§ 165-110 Nonconforming uses.
A.
Continuance.
(1)
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption or amendment of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The provisions in this section, however, apply to all nonconforming uses.
(2)
A nonconforming lot shall not be further reduced in size.
(3)
A nonconforming building shall not be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of nonconformance.
(4)
A nonconforming use shall not be expanded, except as may be authorized by § 165-110C of this article.
(5)
A nonconforming use existing at the date of adoption of this chapter may not be changed to another nonconforming use.
(6)
A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again, except in accordance with these regulations.
B.
Certification of nonconformance. After the effective date of this chapter, upon the written request of the user of any structure or premises, or at the instance of the Code Enforcement Officer (CEO), an examination by the CEO of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a certificate of existing nonconforming use, which shall clearly describe the premises and structure, if any, referred to, and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be maintained by the CEO, one copy of which shall be furnished to the Zoning Board of Appeals and one copy to be furnished to the owner or user.
C.
Expansion of nonconforming uses and/or structures.
(1)
A nonconforming use and/or structure shall not be expanded, except in conformance with the procedures and regulations specified in this section. In no case shall such expansion extend beyond the lot occupied by such nonconforming use or structure. The expansion of a nonconforming use or structure hereunder shall be subject to approval by the Zoning Board of Appeals and each case shall be considered on an individual basis. Application forms for the expansion of a nonconforming use and/or structure shall be obtained from the CEO. The CEO shall issue a permit to allow the expansion of a preexisting nonconforming use and/or structure only upon written authorization of the Zoning Board of Appeals. The Zoning Board of Appeals, in considering such special requests, shall, at a minimum, address the following potential concerns:
(2)
Standards applicable to authorizing the expansion of a nonconforming use and/or structure.
(a)
The location and size of the nonconforming use and/or structure, the nature and intensity of the operations involved in or conducted in connection with it, the size and site in relation to it, and the location of the site in relation to it, and the location of the site with respect to streets providing access thereto. Conditions shall be in place such that the expansion will not be inconsistent with the orderly development of the district in which the use is located.
(b)
Screening or other protective measures shall be adequate to protect any adjacent properties from objectionable aspects of any such expansion of the nonconforming use.
(c)
Off-street parking areas shall be of adequate size for the particular use, and access drives shall be laid out so as to achieve maximum safety and minimum inconvenience to adjacent properties.
(d)
The Zoning Board of Appeals may prescribe any condition that it deems necessary or desirable to aid it in making a determination on the application and to protect the interests of the community and adjacent properties.
(3)
Public hearing.
(a)
Before authorizing the expansion of a nonconforming use and/or structure, the Zoning Board of Appeals shall give public notice and hold a public hearing on the application in the same manner as required by law for amendments to this chapter.
(b)
Prior to such public hearing, the application shall be referred to the Town Planning Board for report and recommendation. The Planning Board shall have 30 days after said referral to state its position relative to the proposed application. The Zoning Board of Appeals shall hold such public hearing at the earliest possible date following the 30-day referral period and may take action on the proposal as it deems appropriate.
(4)
Limitations. An authorization to permit the expansion of a nonconforming use and/or structure shall be deemed to authorize only the particular use or structure specified in the application and shall apply only to the area specified in the permit. A permit authorizing an expansion under this section shall expire within six months from the date of issuance if the nonconforming use and/or structure is not expanded or enlarged.
D.
Abandonment. In any district, whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. If actual abandonment, in fact, is evidenced by the CEO in the form of removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed as of the date observed and all rights to reestablish or continue such nonconforming use shall thereupon terminate. The CEO shall prepare written notice of such abandonment and file copies with the Zoning Board of Appeals, the Town Clerk and the property owner(s).
E.
Restoration.
(1)
Any building damaged by fire or other unintentional causes may be repaired or rebuilt at its same location and setback prior to being damaged. In no case, however, shall any new construction increase the degree of nonconformance. The failure to exercise any nonconforming use, including the failure to rebuild or repair a building containing a nonconforming use which shall be wholly or partially destroyed by fire or other casualty, for a period of one year, shall terminate the right to such nonconforming use and shall automatically revoke any permit issued hereunder.
(2)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall or roof which has been declared unsafe by the CEO.
(3)
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
(4)
Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
(5)
Any structure damaged by fire or other natural disaster shall require a new zoning permit before any reconstruction is started. A new certificate of compliance shall also be required.
(6)
Any structure partially destroyed by fire or other natural disaster shall be rebuilt in accordance with this chapter and the following additional provisions:
(a)
Any structural damage resulting from a fire, including but not limited to size of building, bearing walls, entranceways and building materials, shall require a new building permit and said reconstruction shall meet or exceed the requirements of applicable codes and the provisions of this chapter.
F.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
G.
Construction approval prior to adoption of chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or site complying with existing laws, a permit for which had been duly granted before the date of adoption of this chapter or any applicable amendment thereto.
§ 165-111 Incentive zoning.
A.
Purpose. The purpose of these provisions is to offer incentives to applicants who provide amenities that assist the Town in achieving specific physical, cultural and social policies described in the Town of Parma Comprehensive Plan and as may be further supplemented by local laws and ordinances adopted by the Town Board.
B.
Districts designated for incentives. Land within any zone district may be eligible for zoning incentives. Incentives may be offered to applicants who offer an acceptable amenity to the Town in exchange for the incentive.
C.
Amenities for which incentives may be offered. The following amenities may be either on or off the site of the subject application:
(1)
Preservation, to the greatest extent possible, of viable agricultural land for farm operations.
(2)
Passive and active open space and related improvements.
(3)
Road and/or utility improvements.
(4)
Cultural or historic facilities.
(5)
Provision of senior citizen or elderly housing facilities, provided that such uses shall be located in areas which are zoned as RR Rural Residential, NR Neighborhood Residential or MR Multifamily Residential.
(6)
Other amenities to residents of the Town which help to implement specific physical, cultural and social policies in the Comprehensive Plan.
(7)
Cash in lieu of any amenity(ies).
D.
These amenities shall be in addition to any mandated requirements pursuant to other provisions of Chapter 130, Subdivision of Land, and this chapter.
E.
Incentives permitted. The following incentives may be granted by the Town Board to the applicant on a specific site:
F.
Applications for incentives in exchange for amenities shall be submitted to the Town Board. In order for the Town to evaluate the adequacy of amenities proposed in exchange for the incentive requested, the applicant shall provide the following information:
(1)
The proposed amenity.
(2)
The cash value of the proposed amenity.
(3)
A narrative which:
(a)
Describes the benefits to be provided to the community by the proposed amenity.
(b)
Indicates that there are adequate sewage disposal, drainage, water, transportation, trash disposal and fire protection facilities in the zoning district in which the proposal is located to accommodate the demands generated by the incentive and amenity which are beyond the demands that would be placed on the existing facilities if the district were developed to its fullest potential.
(c)
Explains how the amenity helps implement the physical, social or cultural policies of the Town of Parma Comprehensive Plan and as may be supplemented by local laws and ordinances adopted by the Town Board.
(4)
The requested incentive.
G.
The Town Board shall review the proposal and inform the applicant as to whether or not the proposal is worthy of further consideration. If it is deemed worthy of further consideration, the applicant may then submit two sketch plans to the Planning Board in accord with the following procedures and requirements:
(1)
The first sketch plan.
(a)
The first sketch plan shall show how the site will be developed, with the amenity, if it is on-site, and the incentive. In addition to meeting the requirements of Chapter 130, Subdivision of Land, and this chapter, the sketch plan shall also show existing development, property owners' names and tax account numbers for all properties within 500 feet of the property lines of the proposed project or such other distance as specified by the Town Board.
(b)
If the incentive will result in an increase in the height of a structure, the applicant shall submit an elevation drawing, at a scale of 1/4 inch equals one foot, which shows the height permitted by district regulations, the proposed additional height, the distance to other principal structures on-site and on adjacent properties and their heights, as well as the locations of all property lines.
(c)
If the incentive will result in a reduction of the setback requirement, the drawing shall show this reduction in relation to the principal structures on-site and on adjacent properties, as well as the locations of all property lines.
(d)
If the incentive will result in a change to the floor area requirements, the drawing shall note the change in relation to each site.
(2)
The second sketch plan shall show existing development, the names of property owners and tax account numbers for all properties within 500 feet of the property line of the project site or such other distances as specified by the Town Board. This sketch plan shall show how the site would be developed exclusive of any amenity or incentive.
(3)
The applicant shall also submit such additional information and plans as may be required by the Planning Board which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.
H.
The Planning Board shall review the proposal and report to the Town Board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Planning Board's review shall be limited to the planning design and layout considerations involved with project review or such other issues as may be specifically requested by the Town Board. The Planning Board's report shall be submitted to the Town Board within 70 days from the date of the Planning Board meeting at which the proposal is first placed on the agenda. This time period may be extended/suspended for good cause by the Town Board.
I.
The Town Board shall review the Planning Board's report and notify the applicant as to whether it is willing to further consider the proposal. All requests submitted subject to the incentive provisions of this chapter shall require a public hearing by the Town Board. The Town Clerk shall give notice of all public hearings on incentive zoning requests in the official newspaper of the Town at least five days prior to the date of the hearing.
J.
All applicable requirements of the State Environmental Quality Review (SEQR) Act shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of an environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has sufficient sewage disposal, water, transportation, waste disposal and fire protection facilities to:
K.
Following the hearing and in addition to compliance with all SEQR requirements, the Town Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Town boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to Chapter 130, Subdivision of Land, and this chapter.
L.
Following preliminary plan approval and subject to meeting all conditions established in conjunction with the approval of the preliminary plan, including all documentation required by the Town Attorney and Town Board on the amenity, the applicant may submit a final plan for review and approval.
M.
Upon final plan approval, the Town Clerk shall affix a reference to the Official Zoning Map that this site was developed under the Town's incentive zoning provisions and include a reference to the date such action was taken.
N.
Cash payment in lieu of amenity. If the Town Board finds that an on-site amenity is not suitable or cannot be reasonably provided, the Town Board may require a cash payment in lieu of the provision of the amenity. These funds shall be placed in a trust fund to be used by the Town Board exclusively for specific amenities to be described prior to the acceptance of funds. Cash payments shall be made prior to the issuance of a building permit. Cash payments in lieu of amenities are not to be used to pay general and ordinary Town expenses.
§ 165-112 Violations and penalties.
A.
Any person, corporation or other entity who violates the provisions of this chapter shall be guilty of a violation of the Town Code and shall be subject to a civil penalty of a fine not to exceed $250. Each day of continued violation shall constitute a separate offense which shall also be subject to a fine not to exceed $250.
B.
In case of any new violation or any of the provisions of this chapter or conditions imposed by the Town Board, Planning Board or Zoning Board of Appeals in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 165-113 Fees and reimbursable costs.
A.
Application fees. Each application for a permit provided for by this chapter, or for an action requiring Town approval, including but not limited to inspection of project improvements, shall be accompanied by a fee, payable in cash or other form of security approved by the Town Attorney. Fees shall be established annually by resolution of the Town Board.
B.
Fees for recreation purposes. In accordance with the authority of New York Town Law § 277, Subdivision 4, the Town Board shall establish a fee for recreation purposes. Said fee is to be imposed and collected subsequent to the adoption of this chapter with respect to any dwelling unit that is built upon land shown on an approved plat. Said fee shall be authorized by the Planning Board if the Board determines that a suitable park or playground of adequate size cannot be properly located in such plat or is otherwise not practical. Such fee shall only be imposed once with respect to each dwelling unit and shall be collected at the time that the initial permit application is filed with respect to each dwelling unit. The moneys collected are to be deposited in a Town park fund. The use of these funds shall be determined by resolution of the Town Board.