Penfield City Zoning Code
ARTICLE XV
Miscellaneous Provisions
§ 250-15.1 Amendments.
A.
Purpose. This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this article.
C.
Application for an amendment. A property owner(s) or his/her agent(s) may initiate a request for an amendment to this chapter by filing an application with the Town Clerk using forms provided for such requests by the Town. Such application shall be accompanied by a legal description and a map of the property or properties to be rezoned, and a filing fee as required in the Town's fee schedule established by resolution by the Town Board.
D.
Public hearing on amendment. A public hearing shall be held by the Town Board before an amendment is permitted. Notice of said hearing shall be provided as required in § 250-15.4 of this article.
E.
Referral to Planning Board. The Town Board shall refer an application(s) for a zoning amendment to the Planning Board for review and recommendation.
F.
Records of amendments. The Town Clerk shall maintain separate files and records of each amendment to the map of this chapter, which shall be open to public inspection upon request.
§ 250-15.2 Fees.
Fees shall be collected by the Town Clerk upon the filing of an application. Such fees shall be as established by resolution by the Town Board and are not refundable.
§ 250-15.3 Engineering review fee.
A.
An engineering review fee shall be paid by any applicant or his/her agent whenever the services of the Town Engineer are required to review sketches, plats or plans submitted to any board of the Town, the Planning Department, Department of Public Works, Highway Department, or the Department of Sewers and Sanitation. Such fee shall apply to all types of building and development, and to all of the districts, and to all of the proceedings of any board of the Town of Penfield, where the services of the Town Engineer are required to review sketches, plats or plans on behalf of the Town or any of its boards or departments. The payment of such fee shall be a prerequisite to any such review.
B.
The engineering review fee, based on the number of units, shall be established by resolution by the Town Board.
C.
Payment.
(1)
When the Town Engineer is required to review in two stages (preliminary and final), then the applicant or his/her agent shall pay 1/2 of the engineering review fee upon submission for preliminary review of such sketches, plats, or plans, and 1/2 of the fee upon submission for final review.
(2)
When the sketches, plats or plans are able to be reviewed as a one-stage review by the Town Engineer, then the required fee shall be paid in full, as heretofore directed, before any board, department or officer of the Town shall grant final approval for building permits.
§ 250-15.4 Notice of public hearing; neighbor notification.
A.
When the Town Board, Planning Board, Zoning Board of Appeals or Historic Preservation Board is required to hold a public hearing, as provided for in this chapter or elsewhere by law, notice of the hearing shall be given pursuant to the provisions of Town Law § 264.
B.
Fees collected by the Town Clerk upon the filing of an application shall pay for the Town’s neighbor notification procedures. Such neighborhood notification procedures shall be as established by resolution by the Town Board for the purpose of notifying interested parties through a variety of media outlets to include, but not be limited to, website posting, post card mailings, and sign posting on the subject property. Implementation of the neighborhood notification policy is the responsibility of the Town department to which the application was made.
§ 250-15.5 Limitation on new applications.
In a case where an application is denied by the board having jurisdiction, unless specifically stated to be without prejudice, that application shall not be eligible for resubmission for a period of one year from the date of said denial unless, in the opinion of the board having jurisdiction, new evidence is submitted or conditions have significantly changed to an extent that further consideration is warranted.
§ 250-15.6 Essential services.
Nothing in this chapter shall prohibit the provision of essential services, provided the installation of such service does not violate any other applicable provision of this chapter. Nothing in this section shall be construed to permit the erection, construction, or enlargement of any aboveground structures, except utility poles and wires and such facilities as otherwise permitted in this chapter.
§ 250-15.7 Temporary uses.
Nothing in this chapter shall prevent the use of a travel trailer, mobile home, or other similar mobile structures, in any district except a floodplain district, as a temporary construction field office for a period not to exceed the period of construction; provided, however, such structure is not used for overnight sleeping accommodations and adequate arrangement for sanitary facilities are made; and provided, further, that the temporary field office has been verified as such and conforming to this chapter by the authorized official.
§ 250-15.8 Order to abate violation.
Upon the determination by the authorized official that there has been a violation of any provision of this chapter, the authorized official shall deliver or mail to the holder of any permit issued under this chapter, or if no such permit has been issued, then to the owner and/or the person occupying the land where the violation shall have occurred, an initial order, in writing, directing that the conditions specified therein be corrected within 30 days after the delivery of such order.
§ 250-15.9 Penalties for offenses.
A.
Any person, firm, company or corporation who or which shall omit, neglect or refuse to do any act required by this chapter, or who or which shall omit, neglect or refuse to do any act or condition imposed by the Town Board, Zoning Board of Appeals or the Planning Board, or who or which shall build any structure contrary to the plans or specifications submitted to the authorized official and certified by him/her as complying with this chapter, shall be subject to enforcement and penalties as follows:
(1)
For conviction of a first offense, a fine of not more than $350 or imprisonment not to exceed 15 days, or both.
(2)
For conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $350 nor more than $700, or imprisonment not to exceed 15 days, or both.
(3)
For conviction of a third or subsequent offenses, all of which were committed within a period of five years, a fine of not less than $700 nor more than $1,000, or imprisonment not to exceed 15 days, or both.
B.
Each and every week that a violation of any of the provisions of this chapter continues after written notice shall have been delivered or mailed to the person in violation of this chapter shall constitute a separate violation. In addition to the remedies set forth, the Town Board may institute an appropriate action to proceed to abate any violation of the provisions of this chapter or to compel compliance therewith.
C.
Any person, firm, company or corporation who or which shall fail to acquire any permit or license herein required within 30 days of the time that said permit or license should have been acquired under this chapter shall pay to the Town Clerk, before the issuance of any said permit or license, a sum equal to three times the fee set for the issuance thereof.
§ 250-15.10 Assessment of charges.
A.
In order to secure compliance with this chapter and to protect and preserve public health, safety and welfare, the Town Board shall have the power to perform work, labor and services as required of persons under this chapter and to add the cost thereof to the Town tax bill applicable to the property where such is performed, pursuant and subject to the terms and conditions of this section.
B.
Upon inspection by the authorized official and subsequent to the service of an order to abate violation as set forth in § 250-15.8 of this chapter, the authorized official may report to the Town Board in writing his/her findings and recommendations regarding any act or acts required of any person, firm, company or corporation who or which shall have omitted, neglected or refused to do any such act required of him/her pursuant to this chapter.
C.
The Town Board shall thereafter consider such report and shall by resolution determine, if in its opinion such report warrants, that such act or acts shall, in the interest of public health, safety or welfare, be performed and may order that such be performed. Such resolution and order shall contain the following:
(1)
A description of the subject premises and/or structure;
(2)
A statement of the particular act or acts required of the person, firm, company or corporation, or its agent or person in control thereof;
(3)
A statement that such act or acts shall commence within 10 days after service of the order and be completed within a reasonable time thereafter as the Town Board may specify, which may (for good cause shown) be extended by the Town Board;
(4)
A date, time and place for a public hearing before the Town Board on the act or acts required by its order, which hearing shall not be scheduled less than five business days from the date of service of the resolution and order; and
(5)
A statement that, in the event of the neglect or refusal to comply with the Town Board order, the Town Board shall undertake to cause the same to be performed and that the costs incurred in so doing shall be levied as a special charge against the property where said is performed.
D.
A certified copy of the resolution and order adopted by the Town Board pertaining to said act or acts required shall be:
(1)
Served upon the owner, agent or person in control of the property where such act or acts shall be performed, in the same manner as prescribed for the service of a summons pursuant to the Civil Practice Law and Rules;
(2)
Posted upon the property where such act or acts are to be performed; and
(3)
Filed in the office of the Monroe County Clerk.
E.
In the event of the refusal or neglect of the person so notified to comply with said resolution and order of the Town Board, and after a hearing, the Town Board shall provide for the required act or acts to be done by Town employees or by contract. Any contract for such act or acts in excess of $5,000 shall be awarded by competitive bid.
F.
After completion by the Town of the required act or acts, the Town shall submit by mail, to the person and address as shown in the records of the Town Assessor of the owner of the property where such shall have been performed, an itemized statement which shall specify the act or acts performed, the provider of such, the cost thereof, and a reasonable charge by the Town for administration thereof (including but not limited to the cost of publication, service of process, engineering and legal fees, interest charged at the specified rate permitted for judgments, and the like). If after a reasonable period of time said charge remains unpaid, the Town Board shall pass a resolution assessing the same as a special charge and directing the Assessor to add said charge to the Town tax bill of the property owner in the same manner as provided in Article 15 of the Town Law for the assessment of special charges.