Philipstown City Zoning Code
ARTICLE VIII
Administration
§ 175-53 Enforcement official.
The provisions of this chapter shall be administered and enforced by the Zoning Administrative Officer, who shall issue building permits and zoning permits. No building permit, zoning permit, certificate of occupancy, or other permit or license shall be issued if it would be in conflict with the provisions of this chapter, Chapter 62 of the Philipstown Town Code entitled "Building Construction and Fire Prevention," or any other applicable local, state, or federal law or regulation. Applications for site plan review, special permits, and variances may be reviewed initially for completeness by an employee or consultant to the Town, if so designated by the Town Board.
§ 175-54 Building permits and zoning permits.
A.
Building permit and certificate of occupancy. Building permits and certificates of occupancy shall be issued pursuant to Chapter 62 of the Town Code. In case of a conflict between this Article VIII and Chapter 62, Chapter 62 shall control, except with respect to matters relating to the interpretation and enforcement of this Chapter 175. If a building permit becomes invalid or expires, any subsequent renewal of such building permit or resubmission of a building permit application must comply with the zoning in effect at the time of renewal or resubmission.
B.
Zoning permit. A zoning permit shall be required for land uses that do not require a building permit, including excavation, grading, filling, and clearcutting pursuant to § 175-34.
C.
Application for zoning permit. Applications for a zoning permit shall be made on prescribed forms and shall contain the following information:
(1)
Land: a description of the land on which the proposed use or construction will occur, including deed and filed map references, lot numbers, and tax parcel numbers.
(2)
Use; occupancy: a description of the existing and proposed use of the land and the location of improvements.
(3)
Identity of owner, applicant: the full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations.
(4)
Description of work or changes in use: a brief description of the nature of the proposed work or change in use.
(5)
Valuation of work: the valuation of the proposed construction work, if any.
(6)
Plans and specifications:
(a)
Each application for a zoning permit shall be accompanied by two copies of a survey (if applicable), and a site development plan or plot plan, drawn to scale, with the following information (unless waived by the Zoning Administrative Officer):
[1]
The courses, dimensions, and detail of all the boundary lines of the proposed lot of occupancy and the street boundaries adjacent thereto.
[2]
The location and size of any proposed new construction and its distance from lot lines.
[3]
All existing buildings, structures, parking areas, traffic access and circulation drives, open spaces, and landscaping on the site.
[4]
The nature and character of any work to be performed and the materials to be used.
[5]
The relationship of the property to structures on adjoining property.
[6]
The widths and grades of adjoining streets, walks, and alleys.
(b)
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by the Education Law or any other applicable statutes, laws, rules, or regulations of the State of New York, the seal of a licensed architect, surveyor, landscape architect, or professional engineer.
(7)
Additional information. Such other information as may be reasonably required by the Zoning Administrative Officer to establish compliance with the requirements of this chapter.
D.
Action upon application.
(1)
The Zoning Administrative Officer shall promptly review the application and approve or deny it, giving the reason for any denial. A copy of the approved or disapproved application shall be delivered or mailed to the applicant within two working days.
(2)
An application with the approval of the Zoning Administrative Officer endorsed thereon shall constitute the zoning permit, which shall become effective when the Zoning Administrative Officer has filed written approval of the permit application in the office of the Town Clerk. A copy of the permit shall be placed in the permanent file for the property.
E.
Invalid approval. No zoning permit shall be valid unless it complies with all provisions of this chapter. Any permit approved in violation of this chapter shall be void.
F.
Termination of zoning permit. An approved zoning permit shall terminate and become void if there is no commencement of the new use within 12 months of the date of approval. If a zoning permit has been issued and it expires without commencement of the use, any subsequent renewal of such zoning permit or any resubmission of a zoning permit application must comply with the zoning in effect at the time of renewal or resubmission.
§ 175-55 Steps to obtain permits.
The typical steps to obtain permits to erect, occupy, or change the use of a permitted structure or lot are as follows:
A.
Any person intending to undertake new construction, structural alteration, or change in the use of a building or lot shall apply to the Code Enforcement Official for a building permit or zoning permit by submitting the appropriate application form and paying the required fee. For rules governing changes of use, see § 175-10F.
B.
The Code Enforcement Official shall grant or deny the permit as provided in § 175-54, or refer the application to the Planning Board (or Town Board or Zoning Board of Appeals if appropriate) if a special permit and/or site plan approval is required.
C.
If a building or zoning permit is issued, the applicant may proceed to undertake the action permitted. Upon completion of any construction, the applicant shall apply to the Code Enforcement Official for a certificate of occupancy (for building permits only).
D.
If the Code Enforcement Official finds that the applicant's action has been taken in accordance with the building permit, the Code Enforcement Official shall issue a certificate of occupancy as provided in § 175-56 of this chapter and Chapter 62 of the Town Code, allowing the structure to be occupied.
E.
If the Code Enforcement Official denies a building or zoning permit and does not refer the application to the Planning Board or Town Board, the applicant may appeal to the Zoning Board of Appeals.
§ 175-56 Certificates of occupancy.
No building or structure hereafter erected, constructed, enlarged, altered, or moved, and no enlarged, extended, altered, or relocated portion of an existing building or structure shall be occupied or used until a certificate of occupancy, certificate of compliance, or certificate of completion has been issued by the Zoning Administrative Officer, in accordance with the provisions of Chapter 62 of the Town Code, this chapter, and any other applicable laws and regulations.
§ 175-57 Violations and penalties; enforcement.
A.
Inspection. In order to determine compliance with this chapter, the Zoning Administrative Officer is authorized, to the extent permitted by law, to enter, inspect, and examine any building, structure, place, premises, or use in the Town of Philipstown. Such entry and inspection shall be with the permission of the landowner or lessee, except where there is probable cause to believe that a violation exists, in which case all legally required procedures shall be followed to fulfill the Town's inspection responsibilities.
B.
Notice of violation.
(1)
Upon finding any construction, improvements, or uses to be in violation of this chapter, the Zoning Administrative Officer shall transmit a written notice of violation describing the alleged violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, with a copy to the Town Board. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrative Officer within 30 days. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrative Officer within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that, if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the Town.
(2)
If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Zoning Administrative Officer, the notation "violation corrected" shall be made on the Zoning Administrative Officer's copy of the notice.
(3)
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Zoning Administrative Officer within the time limit set, the Zoning Administrative Officer shall take action in accordance with Subsection C.
(4)
A permanent record of all notices of violation and their disposition shall be kept in the offices of the Zoning Administrative Officer.
(5)
In the event that the Zoning Administrative Officer finds violations of both this chapter and Chapter 62 on the same property, the Zoning Administrative Officer may issue one notice of violation under both chapters, citing specific violations of each chapter, using the notice of violation procedures contained in Chapter 62.
C.
Abatement of violations. The Zoning Administrative Officer or the Town Board may issue a stop-work or cease-and-desist order and/or institute an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business, or use that violates this chapter. Such legal action may include the issuance of an appearance ticket pursuant to the Criminal Procedure Law, § 150.20.
D.
Penalties.
(1)
A violation of this chapter is an offense punishable by fine not exceeding $350, or imprisonment for a period not to exceed 15 days, or both for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine not less than $350 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.
(2)
In addition, any violation of this chapter shall be punishable by a civil penalty of not more than $2,000 for every such violation. Such civil penalty may be recovered in an action brought by the Town of Philipstown in any court of competent jurisdiction. In the event the penalty sought is within the monetary jurisdiction of the justice court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the attorney representing the Town, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act. Such action may be compromised and/or settled by the Town. Each week's continued violation shall constitute a separate additional violation for which separate and additional civil penalties may be imposed and recovered.
(3)
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 abatement of a violation pursuant to Subsection C. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender, and may be recovered in a civil court of appropriate jurisdiction.
E.
Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a signed written complaint reporting such violation to the Zoning Administrative Officer. The Zoning Administrative Officer may also investigate any oral complaint made to his/her office. All complaints, written or oral, shall be properly recorded, filed, and promptly investigated by the Zoning Administrative Officer, and reported to the Town Board.
F.
Accountability. For every violation of the provisions of this chapter, the owner, agent, contractor, lessee, ground lessee, tenant, licensee, or any other person who commits, takes part, or assists in such violation or who maintains any structures or premises in which any such violation exists, shall be punishable according to the provisions of this chapter.
§ 175-58 Escrow deposits for review and inspection costs.
In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, variance, or other appeal, the reviewing board may require an applicant to deposit money into an escrow account as provided in § 71-3 of the Town Code.
§ 175-59 Zoning Board of Appeals.
Pursuant to the provisions of § 267 of the Town Law, there is hereby established a Zoning Board of Appeals consisting of five members appointed by the Town Board. The Town Board may appoint alternate members for terms specified by resolution, for purposes of substituting as needed for a regular member in the event such member is unable to participate in a particular matter or matters because of a conflict of interest or because of an expected extended absence. The Chairperson of the Zoning Board of Appeals may designate one of the duly appointed alternate members to substitute for a regular member where a regular member has a conflict of interest or expects to have an extended absence. Such designation of an alternate member shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. To the extent that the preceding three sentences may be inconsistent with § 267(11) of the Town Law, the Town Board hereby expresses its intention to supersede the Town Law in accordance with Municipal Home Rule Law, Article 2, § 10 et seq. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and this chapter in connection with appeals to review any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this chapter, generally the Zoning Administrative Officer. An appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town.
A.
Appeals of orders, requirements, decisions, interpretations, or determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the 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 administrative official charged with the enforcement of this chapter. In so doing, the Zoning Board of Appeals shall have all the powers of the administrative official from whose order, requirement, decision, interpretation, or determination the appeal is taken.
B.
Appeals for variance.
(1)
The Zoning Board of Appeals shall have the power, upon appeal from a determination by the Zoning Administrative Officer and after public notice and hearing, to vary or modify the application of any of the provisions of this chapter relating to the use, construction, or alteration of structures or the use of land, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done.
(2)
All applications for variances shall be submitted to the Zoning Administrative Officer at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by six copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot. This requirement may be modified for larger properties to show only those existing structures in the vicinity of the requested variance. An application for a use variance may require submission of an agricultural data statement pursuant to § 175-37C.
(3)
Any variance which is not exercised by application for a zoning permit or by otherwise commencing the use within two years of the date of issuance shall automatically lapse.
C.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from a decision or determination of the Zoning Administrative Officer, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed by this chapter. No use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship to the applicant. In order to prove unnecessary hardship, the applicant shall demonstrate that for each and every permitted use under this chapter for the district in which the applicant's 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)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals shall consider any agricultural data statement submitted pursuant to § 175-37C.
(4)
The Zoning Board of Appeals, in granting use variances, shall grant the minimum variance that it deems 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.
(5)
In addition to the grounds for granting a use variance in Subsection C(1) above, a use variance may also be granted if the applicant can prove, by competent financial evidence, deprivation of all economically beneficial use of the property. In such a case, the Zoning Board of Appeals shall grant only the minimum variance necessary to allow an economically beneficial use.
(6)
If the use variance is granted for a nonresidential use, the applicant shall obtain site plan approval from the Planning Board prior to commencing the use or obtaining a building permit or zoning permit.
D.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Zoning Administrative Officer, to grant area variances from the area or dimensional requirements.
(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 of such grant. In making its 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 shall be relevant to the decision of the Board, but which 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 deems necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community.
E.
Imposition of conditions. The Zoning Board of Appeals shall, in granting use variances and area variances, 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 the variance may have on the neighborhood or community.
F.
Procedures.
(1)
Application. Appeals shall be taken by filing a written notice of appeal and any required plans with the Zoning Administrative Officer and the Zoning Board of Appeals within 60 days after the filing of the order, requirement, decision, interpretation, or determination that is being appealed, on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or for the reversal of an order, requirement, decision, or determination of an administrative official. The Zoning Administrative Officer shall forthwith transmit all the papers constituting the record of the appeal to the Zoning Board of Appeals.
(2)
Referral to Putnam County Department of Planning and Development.
(a)
Requests for variances that require referral to the Putnam County Department of Planning and Development shall be so referred pursuant to General Municipal Law, Article 12-B, §§ 239-1 and 239-m, as amended.
(b)
No action shall be taken on variances referred to the Putnam County Department of Planning and Development until its recommendation has been received, or 30 days have elapsed after its receipt of the full statement of the proposed variance, unless the county and Town agree to an extension beyond the thirty-day requirement for the Putnam County Department of Planning and Development's review.
(c)
County disapproval. A majority-plus-one vote shall be required to approve any variance which receives a recommendation of disapproval from the Putnam County Department of Planning and Development because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
G.
Hearing and public notice.
(1)
If an agricultural data statement has been submitted, the Secretary of the Zoning Board of Appeals shall, upon receipt of any variance application, mail written notice of the application to the owners of land as identified by the appellant in the agricultural data statement. Such notice shall include a description of the proposed variance and its location. The cost of mailing the notice shall be borne by the appellant.
(2)
The Zoning Board of Appeals shall set a reasonable time after receipt of a complete application for the hearing of appeals.
(3)
The Secretary of the Zoning Board of Appeals shall refer all applications for use variances to the Planning Board for a report prior to the public hearing. If the Planning Board does not report within 30 days of such referral, the Zoning Board of Appeals may take action without the Planning Board's report.
(4)
At least five days prior to the date of the hearing of appeals, the Zoning Board of Appeals shall publish notice of such hearing in the official newspaper, mail notice thereof to the Planning Board, simultaneously with the appeal being placed on the Zoning Board Agenda, and send notice by first-class mail to all property owners within 200 feet of the property upon which the appeal is taken as shown on the most recently adopted tax assessment roll. The cost of publishing and mailing such notices shall be borne by the appellant.
[Amended 11-20-2012 by L.L. No. 3-2012]
(5)
If the application is for a use variance on property located within 500 feet of the boundary of an adjacent municipality, notice of the hearing shall be sent to the Clerk of the adjacent municipality by mail or electronic transmission at least 10 days prior to such hearing, and such adjacent municipality may appear and be heard.
(6)
At the hearing, any party may appear in person or by agent or by attorney.
(7)
The Zoning Board of Appeals may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal. If the hearing is adjourned for more than 30 days, the Board may require that it be renoticed as provided in Subsection G(4) above.
H.
Action. The Zoning Board of Appeals may reverse, affirm, or modify, wholly or in part, the order, requirement, decision, interpretation or determination of the administrative official in accordance with the provisions of this chapter.
(1)
Any such action shall be decided within 62 days after the close of the hearing.
(2)
Every decision of the Zoning Board of Appeals shall be approved by vote of a majority of the members by resolution which contains a full record of the findings and rationale for the decision. If the Zoning Board of Appeals acts contrary to the recommendations of the Town Planning Board or the Putnam County Department of Planning and Development, it shall give written reasons for such action.
I.
Filing. Every order, requirement, decision, interpretation, or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days after the decision is rendered, and shall be a public record. A copy thereof shall be placed in the permanent file of the property and shall also be mailed to the appellant within the same five-day period.
J.
Court review of Board decisions. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules and § 267-c of the Town Law.
K.
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire if the appellant fails to obtain any necessary building permit within 12 months of the date of such decision.
L.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrative Officer certifies for the Zoning Board of Appeals, after the notice of appeal has been filed, that such a stay of proceedings would, in the Zoning Administrative Officer's opinion, cause imminent peril to life or property by reason of facts stated in the certificate. In such a case, proceedings shall not be stayed except by a restraining order granted by the Zoning Board of Appeals or by the Supreme Court on application, on notice to the Zoning Administrative Officer for due cause shown.