Schodack City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 219-141 Officials designated.
The Code Enforcement Officer shall enforce all provisions of this chapter except where otherwise herein specifically required. Whenever any permit is required herein, the same shall be applied for and shall be issued in the first instance from the Office of the Town Code Enforcement Officer in accordance with the requirements of this chapter and applicable Town regulations governing building construction and the issuance of Building and Zoning Permits.[1] The Code Enforcement Officer shall work directly with the Town of Schodack Planning Board, the Town of Schodack Zoning Board of Appeals, and the Town of Schodack Planning Director, all of whom shall serve to uphold the intent of this Zoning Law through the powers and duties granted herein.
§ 219-142 Right of entry.
The Code Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property at any reasonable time for the purpose of carrying out his/her duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Town Building Department.
§ 219-143 Powers and duties of Code Enforcement Officer.
In addition to all other authority conferred by law, the Code Enforcement Officer shall have the following powers and duties with respect to this chapter:
A.
Issuance of building and zoning permits. No building or structure shall be erected, altered, reconstructed or enlarged until the Code Enforcement Officer has issued a Building and Zoning Permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
B.
Issuance of certificate of occupancy and/or certificate of compliance.
(1)
No use shall be established or land or structure occupied until the Code Enforcement Officer has issued a certificate of occupancy or certificate of compliance stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy or certificate of compliance shall be issued for any special use of a building or of land requiring special use permit approval by the Planning Board unless and until such special use permit or site plan approval has been granted by the Planning Board. Every certificate of occupancy or certificate of compliance for which a special use permit or site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject and shall include, by attachment, a copy of such Board of Appeals decision.
C.
The Code Enforcement Officer shall administer the Town Center regulations found in Article XIX of this chapter as follows:
(1)
The Code Enforcement Officer is hereby authorized to undertake the review and approval of all of the following types of applications and shall coordinate such review with any other Town Code review requirements emergency responders, highway or other agency officials as deemed necessary:
(a)
Simple renovations such as door and window changes, re-siding, re-roofing, and enclosing entryways as prescribed by the Town Center approval;
(b)
Compliance with conditions of approval as specified in a prior written decision of the Planning Board; and
(c)
Minor amendments to development applications previously approved by the Planning Board where the proposed amendment otherwise qualifies for administrative review and will not substantively alter any findings of fact or Planning Board decision and related conditions of approval.
D.
Issuance of notices of violation. Whenever, in the opinion of the Code Enforcement Officer, after proper examination and inspection, there appears to exist a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall serve a written notice upon the appropriate person(s) responsible for such alleged violation. Such notice shall be served in accordance with the requirements herein.
E.
Issuance of stop-work orders. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder, or in an unsafe or dangerous manner, the Code Enforcement Officer shall promptly notify the appropriate person(s) responsible to suspend work on any such building or structure or the use of any such land. Such person(s) shall forthwith suspend such activity until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and may be served upon the person(s) whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or premises in use and additionally sending a copy of the same by registered mail.
F.
Emergency action. If, in the opinion of the Code Enforcement Officer, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety, morals or welfare of occupants of a building or to other persons, the Code Enforcement Officer may direct such violation immediately remedied or may take direct action on his own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant or person(s) responsible for the violation. The Code Enforcement Officer shall keep on file an affidavit stating, with fairness and accuracy, the items of expense and date of execution of action taken, and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses or place a lien against property in order to recover said costs.
§ 219-144 Powers and duties of Director of Planning and Zoning.
The Director of Planning and Zoning shall have the following powers and duties with respect to the Zoning Law:
A.
Shall serve the Town of Schodack Planning Board and the Town of Schodack Zoning Board of Appeals in assisting with the processing of applications prior to and throughout review.
B.
The Director of Planning and Zoning shall serve as the Stormwater Officer and/or MS4 officer in accordance with this chapter.
C.
The Director of Planning and Zoning shall administer the Town Center regulations found in Article XIX of this chapter as follows:
(1)
Review process.
(a)
Schematic conference. At the very early stages of concept design, prior to developing any detailed architectural/engineering drawings or filing a formal application, the applicant shall schedule an informal (pre-application) Schematic Conference with the Director of Planning and Zoning to discuss the general project intentions and review the code and its procedures. The purpose of this conference is early detection of any potential design or other concerns before the applicant has expended time and funds on design and engineering plans which may require significant changes.
(b)
A request for a schematic conference shall be accompanied by a very basic site schematic/layout plans and a copy of any additional information the applicant wishes to discuss.
(c)
After the conference, the Director of Planning and Zoning will provide to the applicant a preliminary list of recommendations related to the development plans, such as: variances or permits required; initial design feedback; guidance on which types of technical studies may be necessary; and identify any additional review that might be necessary before approvals can be granted.
(d)
If it is determined that the application would qualify for administrative review as submitted, or with only minor modifications, the Director of Planning and Zoning shall inform the applicant of what additional steps, changes, forms and fees would be required to submit a formal application. Once submitted, the formal application may be approved, approved with modifications or denied as part of administrative review. Other applications shall proceed to the Concept Development Meeting.
(e)
Concept development meeting. After the Pre-Application Conference, the applicant shall prepare revised design plans, including any suggested modifications, required studies and information requested in the previous meeting. The Director of Planning and Zoning may facilitate a concept development meeting with the applicant prior to the formal application to the Planning Board.
(2)
Formal application. Formal applications for the Town Center shall be submitted to the Director of Planning and Zoning along with any required plans, forms, fees and studies.
(a)
Any required variances or special use permits shall be obtained prior to/or in parallel with formal application process.
(b)
Applications shall be reviewed for completeness. The Director of Planning and Zoning will notify the applicant if their application is complete or not, and identify any missing information which must still be submitted. The applicant must submit the requested information within 60 days of notification or the application will be deemed withdrawn, forfeiting any application fees.
D.
The Planning Director shall coordinate all zoning and map amendments with the Town Clerk for filing with Rensselaer County and New York State. The Planning Director shall maintain an updated Zoning Law and Map on file in the Planning Department of the Town of Schodack.
§ 219-145 Powers and duties of Planning Board.
The Planning Board shall have the following powers and duties with respect to this Zoning Law:
A.
Review and approval of Site Plans, Subdivisions, and other boundary line adjustments in accordance with the standards and procedures set forth herein.
B.
Review and approval of Special Use Permits in accordance with the standards and procedures set forth herein.
C.
Submittal of an advisory opinion to the Town Board for any proposed amendment to this Zoning Law.
D.
On the request of the Town Board, or on its own initiative, submittal of an advisory opinion to the Town Board in any matter relating to planning and zoning.
E.
Exercise all other powers conferred upon it by the provisions of the New York Town Law and to pass upon all matters which may be referred to it from time to time by resolution of the Town Board.
F.
The Planning Board shall adhere to any State-mandated training requirements.
G.
The Planning Board shall administer the Town Center regulations found in Article XIX of this chapter as follows:
(1)
The Planning Board has authority to modify dimensional standards of the Town Center Form Based Code. Recognizing this form-based code is being applied to an existing built-up area where it is expected that strict compliance with every dimensional standard may not be practical or necessary to meet the purposes of this chapter, the Planning Board is authorized to vote by a super majority vote (majority plus one) to modify or waive the dimensional standards set forth herein within plus or minus 25% range, as appropriate, provided all of the following findings are made by the Planning Board in rendering its decision that such waiver or modification:
(a)
Does not create an undue adverse effect on abutting properties or uses; and
(b)
Does not increase the number of stories of a building; and
(c)
Does not conflict with the intent of the standard being waived or modified; and
(d)
Allows for improvement that will add to the overall vitality of the Town Center area; and
(e)
Advances the purposes of this chapter of the Town Code.
(2)
Consent agenda. The Planning Board may require that Administrative Review applications be placed on a consent agenda at the next Planning Board meeting. As part of the consent agenda process, the Planning Board may review and modify previously approved plans without the need for a new site plan or special use application. Such items may include:
(a)
Construction or modification of parking lots or areas affecting 10 spaces or fewer.
(b)
Awnings.
(c)
Fences, landscape walls and berms.
(d)
Signs and awnings.
(e)
Stormwater management improvements of 5,000 square feet or less.
(f)
Lot line adjustment.
(g)
Additions of no more than 2,500 square feet to existing buildings located 500 feet or more from an abutting residential district that are 50% or less of the existing gross floor area of the principal structure that otherwise comply with all applicable dimensional standards.
H.
Any other powers and duties as specified elsewhere in this Zoning Law.
§ 219-146 Building and zoning permits.
A.
No person, firm, corporation or other legal entity shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure or excavate or grade land or cause the same to be done without first obtaining a separate Building and Zoning Permit from the Building Department for each such building or structure as required pursuant to the Town of Schodack.
B.
Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a Building and Zoning Permit for work in any category set forth in Subsection A of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
C.
Applications for building and zoning permits. Applications for a Building and Zoning Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
D.
Construction documents. Construction documents will not be accepted as part of an application for a Building and Zoning Permit unless they satisfy the requirements set forth in Subsection C(5) of this section. Construction documents which are accepted as part of the application for a Building and Zoning Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building and Zoning Permit will be issued. Work shall not be commenced until and unless a Building and Zoning Permit is issued.
E.
Issuance of building and zoning permits. An application for a Building and Zoning Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building and Zoning Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
F.
Building and Zoning Permits to be displayed. Building and Zoning Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
G.
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building and Zoning Permit. The Building and Zoning Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building and Zoning Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building and Zoning Permit, such change shall not be made until and unless a new or amended Building and Zoning Permit reflecting such change is issued.
H.
Time limits. Building and Zoning Permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building and Zoning Permits shall expire 12 months after the date of issuance. A Building and Zoning Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
I.
Revocation or suspension of Building and Zoning Permits. If the Code Enforcement Officer determines that a Building and Zoning Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building and Zoning Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building and Zoning Permit or suspend the Building and Zoning Permit until such time as the Permit Holder demonstrates that:
J.
Fee. The fee specified in or determined in accordance with the provisions set forth herein of this chapter must be paid at the time of submission of an application for a Building and Zoning Permit, for an amended Building and Zoning Permit, or for renewal of a Building and Zoning Permit.
§ 219-147 Records.
All public records shall be open for public inspection during normal business hours upon a FOIL request. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.
§ 219-148 Fees.
The Town Board shall, by resolution, establish and amend a Schedule of Fees for the applications and permits required or contemplated by this Zoning Law; the current schedule shall be on file with the Code Enforcement Officer and with the Town Clerk. Such fees shall be payable to the Town Clerk at the time of application or, as appropriate, at the time of issuance of a permit.
§ 219-149 State Environmental Quality Review Act (SEQRA).
All actions taken by the Planning Board or the Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the New York Environmental Conservation Law and its implementing regulations.
§ 219-150 Notice of violation.
A notice of violation of any provision of this chapter or any rule or regulation adopted pursuant thereto may be served by the Code Enforcement Officer and shall inform the recipient of:
A.
The nature and specific details of such violation.
B.
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
C.
The date of compliance by which the violation must be remedied or removed.
D.
The recipient's right to a hearing before the Code Enforcement Officer, as provided below.
§ 219-151 Violations and complaints.
A.
It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or portion thereof, in violation of any provision of this Zoning Law, or to construct, alter or use and occupy any building, structure or premises in a manner not permitted by or inconsistent with a permit, approval or variance issued pursuant to this Zoning Law, or to fail to comply with a notice, directive or order of the Code Enforcement Officer or agent thereof.
B.
Where a violation has occurred or exists, the potentially responsible persons shall include the owner of the real property involved or affected; any contractor, subcontractor, builder, construction superintendent, engineer, manager, or other person responsible for undertaking, managing or directing the illegal activity; and any agent of the foregoing.
C.
Whenever a violation of this Zoning Law occurs, any person may file a complaint, which may be anonymous, in regard thereto. Complaints shall be submitted in writing, by email, or by phone with the Code Enforcement Officer, or may be observed directly by the Code Enforcement Officer, who shall properly record all such complaints or potential violations and immediately investigate and report his findings thereon to the Town Board. The Code Enforcement Officer shall have authority to serve upon any person owning, leasing, controlling, or managing any building, structure, or land in which a violation of this Zoning Law exists an order to cease or remove such violation.
§ 219-152 Right to hearing.
Any person served with such notice of violation and who denies the existence of the violation or is allegedly aggrieved by the required action necessary for compliance may, within 10 days of service of notice, request in writing a hearing before the Code Enforcement Officer, specifically noting the reasons why such hearing is requested.
A.
Within 10 days after receipt of such request for a hearing, the Code Enforcement Officer shall acknowledge receipt in writing and set a time and place for such hearing not later than 30 days after the date such request was received. Such hearing may be postponed beyond the thirty-day limit for just cause, with notice of such postponement served. At such hearing, the person requesting the hearing shall be required to show cause or give evidence why he should not be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.
B.
After consideration of all testimony given at such hearing, the Code Enforcement Officer shall either sustain, withdraw or modify the notice of violation as originally served. If the notice is sustained or modified, the Code Enforcement Officer shall set a new compliance date either consistent with the original notice of violation or extended, as appropriate. Such extension shall only be permitted if there exists both reasonable evidence of intent to comply and reasonable conditions which prevent compliance by the previously specified date.
§ 219-153 Fines and penalties.
A.
Criminal sanctions.
(1)
Any person violating this chapter shall be guilty of a misdemeanor punishable as follows:
(a)
First Offense: Conviction of a first offense shall be punishable by a fine not exceeding $350 or 15 days imprisonment or both;
(b)
Second offense. Conviction of a second offense, both of which were committed within a period of five years, shall be punishable by a fine not less than $350 nor more than $700 or imprisonment for a period of 15 days not to exceed six months, or both; and
(c)
Third offense. Conviction of a third or subsequent offense, all of which were committed within a period of five years, shall be punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period of 15 days not to exceed six months, or both.
(2)
Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.
(3)
The Code Enforcement Officer or agent may commence criminal proceedings in the justice court by issuing an appearance ticket to any alleged violator and/or by filing information and supporting deposition pursuant to the New York Criminal Procedure Law. In the alternative, the Code Enforcement Officer or agent or the Town Board may request the District Attorney to prosecute the violation or to appoint the Town Attorney as a special district attorney for that purpose.
(4)
Such fines may be compromised or released as part of any disposition.
§ 219-154 Alternative or additional actions and remedies.
A.
In the case of any violation or threatened violation, the Town may institute any appropriate civil action or proceeding against the landowner and/or other responsible person(s) to prevent such unlawful action, to restrain, correct or abate such violation, and to compel compliance with the provisions of this Zoning Law and any permit, approval or variance issued pursuant to its provisions. The relief specified herein may be sought in addition to an action or proceeding for criminal sanctions.
B.
The Town Board may negotiate appropriate corrective, remediation, abatement, and restoration measures by entering into an enforceable settlement agreement or consent order with any violator and/or owner. Such agreements or orders may require the violator and/or owner to pay a monetary penalty which:
§ 219-155 Administrative actions; stop-work orders.
A.
Authority. The Code Enforcement Officer has plenary authority and responsibility to take administrative action to enforce this Zoning Law. The Code Enforcement Officer shall issue a Stop-Work Order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building and Zoning Permit is required, and without regard to whether a Building and Zoning Permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building and Zoning Permit is required, and without regard to whether a Building and Zoning Permit has or has not been issued for such work; or
(3)
Any work for which a Building and Zoning Permit is required which is being performed without the required Building and Zoning Permit, or under a Building and Zoning Permit that has become invalid, has expired, or has been suspended or revoked.
B.
Whenever the Code Enforcement Officer has reasonable grounds to believe that unlawful development pursuant to this Zoning Law is being undertaken or continued, he/she shall notify the owner of the property or any agent of the owner or any other responsible party and direct that all unlawful activity immediately ceases and that all related building and construction be suspended until the stop-work order has been rescinded or superseded by a court order. Stop-Work Orders shall:
C.
Service of Stop-Work Orders. The Code Enforcement Officer shall cause the Stop-Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop-Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop-Work Order, personally or by registered mail/certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop-Work Order.
D.
Effect of Stop-Work Order. Upon the issuance of a Stop-Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop-Work Order.
E.
Relief or release from any Stop-Work Order may be obtained in the proper circumstance as follows:
(1)
If all provisions of the Zoning Law, together with all other reasonable conditions specified by the Code Enforcement Officer, are satisfied (for site plan review, special use permit, and subdivision review), the Code Enforcement Officer shall rescind the stop-work order.
(2)
Except in matters pertaining to violations of requirements imposed by site plan review, special use permit, or subdivision review, if a variance is granted by the Zoning Board of Appeals granting permission to maintain violations specified in a stop-work order and to continue such circumstances as thereafter allowable, the final administrative determination of the Code Enforcement Officer or agent shall confirm or rescind the Stop-Work Order in accordance with the requirements of the Zoning Board of Appeals.
F.
Remedy not exclusive. The issuance of a Stop-Work Order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a Stop-Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop-Work Order.
§ 219-156 Suspension of administrative review.
Review of any application pursuant to the provisions of this chapter may be suspended and the application deemed incomplete where, with respect to any alleged violation of the provisions of this Zoning Law or of any permit or approval issued pursuant to this Zoning Law or the Subdivision Regulations of the Town of Schodack, the following occurs:
A.
A Stop-Work Order has been issued by the Code Enforcement Officer or agent thereof to the property owner or applicant;
B.
Written notice of such an alleged violation has been provided to property owner or applicant; or
C.
A criminal or civil action has been commenced against the property owner or applicant regarding such an alleged violation.
§ 219-157 Misrepresentation.
A.
Any permit, approval, certificate, or variance granted under the provisions of this Zoning Law which was based upon or granted in reliance upon the applicant's false or material misrepresentation in an application or the applicant's failure to make known a material fact or circumstance, any permit or approval may be revoked by the Code Enforcement Officer.
B.
Any permit or approval granted under this Zoning Law which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void by the Code Enforcement Officer.