South Bristol Town City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 170-90 Administrative and enforcing officer; powers and duties.
This chapter shall be administered by the Code Enforcement Officer appointed by the Town Board. It shall be the duty of the Code Enforcement Officer to ensure the enforcement of this chapter, subject to the rules, regulations, resolutions, laws and ordinances of the Board of Appeals, Planning Board and Town Board and as set forth in Chapter 84, Fire Prevention and Building Code Administration, as amended.
In addition to the duties and powers of the Code Enforcement Officer as set forth in Chapter 84, Fire Prevention and Building Code Administration, the Code Enforcement Officer shall have such additional duties and powers set forth herein. He shall order discontinuance of illegal uses of land or structures, removal of illegal structures or illegal additions, alterations, or structural changes; or discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
The Code Enforcement Officer shall provide the Board of Appeals or Planning Board, in writing, with all facts pertaining to his refusal to issue zoning/building permits and certificates whenever such information shall be requested by said Board.
At the time an applicant applies for a zoning/building permit, the Code Enforcement Officer shall also make a determination as to whether or not the proposed use or construction which is being applied for is subject to action under SEQR. Excluded, exempt or Type II actions shall not be subject to the SEQR review process. If the Code Enforcement Officer determines that the proposed use or construction is subject to review, the procedures established by the Town, in accordance with regulations under SEQR, shall be followed prior to the issuance of a permit.
§ 170-92 Powers and duties of Zoning Board of Appeals.
The Zoning Board of Appeals shall establish such rules and regulations as are required by New York State Town Law and the provisions of this chapter for the transaction of its business and may amend, modify and repeal the same from time to time.
Administrative review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative officer or body in the enforcement of this chapter. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in accordance with New York State Town Law § 267 et seq.
Variances.
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.
As used in this chapter, a variance is authorized for height, area, size of structure, size of yards and open spaces or establishment or expansion of a use otherwise prohibited.
A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in other zoning districts.
In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable to preserve public health, safety and welfare.
Variance application procedure.
All applications for variances shall be made to the Code Enforcement Officer on forms provided by him.
As part of the application, the owner must provide written consent to allow the Zoning Board of Appeals members to enter onto the subject property for purposes of inspecting it relative to the variance application.
The Code Enforcement Officer, after determining that an application is complete, shall transmit copies of the application and all supporting documents to the Board of Appeals for action thereon.
A copy of the complete application and supporting documents shall also be transmitted to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.
The applicant shall prepare a site plan of the subject parcel for submission to the Board of Appeals, in accordance with this chapter, and shall comply with the review process under SEQR.
The Board of Appeals shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as required by law by publishing a notice in the official newspaper of the Town at least five days prior to the date thereof. The Clerk of the Board shall mail a copy of such notice thereof to the applicant.
The Board of Appeals shall, within 62 days after the public hearing at which the application was considered, advise the applicant, the Code Enforcement Officer and the Town Clerk of its findings regarding the factors considered and other problems which can be anticipated from the proposed variance and of its approval, with any condition the Board of Appeals may find necessary, or of its disapproval, with its reasons in writing. A copy of the appropriate minutes may suffice for this notice. Whenever the Board of Appeals, after hearing all the evidence presented upon an application for appeal under the provisions of this chapter, denies or rejects the same, said Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicants, their successors or assigns for a period of one year, except as provided for in New York Town Law § 267 et seq.
§ 170-93 Appointment of Planning Board; powers and duties.
Pursuant to the provisions of the New York State Town Law applicable thereto, the Town Board shall appoint a Planning Board consisting of the number of members and for the term of the years set forth in New York Town Law. Said members are hereby vested with powers and duties and made subject to the limitations set forth in §§ 271, 274-a, 276, 277, 278, 279 and 280-a of the New York State Town Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to the Planning Board.
The Planning Board shall conduct a site plan review of applications for those special use permits specified in Article V.
§ 170-94 Site plan review.
[Amended 12-9-2024 by L.L. No. 1-2024]
Uses and structures requiring site plan review. The following uses and structures shall require site plan review in accordance with this section:
All special uses in all Commercial Districts.
All uses on lots adjoining Canandaigua Lake in the R-3 District and all uses on every lot in the, C-1, LR and PD Districts, including uses not requiring a zoning/building permit.
All applications for the filling of land in all districts that will result in an obstruction of a scenic view.
In the Lake Residential (LR) District and any parcel in the Three-Acre Residential (R-3), Planned Development (PD) and Light Commercial (C-1) District adjoining Canandaigua Lake:
Seawalls, lake shore decks, or permanent docking structures.
General procedural requirements.
Applications for site plan review and approval, with or without a sketch plan conference, shall be submitted to the Code Enforcement Officer in writing, in a form acceptable to the Planning Board. If the Code Enforcement Officer determines the application to be complete, the application shall be referred to the Planning Board at the next duly called meeting, provided that the materials to be submitted are received at least 10 business days in advance of said meeting. If the Code Enforcement Officer determines the application to be incomplete, the application shall be returned to the applicant and the Code Enforcement Officer shall inform the applicant of the deficiencies of the application.
The applicant may prepare a sketch plan for informal discussion with the Planning Board prior to submitting the official site plan for review. If the applicant does prepare a sketch plan, the Planning Board shall hold a sketch plan conference between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the site plan. Any determinations, which the Planning Board makes at this sketch plan conference, shall in no way limit what the Planning Board may require upon receipt and review of the actual site plan.
The Planning Board may, when requested by the applicant in writing and when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety, or general welfare or inappropriate to a particular site plan. In the event there is a request for a waiver of any item, a separate statement shall be attached to the application detailing the reason(s) for such a waiver. If the Planning Board shall deny the request for such waiver, the applicant shall submit an amended site plan within 30 days from such date of denial incorporating all such information required by this Section. An application shall not be deemed complete until such amended site plan is submitted and accepted by the Planning Board as being complete.
Three stamped, signed and dated copies of the site plan shall be submitted to the Planning Board along with an electronic copy of all application material.
Fees in accordance with the current fee schedule adopted by the Town shall be paid at the filing of the application.
The Planning Board shall conduct a public hearing within 62 days from the day the Planning Board receives a complete site plan application. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing, shall mail notice thereof to the County Planning Board, if required by § 239-m of the New York State General Municipal Law, which notice to the County Planning Board shall be accompanied by a full statement of such proposed action, as defined in § 239-m of the New York State General Municipal Law, shall give public notice of said hearing in the official Town newspaper at least five days' prior to the date thereof and shall give notice in conformance with Subsection G of this section. The cost of preparing, publishing and mailing any required notices shall be borne by the applicant.
Reservation of parkland. In conjunction with its review of a site plan containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring set-aside of parkland or payment of a fee in lieu thereof, such fee to be determined by the Town Board, in compliance with New York State Town Law.
Prior to taking action on the final site plan, the Planning Board shall refer the complete application for site plan approval to the County Planning Board, when required, for advisory review and recommendation in accordance with the provisions of § 239-m of the New York State General Municipal Law, as amended.
Final site plan approval cannot be granted for any project until the provisions of § 239-m of the New York State General Municipal Law have been followed, if required, all necessary variances from the Town Zoning Board of Appeals have been granted and the requirements and regulations of the State Environmental Quality Review Act have been followed.
Within 62 days after the public hearing, the Planning Board shall render a decision on the site plan application by approving, approving with conditions or disapproving the site plan. An extension of time may be granted if mutually agreed to by both the Planning Board and the applicant.
Within five business days of the Planning Board resolution approving, conditionally approving or disapproving a final site plan, the Secretary of the Planning Board shall certify said resolution, shall file a copy of the certified resolution with the Town Clerk, and shall mail another copy of said certified resolution to the applicant.
In the event the final plan is approved with conditions, said conditions must be satisfied prior to the issuance of any building permits, certificates of occupancy or any other permits issued by the Town of South Bristol.
Site plan requirements.
Site plans shall be prepared by a New York State licensed professional engineer and/or surveyor.
The owner or owners of the property which is the subject of the application for site plan approval shall sign the application verifying that the application is made with their consent and that all information contained therein is true and correct.
The site plan shall be at a scale of not more than 40 feet to the inch.
Site plans shall show or be accompanied by the following information:
An affidavit that the applicant is the owner or equitable owner of the land proposed to be developed or his or her legal representative.
Information shown on the site plan shall be organized to clearly depict existing and proposed conditions and assist the Planning Board's understanding of potential impacts as well as proposed mitigation.
The site plan shall show all of the following information:
General content.
All dimensions shall be shown in feet and in hundredths of a foot. Name of the owner of the property.
Names of owners of all abutting land.
Name and seal of the New York State licensed professional engineer or surveyor responsible for the plan.
Date, North point and scale. The site plan shall be at a scale of no more than 40 feet to the inch.
A legible location map. A map revision box.
A map legend/key.
A signature block for the Planning Board Chairperson and others as may be required.
An area for general map notes.
Existing conditions.
Required building setback lines on each lot.
The boundaries and nature of all existing easements, deed restrictions and other encumbrances.
Existing contours at vertical intervals of two feet, including the source of the information. In the case of steep or unusual tracts, the Planning Board may require contours at such lesser intervals as it finds necessary for study and planning of the tract.
Existing vegetative land cover.
Delineation of natural features, including:
Existing watercourses, drainageways, surface water features or other bodies of water abutting, running through or running along the boundary of the subject property.
Tree masses and other significant land cover.
Land exceeding a slope of 10%. The applicant shall show anything 15% or greater plus contours in ten-foot increments.
New York State Department of Environmental Conservation or federally regulated wetland.
FEMA special flood hazard zone boundaries and designations, including the flood hazard zone, Community Map panel number and the effective date of the flood insurance mapping as shown.
Other natural features identified in the Natural Resources Inventory.
Floodplain certificate.
All existing significant man-made features, including but not limited to:
Buildings with property line setbacks.
Width, location, and sight distances for all private driveways.
Limits of pavement and parking areas.
Existing streets on or adjacent to the subject lot, including names, right-of-way widths and pavement widths.
Sanitary and storm sewers.
Wastewater treatment systems.
Public and private wells, water mains and fire hydrants.
Drainage features, including stormwater ponds, swales, culverts, and known underground drain tiles.
Location of all other existing utility lines and related facilities, including, gas, electric and telephone.
Agricultural infrastructure, including surface and access lanes for farm equipment.
Proposed conditions: development.
Delineation of all proposed sections or phases if any.
Delineation of limits of any land to be disturbed in any manner, including areas to be cleared of vegetation, cut, filled, excavated, or graded. The delineation shall include dimensions and other references needed to allow efficient field verification.
Existing and proposed contours, at vertical intervals of no more than two feet.
The boundaries and nature of all proposed easements, deed restrictions and other encumbrances.
The proposed building setback from each property line and other buildings on the same lot.
Locations and dimensions of all areas to be protected as open space.
Locations and dimensions of all public buildings, public areas and other parcels of land proposed to be dedicated to or reserved for public use.
Proposed locations, boundaries, designs, exterior dimensions and uses of all lot coverage items. The percent of lot coverage shall also be provided.
Identification of any proposed uses of the subject property and whether such uses will require any permanent or temporary structures or improvements or any approvals from the Town of South Bristol or from any New York State or federal agency.
Location description and plan for all swales, ponds, basins, fences, dikes, retaining walls or other devices required to control soil erosion and sedimentation. Erosion control measures must be equivalent to the latest version of the New York State Standards for Erosion and Sediment Control.
Locations, designs and types of construction of all parking, pavement, loading and unloading areas, showing access and egress and the number and dimensions of parking spaces.
Location and width of all proposed streets, alleys, rights-of-way and easements. The Planning Board shall have the right to name new developments and streets in accordance with historic characteristics of the community and the Ontario County 911 addressing policy.
Typical cross sections, street profiles and drainage details for all streets. Such profiles shall at least show the following: existing grade along the proposed street center line; existing grade along each side of the proposed street right-of-way; proposed finished center-line grade or proposed finished grade at top of curbs; sanitary sewer mains and manholes; and storm sewer mains, inlets, manholes and culverts.
Locations, designs, types of construction and widths of all proposed driveway intersections with streets, and sight distances therefrom. Suitable means of access in accordance with Town Code.
Locations and sizes of all proposed water mains, laterals, hydrants, meters, and valves.
Locations of any public or private wells.
Locations, sizes and invert elevations of all proposed sanitary and storm sewers and locations of all manholes, inlets and culverts.
Locations, sizes and designs of proposed on-site wastewater treatment systems. Site plan approval will not be granted until the Watershed Inspector or relevant government agency has reviewed and approved the location and design of the on-site wastewater treatment system.
Locations of all other proposed utility lines and related facilities, including, gas, electric and telephone.
Proposed vegetative land cover and landscaping. Outdoor lighting.
Locations and designs of all signs. Locations of any outdoor storage, if any. Locations of refuse/trash facilities, if any.
A description of all approvals required from outside agencies.
Schedule for development, including a detailed sequence of construction and estimated dates for start and completion.
The Planning Board may require an applicant to submit additional information as may be needed to assess the potential impacts from the proposed development.
Planning board review. The Planning Board's review of a site plan shall ensure that the proposed development provides for, as appropriate, the following, which said list shall not be all-inclusive:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of on-site parking, loading and unloading.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy of stormwater and drainage facilities, including ownership, maintenance provisions, etc.
Adequacy of water supply and wastewater treatment system.
When a site plan must include a wastewater treatment system, site plan approval will not be granted until the authority having jurisdiction to review and approve such system has made such review and issued approval relative to the location and design of the on-site wastewater treatment system.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation and including provisions for maintenance and ownership of these areas.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes, emergency access and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate susceptibility to erosion or excavation for construction of site improvements shall begin until the developer has received final site plan approval. Construction within the floodplain will require that cut and fill must be balanced within the limits of the 100-year floodplain as identified on the most recently released flood rate insurance maps published by the Federal Emergency Management Agency. Principal buildings and other structures shall be construed as fill for the purposes of this section. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modifications, restoration or removal of unapproved site changes.
Site plan approval expiration.
Where a site plan approval is granted with conditions, it shall automatically terminate one year from the date of the decision granting conditional approval unless all of the conditions therein are satisfied. The applicant may make a written request to the Planning Board for an extension of this requirement. Upon its receipt of any such extension application, the Planning Board may extend the time for the applicant to satisfy all such conditions by up to one additional year from the date the approval would have expired. Site plan approval shall automatically terminate after the passing of such extended period unless all of the conditions therein are satisfied.
When a site plan is approved without conditions and when a site plan is approved with conditions and all such conditions have been satisfied within the time period established by Subsection A of this section, site plan approval will automatically expire six months after the same is granted unless a building permit has been issued and there is physical evidence that significant site preparation, such as excavation or foundation work, has commenced. In the event that a site plan approval has expired pursuant to this section, the Planning Board can grant a six-month extension only once upon written application by the permit holder.
Site plan requirements applicable to the Lake Residential (LR) District and any parcel in the Three-Acre Residential (R-3), and Light Commercial (C-1) District adjoining Canandaigua Lake.
In addition to all other requirements of § 170-94, in the Lake Residential (LR) District and any parcel in the Three-Acre Residential (R-3), and Light Commercial (C-1) District adjoining Canandaigua Lake, site plan review and approval of seawalls, lake shore decks, permanent docking structures, all new construction or additions to existing structures greater than 144 square feet, and/or expansion of any impervious surface greater than 144 square feet, such as, but not limited to, sidewalks, driveways, walkways, retaining walls, patios, and decks, shall also be in conformance with this Subsection G.
Administrative review through the Zoning Officer shall be required for all such construction not subject to site plan review by the Planning Board or listed as exempt from site plan review herein.
Planning Board review. Any proposed disturbance totaling more than 400 square feet in area shall require site plan review and approval by the Planning Board.
In addition to the standards of review contained in § 170-94, the Planning Board shall consider the aesthetics and impacts of a seawall in regard to adjacent properties and the seawall's appearance from the lake. The applicant must demonstrate that natural stone and/or vegetation is not a viable option, before the Planning Board grants approval.
The applicant shall provide a site plan in accordance with § 170-94. In addition to the specified requirements, applications for site plan approval for onshore boat storage structures shall include a written description and/or drawings adequately demonstrating compliance with the Docks and Moorings Law[1] along with describing the general appearance and exterior finish of the structure or any other new construction.
The Planning Board shall mail notice of the public hearing on such site plan review application required by this Subsection H at least 10 days before such public hearing to the owners of all properties adjoining the property(ies) that is/are the subject of such application [including those directly across a public highway or private access right-of-way from the subject property(ies)].
Nonconforming buildings and lots.
Full zoning compliance. Where more than 50% of an existing building is to be reconstructed (by floor area) or expanded (by building footprint), the entire building shall be brought into compliance with lot coverage and setbacks. Where such standards cannot be reasonably met, a variance may be sought and reviewed by the Zoning Board of Appeals in accordance with § 170-92.
Multiple residences on a single lot. Where more than one residence is located on a single lot and more than 50% of an existing building is to be reconstructed (by floor area) or expanded (by building footprint), the owner shall be required to eliminate the other residence(s) on the property, unless the applicant can show to the satisfaction of the Planning Board that the lot is of sufficient size and the buildings distributed in such a manner so that the property can be subdivided into conforming lots with a single residence on each.
Site plan required. Construction that exceeds the thresholds in Subsection H(1) or (2) shall require a site plan in accordance with § 170-94, including any additional requirements of this Subsection H. Where the removal of one or more residences on a lot is required, the Planning Board shall specify a time frame for such removal of no more than two years upon approving a site plan and shall make such removal a condition of the issuance of an occupancy permit on the premises.
Minimum floor area. Year-round single-family residences shall be no less than 720 square feet. Where a preexisting lot is nonconforming due to lot size and lot width, and a year-round single-family residence of 720 square feet cannot be built without a variance from the lot coverage requirement, a seasonal residence of less than 720 square feet but no less than 400 square feet may be constructed.
Demolitions and reconstruction of existing structures. Where a legally existing nonconforming residence or seasonal dwelling is proposed to be demolished and where such residence is the only dwelling on the parcel, said dwelling may be reconstructed. The reconstructed lot coverage shall not exceed the original lot coverage.
The replacement dwelling shall be designed and constructed in accordance with the lot and building requirements set forth in the Schedule of District Regulations and Schedule of District Uses included as part of this chapter[2] and referred to in § 170-14A.
[2]
Editor's Note: Said schedules are included as attachments to this chapter.
Property owners will be permitted to replicate the former footprint of the demolished dwelling if the following requirements are met:
The dimensions of the proposed dwelling are the same as those of the original dwelling prior to demolition (habitable floor area, width, depth, etc.). The height of the new structure must be in accordance with the maximum height established for this district.
The replacement dwelling shall be sited to be a minimum of 10 feet from the property lines.
The regulations governing bisected lots are set forth in the Schedule of District Regulations.[3]
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule then in effect. [See Subsection E(2) of this section.]
Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Code Enforcement Officer, Town Engineer, Town Attorney or other competent persons and approved by the Town Board.
Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other officials and agencies, as appropriate.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of the Town subdivision regulations or SEQR regulations, or if a variance is required, the Planning Board shall attempt to integrate the site plan review as required by this section with the procedural and submission requirements for such other compliance.
§ 170-95 Fees.
Fees, charges and expenses shall be assessed as part of the application for zoning permits, special use permits, variances, appeals, site plan approvals, certificates of occupancy, certificates of compliance, certificates of nonconformity and amendments to defray expenses incurred in processing such applications.
The Town Board shall establish a schedule of fees, charges and expenses and a procedure for their collection.
The schedule of fees, charges and expenses shall be conspicuously posted in the Town Hall.
The schedule of fees, charges and expenses may be altered or amended by resolution duly adopted by the Town Board.
No action shall be taken on any application or appeal until all applicable fees, charges and expenses have been paid in full and notice thereof forwarded to the appropriate Board along with the application.
§ 170-96 Consulting fees.
The Town Board, Code Enforcement Officer, Planning Board and Board of Appeals shall have the right to determine whether he or it needs to consult with professional outside consultants, including but not limited to attorneys, engineers, accountants, appraisers or other outside professional consultants, in order to properly review or evaluate any application submitted under this chapter for zoning permits, special use permits, variances, appeals, site plan approval, certificates of occupancy, certificates of compliance, certificates of nonconformity or Official Town Zoning Map or Comprehensive Plan amendments. The costs incurred by said officer, by the Town Board, by the Planning Board, by the Zoning Board of Appeals or by any officer of the Town of South Bristol on behalf of the Town for such consultation fees or costs incurred in enforcing or complying with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQRA), shall be reimbursed by the real property owner before a building permit, certificate of occupancy, or other permit, may be issued. If the real property owner fails to fully reimburse such costs, then said reimbursement costs levied pursuant to this chapter shall constitute a lien and charge on the real property that was the subject of review until paid or otherwise satisfied or discharged; and if the same are not paid within 30 days after they shall be deemed payable, they shall be collected and enforced in the same manner and at the same time as other Town taxes and charges are permitted to be collected.
All of such consulting fees assessed to the applicant shall be paid in full to the Town by the applicant before the Code Enforcement Officer shall issue the applicable building permit, zoning permit, special use permit, variance, site plan approval, certificate of compliance, certificate of occupancy, certificate of nonconformity or Official Town Zoning Map or Comprehensive Plan amendment.
§ 170-97 Penalties for offenses.
Criminal penalty.
Any person who violates or causes to be violated any provision of this chapter shall be guilty of a violation and shall be punishable as follows:
For a first offense, by a fine not exceeding $350.
For a second offense, both of which were committed within a period of five years, by a fine of not less than $350 nor more than $700.
For a third or subsequent offense, all of which occurred within a period of five years, by a fine of not less than $700 nor more than $1,000.
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed violations. Each week's continued violation shall constitute a separate additional violation.
However, the Town shall have the option of seeking a civil penalty not exceeding $350 for a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a civil penalty of not less than $350 nor more than $700, and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a civil penalty of not less than $700 nor more than $1,000.
In the event the penalty sought is within the 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 Town Attorney, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.