(a)

This chapter shall be enforced by the administrative officer or deputy administrative officer or other designated official who shall be appointed by the town board. No development or use permit or certification of occupancy shall be issued by him except in compliance with the provisions of this chapter.

(b)

The enforcing official, as noted above, shall have the authority to compel compliance of any of the terms, conditions and restrictions of approvals issued to properties, property owners, operators, managers or other controlling administrator of any property, by the town board, planning board or zoning board of appeals, for site plan review, variance appeals, special permits or other approvals.

(Code 1966, § 44-IX-1; L.L. No. 7 of 2004, § I)

A certificate of existing use may be issued by the administrative officer upon the request of the owner certifying that the existing use of the premises is lawful either as permitted under the provisions of this chapter or as a nonconforming use.

(Code 1966, § 44-IX-5)

No home occupation shall be hereafter commenced or initiated until a permit has been issued by an administrative officer or other designated officer appointed by the town board. Prior to the issuance of a permit, an application shall be filed with the administrative officer, setting forth in detail the nature and description of the occupation. A fee of ten dollars ($10.00) shall accompany the application filed with the administrative officer in accordance with the provisions of this section.

(Code 1966, § 44-IX-6)

(a)

Definitions.

Alternate member means an individual appointed by the town board to serve on the town planning board or the town zoning board of appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.

Member means an individual appointed by the town board to serve on the town planning board or the town zoning board of appeals pursuant to the provisions of the local law or ordinance which first established such planning board or zoning board of appeals.

Planning board means the planning board of the town as established by the town board by local law or ordinance, pursuant to the provisions of section 271 of the Town Law.

Zoning board of appeals means the zoning board of appeals of the town as established by the town board by local law or ordinance, pursuant to the provisions of section 267 of the Town Law.

(b)

Authorization/effect.

(1)

The town board hereby enacts this local law to provide a process for appointing "alternate" members to its planning board and zoning board of appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board.

(2)

Alternate members of the planning board or zoning board of appeals shall be appointed by the town board or other duly authorized appointing authority, for a term of five (5) years.

(3)

The chairperson of the planning board or zoning board of appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial planning board or zoning board of appeals meeting at which the substitution is made.

(4)

All provisions of state law relating to planning board and zoning board of appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

(L.L. No. 4 of 2006, §§ 3, 4)

Editor's note— Local Law No. 4 of 2006, §§ 3, 4, adopted May 10, 2006, did not specify manner of inclusion; hence, inclusion as § 24-24 is at the discretion of the editor.

(a)

The town board may, from time to time, on its own motion or on petition in accordance with the applicable provisions of the Municipal Home Rule Law, after public notice and hearing, amend, supplement, change, modify or repeal this chapter. The petitioner shall pay a fee of two hundred dollars ($200.00).

(b)

Notice of public hearing shall be published in the official newspaper of the town at least five (5) days before the date of public hearing. The notice shall contain an abstract of the local law, and when a parcel is being rezoned to a different classification, the tax map number of the parcel and such other additional information as may be appropriate.

(c)

After adoption, the local law shall be filed with the secretary of state and published by the secretary of state in accordance with the Municipal Home Rule Law.

(d)

At the time of the public hearing on any zoning which is in regard to rezoning of any premises within the town to any classification other than RA-1 one-family residence district, there must be presented to the town board an affidavit stating that, not earlier than twenty (20) days nor later than ten (10) days prior to such hearing, written notice of the proposed rezoning has been mailed to the owners of the property within five hundred (500) feet of the premises to be rezoned, as the names and addresses appear on the last completed assessment roll, and listing all the names of the persons to whom the notice was mailed. The affidavit must be presented by the person seeking the rezoning, and if the rezoning is on the motion of the town board, such an affidavit must be presented by the town clerk.

(Code 1966, § 44-XII-1(A)—(D); L.L. No. 4 of 1988, § 1; L.L. No. 8 of 1997, § 1)

(a)

In addition to any other information required by this chapter, all applications for a zoning change to RA-1 one-family residence district, RA-2 one and two-family residence district, RC multiple residence district, RR rural residence district, C-1 general shopping district, C-2 community businesses district, CD commercial development district, I industrial district, or ID industrial development district shall supply the town board six (6) paper prints of the rezoning application map. These prints shall be submitted with the petition for rezoning. The map shall indicate the following:

(1)

Boundary survey data.

(2)

Topographic contours.

(3)

Existing drainage features (e.g., culverts, marshes, ponds and streams).

(4)

Special site conditions (e.g., easements, power lines and structures).

(5)

Zoning district boundary (new and existing).

(6)

Relationship to the comprehensive plan for the area.

(7)

Proposed street and block layout, parking driveways and building locations with reference to surrounding properties and street patterns.

(8)

Proposed utilities and special district boundaries.

(9)

Proposed grades for site, including streets, utilities and drainage.

(10)

Key map; general location in town.

(b)

Any of the above required information may be waived by the town board on petition of the applicant or on its own motion.

(Code 1966, § 44-XII-1(E))

(a)

No property shall be rezoned from RR rural residence district to any classification unless, either:

(1)

Public sewer has been extended across the frontage of the property along any existing or proposed street or proposed extension of any street; or

(2)

A performance bond is given to the town in amount determined by the town engineer to be sufficient to cover the cost of extending the public sewer across the frontage of the property along any existing or proposed street or proposed extension of any street; and the petition recites that the bond has been presented to the town pursuant to this section, and that a copy thereof is attached to the petition; or

(3)

The petition contains a covenant which states that pursuant to this section that the property will be subdivided and will be developed only in compliance with the town subdivision regulations and the requirements of the town planning board. No parcel or any part thereof which has been rezoned pursuant to this subsection shall be developed without compliance.

(b)

Where the rezoning is pursuant to the requirements of paragraph (a)(2) or (a)(3) of this section, a copy of the petition and of any performance bond shall be filed or recorded in the county clerk's office to place prospective purchasers on notice of such bond or commitment. Upon the conveyance of any property rezoned pursuant to paragraph (a)(2) of this section, the grantee shall give a performance bond to the town in an amount as determined by the town engineer which bond shall be filed or recorded in the county clerk's office. Upon receipt of the bond the prior bond shall be returned to the person who posted it or exchanged for a new bond where a portion of the property is retained by the grantee.

(c)

The town may require an increase in the amount of any performance bond given pursuant to this section at any time the town engineer certifies that an increase is required. A copy of the new bond shall be recorded in the county clerk's office.

(d)

Any performance bond given under this section shall be written by a company licensed by the state to engage in the business of writing such bonds and shall be in a form satisfactory to the town attorney.

(e)

The town board, by a resolution stating the reasons therefor and approved by at least four (4) affirmative votes, may waive all or any part of the requirements of this section as to all or any part of any parcel.

(Code 1966, § 44-XII-2)

(a)

Pursuant to the applicable provisions of the Town Law, there is hereby established a zoning board of appeals of five (5) members appointed by the town board.

(b)

The zoning board of appeals, consistent with applicable provisions of the Town Law, shall determine its own rules of conduct and procedure.

(Code 1966, § 44-X-1)

The zoning board of appeals, consistent with applicable provisions of the Town Law shall hear and decide all appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of this chapter, including the interpretation of this chapter. It shall also hear and decide all matters referred to it or upon which it is to pass under this chapter or any other local law.

(Code 1966, § 44-X-2(A))

If a public hearing is required before a special permit or variance or interpretation can be granted, or made by the zoning board of appeals, a fee of fifty dollars ($50.00) shall be paid upon the making of the application for same for the purpose of defraying the expense of processing.

(Code 1966, § 44-X-2(E); L.L. No. 8 of 1997, § 3)

(a)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the zoning board of appeals shall have the power in passing upon appeals, to vary or modify the application of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. A petitioner who wishes to be granted a use or an area variance must show practical difficulties and unnecessary hardships before the zoning board of appeals may grant a use or area variance.

(b)

If the zoning board of appeals grants a variance, the variance must be subject to the following provisions:

(1)

If the variance is not utilized within four (4) months of the granting, then the variance shall be revoked and a new petition must be filed.

(2)

If the variance is utilized but the property on which it is located is not used, or is vacant for a period of one (1) year or the property is used but the variance ceases to be used for a period of one (1) year, the variance shall cease.

(Code 1966, § 44-X-2(B))

(a)

When, in the judgment of the zoning board of appeals, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the zoning board of appeals may, in appropriate and specific cases, after public notice and hearing and subject to appropriate conditions and safeguards, grant a permit whenever it is provided in this chapter that approval of the zoning board of appeals is required, or refuse to grant the same where such action is justified. Such special use permit shall be used only in accordance with the following:

(1)

The special use shall comply with all applicable provisions of this chapter for the district within which it is to be located, except as waived by the zoning board of appeals.

(2)

The special use shall comply with the standards set forth for the special use in article V, division 2 of this chapter.

(3)

The special use shall comply with any conditions deemed necessary by the zoning board of appeals (e.g., access roads, fences, landscaping) in order to protect the value of adjacent properties and promote the orderly development of the surrounding area.

(4)

If a special permit is not used within four (4) months of its granting, the permit shall be revoked and a new petition must be filed.

(5)

If the special permit is used but the property on which it is located is not used for a period of one (1) year, or the property is used but the special permit ceases to be used for a period of one (1) year, the special permit shall cease.

(6)

The permit is a personal right of the applicant and shall not be conveyed or transferred to another person.

(b)

The zoning board of appeals shall have authority to issue special permits for rural lots in accordance with section 24-183.

(Code 1966, § 44-X-2(C), (D))

The lawful use of any building or the use of land existing at the time of the adoption of this chapter may be continued, although such use or building may not conform with the provisions of this chapter, except as otherwise provided in this chapter.

(Code 1966, § 44-V-1)

A nonconforming use may not be changed to a more intensive nonconforming use, nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use.

(Code 1966, § 44-V-2)

Whenever a nonconforming use has been abandoned or discontinued for a period of one (1) year, any future use shall be in conformity with the provisions of this chapter.

(Code 1966, § 44-X-3)

Any subdivision now recorded in the county clerk's office in which lot width or area is less than the residential district requirements in which it is placed shall remain as it is. However, no two-family house shall be erected on a lot having less than one hundred (100) feet of frontage and twelve thousand five hundred (12,500) square feet of area. All of the nonconforming uses must meet the requirements of the county health department as to adequate area and conditions to provide for proper sanitary disposal. However, for the purposes of section 24-183, paragraph (b)(1), only and despite contrary language in section 24-4, a parcel shall be presumed to be in single and separate ownership without looking to the ownership of adjacent properties, if the instrument creating such separate parcel was recorded in the county clerk's office on or before March 15, 1971. If two (2) or more contiguous parcels are reconveyed, after March 15, 1971, so as to create one (1) parcel, and a copy of the instrument is recorded in the county clerk's office, then the parcels shall, for the purpose of this section, be considered a single and separate ownership from March 15, 1971.

(Code 1966, § 44-V-4)

Structures under construction for a designated nonconforming use, for which a building permit has been applied, may be completed according to the plans therefor within one (1) year after the effective date of this chapter or an amendment thereto for the designated uses to be made thereof.

(Code 1966, § 44-XVI-1)

(a)

A building permit or development permit or use permit must be obtained prior to the commencement of any excavation, construction or development whatever upon any site in any district. Such permit is to be issued by the administrative officer of the town. All applications for permits must be on forms furnished by the town which shall require the following information:

(1)

The nature of the permit sought and the intended use of the site.

(2)

A layout or plot plan showing the exact size and location on the lot of any building and/or accessory buildings, with dimensions given together with a layout of all proposed excavation and construction.

(3)

The number and location of off-street parking and/or loading spaces and access thereto as set forth in this chapter for the use intended.

(4)

Such additional information as the administrative officer, zoning board of appeals, planning board or town board shall require.

(b)

Application fees for a building permit shall be prescribed from time to time by a Resolution of the town board. The prescribed fee shall accompany the application for the permit.

(c)

No permit shall be issued where the construction, alteration or use would be in violation of any provisions of this chapter, except upon a written order of the zoning board of appeals or town board. No permit shall be issued for any building located on a lot which does not adjoin a street or highway accepted and maintained by the town, county or state except as permitted in section 280 or 281 of the Town Law.

(d)

No permit shall be issued for construction, alteration or use on any premises which is not served by a public sewage disposal system and public water distribution system until a preliminary approval has been obtained from the county health department for a private sewer system and private water supply system.

(Code 1966, § 44-IX-2; L.L. No. 9 of 2000, § 1)

A permit required by this division shall be void at the expiration of one hundred eighty (180) days after the date of issuance, unless approved work has reasonably progressed within such one-hundred-eighty-day period. A permit may be renewed once for an additional period of one hundred eighty (180) days.

(Code 1966, § 44-IX-3)

(a)

A certificate of occupancy shall be applied for coincident with the application for a permit required by this division. The certificate of occupancy shall be issued by the administrative officer when the completed structure and its intended use comply with all the provisions of this chapter. The certificate of occupancy shall be issued within ten (10) days from the date such erection or alteration is inspected and certified as complying with all the provisions of this chapter by the administrative officer.

(b)

A record of all certificates of occupancy shall be maintained by the administrative officer. Copies shall be furnished, upon request, to any person having a propriety or tenancy interest in the property affected.

(c)

No building shall be occupied prior to the issuance of a certificate of occupancy by the administrative officer. However, for good cause shown where it is impossible to complete all plans for the building and the lot on which the building is located at a time when, in the opinion of the administrative officer, the building, or some portion thereof, is suitable for occupancy, the administrative officer may issue a conditional certificate of occupancy which shall expire in a reasonable time, to be fixed by the administrative officer but not to exceed eight (8) months. Such a conditional certificate of occupancy shall be issued only upon the receipt of a sworn affidavit therefor setting forth:

(1)

The extent to which the plans for the building and lot have been completed.

(2)

The portion of the building and lot which the applicant wishes to occupy prior to completion.

(3)

The reason why occupancy is necessary prior to completion.

(4)

The reason why plans cannot be completed prior to occupancy.

(5)

The amount of time required for completion of the plans.

(6)

The total amount of money expended for construction as of the time of the application and the estimated cost of completing the plans.

The sworn affidavit shall be accompanied by a bond in a form satisfactory to the town attorney conditioned upon completion of the plans for the building and lot prior to the expiration of any conditional certificate of occupancy which may be issued. The bond shall be payable to the town and shall be in an amount not less than one and one-half (1½) times the estimated cost of completing the construction as contained in the affidavit. If the administrative officer and the town engineer determine that the cost of completing construction according to the plans has been underestimated in the application, they may estimate the cost of completing construction and prior to the issuance of a conditional certificate of occupancy a bond for one and one-half (1½) times the estimate shall be filed with the town.

(Code 1966, § 44-IX-4)

Cross reference— Certificates of occupancy, § 5-26.

Part B. Site Plan Approval

(a)

A site plan shall be prepared and reviewed by the planning board in accordance with this part prior to site development on any lot or lots or the issuance of any development permit. This does not apply to a development permit for:

(1)

A single-family detached house in any district where permitted.

(2)

A two-family house in an RA-2 one-and two-family residential district.

(b)

No development permit shall be issued for the erection or alteration of any building on any lot or tract of land contained in a residential subdivision containing three (3) or more building lots, or for a multiple residence to accommodate six (6) or more families, or for any construction in the C-1, C-2, CD, ID and I districts, except following the submission of a site plan approval to the planning board and in compliance with the site plan for such lot or plot as duly approved by the town board, in accordance with this part.

(Code 1966, §§ 44-IV-1, 44-XIII-1)

Prior to the issuance of a building permit, a site plan of such lot or tract at a scale of one (1) inch equals fifty (50) feet, or a scale less to the inch, including therein the following information, shall be submitted to the town planning board:

(1)

The use, location and dimensions of proposed building and open space.

(2)

The proposed layout of street and other vehicular circulation facilities, including the location and width of driveways on the site and access to the existing and prospective roads and highways.

(3)

The amount, location and dimensions of off-street parking and loading areas and access thereto.

(4)

The location and arrangement of any landscaping and transitional areas as set forth in section 24-203.

(5)

A storm drainage plan as required in section 24-705.

(6)

A topographical map of the lot or tract on which a building or buildings are proposed to be constructed, prepared and certified by a professional engineer or land surveyor.

(7)

The appropriate planning board application fee. Fees shall be prescribed from time to time by resolution of the town board.

(Code 1966, § 44-XIII-2; L.L. No. 8 of 2004, § II)

(a)

The planning board shall review a submitted site plan and additional information and shall deny, approve or approve with stated conditions. The review shall take into consideration achieving, within limitations thereto, the following objectives:

(1)

A harmonious relationship between such uses and uses located on adjacent properties and adjacent districts with special regard to residential uses.

(2)

The maximum safety of vehicular ingress and egress from and to the site to existing and prospective streets and highways.

(3)

The maximum adequacy of interior circulation, parking, and loading facilities with particular attention to vehicular and pedestrian safety.

(4)

The adequacy of transitional landscaping and setbacks in regard to achieving maximum compatibility and protection to adjacent residential districts.

(b)

Before granting site plan approval the planning board shall obtain a written report from the town engineer in regard to the sufficiency of the storm drainage plan. A stormwater pollution prevention plan consistent with the requirements of chapter 6, article VI, divisions 1 and 2 shall be required for site plan approval.

(c)

Where the planning board finds that the minimum off-street parking and/or loading space requirements may be insufficient for the particular use contemplated, the planning board may require additional off-street parking and/or loading spaces to be provided before approving the site plans.

(d)

Should changes or additional facilities be requested by the planning board, final approval of the site plan shall be conditional upon the satisfactory compliance by the applicant with the changes or additional facilities.

(e)

Where the topographical map submitted by the petitioner shows existing grades on the lot or tract in excess of ten (10) percent (one (1) foot vertical for every ten (10) feet horizontal) the planning board shall not approve the final plans until the petitioner submits or complies with the following:

(1)

A proposed grading plan superimposed over existing topography showing that once construction is completed there will be no slope or slopes on the lot or tract greater than one (1) vertical on a three (3) horizontal. The planning board may approve a slope with a maximum of one (1) vertical on a two (2) horizontal if approved by the town engineer or may require special slope plantings or soil retaining efforts such as cribbing. Existing slopes that will be undisturbed during construction may be left in their natural condition if approved by the planning board.

(2)

When the construction of the building or buildings is completed, the finished grade shall form an appropriate part of the natural drainage area or some positive drainage system.

(3)

When the construction of the building or buildings is completed, all finished graded areas shall be prepared into a loose level seed bed, limed, fertilized and seeded in the following steps or in accordance with good landscaping practice:

a.

Apply ground limestone at the rate of one (1) ton per acre.

b.

Apply 5-10-5 fertilizer at the rate of six hundred (600) pounds per acre.

c.

Disc area to work limestone and fertilizer into the soil to a depth of at least three (3) inches.

d.

Smooth area with a smoothing harrow.

e.

Sow the following seed mixture, at the rate of one hundred (100) pounds per acre, in the following proportions:

f.

Brush in seed lightly.

g.

Roll firm with ground roller.

(4)

A performance bond in an amount to be established by the planning board, but not less than two thousand dollars ($2,000.00), with a surety company covering all of the above conditions is filed. The bond shall remain in full force and effect until certification of completion has been issued by the town engineer certifying that there is compliance with paragraphs (1), (2) and (3) above.

(Code 1966, § 44-XIII-3; L.L. No. 7 of 2004, § II; L.L. No. 3 of 2007)

Building permits shall be issued only in accordance with an approved site plan which shall be transmitted by the town planning board to the administrative officer.

(Code 1966, § 44-XIII-4)

An applicant wishing to make any changes in an approved site plan shall reappear to obtain planning board approval and thereafter make application for a new building permit without additional charge therefore.

(Code 1966, § 44-XIII-5)