Wawarsing City Zoning Code
ARTICLE X
Administration and Enforcement; Fees
§ 112-70 Code Enforcement Officer.
The Town Board shall provide for the services of a Code Enforcement Officer to simultaneously enforce the provisions of this chapter and the Uniform Fire Prevention and Building Code Enforcement Law. Such Code Enforcement Officer shall examine all applications for permits, issue permits and/or certificates of occupancy for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as may be required, including, at a minimum, a written monthly activity report to the Town Board. Permits requiring site plan review and special use approval, however, shall only be issued with approval of the Town of Wawarsing Planning Board. Likewise, permits requiring variances of this chapter shall only be issued with approval of the Town of Wawarsing Zoning Board of Appeals.
§ 112-71 Permit requirements.
A.
No person shall construct, erect, alter, convert or use any building or structure, or part thereof, nor change the use of any land, subsequent to the adoption of this chapter, until a building permit and/or certificate of occupancy has been issued by the Code Enforcement Officer. This shall specifically include, but not be limited to, enlargements, alterations, building demolitions and removals, conversions, electrical installations, plumbing installations, pools, sheds (metal or wood), fences, roofing, siding and signs. Applications for such permits shall be made to the Code Enforcement Officer prior to any construction activity and/or change in the use of land. The Officer shall review such applications and act upon them according to the requirements of this chapter, taking no action, however, until the Planning Board and/or Zoning Board of Appeals has first taken action, should the approval of either Board be required. Notwithstanding the above, the Building Inspector may consider the issuance of permits for essential building services during the pendency of Planning Board and/or Zoning Board of Appeals review. Essential building services would include structural repairs to a building or site retaining structures, replacement of lighting or plumbing fixtures, installation of electrical service to an existing building, and installation of essential services (water, sewer, phone, natural gas) to an existing building while awaiting Planning Board or Zoning Board of Appeals action. A building permit shall authorize the applicant to proceed with the construction proposed.
B.
Prior to use of the structure or the change in use of the land, a certificate of occupancy shall be required and shall be issued by the Officer, provided all construction has been in accord with the building permit granted and/or the proposed use is in compliance with this chapter. The Code Enforcement Officer shall be authorized to make such inspections as he deems necessary to ensure that construction does, in fact, comply with this chapter.
C.
The Code Enforcement Officer, with approval of the Town Board, may issue a temporary permit for an otherwise nonconforming structure or use which will promote public health, safety or welfare, provided such permit shall be of limited duration and the use or structure shall be completely removed within 90 days of expiration of the activity for which it was granted. A temporary permit shall not be valid beyond this period or three years from the date of issuance, whichever is shorter.
D.
The Code Enforcement Officer shall ensure that all water supply and sewage disposal facilities proposed in connection with any building permit or certificate of occupancy application shall conform with the Ulster County Sanitary Code.
E.
It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he is satisfied that the structure, building, sign and the proposed use conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
F.
When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, the CEO shall not issue a building permit or certificate of occupancy, as the case may be, and the applicant may appeal to the Zoning Board of Appeals.
G.
A building permit or certificate of occupancy may be revoked by the Code Enforcement Officer upon a finding that information provided in the application was inaccurate or invalid or that the construction or use has proceeded in a manner not consistent with the permit(s) granted.
H.
No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Code Enforcement Officer for a certificate of occupancy. No owner, tenant or other person shall use or occupy any building or structure or premises thereafter erected or altered, the use of which shall be changed after the passage of this chapter, without first procuring a certificate of occupancy; provided, however, that a certificate of occupancy, once granted, shall continue in effect so long as there is no change of use, regardless of change in tenants or occupants.
I.
Though compliance with the development and use standards of this chapter will still be required, the following activities shall not demand permits, except as may be required by the New York State Uniform Fire Prevention and Building Code:
(1)
Aboveground swimming pools of two feet or less in depth.
(2)
Portable structures of less than 144 square feet in size which are unoccupied and intended for storage.
(3)
Patios, farm livestock fences and landscape improvements.
(4)
All nonstructural accessory uses of a residential or temporary nature (30 days or less).
J.
All applications shall be made on forms as shall be developed and periodically updated by the Code Enforcement Officer. Applications shall include plot plans and such other information as is required to determine compliance with the requirements of this chapter.
K.
Permits issued hereunder shall expire after 24 months if the applicant fails to complete the improvements as approved. An extension from the day of expiration may be approved by the Code Enforcement Officer for good cause (such as seasonal weather conditions), provided that the extension is no more than 12 months.
L.
Accessory building permits shall not be issued in advance of permits for principal permitted or special uses or without an existing principal use in place and being operated on an ongoing basis. Passive uses such as forestry shall not qualify for this purpose. However, accessory uses for other agricultural activities or in connection with seasonal occupations (e.g., structures used to store equipment or hunt camp structures) may be permitted as special uses. Accessory uses permitted under such circumstances shall be limited to those with the tangible and primary purpose of serving the principal use.
M.
The Code Enforcement Officer may issue a certificate of occupancy and/or compliance to any legally existing use, provided the owner thereof so certifies and the officer's investigations do not indicate otherwise.
N.
No permits shall be issued for any new uses where there are unremedied existing violations.
§ 112-72 State Environmental Quality Review Act compliance.
All actions taken with respect to this chapter shall comply with the New York State Environmental Quality Review Act (SEQRA) and applicants shall be responsible for providing such data as may be required to determine the significance of any environmental impacts associated with such actions.
§ 112-73 Violations and penalties.
A.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon to the Town Board. Nothing herein shall, however, restrict the right of the Code Enforcement Officer to act on a violation absent a complaint.
B.
Should any building or structure be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land be used in violation of this chapter, the Town Board or the Code Enforcement Officer, in addition to other remedies, may institute an appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
C.
The Town Board shall be responsible for directing enforcement of this chapter for any enforcement action which is not within the jurisdiction of the Town Justice Court.
D.
Should any building or structure be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land be used in violation of this chapter, the Town Board or the Code Enforcement Officer, in addition to other remedies, may institute an appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
E.
A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350; for conviction of a second offense, punishable by a fine of not less than $350 nor more than $700; and, upon conviction for a third or subsequent offense, punishable by a fine not less than $700 nor more than $1,000. Each day's continued violation shall constitute a separate additional violation.
F.
The Code Enforcement Officer or Acting Code Enforcement Officer, as the case may be, is hereby authorized to issue appearance tickets pursuant to the Criminal Procedure Law in the enforcement of this chapter or any related laws of the Town of Wawarsing.
§ 112-74 Fees.
A.
All application fees for special use permits, variances, site plans, subdivisions and other matters or land use, planning and development which are brought before any agent or agency of the Town of Wawarsing shall be in accordance with a table of fees for licenses and permits, which table shall be created by resolution of the Town Board with assistance of the Planning Board and shall be maintained on a current basis and from time to time modified or updated upon recommendation of the Planning Board or upon initiation by the Town Board.
B.
Professional fees; deposits for services.
(1)
The Town Board, the Planning Board, the Zoning Board of Appeals and the Building Department are empowered to charge an applicant the reasonable and necessary expenses for professional fees incurred by any of those boards or the Building Department as a result of professional work required to be performed on behalf of any of said boards or the Building Department as a result of the filing of an application seeking approval by that board or the Building Department. For the purpose of this § 112-74, "professionals" shall include but not be limited to engineers, attorneys, planning consultants, architects, traffic consultants and noise consultants.
(2)
Simultaneously with the filing of an application for approval of a development and prior to the commencement of the review of the application, the applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in Subsection B(9), which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in this section.
(3)
Upon receipt of such sums, the Town Supervisor shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies so deposited and the name of the applicant or developer and project for which such sums were deposited.
(4)
Upon receipt and approval by the Town Board of itemized vouchers from a professional for services rendered on behalf of the Town pertaining to the application, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.
(5)
The Town Board shall review and audit all such vouchers and shall approve payment of only such professional fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of the application. For purpose of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by professionals to the Town for services performed in connection with the approval or construction of a similar application, and in this regard the Town Board may take into consideration the magnitude of the application and any special conditions or considerations as the Town Board may deem relevant.
(6)
If at any time during or after the processing of such application or in the construction, inspection or acceptance of the proposed project there shall be insufficient monies on hand to the credit of such applicant or developer to pay the approved vouchers in full, or if it shall reasonably appear to the Town Supervisor that such monies will be insufficient to meet vouchers yet to be submitted, the Town Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems necessary or advisable in order to meet such expenses or anticipated expenses.
(7)
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify, as applicable, the Chairman of the Planning Board or Zoning Board of Appeals, Town Board and/or Town's Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy may be withheld by the appropriate board, officer or employee of the Town until such monies are deposited.
(8)
After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific application, and after payment of all approved vouchers submitted regarding such development, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.
(9)
The amount of the initial deposit for the various developments covered by this section shall be as set forth in a schedule of deposits established from time to time by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution.
(10)
The deposits required by this section shall be in addition to any application fees as may be required by other laws, rules, regulations or ordinances of the Town, and shall not be used to offset the Town's general expenses for professional services for the several boards of the Town, nor its general administration expenses.
(11)
All monies collected by the Town of Wawarsing Building Department shall be in the form of check, money order, cashier's check, etc. Cash payments are not allowed.