There is hereby designated in the Village of Hamilton a public
official to be known as the "Code Enforcement Officer" or "Enforcement
Official," who shall be appointed by the Mayor with the approval of
the Village Board of Trustees at the compensation to be fixed by the
Board. The Code Enforcement Officer of the Village of Hamilton is
hereby designated to administer and enforce this chapter.
A.
No activity shall be allowed in violation of this chapter.
A.
No building shall be erected, moved, altered, added to, enlarged
or demolished, and no excavation for any building shall be begun,
unless and until a building permit for such work has been obtained.
B.
Applications for permits shall be submitted on forms provided by
the Village Code Enforcement Officer. Each application shall set forth
the purpose for which the building is intended to be used and shall
be accompanied by a plot plan showing the dimensions of required yards.
The Enforcement Official may require such additional information as
may be needed for him to determine if the proposed building, its use
and the use of the land are in conformity with the provisions of this
chapter.
C.
Upon written request of the Enforcement Official, additional information
(such as drawings, data, computations) necessary to ensure compliance
with the New York State Uniform Fire Prevention and Building Code
shall be provided by the applicant, his agent or consultant at no
cost to the Village.
D.
(Reserved)
E.
A permit shall be issued or denied within 60 days of receipt of a
complete application, unless subject to design review.
F.
If construction authorized by a permit has not been started and continued
within one year, said permit shall be null and void.
G.
The Code Enforcement Officer shall have authority to deny issuance
of any permits pursuant to this chapter in the event that the applicant
refuses the Officer reasonable opportunities to make necessary inspections
of the premises or if the applicant refuses to provide necessary information
reasonably requested by the Officer.
H.
All construction must be strictly in accordance with the plans, specifications
and other information upon which any permit is issued. Any changes
in such information must be approved in advance of construction by
the Code Enforcement Officer.
A.
A certificate of occupancy or certificate of compliance shall be
required for any of the following:
B.
A certificate of occupancy shall be issued only if the proposed use
of building or land conforms to the provisions of this chapter, the
New York State Uniform Fire Prevention and Building Code and all other
applicable laws, codes and regulations.
C.
Application for a certificate of occupancy shall be made to the Enforcement
Official who shall, after inspection of the premises, issue a certificate
or deny the application.
A.
Any person or corporation, whether as owner, lessee, architect or
builder, or the agent or employee of any of them, who violates or
is accessory to the violation of any provision of this chapter or
who shall erect, construct, alter, enlarge or move any building or
structure without a building permit or in violation of any statement
or plan submitted and approved under the provisions of this chapter,
or who shall use any building, structure or land in violation of this
chapter or in violation of the provisions of any building permit,
special permit, variance or certificate of occupancy, or without any
such permits or certificates where one is required by this chapter,
shall be liable to a penalty not exceeding the following:
(1)
For conviction of a first offense: a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days, or both.
(2)
For conviction of a second offense, both of which were committed
within a period of five years: a fine not exceeding $700 or imprisonment
for a period not to exceed six months, or both.
(3)
For a third or subsequent offense, all of which were committed within
a period of five years: a fine not exceeding $1,000 or imprisonment
for a period not to exceed six months, or both.
B.
Each week's continued violation shall constitute a separate additional
violation.
An action or proceeding in the name of the Village of Hamilton,
New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of this chapter or any rule or regulation adopted
pursuant to this chapter or any order issued pursuant to this chapter.
Such remedy shall be in addition to penalties otherwise prescribed
by law.
A.
Whenever the Code Enforcement Officer has reasonable grounds to believe
that work on any building, structure or property is proceeding without
permit or is otherwise in violation of the provisions of any applicable
law, code, ordinance, local law or regulation or is not in conformity
with any of the provisions of the application, plans or specifications
on the basis of which a zoning and building permit was issued, he
shall notify either the owner of the property or the owner's agent
or the person, firm or corporation performing the work to immediately
suspend all work. In such instance, any and all persons shall immediately
suspend all related activities until the stop-work order has been
duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed by
the Code Enforcement Officer and shall state the reasons for the stop-work
order, together with a date of issuance. The stop-work order shall
bear the signature of the Code Enforcement Officer or that of a duly
authorized designee and shall be prominently posed at the work site.
The Code Enforcement Officer of the Village of Hamilton shall
have authority pursuant to Article 150 of the New York Criminal Procedure
Law to issue appearance tickets as defined therein for the purpose
of enforcing this chapter.
A.
Application fees shall be charged and paid for the issuance of building
permits and for the submission of applications to the Board of Trustees,
Planning Board and/or Zoning Board of Appeals for variances, site
plan approval, special permits and/or amendments to the Zoning Code
and/or Zoning Map in order to reasonably defray the administrative
expenses of the Village in processing such applications. Such application
fees shall be determined by resolution of the Village Board of Trustees,
which shall be authorized to modify said application fees from time
to time by further resolution.
B.
An application involving more than one application simultaneously
submitted to the Board of Trustees, Planning Board and/or Zoning Board
of Appeals under the provisions of this chapter shall require payment
of only the highest applicable fee, except that such fee shall be
in addition to any fees required for land subdivision applications.
An application shall not be complete and acceptable for review until
the required application fees are paid.
C.
In addition to the above-described application fees, the applicant
shall reimburse the Village for the expenses of publication of a notice
of a SEQR finding or action, and any other notices required in connection
with proceedings under SEQR. Payment shall be made prior to any action
on the application by the Board having jurisdiction.
A.
Legislative findings, intent and purpose.
(1)
The Board of Trustees hereby finds and determines that in order
to protect and safeguard the Village of Hamilton, its residents and
their property with respect to certain land developments and projects
within the Village, all buildings and related improvements, highways,
drainage facilities, utilities and parks within developments and projects
should be designed and constructed in a competent and workmanlike
manner and in conformity with all applicable governmental laws, codes,
rules and regulations and should be dedicated and conveyed to the
Village in a legally sufficient manner. To assure the foregoing, it
is essential for the Village to have and to retain competent engineers
and other professional consultants to review and approve plans and
designs, make recommendations to the Village Board, Planning Board
and Zoning Board of Appeals, inspect the construction of highways,
drainage facilities, utilities and parks to be dedicated to the Village
and to recommend their acceptance by the Village and for the Village
to have and retain competent attorneys to assist in the application
review process, to negotiate and draft appropriate agreements with
developers, to obtain, review and approve necessary securities, insurance
and other legal documents, to review proposed deeds and easements
to assure that the Village is obtaining good and proper title, to
render legal opinions and to generally represent the Village with
respect to any legal disputes and issues which may arise regarding
such developments and projects. The cost of retaining such competent
engineers, attorneys and other professional consultants should ultimately
be paid by those who seek to benefit from such developments and projects,
including variances, subdivision approvals, site plan approvals, special
permits or uses rather than by general Village funds which are raised
by assessments and/or general taxes paid by taxpayers of the Village.
(2)
This chapter and section are enacted under the authority of
Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and
(d)(3), and the Municipal Home Rule Law § 22. To the extent
that Village Law §§ 7-718, 7-725-a, 7-725-b, 7-728,
7-730, 7-732, 7-712, 7-712-a, and 7-712-b do not authorize the Village
Board, Village Planning Board and/or the Village Zoning Board of Appeals
to require reimbursement to the Village of legal, engineering and
other professional consulting fees, expenses and costs incurred by
the Village in connection with the review and consideration of applications
for subdivision approval, for the approval, amendment or extension
of a district and/or for the review and consideration of applications
for approval of variances, site plans and/or special permits under
the Village's zoning code, it is the expressed intent of the Board
of Trustees to change and supersede such statutes. More particularly,
to the extent that such statutes do not authorize the deferral or
withholding of such consideration, review, acceptance or approvals
in the event that such fees, expenses and costs are not paid to the
Village, it is the expressed intent of the Village Board to change
and supersede Village Law §§ 7-718, 7-725-a, 7-725-b,
7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b to empower the Village
to require such payment as a condition to such consideration, review,
acceptance or approvals.
B.
When reimbursement required.
(1)
Subdivisions.
(a)
An applicant for approval of a subdivision in the Village shall
reimburse the Village for all reasonable and necessary legal, engineering,
and other professional consulting fees, expenses and costs incurred
by the Village in connection with the review and consideration of
such subdivision.
(b)
A developer who constructs or proposes to construct one or more
highways, drainage facilities, utilities or parks within or in conjunction
with an approved subdivision in the Village shall reimburse the Village
for all reasonable and necessary legal, engineering and other professional
consulting fees, expenses and costs incurred by the Village in connection
with the inspection and acceptance by the Village of such highways,
drainage facilities, utilities and parks and the dedication of the
same to the Village.
(2)
An applicant or developer making application for the approval
of a site plan, or a special permit or seeking approval of an application
for a variance or amendment of the Zoning Code and/or Zoning Map,
shall reimburse the Village for all reasonable and necessary legal,
engineering and other professional consulting fees, expenses and costs
incurred by the Village in connection with the review and consideration
of such application.
C.
Deposit of funds; payment of fees.
(1)
Simultaneously with the filing of an application for approval
of a development or the filing of an application for approval of a
variance, site plan approval, special permit or an amendment to the
Zoning Code and/or Zoning Map, the applicant or developer, as the
case may be, shall execute a "Professional Fees and Administrative
Costs Payment Agreement" with the Village, and shall deposit with
the Village Treasurer a sum of money, as determined in accordance
with the schedule of deposits fixed by the Village Board pursuant
to this section, which sum shall be used to pay the reasonable and
necessary fees, expenses and costs incurred by the Village for legal,
engineering and other professional consulting services as described
herein.
(2)
Upon receipt of such sums, the Treasurer shall cause such monies
to be placed in a non-interest-bearing trust and agency account in
the name of the Village and shall keep or cause to be kept a separate
record of all such monies so deposited and the name of the applicant
or developer and the application and development for which such sums
were deposited.
(3)
Upon receipt and approval by the Treasurer of itemized invoices
or vouchers from an attorney, engineer and/or other professional consultant
for services rendered on behalf of the Village pertaining to the development
or the application for a variance, site plan approval or special permit,
the Treasurer shall cause such vouchers to be paid out of the monies
so deposited and shall debit the separate record of such account accordingly.
The Treasurer shall furnish copies of such vouchers to the applicant
or developer upon request.
(4)
The Treasurer, on behalf of the Village and subject to audit
and review by the Village Board, shall review and audit all such vouchers
and shall approve payment of only such legal, engineering, and/or
other professional consulting fees, expenses and costs as are reasonable
in amount and necessarily incurred by the Village in connection with
the review, consideration and approval of developments, the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments, and the review, consideration
and approval of applications for variances, site plan approval, special
permits and amendments to the Zoning Code and/or Zoning Map. For purposes
of the foregoing, a fee or part thereof is reasonable in amount if
it bears a reasonable relationship to the average charge by engineers
or attorneys to the Village for services performed in connection with
approval or construction of a similar development of project, and
in this regard the Village may take into consideration the size, type,
value and number of buildings to be constructed, the amount of time
to complete the development or project, the topography of the land
on which such development is located, soil conditions, surface water,
drainage conditions, the nature and extent of highways, drainage facilities,
utilities and parks to be constructed and any special conditions or
considerations the Village may deem relevant. For purposes of the
foregoing, a fee, expense or cost, or part thereof is necessarily
incurred if it was charged by the attorney, engineer or other professional
consultant for a service which was rendered in order to protect or
promote the health, safety or other vital interests of the residents
of the Village, protect public or private property from damage from
uncontrolled surface water runoff and other factors, to assure the
proper and timely construction of highways, drainage facilities, utilities
and parks and otherwise to protect the legal interests of the Village,
including receipt by the Village of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability
and such other interests as the Village may deem relevant or to assure
the proper and timely review and consideration of an application for
a variance, site plan approval or a special permit.
(5)
If at any time during or after the processing of such application
or the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks or during or after the processing
of an application for a variance, site plan approval, certificate
of compatibility, or special permit 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 Treasurer
that such monies will be insufficient to meet vouchers yet to be submitted,
the Treasurer shall cause the applicant or developer to deposit additional
sums as the Treasurer deems reasonably necessary or advisable in order
to meet such fees, expenses and costs or anticipated fees, expenses
and costs.
(6)
In the event that the applicant or developer fails to deposit
such funds or such additional funds, the Treasurer shall notify the
Village Board and, as applicable, the Chair of the Planning Board,
the Chair of the Zoning Appeals Board, and the Village's Zoning and
Code Enforcement Officer of such failure, and any review, approval,
building permit or certificates of occupancy shall be withheld by
the appropriate board, officer or employee of the Village until such
monies are deposited.
(7)
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, or any requested
variance, site plan approval or special permit and/or amendment to
the Zoning Code and/or Zoning Map, and after payment of all approved
vouchers submitted regarding such development or application, 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.
D.
Deposit amounts. The amount of the initial deposit for the various
developments and/or applications covered by this section shall be
as set forth in a schedule of deposits established from time to time
by resolution of the Village Board. The schedule shall remain in effect
and shall apply to all applicants and developers until amended or
revised by subsequent resolution of the Village Board.
E.
Application fees. The deposits required by this chapter shall be in addition to any application fees as may be required by § 174-80 of this chapter and any other laws, rules, regulations or ordinances of the Village of Hamilton, the County of Madison, the State of New York or of any other body having jurisdiction with respect to a development, drainage facility, highway, utility or park or to an application for a variance, site plan approval, special permit and/or amendment to the Zoning Code and/or Zoning Map, and shall not be used to defray either the Village's general expenses for legal, engineering or other professional consulting fees, expenses or costs for the several boards of the Village or its general administration expenses.
