A.
Building permits required. In any district, no building
or structure shall hereafter be erected, demolished or structurally
altered, nor shall any excavation be made or footing or foundation
be constructed therefor, nor shall there be any change of tenancy
for use other than residential, until a permit authorizing the same
shall have been issued by the authorized Town departments.
B.
Fees; applications. An applicant for any review, approval
or permit prescribed in this chapter shall not be authorized to obtain
the same without first making payment of the required fee therefor
as established by the Town Board and submitting the required application
on such forms prescribed therefor. Additionally, should the department
or board requiring an application required to be made by this chapter
deem it necessary to hire consultants for technical review, the applicant
shall be required to bear the expense, not to exceed the total cost
to the Town. In addition, if deemed necessary by the reviewing department
or board, the applicant shall be required to bear the costs of on-site
inspection by technical consultants employed by the Town.
C.
Completion of buildings under construction. Nothing
herein contained shall require any change in the plans, construction
or designated use of a building for which a building permit has been
issued or which is actually under construction at the time of passage
of this chapter and which entire building shall be completed within
one year for a single-family dwelling and two years for all other
permits from the date of the passage of this chapter.
D.
A violation of any condition of a permit, approval,
variance, special exception, special use permit or other authorization
granted or issued by any board or Town department in the exercise
of its jurisdiction pursuant to this chapter shall be considered a
violation of this chapter and subject to the enforcement and penalties
provisions established herein.
A.
Organization.
(1)
Members appointed by the Town Board. There shall
be a Zoning Board of Appeals consisting of seven members appointed
by the Town Board. The Board of Appeals shall have the power granted
by and be controlled by the provisions of this chapter and as delegated
to the Town Board by the Municipal Home Rule Law. Consistent with
said section of the Town Law, the Board of Appeals shall determine
its own rules and procedures, the manner in which appeals shall be
brought before it and what notice shall be given of proceedings before
it.
(2)
Alternate members.
(a)
The Town Board may, by resolution, appoint up
to two alternate members of the Board of Appeals. These individuals
would serve when members are absent or unable to participate on an
application or matter before the Board.
(b)
Alternate members shall serve for a term of
three years.
(c)
The Chairperson of the Board of Appeals may
temporarily replace a member with an alternate member, with full voting
privileges, 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.
(d)
All provisions of state law relating to Board
of Appeals members' eligibility, vacancy in office, removal, compatibility
of office, and service on other boards, as well as any provision of
a local law/ordinance relating to training, continuing education,
compensation, and attendance, shall also apply to alternate members.
B.
Variances.
(1)
Area variances.
(a)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of an administrative
official charged with the enforcement of these regulations, to grant
area variances from the area or dimensional requirements of such regulations.
In making its determination, the Zoning Board of Appeals shall take
into consideration the benefit to the applicant if the variance is
granted, as weighed against any detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making
such determination, the Board shall follow criteria as set forth in
the New York State Town Law.
(b)
The Zoning Board of Appeals, in the granting
of area variances, shall grant the minimum variance that it shall
deem necessary and adequate and at the same time preserve and protect
the character of the neighborhood and the health, safety and welfare
of the community.
(c)
Imposition of conditions. The Zoning Board of
Appeals shall, in the granting of area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property, and
to specify the period of time such variance shall be in effect. Such
conditions shall be consistent with the spirit and intent of the zoning
law and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the administrative officer charged
with the enforcement of these regulations, shall have the power to
grant use variances authorizing a use of the land which otherwise
would not be allowed or would be prohibited by the terms of the regulations.
(b)
No such use variance shall be granted by the
Zoning Board of Appeals without a showing by the applicant that it
meets the criteria as set forth in New York State Town Law.
(c)
Imposition of conditions. The Zoning Board of
Appeals shall, in the granting of use variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property, and
to specify the period of time such variance shall be in effect. Such
conditions shall be consistent with the spirit and intent of the zoning
law and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
(3)
Notification.
[Added 4-11-2013 by L.L. No. 8-2013]
(a)
Following submission of an application for a use variance related
to a parcel located in a Single-Family Residential or Multifamily
Residential Zoning District, the applicant shall provide written notice
of the public hearing to all owners whose properties are located partially
or wholly within a five-hundred-foot distance from the perimeter of
the subject parcel(s) proposed for a variance.
(b)
Following submission of an application for an area variance
related to a nonresidential parcel located in a Single-Family Residential
or Multifamily Residential Zoning District, the applicant shall provide
written notice of the public hearing to all owners whose properties
are located partially or wholly within a two-hundred-fifty-foot distance
from the perimeter of the subject parcel(s) proposed for a variance.
(c)
The notice of public hearing shall contain, at a minimum, the
name of the applicant, the subject parcel address, and a brief description
of the proposed project, as well as the date, time and place of the
hearing. Notices must also contain the following statement: "Landlords
are strongly encouraged to notify tenants of the contents of this
notice."
(d)
The notice of public hearing must be mailed at least 10 days
or personally delivered at least five days before the scheduled date
of the public hearing. Notices may be personally delivered or sent
by regular mail. If a notice is undeliverable by the United States
Postal Service or delivery is refused by the addressee, no further
notification efforts for such addressee are required by the applicant.
(e)
The applicant must also place placards provided by the Town
on the subject parcel(s).
(f)
The applicant shall submit the following proof of notification
to the Building Department at least two business days prior to the
scheduled date of the public hearing:
[1]
A copy of a portion of the Tax Map depicting the subject parcel(s) and all lands which are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter thereof.
[2]
A schedule of the names and addresses of the property owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter of the subject parcel(s).
[3]
A sworn affidavit of delivery and posting of notices demonstrating that written notice of the public hearing was provided to all owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-119B(3)(a) and (b)] from the perimeter of the subject parcel(s). This affidavit shall list the addresses of owners to whom notice was mailed or personally delivered, and attach copies of all written notices and a map showing where placards were posted.
C.
Jurisdiction on Town Law § 280-a appeals.
[Added 10-11-2007 by L.L. No. 14-2007]
(1)
The Zoning Board of Appeals, on appeal from
the decision or determination of the administrative officer charged
with the enforcement of Town Law § 280-a, shall have the
power to grant exceptions and area variances as permitted by Town
Law § 280-a(3), authorizing a use of the land which otherwise
would not be allowed or would be prohibited by the terms of the regulations.
(2)
No such exception or area variance shall be
granted by the Zoning Board of Appeals without a showing by the applicant
that it meets the criteria as required by New York State Town Law
§ 280-a.
(3)
Imposition of conditions. The Zoning Board of
Appeals shall, in the granting of exceptions or area variances, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property, and which will protect any future street or highway layout,
and also to specify the period of time such exception or variance
shall be in effect. Such conditions shall be consistent with the spirit
and intent of Town Law § 280-a.
D.
Wireless
telecommunications special use permits.
[Added 11-5-2009 by L.L. No. 13-2009]
(1)
The Zoning Board of Appeals shall have the power to grant wireless telecommunications special use permits pursuant to Chapter 189 of the Town Code entitled "Wireless Telecommunications Facilities Siting.
(2)
Imposition
of conditions. The Zoning Board of Appeals shall, in the granting
of wireless telecommunications special use permits, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property.
E.
Special use permits.
[Added 5-1-2014 by L.L. No. 8-2014]
A.
Organization.
(1)
Members appointed by the Town Board. There shall
be a Planning Board consisting of seven members appointed by the Town
Board. Members of the Planning Board shall be appointed by the Town
Board of the Town of Colonie for terms of three years, commencing
upon the expiration of the term of each member of said Planning Board
now holding office.
(2)
Authorization. The Planning Board is hereby
authorized to promulgate such rules, regulations and procedures as
it deems reasonably necessary to administer the duties and responsibilities
delegated to it hereunder pursuant to statute, local law, ordinance
or Town Board resolution. Pursuant to this chapter, as may be amended
from time to time, such rules, regulations and procedures promulgated
by the Planning Board hereunder may be adopted only after public hearing
and are subject to final approval by the Town Board, and same shall
become effective upon filing in the Town Clerk's Office.
(3)
Power and authority. The Planning Board shall
have the power and authority to employ experts and a staff and to
pay for their services and such other expenses as may be necessary
and proper, not exceeding the appropriations that may be made or authorized
for such purposes.
B.
Planning Board jurisdiction. The Planning Board shall
hear and exercise the powers and duties relating to the following
matters:
(1)
As may be authorized by the Town Board pursuant
to statute, to prepare, review and make recommendations regarding
a Town Comprehensive Plan or amendments thereto; to prepare and change
a master plan for the development of the entire area of the Town of
Colonie outside the limits of the incorporated Villages of Colonie
and Menands; to make investigations and reports relating to the planning
of the Town and its future growth and affording adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of its population.
(2)
To approve all plats showing any streets or
highways within that part of the Town outside the limits of the incorporated
Villages of Colonie and Menands.
(3)
To approve or disapprove changes in the lines
of existing streets, highways or public areas shown on subdivision
plats or maps filed in the County Clerk's Office.
(4)
To approve or disapprove the laying out of,
closing off or abandonment of such streets, highways or public areas
under and subject to the provisions of the New York State laws.
(5)
To make recommendations in connection with any
proposed changes or amendments to the Code of the Town of Colonie
which may, from time to time, be submitted to it by the Town Board.
(6)
To review, make recommendations and/or approve or disapprove
proposals for site plan review, planning special permits, subdivision
of land or conservation development, open development areas, mobile
home park site design or sites proposed for planned development districts
as provided in this chapter.
[Amended 5-1-2014 by L.L. No. 8-2014]
(7)
To hear and decide appeals from, make interpretations
and review any order, requirement, decision or determination made
by an administrative official charged with the administration or enforcement
of any local law, statute or ordinance over which the Planning Board
has jurisdiction to act hereunder. Such application for an interpretation
or appeal may be made by any party aggrieved by such order, requirement,
decision or determination, or by the administrative official.
(8)
To implement and otherwise comply with all requirements
of the State Environmental Quality Review Act (SEQRA).
(9)
Without limitation, to exercise all other powers
conferred upon it pursuant to this chapter, as may be amended from
time to time, including the conduct of hearings and the performance
of its duties, and shall pass upon all matters which may be referred
to it by resolution, ordinance or local law of the Town Board.
C.
The PEDD as administrative agent of the Planning Board.
The Planning and Economic Development Department of the Town of Colonie
(PEDD) is hereby authorized and designated to act as the administrative
agent of the Planning Board for all matters within the Planning Board's
jurisdiction.
A.
A Development Coordination Committee (DCC) shall be,
and it hereby is, established.
B.
The DCC shall consist of designated representatives
of the Planning and Economic Development Department, Building Department,
and Fire Prevention and Investigation Department, and the Department
of Public Works' Bureau of Engineering, Division of Latham Water,
and Division of Pure Waters.
C.
The purpose of the DCC shall be to give both the Town
and the project applicant an opportunity to gain a better perspective
on the ramifications of the proposal and to provide direction and
feedback to the applicant, based on the professional expertise of
the DCC, the Town's current planning documents, and the design guidelines
and other requirements of this chapter, prior to the start of the
formal review process for major site plan and major subdivision applications.
A.
A Sign Review Board shall be, and it hereby is, established.
B.
The purpose of this Board is to provide a process
by which special exceptions may be issued consistent with the intent
of the provisions of this chapter related to signs and to hear any
appeals on questions of alleged error in any order or determination
of the Building Department involving the interpretation of said provisions.
C.
Membership.
(1)
Membership shall consist of five residents of
the Town appointed by the Supervisor with the approval of the Town
Board. Vacancies shall be filled for an unexpired term in the same
manner as the original appointment.
(2)
Alternate members. There shall be one alternate
member of the Sign Review Board. The Town Board hereby grants to the
Chairman of the Sign Review Board the power to temporarily replace
a member with an alternate member, with full voting privileges, where
the member's abstention from a particular vote, due to absence or
conflict of interest, precludes the Board member from taking action
on a particular issue.
D.
The Supervisor shall designate the Chairman of said
Board the first day of each year.
E.
The initial appointees of the Board shall have different
terms ranging from one to five years. Thereafter, appointments shall
be for five years to maintain five-year terms and yearly appointments.
F.
Any person aggrieved by a decision of the Sign Review
Board may have the decision reviewed by the Supreme Court of the State
of New York in the manner provided by law.
A.
Junkyard Review Committee; hearings. To further the
purposes of this chapter, there is hereby created the Town of Colonie
Junkyard Review Committee, consisting of the Director of the Building
Department, Chief Fire Inspector/Investigator and the Director of
the Planning and Economic Development Department; the local fire chief
of the fire district or fire company serving the fire protection district
in which the junkyard is located shall be invited to serve as an ex
officio member without having any vote.
B.
The Junkyard Review Committee may issue advisory opinions
upon request and shall conduct public hearings regarding license revocation
as provided in this chapter and on all applications for annual licenses
hereunder prior to the issuance of such licenses by the Building Department
and shall have the authority to modify any regulations contained in
this chapter and/or additionally impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property.
The PEDD is hereby appointed to administer and
implement the floodplains management provisions of this chapter by
granting or denying development permit applications in accordance
with said provisions.
A.
The Floodplains Management Appeals Board, as established
by the Town Board, shall hear and decide appeals and requests for
variances from the floodplain management requirements of this chapter.
B.
The Floodplains Management Appeals Board shall hear
and decide appeals when it is alleged there is an error in any requirement,
decision or determination made by the PEDD in the enforcement or administration
of the floodplain management provisions of this chapter.
A.
The SEAMAB as established by the Town Board shall
hear and decide all:
(1)
Appeals where it is alleged that there is an
error in any requirement, decision or determination made by the PEDD
in the administration or enforcement of the watercourse area management
provisions of this chapter; and
(2)
Applications for variances from the requirements
of the watercourse area management provisions of this chapter.
B.
Those aggrieved by the decision of the Significant
Environmental Areas Management Appeals Board may appeal such decision
to the Supreme Court of New York State in the manner provided by law
therefor. Such appeal shall be instituted within 30 days after the
filing of said Board's decision in the office of the Town Clerk.
The Conservation Advisory Council of the Town
of Colonie, as established by the Town Board, shall:
A.
Consist of five or more members;
B.
Advise in the promotion and development of natural
resources of the Town;
C.
Conduct research into the land areas of the Town and
seek to coordinate the activities of bodies organized for similar
purpose; and
D.
Keep an index of open areas of land to obtain information
pertinent to proper utilization of such open areas, including all
wetlands and green areas.
A.
Interpretation. In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
adopted for the promotion of the health, safety, comfort, convenience
or the general welfare of the citizens of the Town of Colonie.
B.
Conflicts with other provisions. In the event that
any provision of any other Town of Colonie local law, ordinance or
regulation conflicts with the provisions of this chapter, the more
stringent provision shall be controlling.
A.
In addition to the following penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation of this chapter.
B.
The Director and Planning Staff of the Planning and
Economic Development Department; the Director, Deputy Director and
Building Inspectors of the Building Department; the Chief Fire Inspector/Investigator
and/or Inspectors/Investigators of the Fire Prevention and Investigation
Department;[1] the engineering staff of the Department of Public Works,
Bureau of Engineering; and Town police officers shall be and hereby
are authorized to issue and serve appearance tickets with respect
to any violation of this chapter.
C.
Penalties for offenses in violation of this chapter.
(1)
Any person or persons, associations or corporations
committing an offense against this chapter or any section or provision
thereof is guilty of a violation.
(2)
In the event of a continuing offense of any
section or provision of this chapter, each day that such offense shall
continue shall be a separate violation and subject to a separate fine,
imprisonment or combination therefor.
(3)
A conviction of a first violation is punishable
by a fine of not more than $350 or imprisonment for a period not to
exceed six months, or both.
(4)
A conviction of a second violation is punishable
by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both.
(5)
A conviction of a third or subsequent violation
is punishable by a fine of not less than $700 nor more than $1,000
or imprisonment for a period not to exceed six months, or both.
(6)
Notwithstanding a conviction for an offense
against any provisions or sections hereof, an association or corporation
convicted shall be subject to revocation of any permit therein granted
without reimbursement of fees paid therefor.
(7)
In lieu of or in addition to any fine or imprisonment,
or both, imposed for a conviction of an offense of this chapter, each
such offense may be subject to a civil penalty not to exceed $250
to be recovered in an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to a
separate civil penalty.
(8)
The Town Attorney may maintain an action or
proceeding in a court of competent jurisdiction to compel compliance
with this chapter, for a penalty or for other punishment.
