A.
A Zoning Officer shall be appointed by the Town Board
for terms and for compensation to be set thereby. The Zoning Officer
shall have initial authority to enforce, interpret and administer
this chapter.
B.
The powers and duties of the Zoning Officer shall
include:
(1)
Receiving all applications for building permits and
certificates of occupancy and requiring that all such applications
be accompanied by such maps, surveys, plans and test results required
by this chapter or which he shall deem necessary to determine whether
such application meets the requirements thereof, and he shall collect
the fees required therefor.
(2)
Making a determination, based upon material submitted
to him and any relevant facts which may come to his knowledge, whether
such application complies with all relevant provisions of this chapter.
(3)
Issuing or refusing to issue such permits based upon
his determination. He shall provide the applicant for any permit or
certificate which is refused with a written notice thereof and the
reasons for such refusal. A copy thereof shall be forwarded to the
Board of Appeals or Planning Board, if the applicant's request requires
a special permit.
(4)
Keeping clear, concise and adequate records of all
his activities in performance of his office, including all applications
for permits and certificates and his action thereupon.
(5)
Making a monthly report to the Town Board of all his
activities in the performance of his duties in the form required by
the Town Board, and he shall turn over to the Town Board all fees
collected. A copy of his monthly report shall be filed with the Town
Clerk, the Planning Board and the Zoning Board of Appeals.
(6)
The Zoning Officer is authorized and delegated by the Town Board
to issue appearance tickets in local justice court for any violations
of the provisions of the Zoning Ordinance related to building permits
and certificates of occupancy. All other legal actions to require
compliance or abate violations shall require consultation with, and
approval of, the Town Board.
[Amended 1-9-2017 by L.L.
No. 2-2017]
(7)
In the event that any of his actions are appealed
to the Zoning Board of Appeals, he shall forward to the Board copies
of all records relevant to such action and shall appear or be represented
by his Assistant before the Board when a public hearing upon such
appeal is held.
(8)
Requiring from any person wishing to file an appeal
to the Zoning Board of Appeals the appeal fee and six copies of such
appeal and any material in support thereof and transmitting such appeal
and supporting material to the secretary of the Board of Appeals.
The supporting material shall be definitive relative to location of
the property and shall include a plot plan with dimensions to lot
lines and other building locations, identification and location of
neighboring properties and the significant characteristics of the
property relative to the appeal. This provision shall not preclude
any person wishing to appeal to the Zoning Board of Appeals from filing
such appeal and supporting material directly with the secretary of
the Zoning Board of Appeals.
(9)
Any other power or duty which may be delegated or
imposed upon him by the Town Board.
A.
No building, or land nor any other facility such as
a septic system shall be excavated for, erected, added to or structurally
altered externally until a permit therefor has been issued by the
Zoning Officer. Except upon final adjudication to the contrary by
a board or court from which no appeal is taken, no such permit, nor
a certificate of occupancy, shall be issued for any building where
said construction, addition, or alterations or use thereof would not
conform with the provisions of this chapter.
B.
There shall be submitted with each application for
a building permit four copies of a layout or plot plan showing the
actual dimensions of the lot to be built upon, the actual size and
location on the lot of the building and accessory buildings to be
erected, the location of the septic tank (if any), location and size
(length) of drain field (if any), the location of the well (if any),
and such other information as the Zoning Officer may deem necessary.
Details on footing and foundations, walls, joists, windows, doors,
etc. must be submitted in a form adequate to ensure compliance with
the State Building Construction Code. Such plans must also bear the
stamp of a New York State registered architect or engineer. This procedure
is necessary when the cost of the improvement exceeds $10,000 or the
proposed building contains more than 1,500 square feet. Also excepted
from the stamp requirement are buildings and improvements to be used
solely for agricultural purposes.
[Amended 7-14-1986 by L.L. No. 2-1986]
C.
One copy of such layout or plot plan shall be returned
to the applicant when approved by the Zoning Officer, together with
such building permit, upon payment of a fee as set by the Town Board.
D.
The Zoning Officer shall not refuse to issue a building
permit or a certificate of occupancy, provided that the sole reason
for a proposed development lot not being in conformance with this
chapter is by virtue of the fact that the lot is less than the required
area and the lot is shown on a development plot plan which has been
submitted to the Planning Board of the Town of Saratoga and given
preliminary approval by the Planning Board prior to the adoption or
amendment of this chapter.
E.
One copy of a building permit suitable for exterior
posting shall be supplied to the owner or his agent to whom such permit
is granted; and such permit shall be posted conspicuously upon the
exterior of the premises for which it is issued.
F.
Applications for building permits may be made by the
owner of the property, the lessee thereof or the legal agent of either.
Failure to obtain a building permit prior to beginning construction
shall be a violation of this chapter. If a contractor or builder performs
construction work for which a building permit is required, he shall
first ascertain that the owner, lessee or legal agent with whom he
has contracted has secured the necessary permits before beginning
construction or be in violation of this chapter.
A.
Where a building permit therefor is required, no building
hereafter erected or relocated, and no addition to or structural alteration
of any building, shall be used or occupied for any purpose until a
certificate of occupancy shall have been issued stating that the building
and proposed use thereof comply with the provisions of this chapter.
Application for such certificates shall be made only by the owner,
the lease holder or the proven legally constituted agent thereof.
B.
Whether or not a building permit may be required,
a certificate of occupancy is required for each new use or change
in use of any building or lands. No such use or changed use of any
building or land shall be occupied for such new or changed use until
a certificate of occupancy shall have been issued stating that the
building or land and proposed new use or change in use thereof complies
with the provisions of this chapter.
C.
The Zoning Officer shall issue a certificate of occupancy
within 10 days after any building erected, added to or altered, or
relocated, or proposed change in use of any building or land, shall
have been finally approved as complying with the provisions of this
chapter.
D.
Upon written request from the owner or his agent,
the Zoning Officer shall issue a certificate of occupancy for any
existing lawful nonconforming use and occupancy of the building and
lands after verification by the Zoning Officer of the same, provided
that there are no violations of law or orders of the Zoning Officer
or Board of Appeals pending at the time of issuing such certificate.
E.
No certificate of occupancy shall be issued upon a
building constructed upon a street which is a part of a subdivision,
the plot plan of which is required to be approved by the Town Planning
Board, until such approval is obtained and the street is accepted
as a Town road. This section shall not be effective against structures,
the construction of which has been started and not abandoned as of
the effective date of this section or upon which building permits
have been issued.
[Amended 11-16-2005 by L.L. No. 4-2005; 5-12-2014 by L.L. No. 1-2014]
A building permit shall be void at the expiration
of one year following the date of issuance, unless extended for an
additional maximum time limit of six months by the Zoning Officer.
Building permits for swimming pools in-ground or aboveground) shall
be void at the expiration of six months following the date of issuance,
unless extended for an additional maximum time limit of three months
by the Zoning Officer. An additional fee of 50% of the cost of the
original permit shall be required for any extension.
[Amended 7-14-1986 by L.L. No. 2-1986; 7-13-1992 by L.L. No.
3-1992; 11-16-2005 by L.L. No. 4-2005; 5-14-2007 by L.L. No.
1-2007; 8-8-2011 by L.L. No. 2-2011; 5-12-2014 by L.L. No.
1-2014]
There shall be paid to the Zoning Officer prior
to the issuance of a building permit a building permit fee as follows:
|
Use
|
Fee
| |
|---|---|---|
|
Floor Area of Improvement
| ||
|
Up to 2,000 square feet
|
$350
| |
|
Each 100 square feet over 2,000 square feet
|
$15
| |
|
Buildings for agricultural pursuits
|
$100
| |
|
Telecommunication tower
|
$2,000
| |
|
Accessory use buildings, each 100 square feet
|
$15
| |
|
Minimum fee
|
$50
| |
|
In-ground swimming pools
|
$50
| |
|
Improvements that do not have quantifiable floor
areas, including porches, decks and septic systems
|
$50
| |
|
Mobile homes, each 100 square feet
|
$15
| |
|
Additions and building alterations, each 100 square feet
|
$15 ($75 minimum)
| |
