[Amended 7-12-2016 by L.L. No. 2-2016, effective 7-29-2016; 9-12-2017 by L.L. No.
2-2017, effective 9-26-2017]
This chapter shall be administered, enforced and prosecuted
by the Zoning Administrator, the Building Inspector (BI), the Fire
Inspector, the Attorney to the Town, the Town Attorney, the Planning
Board and/or the Zoning Board of Appeals in the manner prescribed
below for the application and issuance of permits, submission of plans,
conduct of hearings and handling of violations, including but not
limited to the prosecution thereof. The Attorney to the Town or Town
Attorney shall have the authority to enforce and prosecute all provisions
of this chapter. Notwithstanding the forgoing, prior to the commencement
of any legal action in the Town of Clinton Justice Court or any court
of competent jurisdiction, including an appeal of a judicial decision,
such action must be duly authorized and approved by the Town Board.
A.
Enforcement. In addition to all other authority conferred
by law, and except as otherwise provided, it shall be the duty of
the Zoning Administrator to enforce literally the provisions of this
chapter and of all rules, conditions and requirements specified by
the Zoning Board of Appeals and the Planning Board.
B.
Administration. The Zoning Administrator shall receive
all applications for special use permits, sign permits, temporary
permits, soil erosion and sediment control permits, pond permits,
variances, site plan reviews, change of use (including nonconforming
uses), and such other applications as may be specified in other local
laws or by the Town Board, or as otherwise herein provided. Applications
will be forwarded by the Zoning Administrator to the appropriate board(s)
or officials for review, if applicable.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
C.
Compliance review.
(1)
The Zoning Administrator shall review and approve
all applications, in writing, prior to the issuance by the Building
Inspector of a building permit or certificate of occupancy. Before
granting such approval, the Zoning Administrator shall be satisfied
that:
(2)
No building permit or certificate of occupancy shall
be issued that would not be in full compliance with the provisions
of this chapter and the Uniform Code. Any such permit or certificate
issued or approved in violation of any provision of this chapter and
other applicable provisions shall be null and void.
D.
Inspections. The Zoning Administrator is authorized to enter, with
property owner permission, upon, examine, and inspect any building,
structure, or property at any reasonable time, in the Town of Clinton,
for the purpose of carrying out the duties of the position and to
determine compliance with the provisions of this chapter and other
local laws and ordinances. In the event that the person, firm, corporation,
trust, estate, association or other entity owning possessing or controlling
real property in the Town of Clinton refuses to allow the Zoning Administrator
to inspect the real property where an alleged violation of this chapter
is or has occurred, then the Zoning Administrator shall file an affidavit
of the facts showing a probable violation of this chapter with the
Town Justice, or any court of competent jurisdiction, and after an
examination by the Zoning Administrator and the filed affidavit of
facts, the Court shall make a written finding whether or not there
appears to be probable cause that there is a violation of this chapter.
If the Court makes a determination that such a violation probably
exists, then the Court shall issue a search warrant to a police officer
or department having jurisdiction over the Town authorizing a search
of the real property to determine if there is a violation of this
chapter. The search shall be conducted in accordance with the terms
and conditions of the search warrant which shall describe the date,
time and other parameters of the authorized search. The Zoning Administrator
shall accompany the police officer conducting the search. When conducting
the search, the police officer shall give notice of their authority
and purpose only to the owner(s) and/or occupant(s) present at the
real property at the time of the search before conducting the authorized
search and show the owner(s) and/or occupant(s) present at the real
property the warrant or a copy thereof upon request. A written report
of each such search and inspection shall be prepared on an appropriate
form and kept on file by the Zoning Administrator.
[Amended 5-8-2018 by L.L.
No. 2-2018, effective 5-17-2018]
E.
Issuance of order to remedy. Whenever in the opinion
of the Zoning Administrator, after proper examination and inspection,
there exists a violation of any provision of this chapter, or of any
regulation adopted pursuant thereto, the Zoning Administrator shall
serve a written notice upon the appropriate person or persons responsible
for such alleged violation. Such notice shall inform the recipient
of the nature and specific details of such alleged violation, and
the date of compliance by which the alleged violation must be remedied
or removed, which date shall be not more than 30 calendar days from
the date of notice, except as specifically herein provided.
F.
Issuance of stop orders. Whenever the Zoning Administrator
has reasonable grounds to believe that work on any building or structure
or any use of land is occurring either in violation of the provisions
of this chapter, not in conformity with any application made, permit
granted or other approval issued, or in an unsafe or dangerous manner,
the Zoning Administrator shall promptly notify the appropriate person
or persons responsible to suspend work on any such building or structure
or the use of any such land. Such persons shall immediately suspend
such activity until such time that the stop order has been rescinded
by the Zoning Administrator. Such order and notice shall be in writing,
shall state the conditions under which the work or use may be resumed,
and shall be served by delivering it personally, or by posting the
same upon a conspicuous portion of the building under construction
or premises in use. In addition, a copy of the same shall be sent
by certified mail to the person or persons responsible.
G.
Issuance of appearance tickets. Whenever in the opinion
of the Zoning Administrator the person(s) responsible for an alleged
violation has failed to remedy the condition, or has failed to stop
work as requested, the Zoning Administrator shall issue and serve
an appearance ticket with respect to a violation of this chapter.
Such appearance ticket shall be served by the Zoning Administrator
and conform with the provisions of the Criminal Procedure Law. The
appearance ticket may be accompanied by a civil complaint.
H.
Approval of lot line adjustments.
(1)
An applicant seeking to merge one or more adjoining lots shall submit
an application to the Zoning Administrator for a lot line adjustment.
All applications submitted to the Zoning Administrator must include:
(2)
The Zoning Administrator shall review and approve the lot line adjustment
to ensure compliance with all applicable provisions of the Town Code,
including but not limited to the provisions of this chapter.
I.
Complaints. All complaints of alleged violations shall
be made to the Zoning Administrator. If the complaint is made in writing,
the Zoning Administrator shall respond to the complainant in writing
within 30 days, acknowledging the complaint, and stating the disposition
or pending action on the complaint.
J.
Records. The Zoning Administrator shall keep a permanent
record of all violations of this chapter, whether reported by private
citizens or by any board, agency, officer or employee of the Town,
and such record shall show the disposition of all such violations.
These records shall be public records. The Zoning Administrator shall
file the disposition of each violation or written complaint in the
office of the Town Clerk within 10 days of a decision or action.
K.
Reports. The Zoning Administrator shall make a report
to the Town Board, in writing, at least once every three months, listing
all reported or continuing violations of this chapter and the disposition
or pending action of such violations.
A.
General.
(1)
The Building Inspector shall administer the building
provisions of this chapter and other local laws of the Town of Clinton
and all building conditions and requirements specified by the Zoning
Board of Appeals and the Planning Board.
(2)
The Building Inspector shall administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code as related to items listed in this section, and any additional standards which may be provided by local laws of the Town of Clinton (see also § 250-94, Fire Inspector powers and duties).
(3)
The two positions of Building Inspector and Fire Inspector
may be held separately or by the same person, as appointed by the
Town Board, which may also assign temporary duties if a vacancy occurs.
Where the two positions are separately held, the Town Board shall
resolve any jurisdictional questions.
B.
Issuance of building permits and certificates of occupancy.
The Building Inspector shall receive all applications for building
permits and certificates of occupancy, and shall review such applications
and issue building permits and certificates of occupancy, after obtaining
all necessary approvals, in accordance with this chapter.
C.
Issuance of demolition permits. The Building Inspector
shall receive applications for and issue demolition permits in accordance
with all local laws of the Town of Clinton.
D.
Approval of sewage treatment system in C Districts. The Building Inspector shall approve altered or new sewage treatment systems in the C District in accordance with § 250-10.
E.
Inspections. The Building Inspector, upon the showing
of proper credentials, is authorized to enter upon, examine, and inspect
any building, structure, or property at a reasonable time, in the
Town of Clinton, for the purpose of carrying out the duties of the
position.
F.
Issuance of stop orders and appearance tickets. The Building Inspector may issue stop orders and appearance tickets related to the scope of his/her responsibilities in the manner prescribed for such issuance in § 250-89.
G.
Records.
(1)
The Building Inspector shall maintain complete files
of all applications for building permits and for certificates of occupancy
and records of all building permits and certificates of occupancy
issued. These files and records shall be public records.
(2)
The Building Inspector shall file a copy of issuance
or denial of each building permit or certificate of occupancy with
the office of the Town Clerk within 10 days of a decision or action.
H.
Reports. The Building Inspector shall make a report
to the Town Board, in writing, at least once every three months, listing
each building permit and certificate of occupancy issued during the
period since the last report, and summarizing the number and type
of building permits and certificates of occupancy issued.
I.
Appeal. An appeal may be made to the Zoning Board of Appeals from any decision of the Building Inspector. Such an appeal by an applicant for a permit shall be made within 45 days of the filing of such decision with the Office of the Town Clerk (see also § 250-98). Appeal may be made to the regional board of review for the NYS Uniform Fire Prevention and Building Code for variances to the Uniform Code. Application requirements for such a request may be obtained from the Building Inspector.
A.
Scope.
(1)
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, or conversion of any building or structure, or cause the same to be done, except as provided in § 250-22B of this chapter as pertains to accessory structures, or other nonpermanent accessory structures not exceeding 50 square feet in size, without first obtaining a separate building permit from the Building Inspector for each such building or structure.
(2)
No building permit shall be issued for a building
to be used for any use allowed by special use permit until such special
use permit has been approved by the Planning Board.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(3)
No building permit shall be issued for any building
where the site plan of such building is subject to approval by the
Planning Board except in conformity with the plans approved by said
Board.
(4)
No building permit shall be issued without a compliance review and approval of the application by the Zoning Administrator, in accordance with § 250-89.
(5)
No excavation shall be made for any building or structure
requiring a building permit until such permit has been issued. Any
excavations left open after the expiration of the permit period must
be filled. If the owner fails to comply with this requirement, he/she
shall, within 10 days after written notification from the Building
Inspector, cause the excavation to be filled. If the owner fails to
comply, the Town is empowered to fill the excavation and any cost
incidental thereto shall be paid by the owner.
(6)
A building permit shall be void if construction is
not started within a period of one year or completed within a period
of three years of the date of said permit.
(7)
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances, or regulations. All work
shall conform to the approved application, plans and specifications.
(8)
Any amendments to the application, or to the plans
and specifications accompanying the same, must be filed at a time
prior to the commencement of the work on said proposed changes and
subject to the approval of the Building Inspector and Zoning Administrator.
If the change involves a change in the special use permit or site
plan, the applicant shall gain approval from the Planning Board.[1]
B.
Application.
(1)
Application contents.
(a)
Applications for a building permit shall be
made to the Building Inspector on forms provided by him, with the
appropriate fee, and shall contain the following information:
[2]
A statement of the use or occupancy of all parts
of the land and of the building or structure;
[3]
A brief description of the nature of the proposed
work;
[4]
The valuation of the proposed work;
[5]
The full name and address of the owner, the
applicant, and the responsible officers of any corporation;
[6]
Three copies of plans and specifications as set forth in § 250-91B(2);
[7]
Evidence of County Health Department approval,
if necessary;
[8]
Evidence of a driveway permit from the appropriate
authority (New York State Department of Transportation, Dutchess County
Department of Public Works, Town Highway Department);
[9]
An approved site plan, if necessary;
[10]
Such other information as may
reasonably be required by the Building Inspector or Zoning Administrator
to establish compliance of the proposed work with the requirements
of the applicable building and zoning laws, ordinances, and regulations.
(b)
When clearly not applicable, certain application
requirements listed in this subsection may be waived by the Building
Inspector or Zoning Administrator.
(2)
Each application for a building permit shall be accompanied
by three copies of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed new
construction and all existing structures on the site, the nature and
character of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys,
and, where required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams,
and other essential technical data. Storm drainage plans shall also
be submitted.
(3)
Application shall be made by the owner, lessee, or
agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of owner that the proposed work is authorized by the owner and that
the applicant is authorized to make such application.[2]
(4)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings. Plans and specifications
shall carry the official seal or stamp of an authorized architect,
land surveyor, or professional engineer licensed in the State of New
York, to attest that they conform to all requirements of the Uniform
Code, except applications for:
(5)
All water supply and sewage disposal installations
shall conform to the Dutchess County Department of Health regulations.
No plot plan shall be approved by the Building Inspector in any zoning
district unless such conformity is certified on the plan. Drainage
affecting adjacent properties shall be considered by the Building
Inspector before issuing a building permit, including possible runoff
to said properties. The Building Inspector may request an evaluation
of the drainage plan from the Dutchess County Soil and Water Conservation
District. If the Building Inspector has concerns regarding drainage,
grading, or erosion control, he shall refer the plot plan to the Town
Engineer. All costs of such evaluations and referral reviews shall
be charged to the applicant.
(6)
The Building Inspector may require the applicant to
name the Town as an additional insured during the construction period.
C.
Posting. Building permits shall be issued in duplicate
and one copy shall be posted conspicuously on the premises affected
whenever construction work is being performed. No owner, contractor,
worker, or other person shall perform any building operations of any
kind unless a building permit covering such operation is displayed.
D.
Disapproval. If the application, together with plans,
specifications and other documents filed therewith, describes proposed
work which does not conform to all of the requirements of the applicable
zoning and building regulations, the Building Inspector shall disapprove
the same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Building Inspector shall cause
such refusal, together with the reasons, to be transmitted to the
applicant in writing. Such notice shall include information on the
appeals procedure. The Building Inspector shall keep a file of such
disapproval, together with sufficient documents to explain the reasons
for refusal.
E.
Revocation. The Building Inspector may order that
an approved building permit be revoked in the following instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3)
Where he finds that the work performed under the permit
is not being pursued in accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector or Zoning Administrator.
A.
Scope.
(1)
No building shall be occupied, used or changed in
use until a certificate of occupancy has been issued by the Building
Inspector, stating that the building or proposed use complies with
the provisions of this chapter and all other applicable laws and regulations.
Specifically, the following requirements shall be strictly met:
(a)
No building erected after the effective date
of this chapter shall be used or occupied in whole or in part until
a certificate of occupancy shall have been issued by the Building
Inspector.
(b)
No building enlargement, extension or alteration
after the effective date of this chapter which required the issuance
of a building permit shall be occupied or used, unless a certificate
of occupancy shall have been issued by the Building Inspector.
(c)
No change shall be made in the specific use
or type of occupancy of an existing building unless a certificate
of occupancy authorizing such change shall have been issued by the
Building Inspector.
(d)
No certificate of occupancy shall be issued
until the road or roads have been completed sufficiently to provide
proper and reasonable ingress and egress for emergency vehicles.
(e)
No certificate of occupancy shall be issued
without prior approval of water supply and sewage facilities by the
Dutchess County Department of Health.
B.
Application and review.
(1)
A certificate of occupancy shall be applied for, to
the Building Inspector, upon completion of construction.
(2)
Before the issuance of a certificate of occupancy,
the Building Inspector shall examine all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, remove, demolish, or change the use
or occupancy; and he may conduct such inspections as he deems appropriate
from time to time during and upon completion of the work for which
a building permit has been issued. There shall be maintained by the
Building Inspector a record of all such inspections and examinations
together with a record of findings in violation of the law.
(3)
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
provisions of this chapter, provisions of the Uniform Code, and in
accordance with the application, plans and specifications filed in
connection with the issuance of the building permit, the Building
Inspector shall issue a certificate of occupancy.
C.
Disapproval. If it is found, on final inspection,
that the proposed work has not been properly completed, the Building
Inspector shall refuse to issue a certificate of occupancy and shall
order the work completed in conformity with the building permit and
in conformity with the applicable building regulations. The Building
Inspector shall state such disapproval in writing with the cause and
immediately mail such disapproval by certified mail to the applicant
at the address indicated on the application. Such notice shall include
information on the appeals procedure.
D.
Temporary certificates. Upon request, the Building
Inspector may issue a temporary certificate of occupancy for a building
or structure, or part thereof, before the entire work covered by the
building permit has been completed, provided such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare, and provided the work can be reasonably
expected to be completed within 30 days. A temporary certificate of
occupancy shall be effective for a period not to exceed 30 days. No
temporary certificate of occupancy shall be issued for any use requiring
a special use permit or site plan approval until such approvals have
been granted.[1]
E.
Upon request, the Building Inspector may issue a letter
"in lieu of certificate of occupancy" which verifies that a building
predates the requirement for issuance of a certificate of occupancy.
F.
Revocation. If the property owner fails to continuously
maintain the premises in conformance with any conditions imposed as
part of the permit process, the Building Inspector, after giving notice
of the deficiency and reasonable time for the property owner to remedy
the deficiency, may revoke the certificate of occupancy. Such revocation
shall be in writing, sent to the property owner by certified mail,
and shall include information on the appeals procedure.
A.
General. Demolition of a building involves the discontinuation
of a particular use and ultimately the use of the property in a different
manner. Therefore, prior to commencement of any demolition, except
as provided herein, a demolition permit must be obtained from the
Building Inspector. Such requirement for permit shall not apply to
farm buildings.
B.
Intent. The intent of this regulation is to provide
for the orderly process of demolition of any building, and to assure
proper review of historical and safety considerations, as well as
compliance with future intended use of the property.
C.
Application. The applicant shall submit the following
to the Building Inspector:
(1)
A statement regarding the age of the building to be
demolished and any national, state or local designations of significance
that are associated with the building and the parcel on which it is
located;
(2)
A statement regarding why the building is planned
for demolition and, if the building has some historic value, what
alternative actions could be taken to preserve it;
(3)
Plans regarding how the demolition process will take
place, in the form prescribed by the Building Inspector;
(4)
If known, the intended future use of the property;
(5)
Applicable environmental assessment form as required
by this chapter in conjunction with the State Environmental Quality
Review Act, Article 8 of the Environmental Conservation Law and Part
617 of the New York Codes, Rules and Regulations.
D.
Issuance of permit. Upon the filing for a demolition
permit, the Building Inspector shall refer such application to the
Planning Board. The Planning Board shall review such application within
45 days, and approve such plans only if it finds that the demolition
is in compliance with federal, state and local regulations with regard
to historical buildings, and that the demolition will not do harm
to the character of the surrounding area and buildings. The Planning
Board may require alterations to the demolition plan in order to approve
it. The Building Inspector shall conduct his own review of the application
with regard to compliance with building regulations, and upon Planning
Board approval, the Building Inspector shall issue a demolition permit
within 30 days. In the event that plans submitted are disapproved
by the Planning Board or the Building Inspector, the Building Inspector
shall notify the applicant, in writing, of the reason for refusal
to issue the permit.
A.
General. The Fire Inspector shall administer and enforce
the provisions specified by this section in accordance with the New
York State Uniform Fire Prevention and Building Code and other laws
of the Town of Clinton. In carrying out such duties, the Fire Inspector
shall cooperate with the Building Inspector, the Zoning Administrator,
and other fire prevention and safety agencies.
B.
Appointment. The Town Board shall appoint one or more
Fire Inspectors as the need may appear to act under its supervision
and direction and to exercise such duties as specified herein. The
two positions of Building Inspector and Fire Inspector may be held
separately or by the same person, as appointed by the Town Board,
which may also assign temporary duties if a vacancy occurs. Where
the two positions are separately held, the Town Board shall resolve
any jurisdictional questions.
C.
Inspections.
(1)
The Fire Inspector shall perform such minimum fire
and safety inspections as are required by the New York State Uniform
Fire Prevention and Building Code, and other such inspections as may
be required by other laws of the Town of Clinton, including but not
limited to:
(b)
Fire safety inspections in all multiple dwellings
and all nonresidential occupancies, at intervals consistent with local
conditions, as specified by resolution of the Town Board or local
law;
(c)
Inspections to determine building safety requested
by the Fire Department following a fire, if so specified by resolution
of the Town Board or by local law;
(d)
Inspections in response to bona fide complaints
regarding fire-related conditions or activities allegedly failing
to comply with the Uniform Code.
(2)
Inspections during construction shall be performed
by the Building Inspector in accordance with the duties of the position.
D.
Issuance of stop orders and appearance tickets. The Fire Inspector may issue stop orders and appearance tickets related to the scope of his responsibilities, in the manner prescribed for such issuance in § 250-89.
E.
Records. The Fire Inspector shall maintain files of
all inspections. These files shall be public records. A summary of
each such inspection shall be filed in the office of the Town Clerk
within 10 days of the inspection or action.
F.
Reports. The Fire Inspector shall make a report to
the Town Board, in writing, at least annually, listing each inspection
performed and summarizing the number and type of such inspections
performed.
G.
Appeal.
(1)
An appeal may be made to the Zoning Board of Appeals
from any decision of the Fire Inspector. Such an appeal by an applicant
for a permit shall be made within 45 days of the filing of such inspection
in the office of the Town Clerk.
(2)
Appeal may be made to the regional board of review
for the NYS Uniform Fire Prevention and Building Code for variances
to the Uniform Code. Application requirements for such a request may
be obtained from the Building or Fire Inspector.
A.
Creation, composition and appointment.
(1)
Creation. A Planning Board shall be maintained in
accordance with § 271 of the Town Law.
(2)
Composition. The Planning Board consists of seven
members, unless changed in accordance with § 271 of the
Town Law.
(3)
Appointment. The Town Board shall appoint the members
of the Planning Board and shall designate its Chairperson. No person
may serve on the Planning Board who is a member of the Town Board
or the Zoning Board of Appeals. The terms of each of the Planning
Board positions shall be seven years, and as otherwise provided by
their creation in accordance with § 271 of the Town Law.
Vacancies shall be filled by the Town Board. If a vacancy occurs other
than by expiration of term, it shall be filled by appointment for
the unexpired term.[1]
(4)
Removal. The Town Board shall have the power to remove
any member of the Planning Board for cause after public hearing.
(5)
Compensation. The Town Board may provide for compensation
to be paid to Planning Board members, experts, clerks, a secretary
and for other such expenses as may be necessary and proper.
B.
General procedures.
(1)
Meetings. All meetings of the Planning Board shall
be held at the call of the Chairperson and at such other times as
such Board may determine. All meetings of such Board shall be open
to the public.
(2)
Minutes. The Planning Board shall keep minutes of
its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examination and other official actions. Every
rule, regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board shall be made
part of the minutes. The minutes, once approved, shall be filed in
the office of the Town Clerk and shall be a public record.
(3)
Procedure. The Planning Board shall proceed in accordance with Article 16 of the Town Law, and as further provided in this chapter and Chapter 206, Subdivision of Land.
(4)
All determinations and procedures of the Planning
Board shall be made in accordance with the requirements of the State
Environmental Quality Review Act (SEQRA).
(5)
Fees. The Planning Board, in exercising the full power
and authority conferred on it under Town Law Article 16 and this chapter,
shall require an applicant for a permit to pay the fee established
by resolution of the Town Board for such permit, and to include reasonable
and necessary costs for the Planning Board to hire its own independent
surveyor, engineer, planning consultant, attorney and/or similar expert.[2]
C.
Subdivisions. The Planning Board shall have full power and authority to approve subdivision plats, as provided by Article 16 of the Town Law, as further provided by this chapter, and Chapter 206, Subdivision of Land, and:
(1)
As provided by Chapter 206, Subdivision of Land, the Planning Board shall hold a public hearing prior to final subdivision approval. In addition to giving public notice as therein prescribed, the Planning Board shall, at least five days before such hearing, mail notices by certified mail to adjacent property owners within 200 feet of the property involved. Notification to the county and state for adjacent highways is not required. Provided that there has been substantial compliance with the provisions of public notice, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in granting or denying approval of a subdivision.
(2)
In addition to all material required to be submitted to the Planning Board by Chapter 206, Subdivision of Land, and the Planning Board's application packet, the applicant shall furnish a copy of the Assessor property record from the Assessor's office, including the uses, as defined herein, of all buildings on the property being subdivided, and shall either affirm that the facts furnished on the Assessor record are correct or shall correct the record as presented to the Planning Board. Any application which is incorrect shall void any approval by the Planning Board.
D.
Site plans. The Planning Board shall review all site plans in accordance with § 250-96 of this chapter.
E.
Variances.
(1)
Application for variances may be made to the Zoning
Administrator upon denial of a requested use or building permit. Upon
the Zoning Administrator's determination that a variance is required
and that the application is complete, the Zoning Administrator shall
within five days or at its next regular meeting transmit the application
to the Planning Board for recommendation to the Zoning Board of Appeals.
(2)
In accordance with § 271 of the Town Law,
the Town Board hereby refers all applications for variances to the
Planning Board for its recommendation prior to final action on such
variances by the Zoning Board of Appeals.
(3)
The Planning Board shall issue a written report of its recommendation to the Zoning Board of Appeals on each variance application, which shall be decided by the Zoning Board of Appeals in accordance with § 250-98 of this chapter.
(4)
In considering variance applications, the Planning
Board shall use the same criteria for evaluating the application as
is prescribed herein for the Zoning Board of Appeals, and may recommend
any conditions, safeguards or alternatives to the Zoning Board of
Appeals as it deems appropriate.
F.
Special use permits. The Planning Board shall have the power to grant special use permits in accordance with § 250-97 of this chapter.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
G.
Demolition permits. The Planning Board shall review applications for demolition permits, in accordance with § 250-93 of this chapter.
H.
Nonconforming uses. The Planning Board shall review all applications for change of nonconforming use, referred to it by the Zoning Board of Appeals in accordance with § 250-98. In reviewing such applications, the Planning Board may, as it deems necessary, require the applicant to prepare a site plan, and to provide any other information needed to make its recommendation. In addition to review of the site plan, if necessary, the Planning Board shall make its recommendation on such application in accordance with the provisions of Article VI in this chapter and the considerations listed in § 250-98E.
I.
Master Plan. In accordance with § 272-a
of the Town Law, the Planning Board may prepare and change a comprehensive
master plan for the development of the entire area of the Town.
J.
Other. The Planning Board shall be authorized to review
and decide any applications on which it has been empowered by resolution
of the Town Board, in accordance with § 271 of the Town
Law, or on which it has been empowered by any other laws of the Town
of Clinton.[3]
[3]
Editor’s Note: Former Subsection K, Lot line alterations,
added 3-14-1995 by L.L. No. 2-1995, which immediately followed this
subsection, was repealed 2-10-2015 by L.L. No. 1-2015, effective 2-24-2015.
A.
Scope.
(1)
The Planning Board is authorized to review and approve,
approve with modifications, or disapprove new developments, alterations,
or changes in use which affect site requirements such as parking,
access, sewage disposal, water supply, runoff, landscaping, buffers,
architectural features, location of structures, impact on adjacent
land uses, elements relating to health, safety, and general welfare
of the community, etc., and to ensure that plans are prepared to the
specifications set forth in the applicable zoning districts, the pertinent
supplementary regulations, and the general criteria and standards
set forth below.
(2)
Site plan approval by the Planning Board is required
for all uses specified in the Schedule of Use Regulations[1] as requiring site plan review (including change of use),
for all special permit uses, for expansions of nonconforming uses,
and for changes to similar or less nonconforming uses.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
(4)
The site plan review process permits the Planning
Board to analyze development proposals in terms of their impacts on
local growth and the need for facilities and services.
B.
Procedure for site plan approval.
(1)
Referral by the Zoning Administrator.
(a)
Prior to the approval of a building permit or
certificate of occupancy in any district, the Zoning Administrator
shall require site plan approval for uses specified in the Schedule
of Use Regulations.
(b)
The Zoning Administrator shall refer the applicant
to the Planning Board for its review of the proposed structure or
use in accordance with the standards and procedures set forth in this
section.
(2)
Sketch plan conference.
(a)
A sketch plan conference between the Planning
Board and applicant shall be held to initially review the basic site
design concept and generally determine the extent of site plan review
necessary for the intended project and the information to be required
on the site plan and in accompanying reports. At the sketch plan conference,
the applicant should provide a written statement and rough sketch
describing what is proposed, including indication of all existing
structures and uses, if any, on the site.
(b)
At a minimum, this conference should include
a map showing the important existing natural and built features in
and around the site and a sketch plan showing the major features of
the proposed development. This information can then form the basis
with which the Town can advise the applicant on the next steps required
to gain final site plan approval and of the necessary data that will
have to be provided with the application. It should be noted that
a copy of any deed restrictions should be provided for review at this
sketch plan conference. A copy of the documentation presented should
be kept on file by the Planning Board.
(c)
The Planning Board shall then take one or more
of the following three actions:
[1]
Require full review. Advise the applicant of site plan application requirements in accordance with Subsection C and a related administrative checklist which may be employed.
[2]
Require additional information. Require additional sketch plan information needed to complete a satisfactory review. Requirements in Subsection C may be waived or combined as appropriate to the proposed project.
[3]
Waive one or more site plan application requirements.
(3)
Formal application to the Planning Board.
(a)
Meeting with applicant. Upon receipt of the
application, the Planning Board shall notify the applicant, in writing,
of the place, date and time of the meeting of the Planning Board at
which the application is to be considered and request the applicant's
presence to discuss the application.
(b)
Referral to Dutchess County Department of Planning. The Planning Board shall comply with the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning such site plan applications as are within its jurisdiction [see § 250-98B(5)]. When a referral is sent to any agency, it shall indicate the date when a response is due.
(c)
Site inspection. Inspections may be made by
the Zoning Administrator in accordance with this chapter and by Planning
Board members and/or the Town Engineer, as part of the application
review. No approval shall be granted if such reasonable inspections
are not permitted by the applicant.
(d)
Public hearing notice. Within 62 days of the
receipt of a complete application, the Planning Board shall conduct
a public hearing. Public notice shall be given by publication in the
official Town newspaper at least five days prior to the public hearing.
The Planning Board shall mail notice of said hearing to the applicant
at least 10 days before the hearing. Reports from the Dutchess County
Department of Planning shall be read into the record at the hearing.
At the discretion of the Planning Board, the requirement for a public
hearing may be waived. If the public hearing is waived, all responses
from referrals to other agencies will be read into the record at the
final review meeting, before a decision is made.[2]
(e)
Conditions. In acting to approve, with or without
modifications, a site plan application, the Planning Board shall attach
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed site plan.[3]
(f)
Necessary permits. A record of application for
an approval status of all necessary permits from federal, state, county,
and Town agencies shall be required before final site plan approval
is granted.
(g)
Decision. Within 62 days of the hearing or of
the receipt of the complete application as specified by the Planning
Board if no hearing has been held and after the applicant has had
the opportunity of meeting with the Planning Board, the Planning Board
shall approve, approve with modification, or disapprove the site plan.
The decision of the Planning Board shall be expressed in the report
to the Zoning Administrator, which report shall be binding. A copy
of said report shall be mailed by certified mail to the applicant
at the address indicated on the application. The decision of the Planning
Board shall be filed in the office of the Town Clerk within five days
after such decision is rendered. If applicable, a report on the action
taken shall also be filed within seven days thereof with the Dutchess
County Department of Planning. The time within which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Board.[4]
(h)
Within 60 days of the date of approval or approval
with modifications, the applicant shall present to the Planning Board
a corrected final site plan in reproducible form, including any modification
required by the Planning Board as a condition of its approval. Upon
verification by the Planning Board that the plan complies with the
requirements of the Board, the plan shall be endorsed by the Planning
Board Chairperson and properly filed with the Zoning Administrator,
the Planning Board and the Town Clerk. No building permit shall be
issued until compliance with this section is complete.
(i)
Any approval shall be terminated if construction
is not completed within 18 months of approval, unless the approval
is reviewed and extended by the Planning Board.
(j)
Appeals. Any disagreement with the Planning
Board's interpretation of any provision of this chapter may be appealed
to the Zoning Board of Appeals.
C.
Application requirements. At the discretion of the Planning Board, any of the application requirements listed in this section may be waived in accordance with Subsection B above. The application for site plan approval shall be submitted in four copies, and shall include the following requirements:
(1)
State Environmental Quality Review Act (SEQRA) environmental
assessment form. No application shall be deemed complete without compliance
with SEQRA, including, where necessary, a lead agency determination,
a negative or positive declaration, and the submission of an acceptable
draft environmental impact statement (DEIS), if needed.
(2)
A vicinity map drawn at the scale of 2,000 feet to
the inch or larger showing the relationship of the proposal to existing
community facilities that may affect or serve it such as roads, shopping
areas, schools, etc. It shall also show all properties, subdivisions,
streets and easements within 500 feet of the property on which the
use for which application is made is proposed to be situated. Such
a sketch may be superimposed on a USGS map of the area.
(3)
A site plan or set of plans showing the intended use
of the property shall be prepared by a licensed design professional,
such as an architect, engineer, or surveyor, at a scale of not less
than one inch equals 50 feet and shall include the following information:
(a)
Boundaries of the property and existing lot
lines as shown on the current Tax Map. If the current Tax Map is in
error, this condition shall be resolved before final approval is granted.
(b)
The names of all owners of record adjacent to
the applicant's property.
(c)
The location of structures and used on adjacent
properties within 100 feet of the subject lot line.
(d)
Existing public streets, easements, or other
reservations of land within 500 feet of the applicant's property.
(e)
Existing zoning and special district boundaries
within 500 feet of the tract.
(f)
The location and boundaries of pertinent natural
features that may influence the design of the proposed use such as
watercourses, wetlands, one-hundred-year floodplains, soil types,
rock outcrops, existing vegetative cover, and single trees (which
are not part of a wooded area) eight or more inches in diameter.
(g)
Existing topography and proposed grading, at
contour intervals of not more than two feet, referenced to the nearest
U.S. government or local approved benchmark, and extending 50 feet
beyond the subject property.
(h)
The extent and amount of cut and fill for all
disturbed areas.
(i)
A soil erosion and sediment control plan, if
applicable.
(j)
The location, dimensions, proposed use, and
design of all existing and proposed buildings and structures.
(k)
The location size, design, materials, and associated
lighting of all existing and proposed signs.
(l)
The location, description and design of all
existing and proposed site improvements, including pavement, walks,
buffers, curbing, fences, walls, screening and recreational facilities.
(m)
The location and design of existing and proposed
streets, roads, highways, alleys, cul-de-sacs, parking areas, and
truck/commercial vehicles loading and unloading areas.
(n)
Landscaping plan, showing the natural vegetation to be preserved, the number, size, types, and locations of all trees and shrubs to be planted, and proposed grass and ground cover areas, and a landscape maintenance plan (see § 250-61, Landscaping).
(o)
The location and description of existing or
proposed sewage disposal systems and water supply systems, including
wells, water lines, valves, hydrants, and storage tanks.
(p)
Proposed stormwater drainage system, including
existing and proposed drains and culverts.
(q)
The location and design of existing and proposed
lighting, power, and communications facilities, including any towers
and satellite dish antennas.
(r)
The location, type, and design of all solid
waste handling facilities.
(s)
The location of outdoor storage, if any.
(t)
Lot area in acres or square feet, and measurements
of lot boundaries with bearings.
(u)
Ground area of buildings and total area by floor.
(v)
Measurement of setbacks of buildings.
(w)
Number of parking spaces required and to be
provided.
(x)
The amount of building area proposed for retail
sale uses, if any.
(y)
Any proposed division of buildings into units
of separate occupancy.
(z)
A signature block for Planning Board endorsement
of approval, the applicant's name and address, North arrow, scale,
and date.
(aa)
The location and design of monuments.
(bb)
The location and width of all driveways, exits,
and entrances.
(cc)
The pedestrian safety plan and control elements.
(dd)
The aesthetic relationship of the proposed structures
to the site.
(ee)
Specifications for materials of the proposed
site improvements.
(ff)
Fiscal impacts to the Town.
(4)
Elevations and sections shall be required at a scale
sufficient to delineate clearly the bulk and height of all buildings
and other structures included in the proposal.
(5)
Estimated project construction schedule.
(6)
For projects involving more than one phase, a site
plan indicating ultimate development of the entire property.
(7)
A copy of any covenants or deed restrictions for any
part of the property.
(9)
Other information as required by the Planning Board
to assist in the review of the site plan.
(11)
All revisions to site plans must be numbered
and dated.
D.
General criteria and standards for site plan approval.
The following criteria and standards shall be used by the Planning
Board for applications for site plan approval. They are intended to
provide a framework within which the designer of the development is
free to exercise creativity, invention and innovation while recognizing
the historic, scenic and rural qualities inherent in the community.
The Planning Board has the authority to require submission of alternative
design and layout proposals based on guidelines in this section. Site
plans are further subject to all other applicable provisions of this
chapter, including the supplementary regulations pertaining to the
zoning district, the proposed use, and the site treatment.
(1)
Relationship of proposal to the Town Master Plan.
(a)
Due attention by the applicant should be given
to the goals, objectives and the stated general land use policies
for the Town and the specific area in which the development is proposed.
(b)
In the site plan and design, recognition should
be given, where possible, to the traditional building forms and layouts
which are evidence of the distinctive historical development of the
area, and of the specially designated or recognized scenic and historic
districts within the vicinity of the proposed development.
(2)
Relationship of buildings to site.
(a)
The site shall be planned to create a desirable
relationship to the streetscape and to provide for adequate planting,
safe pedestrian movement, and adequate parking areas.
(b)
Site plans in which setbacks and yards are in
excess of zoning restrictions are encouraged to provide a variation
in relationship between buildings.
(c)
Parking shall, wherever possible, be located
to the rear or sides of buildings.
(d)
The height and bulk of each building shall be
compatible with its site and existing or anticipated adjoining buildings.
(e)
New structures will be sited and located to
take advantage of solar access insofar as practical, including the
orientation of proposed buildings with respect to sun angles, the
shading and windscreen potential of existing and proposed vegetation
both on and off the site, and the impact on solar access to adjacent
uses and properties.
(f)
Newly installed utility services and service
revisions necessitated by exterior alterations shall be underground,
where practical.
(3)
Relationship of buildings and site to adjoining area.
(a)
Site plans proposed adjacent to a residential
district shall be reviewed with regard to the impact of the development
on that district.
(b)
The Planning Board shall encourage the use of
a combination of landscaping, buffers, screens, visual interruptions,
and common building materials to create attractive transitions between
buildings of different architectural styles.
(5)
Lighting.
(a)
Exterior lighting shall enhance the building
design and the adjoining landscape. Lighting standards and building
fixtures shall be of a design and size compatible with the building
and adjacent areas.
(b)
The number of light standards and the intensity
of lighting shall be appropriate to illuminate the location for safety,
without glare to adjoining properties and streets.
(c)
Lighting standards shall be appropriate to the
design of the structures and shall not exceed 15 feet in height.
(6)
Building design.
(a)
Appropriate recognition should be made in the
building design of compatible building forms indigenous to the community
and, in particular, to the historic character of Clinton.
(b)
Materials shall have good architectural character
and shall be selected for harmony with traditional building materials.
Where practical, natural materials should be used.
(c)
Building components such as windows, roof lines,
doors, eaves, entrance porches, and decorative elements shall have
well-designed proportions and relationships to one another and be
compatible with the historic character of Clinton.
(d)
Mechanical equipment such as air conditioners,
satellite dishes, and other utility hardware on roofs, ground, or
buildings shall be screened from public view with materials harmonious
with the building, or they shall be located so as not to be visible
from any public ways.
(e)
Exterior lighting shall be part of the architectural
concept. Fixtures, standards and all exposed accessories shall be
harmonious with building design.
(8)
Ecological considerations.
(a)
The proposal shall result in minimal degradation
of unique or irreplaceable land types and in minimal adverse impact
upon areas of environmental concern.
(b)
The proposal shall conform with existing geological
and topographic features, to the end that the most appropriate use
of land is encouraged.
(9)
Drainage. The proposed development shall be so designed
as to provide for proper surface water management through a system
of controlled drainage that preserves existing drainage patterns and
protects other properties. Drainage plans shall be reviewed by the
Town Engineer prior to approval. Wherever possible, drainage systems
should be designed to avoid an increase in stormwater volume and velocity.
(10)
Solid waste. Facilities to handle solid waste
shall be easily accessible and properly screened.
(11)
Vehicular traffic.
(a)
All entrance and exit driveways shall be located
with due consideration for traffic flow, so as to afford maximum safety
to traffic on public streets and shall be reviewed by the appropriate
state, county or local authority.
(b)
On-site circulation shall be designed for ease
of use, the safety and convenience of pedestrians, and safe connections
with adjoining properties where appropriate.
(12)
Pedestrian circulation.
(a)
Pedestrian circulation shall be separated from
motor vehicle circulation. Appropriate walkways shall be provided
on the site and its approaches if deemed necessary.
(b)
Disabled persons. The plan, for any use to which
the public is expected to visit, shall make proper provision for buildings
and site developments that are accessible to and functional for physically
disabled persons, such as by provision of walks and ramps of suitable
width and grade, curb cuts, identified wide parking spaces and ground-level
building entrances, as required in the New York State Uniform Fire
Prevention and Building Code and all of the applicable state and federal
laws and regulations.
E.
Performance bonds. The applicant may be required to
post performance bonds or other form of surety approved by the Town
Board in sufficient amounts and duration to assure that all streets
or other public places shown on the site plan shall be suitably graded
and paved and that street signs, sidewalks, street lighting standards,
curbs, gutter, street trees, water mains, fire alarm signal devices,
including necessary ducts and cable or other connecting facilities,
sanitary sewers and storm drains or combined sewers or other public
improvements proposed shall all be installed in accordance with standards,
specifications and procedures acceptable to the appropriate Town departments.
The form of the bond shall be approved by the Town's attorney. The
need for a performance bond and its amount shall be approved by the
Town Board, with the recommendation of the Planning Board.
A.
Procedures.
(1)
All uses listed in the Schedule of Use Regulations[2] as special permit uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to, but not be limited to, the following general requirements as well as the pertinent supplementary regulations. Special permit uses are subject to the requirements of § 250-96, Site plans. Any conditions placed on the special use permit shall be conditions of site plan approval.
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
(2)
Prior to the issuance of a building permit or certificate
of occupancy in any district, the Building Inspector shall require
an application for a special use permit for uses so specified in the
Schedule of Use Regulations. Application for a special use permit
shall be made to the Zoning Administrator. The application shall include,
but not be limited to:
(a)
Completed application form and fees.
(b)
Appropriate environmental assessment form as
required by the State Environmental Quality Review Act, Article 8
of the Environmental Conservation Law, and Part 617 of the New York
Codes, Rules and Regulations.
(c)
Written statement and/or drawing describing
what is proposed.
(d)
Other information deemed necessary by the Planning
Board to explain the proposed use and consistency with the standards
of this chapter.
(4)
Review of application and SEQRA process. The Planning
Board shall review the application with the applicant and determine
the process for compliance with the State Environmental Quality Review
Act.
(5)
Referral to Dutchess County Department of Planning,
if necessary. The Planning Board shall comply with the provisions
of Article 12B, §§ 239-l and 239-m of the General Municipal
Law, as amended, and refer to the Dutchess County Department of Planning
such special use permit applications as are within its jurisdiction.
(6)
Public notice and hearing. The Planning Board shall
within 62 days of the receipt of the complete application conduct
a public hearing on any special use permit application. The Planning
Board shall provide a copy of the notice of said hearing to the applicant
and at which hearing the applicant shall appear in person or by agent.
The Board shall additionally provide notice as follows:[3]
(a)
By publishing at least five calendar days prior
to the date thereof a legal notice in the official newspaper of the
Town.
(b)
By requiring notice of the public hearing and
data regarding the substance of the application to the owners of all
property abutting that held by the applicant and all other owners
within 200 feet of the land involved in such application. Notice shall
be given by certified mail at least five days prior to the hearing.
[1]
The names and addresses of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
[2]
Provided that there has been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board with granting or denying a special use permit application.
(c)
If the land involved in the application lies
within 500 feet of the boundary of any other municipality, the Planning
Board shall also mail at least five calendar days prior to the public
hearing to the municipal clerk of such other municipality or municipalities
a copy of the notice of the substance of every application, together
with a copy of the official notice of such public hearing.
(7)
Decision. Within 62 days of the public hearing, the
Planning Board shall render a decision on the special use permit.
This time limit may be extended by mutual consent of the applicant
and the Planning Board.[4]
(8)
Filing of decision. The resolution (including any
conditions) of the Planning Board, fully setting forth the reasons
for approval or denial, shall be filed by the Planning Board in the
office of the Town Clerk, and a copy shall be sent by the Planning
Board by certified mail to the applicant within five days of the decision.
If applicable, a report on the action taken shall be also filed within
seven days thereof with the Dutchess County Department of Planning.
(9)
Expiration of special use permits. A special use permit
shall be deemed to authorize only the particular use or uses specified
in the permit and shall expire if said use or uses shall cease for
any twelve-month period after the date of special use permit approval
or if the use is not commenced within 12 months of approval.
(10)
Renewal of special use permit. Where required by Article V of this chapter or by condition of approval by the Planning Board, special use permits for some uses may be subject to renewal. Such permission for renewal will be made as for an initial application. The Planning Board may request any additional information it deems necessary for the review of the renewal application.
(11)
Revocation of special use permit. Special use
permits may be revoked by the Zoning Administrator in the event of
change of use, expansion of a use beyond the conditions approved,
or violation of the conditions of the special use permit.
(12)
Existing violations. No special use permit shall
be issued for a property upon which there is an existing zoning violation.
(13)
Building permit approval. If the Planning Board indicates that all applicable requirements have been met and approves the special use permit and the Zoning Administrator has determined that all other applicable laws have been complied with, the Building Inspector may issue the building permit for which application has been made. The Building Inspector shall attach such conditions and safeguards to the building permit as have been required by the Planning Board. If the Building Inspector finds that any of the applicable requirements have not been met, the Building Inspector shall not issue the building permit for which the application has been made. Building permit applications shall be made in accordance with § 250-91.
B.
General standards. Under § 274-a of the Town Law, the Town Board has delegated authority to the Planning Board to grant or deny special use permits. The Planning Board may grant a special use permit only if the proposed activity conforms to the following general conditions and any other particular conditions specified for that use in Article V or elsewhere in this chapter. No exceptions to the specific conditions listed in Article V or to these general standards shall be made by the Planning Board or Zoning Board of Appeals. The Planning Board, after public notice and hearing, may approve the issuance of a special use permit, provided all of the following conditions and standards have been met:
(1)
The location and size of the use, the nature and the
intensity of the operations involved, the size of the site in relation
to the use, and the location of the site with respect to existing
and future streets and roads providing access, shall be in harmony
with the orderly development of the district and its historic or rural
character.
(2)
The location, nature and height of the buildings,
walls and fences, and the nature and intensity of intended operations,
will not discourage the appropriate development and use or impair
the value of adjacent land and buildings.
(3)
All proposed traffic accessways shall be adequate
but not excessive in number, adequate in width, grade, alignment and
visibility, be sufficiently separated from street intersections and
places of public assembly, and meet similar safety considerations.
(4)
Adequate provision for safe and accessible off-street
parking and loading spaces shall be provided to prevent parking in
public streets of vehicles of persons connected with or visiting the
use.
(5)
All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and streets or roadways, and the general landscaping of the site shall
be in character with that generally prevailing in the neighborhoods.
Such landscaping shall include the preservation of existing trees
to the extent practicable.
(6)
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
(7)
The character and appearance of the proposed use,
buildings, structures, and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration, flashing lights, or hours of operation than
the operations of any permitted principal use and shall not adversely
affect the general welfare of the inhabitants of the Town.
(8)
The use shall meet the prescribed area and bulk requirements
for the district in which located or as further specified in the supplementary
regulations, including such matters as minimum setback, maximum height,
required off-street parking and sign regulations.
(9)
The level of services required to support the proposed
activity or use is, or will be, available to meet the needs of the
proposed activity or use.
(10)
The sewage disposal system will be adequate
to accommodate the proposed use, in accordance with health regulations.
(11)
The Planning Board may require additional conditions
and safeguards to the special use permit as may be necessary to assure
continual conformance to all applicable standards and requirements,
including periodic special use permit renewal where not specified
in the supplementary regulations for that use.
A.
Creation, composition and appointment.
(1)
Creation. A Zoning Board of Appeals shall be maintained
in accordance with § 267 of the Town Law.
(2)
Composition. The Zoning Board of Appeals consists
of seven members, unless changed in accordance with § 267
of the Town Law.
(3)
Appointment. The Town Board shall appoint the members
of the Zoning Board of Appeals and shall designate its Chairperson.
No person shall serve on the Zoning Board of Appeals who is a member
of the Town Board or the Planning Board. The terms of each of the
Zoning Board of Appeals positions shall be five years, as provided
by their creation in accordance with § 267 of the Town Law.
Vacancies shall be filled by the Town Board. If a vacancy occurs other
than by expiration of term, it shall be filled by appointment for
the unexpired term.
(4)
Removal. The Town Board shall have the power to remove
any member of the Zoning Board of Appeals for cause after public hearing.
(5)
Compensation. The Town Board may provide for compensation
to be paid to Zoning Board of Appeals members, experts, clerks, a
secretary and for other such expenses as may be necessary and proper.
B.
Procedures. In its quasi-judicial role, the Zoning
Board of Appeals shall act in strict accordance with the procedures
specified by § 267 of the Town Law and this chapter.
(1)
Meetings. All meetings of the Zoning Board of Appeals
shall be held at the call of the Chairperson and at such other times
as such Board may determine. On the five-member board, a quorum shall
consist of three members. In order to reverse a decision of the Zoning
Administrator or Building Inspector or authorize a variance, or to
decide contrary to the recommendation of the Planning Board, an affirmative
vote of at least three members shall be required. A favorable vote
of a majority plus one, i.e., of at least four members, shall be required
if the action taken by the Zoning Board of Appeals is contrary to
an advisory recommendation received from the Dutchess County Department
of Planning under the provisions of §§ 239-l and 239-m
of the General Municipal Law. All meetings of such Board shall be
open to the public.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(2)
Minutes. The Zoning Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examination and other official actions. Every
rule, regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board shall be made
part of the minutes. The minutes, once approved, shall be filed in
the office of the Town Clerk within 10 days and shall be a public
record.
(3)
Application and fee. All appeals and applications
to the Zoning Board of Appeals shall be made in writing, on forms
prescribed by the Board, and shall be filed with the Zoning Administrator
within 30 days of the action appealed from, and shall be accompanied
by the applicable fee in accordance with the fee schedule annually
reviewed and established by the Town Board. Appeals for review of
administrative decisions shall also be filed with the Zoning Board
of Appeals. Every appeal or application shall refer to the specific
provision of this chapter that is involved and shall precisely set
forth either the interpretation that is claimed or the details of
the variance that is applied for and the ground on which it is claimed
that such variance should be granted. Each application shall also
be accompanied by a short or full environmental assessment form as
required by SEQRA, Article 8 of the Environmental Conservation Law
and Title 6, Part 617 of the New York Codes, Rules and Regulations.
(4)
Public notice and hearing. The Zoning Board of Appeals
shall fix a reasonable time for the hearing of any appeal, application
or other matter referred to it and give public notice by the publication
in the official paper of a notice of such hearing, at least five days
prior to the date thereof, and shall, at least five days before such
hearing, mail notices by certified mail to the involved parties, to
adjacent property owners within 200 feet of the property involved,
and to the regional state park commission having jurisdiction over
any state park or parkway within 500 feet of the property affected
by such appeal or application. Upon the hearing, any party may appear
in person or by agent or by attorney. The names and addresses of owners
notified shall be taken as such appear on the last completed tax roll
of the Town. If the land involved in the appeal or application lies
within 500 feet of the boundary of any other municipality, the Zoning
Board of Appeals shall also submit, at least five days prior to the
public hearing, to the municipal clerk of such municipality a copy
of the notice of the substance of the appeal or application, together
with a copy of the official notice of such public hearing. Provided
that there has been substantial compliance with the provisions on
public notice herein, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Zoning Board of Appeals in granting or denying an appeal or an application
for a variance from a specific provision of this chapter.
(5)
Required referrals. A full statement of any appeal
or application that meets the specific referral requirements of §§ 239-l
and -m of the General Municipal Law shall also be referred prior to
the public hearing to the Dutchess County Department of Planning for
its review. No action shall be taken by the Zoning Board of Appeals
on such appeal or application until an advisory recommendation has
been received from said County Planning Department or 30 days have
elapsed since the Planning Department received such full statement.
(a)
Such actions shall include those which affect
property located within 500 feet of the following:
[1]
Municipal boundary;
[2]
Boundary of any existing or proposed county
or state park or other recreation area;
[3]
Right-of-way of any existing or proposed county
or state road or highway;
[4]
Existing or proposed right-of-way of any stream
or drainage channel owned by the county, or for which the county has
established channel lines; or
[5]
Existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated.
(b)
The Zoning Board of Appeals shall refer to and
receive recommendations from the Planning Board on all applications
for variances and changes of nonconforming uses, and may refer to
the Planning Board any other pertinent matters for review and recommendations.
The Zoning Board of Appeals shall defer any decision on the application
for a period of 30 days or until a report thereon is issued by the
Planning Board. If no report is received from the Planning Board within
30 days after such referral, the Planning Board shall be deemed to
have waived any rights concerning the matter being referred.
(6)
Decisions. Every decision of the Zoning Board of Appeals
on an appeal or application shall be made within 62 days of the close
of the hearing by the Board, shall be recorded in accordance with
standard forms adopted by the Board and shall fully set forth the
circumstances of the case and contain a record of the findings on
which the decision is based. Every decision shall be by resolution
of the Board, with such decision being filed in the office of the
Town Clerk within five days thereof. A copy of the decision shall
be mailed to the applicant. If applicable, a report on the action
taken shall also be filed within seven days thereof with the Dutchess
County Department of Planning. The time within which the Zoning Board
of Appeals must render its decision may be extended by mutual consent
of the applicant and the Board.[1]
(7)
Rehearing. Whenever the Zoning Board of Appeals, after
hearing all the evidence presented upon an application or appeal,
under the provisions of this section, denies the same, the Zoning
Board of Appeals shall refuse to hold further hearings on the same
or substantially similar application or appeal by the same applicant,
his successor, or assign for a period of one year, except and unless
the Zoning Board of Appeals shall find and determine from the information
supplied by the request for a rehearing that changed conditions have
occurred relating to the promotion of the public health, safety, convenience,
comfort, prosperity, and general welfare, and that a reconsideration
is justified. Such rehearing would be allowed only upon a motion initiated
by a member of the Zoning Board of Appeals and adopted by not less
than a majority of all members.
(8)
Attachment of conditions. In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of the Zoning Board of Appeals to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter and the criteria for granting relief stated in Subsection D below.
(9)
Strict construction. All provisions of this chapter
pertaining to the Zoning Board of Appeals shall be strictly construed.
The Zoning Board of Appeals, as a body of limited jurisdiction, shall
act in full conformity with all provisions of this chapter and in
strict compliance with all limitations contained herein; provided,
however, that if the procedural requirements set forth in this chapter
have been substantially observed, no applicant or appellant shall
be deprived of the right of application or appeal.
C.
Administrative review.
(1)
The Zoning Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision or determination
made by the Zoning Administrator, Building Inspector, Fire Inspector,
or any administrative official charged with the enforcement of any
law adopted pursuant to Article 16 of the Town Law. It shall also
hear and decide all matters referred to it or upon which it is required
to pass under any such law, including interpretations of the language,
intent of such law, or interpretation of the location of zoning district
boundaries by the Zoning Administrator or the Building Inspector.
The concurring vote of a majority of the members of the Board shall
be necessary to reverse any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
applicant any matter upon which it is required to pass under any such
law or to effect any variation in such law. Such appeal may be taken
by any person aggrieved, or by an officer, department or board of
the Town.
(2)
An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the appeal
is taken certifies to the Zoning Board of Appeals that by reason of
facts stated in the certificate, a stay would cause imminent peril
to life or property. In such cases proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Zoning Board of Appeals or by a court of record on application, on
notice to the officer from whom the appeal is taken and on due cause
shown.
(3)
The Zoning Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken.
D.
Variances. The Zoning Board of Appeals shall hear
and decide applications for variances from the terms of this chapter
in accordance with the following provisions. The intent of these provisions
is to protect the public interest and to observe the spirit of this
chapter, and to authorize variances from the terms of this chapter
in situations where, due to documentable exceptional and extraordinary
circumstances, there would result unnecessary hardships or practical
difficulties, as defined below, due to the strict application of the
provisions of this chapter. Failure to realize the highest return
on the land and/or buildings does not necessarily constitute practical
difficulty, economic injury or unnecessary hardship. The Zoning Board
of Appeals may grant such variances when the Board finds that the
following criteria, or current criteria consistent with New York State
law, have been strictly met:
(1)
Area variances.[2]
(a)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of this chapter, to grant area
variances as defined herein.
(b)
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 the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination the Board shall also consider:
[1]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(c)
The power of the Zoning Board of Appeals to
grant a variance is to be sparingly exercised. Not every applicant
for an area variance is automatically entitled to receive relief.
Each application should be carefully considered against the requirement
for proof of practical difficulty. If the Zoning Board of Appeals
decides to grant relief, it may grant only the minimum relief necessary
to allow reasonable use of the land or building in question.
(2)
Use variance. A property owner who desires to utilize
any land and/or buildings for a use that is not permitted by this
chapter within the applicable zoning district may apply for a use
variance.
(a)
An applicant for a use variance must demonstrate
unnecessary hardship by satisfying each of the following three tests:
[1]
Uniqueness. The applicant must prove that there
are certain conditions or features of the property that are not generally
applicable throughout the zoning district and that these features
make it impossible to earn a reasonable return without some adjustment.
If the conditions or features are generally applicable throughout
the district, a variance may not be granted.
[2]
Reasonable return. The applicant must demonstrate
an inability to realize a reasonable return under any of the uses
permitted within the zoning district in this chapter. There must be
a "dollars and cents" proof of the applicant's inability to realize
reasonable return; speculation or qualitative assessment is inadequate.
Failure to realize the highest return on the land and/or buildings
is not considered a hardship.
[3]
Character. The applicant must prove that the
requested modification will not change the character or quality of
the neighborhood. In addition, the purpose and intent of the zoning
district and this chapter must be preserved.
(b)
The applicant for a use variance must meet all
three tests before the Zoning Board of Appeals may consider granting
relief. A use variance may not be granted if the "unnecessary hardship"
was created by the applicant, i.e., that the relief sought is to address
a self-created hardship.
(c)
Should the Zoning Board of Appeals deem the
same condition to apply generally to other land or buildings in the
same neighborhood or district, the Zoning Board of Appeals may call
this condition to the attention of the Town Board and may recommend
that the Town Board consider a general amendment of this chapter,
but may not grant a variance.
(3)
Expiration. Unless construction or use is diligently
commenced within one year from the date of the granting of a variance,
such variance shall become null and void without further rehearing
or action by the Zoning Board of Appeals.
E.
Nonconforming uses. The Zoning Board of Appeals shall hear and decide any request for change of a nonconforming use, as required by Article VI of this chapter, and to determine whether the intended use maintains or reduces the nonconformity.
(1)
Appeal from Article VI to enlarge or extend a nonconforming use. In making such determination, the Zoning Board of Appeals shall consider the following:
(b)
An unlawful use prior to the effective date
of this chapter is not a nonconforming use.
(c)
The Planning Board recommendation as a result
of its site plan review if a site plan is required by the Planning
Board for such determination.
(d)
No appeal may be granted by the Zoning Board
of Appeals if any violations of this chapter exist with regard to
this property.
(e)
An owner must make the same showing of deprivation
of reasonable use to justify an extension of an established nonconforming
use as he would to justify a variance for a new use.
(f)
A mere intent by the owner at the time this
chapter became effective to use more land for a nonconforming use
does not require the Zoning Board of Appeals to permit subsequent
extension of nonconforming use of such land.
(2)
Request to change from one nonconforming use to another
nonconforming use. In making its determination of whether the change
of use maintains or reduces the nonconformity, the Zoning Board of
Appeals shall consider the following:
(a)
No change shall adversely affect the public
health, safety and welfare, the character of the neighborhood, or
property values in the area of such use, nor prolong any existing
adverse effects as a result of such change.
(b)
No change of use shall increase the overall
degree of nonconformity, with regard to compliance with the Schedule
of Area and Bulk Regulations.[3]
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(c)
The Planning Board recommendation as a result
of its site plan review.
(3)
Procedure. The Zoning Board of Appeals shall follow
the same procedures for change of nonconforming use as the procedure
for variances prescribed in this section.
F.
Relief from decisions. Any person or persons jointly
or severally aggrieved by any decision of the Zoning Board of Appeals
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Zoning Board of Appeals' decision in the office of the Town Clerk.
A.
In accordance with § 239-x of the General
Municipal Law, a subdivision, site plan, special use permit, soil
erosion and sediment control plan, variance, or rezoning application
may be referred by the reviewing agency to a conservation advisory
council (Clinton Conservation Advisory Committee) for its recommendation
on certain matters, including the following applications in which:[1]
(1)
The lands are completely or partly within the Conservation
Agricultural Residential District (C District).
(2)
The lands are completely or partly over aquifers,
as currently derived from U.S. Geological Survey (USGS) maps.
(3)
The lands include or partly include New York State
Department of Environmental Conservation designated wetlands.
(4)
Any other areas specifically designated by resolution
of the Town Board for referral of applications to the Conservation
Advisory Committee.
B.
If the reviewing agency refers an application to the
Conservation Advisory Committee, the agency shall take no action on
the application for 30 days without having received a written report
from the Conservation Advisory Committee. Such report shall evaluate
the proposed use or development and include alternative use proposals
consistent with area conservation.
[Added 8-8-2000 by L.L. No. 3-2000]
The Town of Clinton has adopted “Greenway
Connections: Greenway Compact Program and Guides for Dutchess County
Communities,” as amended from time to time, as a statement of
land use policies, principles, and guides. In its discretionary actions
under this chapter, the reviewing agency shall be guided by said statement
of policies, principles, and guides.
This chapter, or any part, including the Zoning
District Map indicating the various district boundaries, may from
time to time be amended, supplemented, changed, modified or repealed
by the Town Board in the manner prescribed by Municipal Home Rule
Law.
A.
Initiation. Consideration of an amendment to this
chapter may be initiated in one of three ways:
(1)
By the Town Board upon its own volition.
(2)
By resolution of the Planning Board sent to
the Town Board and filed with the Town Clerk, where certain changes
or repeal of certain provisions are recommended. Where practical,
the Town Board shall initiate consideration of such proposed amendment
within 90 days of the time the resolution is filed by the Planning
Board in the office of the Town Clerk.
(3)
By petition duly signed and acknowledged from
the owners of 50% or more of the public road frontage in any zoning
district requesting an amendment, supplement or change in the regulations
prescribed for such zoning district or part thereof. Where practical,
the Town Board shall initiate consideration of such petition for amendment
within 90 days of the time the petition is filed by the petitioners
in the office of the Town Clerk. Said petition shall be accompanied
by the applicable fee, if any, in accordance with the fee schedule
established and annually reviewed by the Town Board.
B.
Report of the Planning Board. Proposed amendments
may be referred to the Planning Board for a report and recommendation.
In undertaking such review, the Planning Board shall make inquiry
and provide recommendation concerning the matters specified below:
(1)
Whether such change is consistent with the intent
of this chapter as applied to the particular zoning districts concerned.
(2)
Which areas and establishments in the Town will
be directly affected by such change and in what way they will be affected.
(3)
Whether adequate public service and other support
facilities exist or can be created to serve the needs of any additional
development that may occur as a result of such change.
(4)
What other regulations may be affected, and
to what extent, as a result of such change.
(5)
Whether such proposed change is consistent with
the underlying objectives of the Town Master Plan and this chapter.
(6)
If such a referral is made, the Planning Board
shall submit its report to the Town Board within 60 days. Failure
of the Planning Board to report within the required time period shall
be deemed to be a recommendation of approval of the proposed amendment.
C.
Town Board procedure.
(1)
Public notice and hearing. The Town Board shall
fix the time and place of the public hearing on the proposed amendment
and cause notice thereof to be given pursuant to Municipal Home Rule
Law.
(2)
Required referral. The Town Board shall transmit
a full statement of any proposed amendment, whether a map amendment
or a text amendment, that meets the referral requirements of § 239-l
or 239-m of the General Municipal Law, to the Dutchess County Department
of Planning for its review and recommendation. No action shall be
taken by the Town Board on such proposed amendment until a recommendation
has been received from the County Department of Planning or 30 days
have elapsed since said department received such full statement.
(3)
Compliance with SEQRA. Proposed amendments are
actions subject to the provisions of the New York State Environmental
Quality Review Act. Prior to formal consideration and public hearing,
the Town Board shall make a determination as to the type of action,
lead agency status, and environmental significance of the proposed
amendment in accordance with Article 8 of the Environmental Conservation
Law and Title 6, Part 617 of the New York Codes, Rules and Regulations.
Any action to initiate an amendment to this chapter shall be specifically
accompanied by either a short or full environmental assessment form
as required by SEQRA.
(4)
Town Board action. The Town Board may approve
any such proposed amendment by a majority vote of the Board, except
that a favorable vote of at least four members of the Town Board,
i.e., a majority plus one, shall be required if action being taken
is contrary to the advisory recommendation received from the Dutchess
County Department of Planning under the provisions of §§ 239-l
and 239-m of the General Municipal Law. If the action taken is contrary
to the advisory recommendation of the County Department of Planning,
a report on the action shall be filed within seven days thereof with
said department.
A.
In case any building or structure is erected, constructed,
reconstructed, altered, converted, or maintained, or any building,
structure or land is used, or any land is divided into lots, blocks,
or sites in violation of this chapter or of any ordinance or other
regulation made under authority conferred thereby, the proper local
authorities of the Town, in addition to other remedies, may institute
any appropriate legal action or proceedings in a court of competent
jurisdiction to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance, use or division of land, 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.
B.
Upon the failure or refusal of the proper local officer,
board, or body of the Town to institute any such appropriate legal
action or proceeding for a period of 10 days after written request
by a resident or taxpayer of the Town to so proceed, any three residents
or taxpayers of the Town residing in the district wherein such violation
exists, who are jointly or severally aggrieved by such violation,
may institute such appropriate legal action in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
C.
A violation of this chapter is hereby declared to be a Violation Zoning unless specifically designated as a Violation Zoning Enhanced, punishable as set forth in Chapter 137, Fines and Penalties. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, all violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010; 9-14-2021 by L.L. No. 5-2021, effective 9-21-2021]
D.
Any person who fails to abate any violation of this
chapter after written notice has been served either personally or
upon the property owner at the address set forth in the last assessment
roll of the Town within 10 days after mailing of said written notice
has been sent to said person by certified mail shall be subject to
a civil penalty of $100 for each and every day that said violation
of the zoning law continues beyond said period, the same penalties
recoverable in a civil action brought by the Town in a court of competent
jurisdiction, and any civil penalties recovered by the Town shall
be retained by it.
E.
If there is any damage to property or land due to
a violation of this chapter, the person, firm, partnership, corporation
or other party responsible shall be notified and shall cause such
damage to be corrected within 36 hours of notice. If it is not so
corrected, the Town may cause such correction to be undertaken, and
the cost shall be paid to the Town by the party who failed to correct
the damage. Such cost shall be a debt owed to the Town, which, if
unpaid for more than 30 days after demand for payment, shall be a
lien on the real property upon which the damage occurred. Such lien
shall be collected by a levy added to the next real property tax levy
otherwise payable to the Town.
F.
The remedies provided herein shall be cumulative and
shall be in addition to other remedies provided by law.
Fees shall be paid on the filing of any application,
in accordance with the fee schedule established by resolution and
annually reviewed by the Town Board.