A.
Enforcement.
(1)
No board, agency, officer or employee of the Town shall issue, grant, or approve, any permit, license, certificate, or other authorization for any construction, reconstruction, alteration, enlargement, or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 475-17. Any such permit, license, certificate, or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
(2)
Unless otherwise provided, the Zoning Enforcement
Officer and any other person designated by the Town Board for the
purpose shall enforce the provisions of this chapter, and any rules
and regulations made or as may be made in furtherance thereof. For
such purposes he, or other designated person, may, from time to time
and at reasonable hours, enter and inspect such building, structure
or premises, and may perform any other act or duty necessary for the
proper enforcement thereof, including issuance of stop-work orders.
B.
Records and reports.
(1)
The Zoning Enforcement Officer shall keep a permanent
record, including all pertinent maps and plans, of all applications
for zoning permits and certificates of compliance.
[Amended 6-24-1985 by L.L. No. 3-1985]
(2)
The Zoning Enforcement Officer shall also 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.
(3)
The Zoning Enforcement Officer shall make a report
to the Town Board and Town Assessor, in writing, at least once each
year or more often as the Town Board may order, reporting the number
and type of zoning permits and certificates of compliance issued,
and listing all reported or continuing violations of this chapter,
and disposition or pending action of such violations.
[Amended 6-24-1985 by L.L. No. 3-1985]
C.
Permit for temporary uses and structures.
[Added 2-24-1997 by L.L. No. 2-1997]
(1)
In the event of an emergency situation, the Zoning
Enforcement Officer may issue a temporary permit for one mobile home
on any lot where a residential, commercial, or industrial structure
exits, outside of mobile home parks, which permits shall expire 90
days after issuance. Such permit may be extended by the Planning Board
upon application made prior to the expiration of the ninety-day period
from the date of the original permit by the Zoning Enforcement Officer.
In no event, however, shall such special exception permitting a mobile
home extend beyond the period for one year.
(2)
The Zoning Enforcement Officer may issue a temporary
permit, for a period not exceeding one year for incidental nonconforming
uses as follows:
(3)
Permits shall be conditioned upon an agreement by
the owner to remove the use upon expiration of the permit.
(4)
Permits may be reissued a maximum of two times for
additional periods of six months each, in any event not to exceed
one year.
Fees may be charged for permits issued, and
processing of applications for amendments, variances, and special
use permits. The fee shall be set by resolution of the Town Board
and may be changed from time to time in the same manner.[1]
[1]
Editor's Note: Current Fee Schedule is on file in the Town
offices.
[Amended 6-24-1985 by L.L. No. 3-1985]
A.
No building or structure shall be constructed, altered,
rebuilt, enlarged or moved or excavation made therefor, or work begun
thereon, until a permit therefor has been issued.
B.
Applications for zoning permits shall be accompanied
by a layout sketch, drawn to scale, showing the shape and dimensions
of the lot to be built upon, the size and location of all buildings
or structures proposed as well as those that shall remain, the intended
use of each building or structure, and any such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this chapter. Applications,
together with a layout sketch, shall be submitted in triplicate. When
the zoning permit is issued or denied, the issuance or denial shall
be noted on the applications in triplicate by the person issuing or
denying said permit and one copy returned to the applicant, one copy
filed with the Town Clerk, and one copy kept with the Zoning Enforcement
Officer's records.
C.
The Zoning Enforcement Officer shall issue a zoning
permit only after the site plan, if required, has been approved by
the Planning Board and all required variances and special use permits
have been obtained, except that no site plan approval shall be required
in the case of individual one- or two-family dwellings.
D.
The Zoning Enforcement Officer shall be notified that
the site is prepared for installation of the foundation of a structure,
and shall inspect the site to check the location of the structure.
E.
If a zoning permit is not obtained by the applicant
within 90 days after final approval, such approval shall be void.
F.
A zoning permit shall be void if construction is not
substantially completed within a period of one year from the date
of said permit. The Zoning Enforcement Officer may issue a six-month
extension of a permit for good cause shown. Two such extensions of
a permit will be allowed.
G.
The zoning permit shall be located in a place readily
visible to the public.
No land shall be used or occupied and no building
hereafter erected, altered, or extended shall be used or changed in
use until a certificate of compliance has been issued by the Zoning
Enforcement Officer in accordance with the provisions of this chapter.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of this
chapter or any amendment hereto, or to fail in any manner to comply
with a notice, directive or order of the Zoning Enforcement Officer,
or to construct, alter, use or occupy any building structure or part
thereof in a manner not permitted by an approved zoning permit or
certificate of compliance.
[Amended 6-24-1985 by L.L. No. 3-1985]
B.
It shall be unlawful for any person to fail to comply
with a written order of the Zoning Enforcement Officer within the
time fixed for compliance therewith.
C.
It shall be unlawful for any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents, or for any other person taking part or assisting in
the construction, repair or use of any building to violate any of
the applicable provisions of this chapter, or any lawful order, notice,
directive, permit or certificates of the Zoning Enforcement Officer
made hereunder.
D.
Any violation of this section and/or this chapter
shall be punishable by a fine of not more than $250 or imprisonment
of not more than 30 days or to both such fine and imprisonment. In
addition, any violation of this section and/or this chapter shall
be subject to a civil penalty of $250 and each and every week such
violation continues shall be deemed a separate and distinct violation.
[Amended 8-12-1991 by L.L. No. 1-1991]
E.
The Zoning Enforcement Officer may institute court
action to enforce the provisions of this chapter by issuance of an
appearance ticket as defined in § 150.10 of the Criminal
Procedure Law of the State of New York directing the person, firm
or corporation allegedly in violation of this chapter to appear in
the Town of Bergen Justice Court in connection with the alleged offense,
or may refer the matter to the Town Board for its action. The appearance
ticket shall be served personally upon the person, firm or corporation
allegedly violating any of the provisions of this chapter on less
than 10 days in advance of the date designated in the appearance ticket
for appearance in the Town of Bergen Justice Court.
[Amended 12-28-1991 by L.L. No. 5-1991]
F.
In addition to the foregoing remedies, the Town of
Bergen may maintain an action for injunction to restrain, correct
or abate any violation of this chapter and/or maintain an action at
law for damages sustained as a result of any violation of this chapter.
Damages may include, but not be limited to, the legal fees and court
costs expended or incurred by the Town as a result of any legal proceedings
brought hereunder.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing, signed, and shall be filed with the Zoning Enforcement
Officer who shall properly record such complaint and immediately investigate
it. Where the Zoning Enforcement Officer finds such violation, he
shall submit the results of his investigation in writing to the proper
Town authorities for appropriate action.
A.
The Town Board may, from time to time, on its own
motion, on petition, or on recommendation of the Planning Board, amend,
supplement or repeal the regulations and provisions of this chapter
after official notice has been given and a public hearing has been
held by the Town Board as required by law.
B.
Each petition requesting a change of zoning regulations
or district boundaries shall be typewritten, signed by the owner and
filed in triplicate, accompanied by the required fee.
C.
Every such proposed amendment shall be referred to
the Planning Board for a report prior to any public hearing.
D.
Prior to adoption by the Town Board, a proposed amendment
may, in the proper case, have to be referred to the County Planning
Board pursuant to law.
