A.
Permit required.
(1)
No building or structure, including a mobile home, shall be erected
or expanded so as to alter its exterior dimensions or so as to construct
or alter a basement, cellar or foundation; no seasonal use shall be
converted to a year-round use so as to effectively change the character
and extent of such use; and no new, changed or expanded use shall
be introduced or added to until a permit therefor has been issued
by the enforcement officer. The issuance of a permit or other authorization
or approval by the Adirondack Park Agency or any other agencies having
jurisdiction over use of lands and waters in the Town shall be neither
a prerequisite to nor in any way diminish the requirements for a permit
under this chapter.
(2)
Issuance of a permit or any other prior action by the Town Board,
Town Planning Board, and/or Town Board of Appeals favorable to an
application, site plan, or other documents submitted to the Town for
use, construction, development, redevelopment, subdivision, rehabilitation
or expansion of land and buildings shall not be construed to waive,
modify or otherwise affect any rights of county, state or federal
agencies having jurisdiction over general or specific use and development
of land and waters in the Town of Webb, including but not limited
to the Herkimer County Planning Board, Adirondack Park Agency, New
York State Department of Environmental Conservation, New York State
Health Department, United States Environmental Protection Agency,
Federal Aviation Administration, and the Federal Energy Regulatory
Commission.
(3)
While the Town will refer certain land use and development applications
to such agencies prior to any action by the Town and will seek to
advise and assist an applicant as much as possible in any permit or
approval procedures required by such agencies in accordance with this
chapter, for example, in referral of Class A regional projects requiring
review by the Adirondack Park Agency, all property owners and others
subject to this chapter shall have the basic responsibility for determining
and initiating procedures required by all agencies having jurisdiction
and for complying with approval, permit and other requirements of
such agencies, whether or not cited in this chapter.
B.
Application.
(1)
There shall be submitted with all applications for a permit two copies
of a layout or plot plan, drawn to scale, showing the actual dimensions
of the lot to be built upon or used, the exact site and location on
the lot of any existing and proposed buildings or installations and
such other information as may be necessary to determine and provide
for the enforcement of this chapter in accordance with Appendix B.[1] In particular, any application shall note the proposed
method and accommodation of water supply and sewage disposal, and
no permit shall be issued unless the application is in conformity
with and contains adequate provision for assuring compliance with
the Town Sanitary Code.[2]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
The enforcement officer, Planning Board or Board of Appeals is authorized
to require submission of a recent survey of the lot showing property
boundaries and structures as part of the application where the enforcement
officer or Board finds such a survey to be necessary for complete
understanding of the application.
C.
Issuance of permit. The enforcement officer shall issue or refuse
to issue a permit, or advise the applicant of any required additional
information or referral required prior to consideration of a permit,
within 10 days following receipt of the application. Notice of refusal
to issue any permit shall be given to the owner or to his authorized
representative in writing and shall state the reasons for said refusal.
One copy of the layout or plot plan accompanying the application shall
be returned to the applicant when approved by the enforcement officer,
together with the permit, upon the payment of such fee as may be stipulated
by the Town Board.
D.
Duration of validity. A permit issued under this chapter shall be
valid for a period of 12 months from date of issuance and shall thereafter
be deemed null and void, except when application is made to the Board
of Appeals for an extension of validity and the Board authorizes such
extension as it may determine appropriate.[3]
E.
Invalid permit. No permit authorized or granted by any official of
the Town in contradiction to the provisions of this chapter shall
vest any rights or interest to the permit holder, irrespective of
any action taken or obligation incurred in reliance on such permit,
nor shall the Town be liable for same under any such invalidly issued
permit.
A.
No existing land or building used or changed in use and no building
or use hereafter erected or expanded so as to require a permit shall
be used or occupied until a certificate of compliance shall have been
issued by the enforcement officer.
B.
A certificate of compliance shall be issued only if the proposed
use of the building or land conforms to the provisions of this chapter
and to the plot plan, purpose and description for which the permit
was issued. The enforcement officer shall make or cause to have made
an inspection of each building or lot for which a certificate of compliance
is required before issuing such certificate. Such inspection shall
be made within 10 days from the date of notification of project completion.
A.
The Town Board may, on its own motion, on petition or application,
or on recommendation of the Planning Board or Board of Appeals after
public notice and hearing, amend, supplement, repeal or change the
regulations and district boundaries established by this chapter pursuant
to law.
B.
All proposed amendments, supplements or changes originating by petition,
application, or by motion of the Town Board shall be referred to the
Planning Board for a report and recommendation thereon. Except where
another time period may be stipulated elsewhere, the Planning Board
shall submit its report within 30 days after receiving such referral
and after receiving responses on any required referrals to the Adirondack
Park Agency, Herkimer County Planning Board or other agencies. Failure
of the Planning Board to report within the required time shall be
deemed to be approval of the proposed amendment.
C.
Before any amendment, supplement or change in the regulations or
district boundaries, there shall be a public notice and public hearing
thereon as provided by law.
D.
After referral to and report by the Planning Board, and after the
public hearing, a majority vote of the members of the Town Board shall
be required to amend this chapter, except in the instance of a protest
petition.
E.
If a protest petition against a proposed amendment, supplement or
change is presented to the Town Board, duly signed and acknowledged
by legitimate parties at interest as provided for under § 265
of the Town Law, such amendment shall not become effective except
by the favorable vote of at least 3/4 of the members of the Town Board.
A.
In addition to a public hearing required in §§ 480-9 and 480-41, a public hearing shall be required prior to action on any Class B regional project, conditional use, waiver of nonapplicability, interpretation, or variance considered under this chapter. In addition, the Planning Board may hold a public hearing at any time it deems necessary during the consideration of other matters put before it.
B.
The Town Board shall hold any public hearing in consideration of
an amendment to this chapter or a Class B regional project in accordance
with the applicable provisions of law.
C.
The Planning Board shall hold any public hearing in consideration
of a request for a conditional use or waiver of nonapplicability,
and the Board of Appeals shall hold any public hearing in consideration
of a request for an interpretation or variance, in accordance with
the applicable provisions of law.
D.
Public notice of any required public hearing shall be published in
a newspaper of general circulation in the Town at least five days
prior to the date of such hearing and shall specify the date, time,
place and purpose of such hearing.[1]
E.
The hearing shall be conducted in accordance with the guidelines
established by the presiding officer. Any person or party at interest
may appear in person or by agent or attorney and shall be given an
opportunity to be heard as it is relevant to the proceeding.
A.
Referral to County Planning Board.
(1)
Whenever any proposed amendment of this chapter or approval of a
conditional use, waiver of nonapplicability or variance in accordance
with this chapter would change the district classification of or a
regulation applying to real property lying within a distance of 500
feet from any boundary line of a neighboring municipality or within
500 feet of any county or state park, right-of-way, or other property,
said proposed amendment, conditional use, waiver of nonapplicability
or variance shall be referred to the Herkimer County Planning Board,
which Board shall have 30 days after receipt of such referral in which
to report its recommendations to the Town Board, Planning Board, or
Board of Appeals issuing the referral.
(2)
Failure of the County Planning Board to report within 30 days may
be construed to be approval by said Board. If said Board disapproves
the proposal or recommends modification thereof, the Town shall not
act contrary to such disapproval or recommendation except by a vote
of a majority plus one of all members of the applicable Board having
jurisdiction and after adoption of a resolution setting forth the
reasons for such contrary action. The County Planning Board shall
be notified regarding action taken by the Town on any matter previously
referred to the Board within seven days following such action.
B.
Referral to Adirondack Park Agency (Agency). In accordance with the
Adirondack Park Agency Act (Act) and § 582.5 of Agency regulations,
certain proposed land use, development, and subdivision projects and
actions shall be referred to the Agency. For purposes of such referrals,
the Adirondack Park Plan is to be used in determining regional project
jurisdiction.
(1)
Class A regional projects as identified in the Act and in Appendix
C[1] of this chapter shall be referred to the Agency for approval
and issuance of a permit as may be required. The Town will notify
an applicant for such a project of procedures required to make application
to the Agency.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(2)
Class B regional projects as identified in the Act and in Appendix C of this chapter shall be reviewed by the Town in accordance with provisions herein. The Town shall notify the Agency of applications for such projects and of public hearings to be conducted in connection with such applications and shall otherwise provide or request an applicant to provide any additional information requested by the Agency. See Subsection C, Town review of Class B regional projects.
(3)
Certain proposed amendments to this chapter as identified in the
Act shall be referred to the Agency for review and action prior to
Town action.
(4)
Certain applications for variances from this chapter dealing with
land located outside of Agency designated Hamlet areas, as identified
in the Act, shall be referred to the Agency for review and action
prior to Town action. Any granting of a variance by the Town is also
subject to subsequent Agency notification and concurrence. Variances
subject to such Agency review generally deal with local shoreline
restrictions, minimum lot areas or other development intensity controls,
and incompatible uses or other deviations from the Adirondack Park
Plan.
(5)
All referrals and related dealings with the Agency shall be conducted
in compliance with the Act and with Agency rules and regulations,
or as may be otherwise agreed between the Agency and the Town.
C.
Town review of Class B regional projects. The Town shall not approve
a Class B regional project unless the Town Board determines that the
undertaking or continuance of such project will not have an undue
adverse impact upon the natural, scenic, aesthetic, ecological, wildlife,
historic, recreational or open space resources of the Adirondack Park
or upon the ability of the public to provide supporting facilities
and services made necessary by the project, also taking into account
the commercial, industrial, residential, recreational or other public
benefits which might be derived from the project. In making this determination
as to the impact of the project upon the resources of the park, the
Town Board shall consider and apply the following development considerations
as defined in the Adirondack Park Agency rules and regulations, also
taking into account the recommendation of the Town Planning Board:
(1)
Development considerations:
(a)
Natural resource considerations:
[3]
Air quality.
[4]
Noise levels.
[5]
Critical resource areas:
[a]
Rivers and corridors of rivers designated to be
studied as wild, scenic or recreational in accordance with the Environmental
Conservation Law.
[b]
Rare plant communities.
[c]
Habitats of rare and endangered species and key
wildlife habitats.
[d]
Alpine and subalpine life zones.
[e]
Wetlands.
[f]
Elevations of 2,500 feet or more.
[g]
Unique features, including gorges, waterfalls,
and geologic formations.
[6]
Fish and wildlife.
(b)
Historic sites or structures.
A.
Enforcement. These regulations shall be enforced by a person designated
by the Town Board and herein referred to as the "enforcement officer,"
who shall in no case grant any permit or certificate for any building
or use not in compliance with the provisions of this chapter. The
enforcement officer shall make such inspections as are necessary to
carry out his duties.
B.
Notification and correction. Any building or structure erected, constructed,
reconstructed, altered, converted or maintained or any use of land
which in any way does not comply with this chapter shall be so recorded
by the enforcement officer, and official notice to this effect shall
be given to the owner of record thereof. The owner shall initiate
measures to correct such noncompliance within 30 days from the date
of notification. If within the thirty-day period application is not
made to initiate a process for correction, or if, once initiated,
the process for correction is not pursued to the satisfaction of the
Town, the Town may institute proceedings to compel compliance.
C.
Stop-work orders. Whenever the enforcement officer has reasonable
grounds to believe that work on any building or structure or use of
any land or structure is occurring in violation of the provisions
of this chapter, or that such work or use is not in compliance with
the provisions of the application, plans or specifications or permit
for such construction or use, he shall notify the owner of the property,
or the owner's agent, to suspend all work or use on the property.
Such persons shall immediately stop work and suspend activities until
the stop-work order has been rescinded. A stop-work order shall be
in writing and shall state the conditions under which activities may
be resumed. A stop-work order shall be served upon a person to whom
it is directed either by delivering it personally or by posting the
same upon a conspicuous portion of the property where the work or
activity is being performed and sending a copy of the stop-work order
to the owner or owner's agent by registered mail.
D.
Violations and remedies.
(1)
Any violation of this chapter pertaining to the use of land for a
purpose which is otherwise not allowed or is prohibited by the applicable
zoning regulations of the Town of Webb herein or pertaining to a use
of land in a manner which is not allowed by the dimensional or physical
requirements of the applicable zoning regulations of the Town of Webb
herein is hereby declared to be an offense, punishable by a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, 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. Each
period of one week (seven consecutive calendar days) of continued
violation shall constitute a separate additional violation.
(2)
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 other regulation made under authority conferred
thereby, the Town Board, in addition to other remedies, may institute
any appropriate action or proceedings 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; and upon failure or refusal of the Town Board to institute
any such appropriate action or proceeding for a period of 10 days
after written request by a resident taxpayer of the Town so to proceed,
any three 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 action or proceeding in like manner
as the Town Board is authorized to do.
E.
Appeals. All appeals for relief from any interpretation, order, requirement,
decision or determination of the enforcement officer in the application
and enforcement of this chapter, including interpretation of zoning
district boundaries, and for a use variance or area variance shall
be directed to the Board of Appeals as prescribed in Appendix A[1] herein, which is hereby made a part of this chapter.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Fees. A schedule of fees for permits and other procedures under this
chapter shall be as established from time to time by the Town Board.
B.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements adopted for
the promotion of the health, safety, morals and general welfare of
the community. Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the higher standard
shall govern.
C.
Responsibility. Nothing herein provided nor any permit or certificate
issued under this chapter shall be deemed or interpreted to constitute
or imply approval or compliance with any portion of the Adirondack
Park Agency Act or rules and regulations promulgated in accordance
with said Act. Coordination and compliance with any requirements of
the Act shall be the sole responsibility of the applicant and not
the Town.
D.
Effective date; repealer. This chapter, as herein amended, shall
take effect at the time and in the manner provided by law, and any
existing Town ordinance, statutes, resolutions, regulations or laws
in conflict with its provisions shall be deemed repealed upon the
effective date of this chapter, as amended.
E.
Continuation. Nothing herein, however, shall be deemed to exempt
or release any prior or current requirements, stipulations or pending
actions under the Zoning Ordinance in force and effect prior to the
effective date of any amendments of this chapter.
