A.
The Building and Zoning Officer is responsible for enforcing the
Zoning Chapter of the Town Code of Ordinances. As part of the powers
and duties, no building permit or certificate of occupancy shall be
issued by the Building and Zoning Officer, and no permit or license
for any purpose shall be issued by any official of the Town of Williamson,
if the same would be in conflict with the provisions of this chapter
or the provisions of the New York State Uniform Fire Prevention and
Building Code.
B.
The Building and Zoning Officer shall be appointed by the Town Board
in the same manner and with the same powers as now or hereafter practiced
or provided under the New York State Uniform Fire Prevention and Building
Code.
A.
Establishment; organization; voting requirement.
(1)
Establishment. The Planning Board, heretofore created pursuant to
the provisions of the Town Law, is hereby continued as now constituted.
Each member of the Planning Board shall continue to hold office to
the expiration of his/her present term, at which time the Town Board
shall appoint a successor as provided by law or reappoint the member
whose term is expiring.
(2)
Appointment of members. The Town Board shall appoint a Planning Board
consisting of five members and shall designate the Chairperson thereof.
The Planning Board shall also appoint a Vice Chairperson to preside
over the Planning Board when the appointed Chairperson is absent or
decides to abstain or recuse himself/herself on an application before
the Board. The Town Board may provide for compensation to be paid
to experts, clerks and a secretary and provide for such other expenses
as may be necessary and proper, not exceeding the appropriation made
by the Town Board for such purpose. The Town Board may appoint alternates
to fulfill the duties of Planning Board members in the event of absence.
(3)
Term of office. Members of the Planning Board shall be appointed
for five-year terms, with each term to expire at the end of a calendar
year. The Chairperson shall be appointed annually.
(4)
Vacancy in office. Appointments to fill vacancies shall be for the
unexpired term of the member or members whose term or terms become
vacant. Appointments to fill such vacancies shall be made in the same
manner as the original appointment.
(5)
General grant of power. The Planning Board shall perform all the
duties and have all the powers prescribed by the laws of the State
of New York.
(6)
Meetings, minutes and records. Meetings of the Planning Board shall
be open to the public to the extent provided in Article 7 of the Public
Officers Law. 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 proceedings and other official actions.
(7)
Filing requirements. Every rule, regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Planning Board shall be filed in the Town Clerk's office
and or the office of the County Clerk, if applicable, and shall be
a public record.
(8)
Assistance to the Planning Board. The Planning Board shall have the
authority to call upon any department, agency or employee of the Town
for such assistance as shall be deemed necessary and as shall be authorized
by the Town Board.
B.
Powers and duties.
(1)
Jurisdiction of Planning Board. In addition to those other powers
and duties assigned to it by law, the Planning Board is hereby empowered
to perform the following functions:
(a)
Issue special permits for those uses specifically listed as
requiring a special use permit in the district requirements for the
Town of Williamson.
(b)
Review applications for those uses requiring site plan approval
as determined by this chapter or upon recommendation by the Building
and Zoning Officer.
(c)
Review and submit advisory opinions to the Town Board on land
use plans, design standards, Municipal Code changes and any other
decisions by the Town Board that are referred to the Planning Board.
Advisory opinions shall be transmitted within 30 days of the opinion
to the Town Board for consideration.
(2)
Votes necessary for decision. The concurring vote of a majority of
the members of the Planning Board shall be required to act on a matter
before the Board. In the event all members or alternate members constituting
the full Planning Board are not present but a quorum of three eligible
members or alternate members is present, a majority of the quorum
shall be required to act on a matter before the Board.
(3)
County Planning Board referral. At least five days before a hearing,
the Planning Board shall mail a full statement of the proposed action
before the Board to the Wayne County Planning Board, if required by
§ 239-m or 239-n of the General Municipal Law. The Planning
Board shall defer any decision until 30 days after the referral or
receipt of the report of the County Planning Board, whichever is earlier.
(4)
Compliance with SEQRA. The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and regulations promulgated thereunder,
codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.
(5)
Time of decision. The Planning Board shall decide upon a complete
application within 62 days after the public hearing on the application
is closed. The time within which the Planning Board must render its
decision may be extended by mutual consent of the applicant and the
Board.
(6)
Filing of decision and notice. The decision of the Planning Board
on an application shall be filed in the office of the Town Clerk within
five business days after the date such decision is rendered and a
copy thereof mailed to the applicant.
A.
Establishment; organization; voting requirement.
(1)
Establishment. The Board of Appeals, heretofore created pursuant
to the provisions of the Town Law, is hereby continued as now constituted.
Each member of the Board of Appeals shall continue to hold office
to the expiration of his/her present term, at which time the Town
Board shall appoint successors as provided by law.
(2)
Appointment of members. The Town Board shall appoint a Board of Appeals
consisting of five members and shall designate the Chairperson thereof.
In the absence of a Chairperson, the Board of Appeals may designate
a member to serve as Acting Chairperson. The Town Board may provide
for compensation to be paid to experts, clerks and a secretary and
provide for such other expenses as may be necessary and proper, not
exceeding the appropriation made by the Town Board for such purpose.
The Town Board has the option to identify alternates at the request
of the Chair of the Zoning Board of Appeals.
(3)
Term of office. Members of the Board of Appeals shall be appointed
for five-year terms, with each term to expire at the end of a calendar
year. The Chairperson shall be appointed annually.
(4)
Vacancy in office. Appointments to fill vacancies shall be for the
unexpired term of the member or members whose term or terms become
vacant. Appointments to fill such vacancies shall be made in the same
manner as the original appointment.
(5)
General grant of power. The Board of Appeals shall perform all the
duties and have all the powers prescribed by the laws of the State
of New York.
(6)
Meetings, minutes and records. Meetings of the Board of Appeals shall
be open to the public to the extent provided in Article 7 of the Public
Officers Law. The 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 proceedings and other official actions.
(7)
Filing requirements. Every rule, regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board of Appeals shall be filed in the Town Clerk's office
and shall be a public record.
(8)
Assistance to Board of Appeals. The Board of Appeals shall have the
authority to call upon any department, agency or employee of the Town
for such assistance as shall be deemed necessary and as shall be authorized
by the Town Board.
B.
Powers and duties.
(1)
Jurisdiction of Board of Appeals. Except as otherwise provided in
this chapter, the jurisdiction of the Board of Appeals shall be appellate
only and shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation or determination
made by the Building and Zoning Officer.
(2)
Votes necessary for decision. The concurring vote of a majority of
the members of the Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of the Building
and Zoning Officer or, except as otherwise required by § 239-m
of the General Municipal Law, to grant a use or area variance.
C.
Permitted action by Board of Appeals.
(1)
Interpretations, requirements, decisions and determinations. The
Board of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the Building and Zoning Officer and, to that end, shall
have all the powers of the Building and Zoning Officer from whose
order, requirement or decision the appeal is taken.
(2)
Use variance.
(a)
The Board of Appeals, on appeal from the decision or determination
of the Building and Zoning Officer, shall have the power to grant
use variances, authorizing a use that otherwise would not be allowed
or would be prohibited by the terms of this chapter. No such use variance
shall be granted by the Board of Appeals without a showing by the
applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove such unnecessary hardship,
the applicant shall demonstrate to the Board of Appeals that:
[1]
Under the applicable zoning regulations, the applicant cannot
realize a reasonable return, provided that lack of return is substantial
as demonstrated by competent financial evidence.
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood.
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(b)
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and, at
the same time, preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Board of Appeals shall have the power, upon an appeal from
a decision or determination of law, to grant area variances from the
area or dimensional requirements of this chapter. In making its determination,
the 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 whether:
[1]
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]
The benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
[5]
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.
(b)
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and, at the same time, preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
D.
Imposition of conditions. The Board of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of the zoning ordinance or local
law and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
A.
Issuance of building permit and certificate. All persons desiring
to undertake any new construction, structural alteration or changes
in the use of a building or lot shall apply to the Building and Zoning
Officer for a building permit by filling out the appropriate application
form and by submitting the required fee. The Building and Zoning Officer
will then approve the application, submit the application to the Planning
Board for site plan review, or deny the building permit.
(1)
General requirements. No building or structure shall be erected,
added to or structurally altered until a permit therefor has been
issued by the Building and Zoning Officer. Except upon a written order
of the Zoning Board of Appeals, no such building permit or certificate
of occupancy shall be issued for any building where said construction,
addition or alteration or use thereof would be in violation of any
of the provisions of this chapter.
(2)
Information necessary for application. There shall be submitted with
all applications for building permits two copies of a layout or plot
plan, drawn to scale, showing the actual dimensions of the lot to
be built upon, the exact size and location on the lot of the building
and accessory buildings to be erected and such other information as
may be necessary to determine and provide for the enforcement of this
chapter.
(3)
Public record. One copy of such layout or plot plan shall be returned
to the applicant, together with such permit, when approved by the
Building and Zoning Officer, upon the payment of a fee as indicated
in this article. The second copy, with a copy of each application
with accompanying plan, shall become a public record after a permit
is issued or denied.
(4)
Under the terms of this chapter, the following classes of building
permits may be issued:
(a)
Permitted use. A building permit for a permitted use shall be
issued upon the authority of the Building and Zoning Officer when
site plan review is not required by the Planning Board or a variance
is not required for approval by the Zoning Board of Appeals. In some
instances, the Building and Zoning Officer may determine that an application
for a permitted use shall be referred to the Planning Board for site
plan review prior to issuance of a building permit.
(b)
Special uses. A building permit for a special use shall be issued
by the Building and Zoning Officer after review and approval by the
Planning Board following the public hearing.
(c)
Building permit after an appeal or a request for a variance.
A building permit may be issued by the Building and Zoning Officer
upon the order of the Zoning Board of Appeals and after a public hearing
held by the Zoning Board of Appeals for the purpose of deciding upon
the appeal or a request for a variance.
(5)
All building permits shall be issued in duplicate, and one copy shall
be kept conspicuously on the premises affected and protected from
the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall such persons
perform building operations of any kind after notification of the
revocation of said building permit.
B.
Denial of building permits. When the Building and Zoning Officer
finds that the applicant's proposed development will not meet
the requirements of this chapter, the Building and Zoning Officer
shall refuse to issue a building permit, and the applicant may appeal
the Building and Zoning Officer's decision to the Zoning Board
of Appeals.
C.
Expiration of building permit.
(1)
Building permits shall become null and void unless construction has
been started within six months of the date of issuance, except that
construction shall be completed within 15 months from the date of
issuance. When the time of starting construction or the time for the
completion of construction exceeds the above periods, application
may be made for a new permit, which shall be issued upon payment of
a defined fee and which shall be valid for a period of six months
from the date of issuance.
(2)
Building Code rule. A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of six months after
the date of issuance. For good cause, the Building and Zoning Officer
may allow a minimum of two extensions for periods not exceeding three
months each.
D.
Fees to cover the processing of applications for building permits,
certificates of occupancy, variances and special permits shall be
payable to the Town of Williamson according to a schedule of fees
as adopted by the Town Board.
E.
Issuance of certificates of occupancy. After the building permit
has been received by the applicant, he may proceed to undertake the
action permitted in the building permit and, upon completion of such
action, shall apply to the Building and Zoning Officer for a certificate
of occupancy. If the Building and Zoning Officer finds that the action
of the applicant has been taken in accordance with the building permit,
he will then issue a certificate of occupancy allowing the premises
to be occupied.
(1)
General. No land shall be occupied or used and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the Building
and Zoning Officer, stating that the building or proposed use thereof
complies with the provisions of this chapter. Said certificate shall
be issued within 10 days after the erection or alteration shall have
been approved by complying with the provisions of this chapter.
(2)
Record. The Building and Zoning Officer shall maintain a record of
all certificates, and copies shall be furnished upon request to any
person having a proprietary interest in the building affected.
A.
Purpose. The purpose of this process is permit additional review
of applications that have been identified as special permit uses within
any given district to ensure they promote the well-being of the Town
of Williamson and are consistent with the intent of the Zoning Chapter.
B.
Application process. In preparing for this special use permit application,
the applicant should address the topics noted below:
(1)
Safe and convenient vehicular and pedestrian access and circulation.
(2)
Proper location placement of all buildings, facilities and landscaping
to provide for future growth and development as well as harmony and
compatibility with surrounding uses.
(3)
The elimination and proper treatment of possible hazards and nuisances
within the site and to surrounding uses.
(4)
The elimination of any aesthetic elements which may depress property
values in the area and have a blighting influence in the Town.
(5)
Proper consideration of historic buildings or elements and notable
landmarks on or in the vicinity of the site in the design and placement
of buildings and facilities.
(6)
Conservation and improvement of the natural landscape; conservation
of trees and other natural features where feasible and desirable;
and proper grading and filling where needed.
(7)
Drainage.
C.
Review body. The Building and Zoning Officer shall refer all applications
for a special use permit to the Planning Board for site plan review
and approval and shall not issue the permit until notified by the
Planning Board that such approval has been granted. Any conditions
placed on such approval by the Planning Board shall be incorporated
into the special use permit.
D.
Application requirements. The application for a special use permit,
in order to be complete, must contain or address the following:
(1)
A map, prepared by a licensed engineer, landscape architect, surveyor
or architect, drawn to scale and accurately dimensioned. The map,
or set of maps, shall show the following:
(a)
Location of all property lines;
(b)
Easements;
(c)
Location and use of existing structures on the lot;
(d)
Location and use of existing structures on all lots neighboring
the project site or across a public or private street or utility right-of-way
from the project site;
(e)
Location of streams, watercourses, delineated wetlands, ponds,
lakes, marshes or wooded areas on the project site that should be
preserved to the extent practicable;
(f)
Topography;
(g)
Public, private and/or paper streets;
(h)
Public utilities;
(i)
Proposed buildings and site modifications, including parking
and loading areas;
(j)
Vehicular and pedestrian circulation;
(k)
Stormwater treatment and retention areas; and
(l)
Proposed grading, lighting, screening and landscaping.
(2)
Documents to aid the Planning Board in its requisite duties under
the New York State Environmental Quality Review Act, including but
not limited to Part I of a short environmental assessment form, Part
I of a full environmental assessment form or a draft environmental
impact statement, as well as documentation supporting any and all
assertions made in the application.
(3)
Any other information deemed necessary by the Planning Board in its
review of the site plan.
E.
Concept review.
(1)
The applicant for a special use permit shall work with the Building
and Zoning Officer to prepare the information and documents that will
enable the Planning Board to meet with the applicant and review the
proposed project and to determine the appropriate path forward. The
final site plan will not be submitted to the Planning Board prior
to or at this meeting. The applicant will provide, prior to the meeting,
at least an existing conditions map of the project site and a general
concept site plan describing the proposed land use and the building
construction required by the project. The Building and Zoning Officer
shall provide such advice on relevant information and supporting documents
that will enable the Planning Board to make an initial determination
of the likely issues and will also facilitate a prompt outcome of
the site plan review.
(2)
If a final review is required, the Planning Board shall advise the
applicant of the number of copies of the final site plan that must
be submitted with the application for the special use permit.
F.
Final review. The applicant shall submit the application for a special
use permit accompanied by the required number of copies of the final
site plan to the Building and Zoning Officer. The Building and Zoning
Officer shall review the submission to determine if, in the opinion
of the Building and Zoning Officer, the application meets the requirements
of this article and any other applicable laws and regulations. If
the application does not do so, the Building and Zoning Officer shall
notify the applicant in writing, with details as to what is incomplete.
Once the application is found to be complete, the Building and Zoning
Officer shall refer the application to the Planning Board, certifying
that it appears to be complete. The Chair of the Planning Board shall
then initiate the process by which the Planning Board completes its
site plan review.
G.
If the Planning Board sets out conditions or requirements as part
of its approval of the issuance of a special use permit following
the site plan review, the Planning Board shall set a time period within
which the conditions or requirements must be satisfied and the manner
in which such satisfaction must be established, e.g., whether the
applicant must provide evidence of such satisfaction to the Planning
Board or to the Building and Zoning Officer.
H.
Once the site plan review is satisfactory to the Planning Board and
the Planning Board unconditionally approves the issuance of a special
use permit, the permit shall be valid for a period of one year from
the date of approval of the issuance of the permit. Upon application,
the Planning Board may extend the validity period for a year at a
time, but for no more than two years.
I.
The Planning Board shall notify the Building and Zoning Officer promptly
of its final approval or disapproval of the issuance of a special
use permit, and the Building and Zoning Officer shall be responsible
for notifying the applicant promptly of the outcome. Thereafter, in
the case of a successful application, the applicant shall be responsible
for requesting the issuance of the special use permit within the validity
period.
J.
If the applicant wishes to amend the final site plan after the issuance
of the approval or of the special use permit, the amendment must be
resubmitted to the Planning Board with appropriate supporting and
explanatory material for another site plan review, which in turn must
be approved and the special use permit amended accordingly.
K.
No certificate of occupancy shall be issued in any case where the
building or use which has been the subject of an application for a
special use permit is not in conformity with the final site plan.
L.
Nothing in this article is intended to limit the Building and Zoning
Officer from referring any application for any permit to the Planning
Board for advice or direction.
A.
The following procedures apply to all applicants seeking the appeal
of any ruling of the Building and Zoning Officer or by an officer,
board or bureau of the Town of Williamson affected thereby.
(1)
Time for appeal. Such an appeal shall be taken within 60 days after
the filing of any order, requirement, decision, interpretation or
determination of the Building and Zoning Officer by filing with the
Building and Zoning Officer a notice of appeal, specifying the grounds
thereof and the relief sought.
(2)
Contents of appeal. All appeals made to the Board of Appeals shall
be in writing on forms supplied by the Building and Zoning Officer.
Every appeal shall refer to the specific provision of this chapter
and shall exactly set forth the interpretation that is claimed, the
plans for a special use or the details of the variance that is applied
for, in addition to the following information:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the district lot to be
affected by such proposed variance or appeal.
(c)
A brief description and location of the district lot to be affected
by such proposed variance or appeal.
(d)
A statement of the present zoning classification of the district
lot in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under the application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
(3)
Procedure for Building and Zoning Officer. Upon receipt of an appeal
complying with the provisions of this section, the Building and Zoning
Officer shall transmit to the Board of Appeals all papers constituting
the record upon which the action appealed from was taken. All fees
due from the appealing party shall be paid prior to such transmittal.
(4)
Stay upon appeal. An appeal shall not stay proceedings in furtherance
of the action appealed from, unless either the Building and Zoning
Officer or the Board of Appeals, after the notice of appeal shall
have been filed with the Building and Zoning Officer, in writing,
issues such stay. This provision supersedes that otherwise applicable
under § 267-a, Subsection 6, of the Town Law.
B.
Procedure for Board of Appeals.
(1)
Hearing of appeals. The Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice thereof by the publication in a paper of general circulation
in the Town of a notice of such hearing, at least five days prior
to the date thereof. In case of an appeal alleging error or misinterpretation
in any order or other action by the Building and Zoning Officer, the
following persons shall be notified: the applicant and the person
or persons, if any, who benefit from the order, requirement, regulation
or determination.
(2)
Town Planning Board referral. The Board of Appeals may refer to the
Town Planning Board any appeal, including variance applications, and
any other pertinent matters for review and recommendations. The Board
of Appeals shall transmit to the Planning Board a copy of the notice
of appeal and all papers constituting the record upon which the action
appealed from was taken.
(3)
County Planning Board referral. At least five days before a hearing,
the Board of Appeals shall mail notice of the appeal to the Wayne
County Planning Board, if required by § 239-m of the General
Municipal Law, which notice shall be accompanied by a full statement
of the matter under consideration, as set out in § 239-m,
Subdivision 1, of the General Municipal Law. The Board of Appeals
shall defer any decision until 30 days after the referral or receipt
of the report of the County Planning Board, whichever is earlier.
(4)
Compliance with SEQRA. The Board of Appeals shall comply with the
provisions of the State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and regulations promulgated
thereunder, codified in Title 6, Part 617, of the New York Codes,
Rules and Regulations.
(5)
Time of decision. The Board of Appeals shall decide upon the appeal
within 62 days after the conduct of the hearing. The time within which
the Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board.
(6)
Filing of decision and notice. The decision of the Board of Appeals
on the appeal shall be filed in the office of the Town Clerk within
five business days after the date such decision is rendered and a
copy thereof mailed to the applicant.
(7)
Expiration of appeal decision. Unless otherwise specified by the
Board of Appeals, a decision on any appeal for a variance or special
use permit shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorized permit
within six months from the date of authorization.
A.
Complaints of violations. Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and signed and shall be filed with the Building
Department, which shall properly record such complaint and immediately
investigate and proceed with appropriate action in accordance with
this chapter.
B.
Procedure for abatement of violation. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained, or any building, structure or land is used, in violation
of this chapter or of any ordinance or regulation made under authority
conferred hereby, the Town Board or, with its approval, the Building
and Zoning Officer or other proper official, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, 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.
C.
In addition to and not in limitation of any power otherwise granted by law, the Building and Zoning Officer and his duly authorized deputy shall have the power to issue and serve appearance tickets with respect to violations of this chapter and violations of Chapter 152 of the Town Code. An appearance ticket shall be served on the owner or one of the owner's executors, legal representatives or agents or any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.
A.
Any violation of this chapter is an offense punishable by a fine
as identified in the Town of Williamson Penalty Schedule, available
in the Town Clerk's office, and/or imprisonment for not more
than six months.
B.
Violations of this chapter shall be deemed misdemeanors.
C.
Each week the violation persists shall be deemed to be a distinct
and separate offense under this chapter.
A.
Application fees for permits, including but not limited to building
permits, certificates of occupancy, special use permits, area variances,
use variances, signs, rezoning of land, subdivision of land, lot line
adjustments, and public sale of personal property, shall be set by
the Town Board each year.
B.
Escrow for professional review services: The Town Board, Planning
Board and Board of Appeals may require the use of professional consultants
to aid in the review of certain applications and environmental review
materials before each board. In these instances, the applicant shall
be responsible for reasonable fees, disbursements and/or costs, in
addition to filing and application fees listed above, incurred by
the professional consultants retained by the Town of Williamson. The
applicant shall establish an escrow account with the Town of Williamson
to fund the review of his/her application by professional consultants
hired by the Town.
A.
Authority of Town Board. The Town Board may, from time to time on
its own motion or on petition or on recommendation of the Planning
Board or Zoning Board of Appeals, amend, supplement or repeal the
regulations and provisions of this chapter, after public notice and
hearings as provided by the Consolidated Laws of New York State.
B.
Review by Planning Board. Every such proposed amendment or change,
whether initiated by the Town Board or by petition, shall be referred
to the Planning Board for report thereon before the public hearing
hereinafter provided for. If the Planning Board shall fail to submit
such report within 45 days, it shall be deemed that the Planning Board
has approved the proposed amendment or change.
C.
Referral to County Planning Board. In cases where referral to the
County Planning Board is required under the provisions of Article
12-B, §§ 239-l and 239-m, of the General Municipal
Law, such referrals shall be made.
D.
Notice of public hearing. Notice of public hearing shall be given
in accordance with provisions of the Town Law of the State of New
York pertaining to zoning.
