The Code Enforcement Officer shall have authority to issue certificates
of zoning compliance for erection or placement of a fence upon any
property in the Town.
The certificate of zoning compliance provides a procedure for
reviewing plans for compliance with this chapter and a means for evidencing
such compliance. Further, it serves as an adjunct to, and thus must
be filed prior to or with, all applications filed pursuant to this
chapter with respect to the erection or placement of a fence.
Any certificate of zoning compliance issued in conflict with
the provisions of this chapter shall be null and void.
A.
Application. Applications for certificates of zoning compliance shall
be submitted in a form and in such numbers as required by the Code
Enforcement Officer. A nonrefundable fee, as may be established from
time to time by the Town Board to help defray administrative costs,
shall accompany each application. Applications shall be in such form
and contain such information and documentation as shall be prescribed
from time to time by the Code Enforcement Officer, but shall in all
instances contain at least the following information or documentation
unless any such information or document is expressly waived by the
Code Enforcement Officer as not relevant or necessary to determine
that all provisions of this chapter have been met in a particular
case:
(1)
The owner's name and address and the owner's signed consent
to the filing of this application;
(2)
A description of the land on which the proposed work is to be done
by legal description, street address or similar description that will
readily identify and definitely locate the proposed fence;
(3)
A description of the type and height of the proposed fence;
(4)
The proposed location of the fence upon a property; and
(5)
Such other and further information and documentation as the Code
Enforcement Officer may deem necessary or appropriate to a full and
proper consideration and disposition of the particular application.
B.
Surveys. It is strongly recommended but not mandated that, prior
to the placement of a fence, the owner obtain a certified survey of
the property in order to ensure that the fence will be located entirely
within the owner's property boundaries and does not violate any
land restrictions recorded against the property's deed of record.
C.
Action by Code Enforcement Officer. Within a reasonable amount of
time, the Code Enforcement Officer shall cause the application and
related submissions to be reviewed for compliance with this chapter
and shall inform the owner whether the application has been approved
or denied.
(2)
Issuance of certificate. In any case where an application is approved,
the Code Enforcement Officer shall issue a certificate of zoning compliance.
Issuance of a certificate of zoning compliance will ensure that all
provisions of this chapter are met.
(3)
Denial. In any case where an application is denied, the Code Enforcement
Officer shall state the specific reasons for denial and shall cite
the specific provisions of this chapter upon which such denial is
based. The Code Enforcement Officer shall also inform the owner of
his or her appeal rights as prescribed in this chapter.
(4)
Conditions imposed upon certificates. The Code Enforcement Officer
may include in a certificate of zoning compliance such terms and conditions
as he or she deems necessary or appropriate to ensure safety or to
further the purposes and intent of this chapter.
If the Code Enforcement Officer determines that a certificate
of zoning compliance was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Code Enforcement Officer within
such period of time as shall be specified by the Code Enforcement
Officer, the Code Enforcement Officer shall revoke or suspend such
certificate.
