The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Code Enforcement Officer (CEO),
who shall have such powers as are conferred upon him by this chapter.
The CEO shall be appointed by the Town Board and shall carry out any
directives from the Board relative to the duties of the position set
forth below. The CEO shall receive such compensation as the Town Board
shall determine. Any duly authorized assistant or deputy to the CEO
shall have the same duties and powers as the CEO.
A.
It shall be the duty of the CEO or any duly authorized assistants
to cause any plans, buildings or premises to be examined or inspected
to determine that they are not in violation of the provisions of this
chapter. In the fulfillment of their duties, the CEO or any authorized
assistants may enter any premises or building during reasonable hours
in the course of their duties in accordance with state law after due
written notice has been given.
B.
If the CEO shall find that any of the provisions of this chapter
are being violated, the officer shall notify, in writing, the person
responsible for such violations, indicating the nature of the violation
and ordering the action to correct it. In an effort to attain compliance,
the CEO shall have the authority to order discontinuance of illegal
uses of land, buildings or structures; removal of illegal buildings
or structures or illegal additions, alterations or structural changes;
stop-work; or discontinuance of any illegal work being done. On the
serving of notice by the CEO to the owner of any property violating
any of the provisions of this chapter, the certificate of occupancy
or certificate of compliance, as appropriate, for such building or
use shall be held null and void. New certificates of occupancy and/or
compliance shall be required for any further use of such building
or premises.
C.
It shall be the duty of the CEO to issue permits and certificates
to applicants who fully comply with the provisions of this chapter.
D.
The CEO shall maintain a permanent and current record of all applications
for permits and certificates, the CEO's action upon the same, any
conditions relating thereto and any other matters considered and action
taken by the CEO. Such records shall form a part of the records of
the CEO's office and shall be available for use by Town officials
and for inspection by the public. The records to be maintained shall
include the following:
(1)
Application file. An individual permanent file for each application
for a permit or certificate provided for by this chapter shall be
established at the time the application is made. Said file shall contain
one copy of the application and all supporting documents and plans;
notations regarding pertinent dates and fees and the like; as appropriate,
one copy of any resolutions or actions of the Town Board, Planning
Board or Zoning Board of Appeals in acting on the application; and
the date the permit or certificate applied for was issued or denied.
E.
Whenever the CEO denies a permit or certificate, the CEO shall, in
writing, inform the applicant of the specific reasons for denial and
instruct the applicant on the proper methods to apply for relief.
F.
Upon written direction from the Planning Board, the CEO shall issue
special use permits.
G.
Upon written approval of a variance by the Zoning Board of Appeals,
the CEO shall be empowered to issue the necessary permits with the
specific conditions to be imposed.
H.
The CEO shall be authorized and empowered to issue appearance tickets
pursuant to § 150.20 of the New York State Criminal Procedure
Law.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A building permit shall be a prerequisite for the
erection or alteration of a building, structure or use thereof or
for the change in the use of any land area or existing building. Permits
issued pursuant to this section shall expire in 12 months. The CEO
may grant an extension for time of completion and include any conditions
or requirements deemed necessary or desirable. Applicants shall justify
the need for the proposed extension. Unless such an extension is requested
and approved, further work as described in the canceled permit shall
not proceed until a new permit has been obtained. If a project is
not initiated within six months of the issuance of the permit, the
permit issued shall be considered null and void.
A.
Building permits.
(1)
The CEO is hereby empowered to issue a building permit for any
plans regarding the construction, alteration or demolition of any
building or part of any building; or the change in the use of any
land area or part thereof; or for the change in use of any existing
building, where the CEO determines that such plans are not in violation
of the provisions of this chapter.
(2)
No building or structure shall be erected, moved, added to or
structurally altered or changed in use without a building permit issued
by the CEO. No permit shall be issued by the CEO except in conformity
with the provisions of this chapter, unless the CEO receives a written
order from the Zoning Board of Appeals in the form of an administrative
review or variance as provided by this chapter.
B.
Temporary dwelling permit. The CEO is hereby empowered to issue temporary
dwelling permits as specified herein:
(1)
A temporary dwelling permit may be approved to enable the placement
of a manufactured home dwelling unit on a lot; provided, further,
that:
(a)
The applicant first obtains a building permit to erect a dwelling
unit on said lot in accordance with Town regulations.
(b)
The applicant identifies the interim water supply and sewage
disposal for the manufactured dwelling unit.
(c)
The applicant agrees to remove said manufactured dwelling unit
and any interim water supply and sewage disposal no later than one
year from the first issuance of the temporary use permit.
(2)
A temporary use permit for the placement of a manufactured home
dwelling unit may be issued only for one year and may be renewed for
one additional year; provided, further, that construction on the dwelling
unit on said lot is at least 50% completed to the satisfaction of
the CEO at the time of permit renewal.
C.
Certificate of compliance.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance shall have
been issued therefor by the CEO stating that the proposed use of the
building or land conforms to the requirements of this chapter.
D.
The CEO shall inspect the premises of a use authorized and approved
with a special use permit not less than one time each calendar year.
The inspection shall determine that the use is being operated consistent
with the terms and conditions established by the permit. If the CEO
determines that the conditions are not in compliance with the permit,
the CEO shall nullify the special use permit and set forth the procedures
and requirements for reestablishing the use. The use may not be operated
until a new application is submitted and approved.
A.
Building permits. No building or structure shall be commenced, nor
shall any building or structure be extended or structurally altered,
nor shall any use of a building or land be changed, except pursuant
to a building permit issued by the CEO. The CEO shall in no case,
except under a written order of the Zoning Board of Appeals, issue
any permit for any building or structure or use where the proposed
construction, alteration or use thereof would be in violation of any
provision of this chapter.
(1)
All applications for building permits shall be made in duplicate
to the CEO, on forms supplied by the Town.
(2)
One copy of the application and supporting documents shall be
returned to the applicant by the CEO after he shall have marked such
copy either as approved or disapproved and attested to the same by
his signature on such copy. The original and all remaining copies
of the application, similarly marked, shall be retained by the CEO.
(3)
Where the proposed use is for the expansion or structural alteration of an existing single-family dwelling or an accessory use or structure in an agricultural or residential district, the CEO shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for. When the application is for any other permitted use or special permitted use in any zone, the CEO shall refer copies of such plans, drawings and statements to the Planning Board for site plan approval in accordance with Article VIII of this chapter.
(4)
All applications referred to the Planning Board shall be reviewed
to determine that the proposed site development plan is consistent
with the goals and objectives of the Comprehensive Plan; that the
proposed improvements are sufficient to adequately serve the proposed
use; that adjacent properties are protected from potential negative
impacts; that potential adverse environmental impacts are identified;
and that appropriate mitigation measures have been proposed.
(5)
The CEO shall, within 30 days after receipt of a complete application,
either approve or disapprove of the proposed development or construction.
In the event of disapproval, the reasons shall be stated clearly by
the CEO, in writing. The CEO shall deny a building permit for the
proposed construction until such conditions as the disapproval is
based upon have been corrected or written order of the Zoning Board
of Appeals is obtained.
B.
Certificates of compliance.
(1)
Within seven days after the completion of the change in use
of a building or parcel of land, the applicant shall so notify the
CEO that such action has been completed. The CEO shall conduct a final
inspection of the premises to determine whether the new use complies
with the requirements of this chapter. If the CEO determines that
said building or use complies with the provisions herein, he shall
issue a certificate of compliance. If it is determined that the provisions
specified herein are not fully complied with, the CEO shall specify
the violations and the terms and conditions for remedying these violations.
A certificate of compliance shall not be issued until such violations
are corrected.
(2)
No nonconforming building or use shall be maintained, renewed,
changed or extended without a certificate of compliance having first
been issued by the Code Enforcement Officer. The certificate of compliance
shall state specifically wherein the nonconforming use differs from
the provisions of this chapter.
C.
Special and temporary use permits.
(1)
All applications for special and temporary use permits shall
be made to the Planning Board Clerk on forms prescribed by the Town.
(2)
The Planning Board Clerk, after determining that an application
is in proper form, shall transmit copies of the application and all
supporting documents to the issuing board.
(3)
The Planning Board Clerk shall transmit a copy of the complete
application and supporting documents to the Monroe County Department
of Planning and Development and to the Clerk of any adjacent municipality
for review when required.
[Amended 10-15-2018 by L.L. No. 3-2018]
(4)
The application for a special permit use shall include a site development plan of the subject parcel drawn to scale which includes all of the data specified in Article VIII of this chapter.
(5)
The issuing board must hold a public hearing within 62 days
following the receipt of a complete application. Within 62 days from
the date of such public hearing, the board shall, by resolution, either
approve or disapprove the application so heard. The sixty-two-day
period available to make a determination may be extended by mutual
agreement of the applicant and the board.
[Amended 10-15-2018 by L.L. No. 3-2018]
(6)
In approving an application, the issuing board may impose any
modifications or conditions (including time limits) it deems necessary.
(7)
If an application is approved, the CEO shall be furnished with
a copy of the approving resolution.
(8)
If any application is disapproved, a copy of such resolution
shall be transmitted to the CEO. The resolution of denial shall be
provided to the applicant after filing with the Town Clerk.
Each application for a site development or a special use permit
shall be made in quadruplicate and accompanied by a site plan. The
materials to be submitted with each application shall clearly show
the conditions on the site at the time of the application, the features
of the site which are to be incorporated into the proposed use or
building and the appearance and function of the proposed use or building.
The application shall include the following information and plans
for both "before" and "after" conditions:
A.
The location, design, dimensions, use and height of each proposed
building and yard area.
B.
Property boundaries, as shown on an accurate map drawn to scale,
including the precise location of the center line of the road, dimensions,
North arrow and date.
C.
A general location map showing the location of the property in relation
to adjacent parcels.
D.
The location and arrangement of vehicular accessways, and the location,
size and capacity of all areas to be used for off-street parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials of all proposed
signs.
J.
The location and capacity of all areas to be used for loading and
unloading, and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
L.
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping.
M.
The location of fire and other emergency zones.
N.
The location of any easements or rights-of-way.
O.
Other elements integral to the proposed development as considered
necessary by the CEO or the Planning Board, including a property survey,
any and all requirements to comply with the SEQRA regulations, other
community impacts and the identification of any state or county permits
required for the execution of the project.
P.
The location of any EPOD on the site.
