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Town of Pawling, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pawling as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-2018 by L.L. No. 2-2018]
The purpose of this article is to prohibit the processing and approval of any and all applications by any board or official of the Town of Pawling for any property owner who has outstanding fees under the Standard Schedule of Fees of the Town of Pawling or where outstanding violations of any local laws or ordinances of the Town of Pawling exist on the property for which the approval is being requested.
This article shall be known as the "Application Processing Restrictive Law of the Town of Pawling."
This article shall apply to the provisions of all the local laws and ordinances adopted by the Town of Pawling for any and all applications submitted on or after the effective date of this article.
A. 
Simultaneously with the filing of an application to any board or official of the Town of Pawling, including, but not limited to, those listed below, an applicant must submit proof, using the affidavit attached hereto, that no fees are due under the Standard Schedule of Fees of the Town of Pawling and that no outstanding violations of any local law or ordinance of the Town of Pawling exist on the property:
(1) 
Applications to the Town Board for:
(a) 
Petitions to amend the Zoning Ordinance.
(b) 
Special permits.
(c) 
Planned unit developments.
(2) 
Applications to the Planning Board for:
(a) 
Subdivision approvals.
(b) 
Site plan approvals.
(c) 
Conditional/special use permits.
(d) 
Boundary adjustments.
(e) 
Signage approvals.
(f) 
Environmental permits.
(3) 
Applications to the Board of Appeals for:
(a) 
Variances.
(b) 
Appeals/interpretations.
(4) 
Applications to the Building Inspector for:
(a) 
Building permits.
(b) 
Extension of expired building permits.
(c) 
Certificates of occupancy.
(d) 
Flood damage prevention permits.
(e) 
Environmental permits.
(f) 
Blasting permits.
B. 
The processing and approval of any and all applications for approval and issuance of any permit or certificate of occupancy or use by any board or official of the Town of Pawling for any property owner who has fees outstanding under the Standard Schedule of Fees of the Town of Pawling or outstanding violations of any local laws or ordinances of the Town of Pawling on the property for which the approval is being requested is hereby prohibited.
C. 
In the event that an application is in process before any of the boards or officials as listed above and a violation of this article occurs, processing of the application shall cease upon presentation of proof of the violation by the Zoning Enforcement Officer of the Town of Pawling. Once the applicant submits proof that the violation of this article has been corrected, the application process shall be allowed to continue.
D. 
For purposes of this article only, a violation of any local law or ordinance of the Town of Pawling shall be deemed to have occurred when one of the following events occurs:
(1) 
When a property owner has exhausted his or her administrative remedies to cure a specific violation or has waived his or her right to do so;
(2) 
When a property owner has failed to seek a variance or appeal within 30 days after the issuance of an order to remedy a violation; or
(3) 
Upon the issuance of a criminal summons by the Code Enforcement Officer.
The Town Board, when appropriate, may, upon submission of a written request by a property owner, temporarily waive specific provisions of this article where necessary to prevent undue hardship or an inequitable result.