[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:
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.
