Town of North Salem, NY Chapter 37 Application Processing

[HISTORY: Adopted by the Town Board of the Town of North Salem 2-25-1992 by L.L. No. 1-1992.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law superseded former Ch. 37, Application Processing, adopted 7-18-1987 as L.L. No. 3-1987, as amended 7-9-1991 by L.L. No. 4-1991.

§ 37-1 Purpose.

The purpose of this chapter is to prohibit 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 North Salem for any property owner who has outstanding fees under the Standard Schedule of Fees of the Town of North Salem[1] or where outstanding violations of any local laws or ordinances of the Town of North Salem exist on the property for which the approval is being requested.

[1] Editor's Note: See Ch. 85, Fees.

§ 37-2 Short title.

This chapter shall be known as "Application Processing Restrictive Law of the Town of North Salem."

§ 37-3 Applicability.

This chapter shall apply to the provisions of all the local laws and ordinances adopted by the Town of North Salem for any and all applications submitted on or after the effective date of this chapter.

§ 37-4 Submission of proof; processing and approval.

A. Simultaneously with the filing of an application to any board or official of the Town of North Salem, 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 North Salem[1] and that no outstanding violations of any local law or ordinance of the Town of North Salem 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 use permits.

(d) Excavation and tree removal permits.

(e) Boundary adjustments.

(f) Sign plans.

(3) Applications to the Board of Appeals for:

(a) Special permits.

(b) Extension of expired building permits.

(c) Variances.

(4) Applications to the Building Inspector for:

(a) Building permits.

(b) Sign permits.

(c) Certificates of occupancy.

(d) Certificates of use.

(e) Flood damage prevention permits.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Applications to the Town of North Salem for:

(a) Blasting permits.

(b) Wetlands permits.

(6) Applications to the Landmark and Historic Preservation Commission for:

(a) Certificates of appropriateness.

[1] Editor's Note: See Ch. 85, Fees.

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 North Salem for any property owner who has fees outstanding under the Standard Schedule of Fees of the Town of North Salem or outstanding violations of any local laws or ordinances of the Town of North Salem 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 chapter occurs, processing of the application shall cease upon presentation of proof of the violation by the Zoning Enforcement Officer of the Town of North Salem. Once the applicant submits proof that the violation of this chapter has been corrected, the application process shall be allowed to continue.

D. For purposes of this chapter only, a violation of any local law or ordinance of the Town of North Salem shall be deemed to have occurred when one of the following events occurs: 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 has failed to seek a variance or appeal within 30 days after the issuance of an order to remedy violation; or (3) Upon the issuance of a criminal summons by the Code Enforcement Officer.

§ 37-5 Waivers.

The Town Board, when appropriate, may, upon submission of a written request by a property owner, temporarily waive specific provisions of this chapter where necessary to prevent undue hardship or an inequitable result.