[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Editor's Note: This local law superseded former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.
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.
This chapter shall be known as "Application
Processing Restrictive Law of the Town of North Salem."
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.
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:
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.
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.