[Amended 10-5-2004]
The Zoning Administrator and/or Code Enforcement
Officer shall have the power and duty to administer and enforce the
provisions of this chapter. The Zoning Administrator and/or Code Enforcement
Officer shall be appointed and may be removed at the pleasure of the
Town Board. An appeal from an action, omission, decision or rule by
the Zoning Administrator regarding a requirement of the Code shall
be made to the Zoning Board of Appeals. An appeal and hearing from
a stop-work order issued by the Code Enforcement Officer shall be
made to the Planning Board or the Zoning Board of Appeals depending
upon the nature of the project and the specifics of the stop-work
order. All enforcement powers specifically authorized to the Zoning
Administrator by any chapter, article or section of this Code shall,
without limitation, also be authorized to the Code Enforcement Officer
and agents or designees of that individual with the full force and
effect as if made by the Zoning Administrator as herein specified.
The original or a certified copy of all decisions,
approvals, rulings and findings of any Board under this chapter, and
of all permits and certificates issued under this article, shall be
promptly furnished by the Zoning Administrator to the Town Clerk and
retained as a permanent Town public record.
[Amended 4-6-2004]
An action, omission, decision or ruling of the
Planning Board or Zoning Board of Appeals pursuant to this chapter
may be reviewed at the instance of any aggrieved person in accordance
with Article 78 of the Civil Practice Law and Rules, but application
for such review must be made no later than 30 days from the effective
date of the decision or ruling, or the date when the action or omission
occurred, whichever comes later.
Unless otherwise stated, all petitions, applications
and appeals provided for in this chapter shall be made on forms prescribed
by the Planning Board. Completed forms shall be accompanied by whatever
further information/plans for specifications as may be required by
such forms.
Fees provided for by this chapter shall be paid
upon the submission of petitions, applications, and appeals, in such
amount or amounts as shall be established by the Town Board from time
to time.
A. Fee for building permit. The proper fee shall accompany
all applications for each building permit and shall be figured according
to the schedule determined by the Town Board.
B. Fee for certificate of occupancy. The proper fee shall
accompany all requests for certificate of occupancy and shall be figured
according to the schedule determined by the Town Board.
C. Fee for site plan review. Applications requiring review according to the provisions of Article
V of this chapter shall be accompanied by the appropriate fee figured according to the schedule determined by the Town Board.
D. Fee for variance applications. The proper fee shall
accompany all applications for variances and shall be figured according
to the schedule determined by the Town Board.
E. Payment of fees.
(1) All fees shall be paid at the time of application
to the Zoning Administrator.
(2) No fee shall be allowed to be substituted for any
other required fee.
F. In addition to the other fees provided herein, the
Zoning Administrator, Planning Board or Zoning Board of Appeals may
charge an additional fee to developers for projects requiring legal
and/or technical review. The fee charged to the project developer
shall reflect the actual costs of reasonable and necessary legal and
technical assistance.
Each notice of hearing upon an application for
site plan review or for the review of a variance application, or upon
appeal to the Zoning Board of Appeals from an action of the Zoning
Administrator, shall be published once in the official newspaper of
the Town at least five days prior to the date of the hearing. In addition,
at least 10 days prior to the date of the hearing, notices shall be
mailed to all adjacent owners of the property for which the application
is made, as may be determined by the latest assessment records of
the Town.
The filing of an application for regional project approval under Article
VI hereof, an application for a variance under Article
X hereof, and an application for site plan approval under Article
V hereof, or an application for a building permit under Article
XII hereof by a person shall be deemed a granting of approval by such person to the Planning Board, the Zoning Board of Appeals, and the Zoning Administrator, and to such persons as they may designate, to conduct such examinations, tests, and other inspections of the sites which are the subjects of such applications, as the body or officer having jurisdiction deems necessary and appropriate for the purposes of this chapter.