RACOG ZONING PROJECT

Zoning Board of Appeals

A zoning board of appeals is hereby created consisting of five members. The town/village board shall appoint the members on a staggered term basis in conformance with Town/Village Law and shall appoint a chairman. The board of appeals shall have all the powers and duties prescribed by Town/Village Law and by any rules and regulations adopted by the town/village board.

Planning Board

In accordance with this law, the planning board shall have the power to approve, approve with modifications, or disapprove site plans and special use permits. The planning board shall give advisory opinions when requested by the zoning board of appeals or the town/village board. The planning board shall abide by any rules and regulations adopted by the town/village board.

Enforcement Officer

The town/village board shall appoint an enforcement officer to carry out specific administrative functions as designated in this law, and to enforce this law. The duties of the enforcement officer shall include the following:

8. Assist in the prosecutions of violations.

Zoning Permits

The following activities shall require a zoning permit unless otherwise specifically exempted in this law:

Zoning Permit Exceptions

The following activities shall not require a zoning permit, and are exempt from the provisions of this law, except where otherwise specified:

Application Process

Applications for zoning permits shall be submitted to the enforcement officer or town/village clerk and shall include the following:

1. The actual dimensions of the lot to be used;
2. The size and location on the lot of the structures and accessory structures to be erected;
3. The distance from the building line to all lot lines; street/road right-of-way lines; waterfront lot lines; and any other significant features of the lot;
4. Such other information as may be necessary to determine and provide for the enforcement of this law.

This information, and other relevant application data, shall be provided on a form issued by the town/village.

Application Fee

Fees required under this law will be determined from time to time by the town/village board pursuant to resolution and are to be paid at the time of application. No permit shall be issued until full payment has been received by the town/village clerk.

Display of Permit

The applicant shall display the permit on the building, structure or site in such a manner that it is visible to the public until such time as a certificate of compliance is issued or the permit expires.

Measurements

When establishing measurements to meet the required yard sizes, or use or structure setbacks, the measurements shall be taken from the street/road right-of-way line, lot line or nearest high water elevation to the point attached to the structure which is closest to the point to which measurement is being made to. This shall include such projecting facilities as cornices, chimneys, eaves, porches, carports, attached garages, etc.

Expiration of Zoning Permit

A zoning permit shall expire twelve months from the date of issue.

Certificate of Compliance

Violations

Penalties

Pursuant to Municipal Home Rule Law Section 10 and Town Law Section 268/Village Law Section 7-714, any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this law shall, upon conviction, be deemed guilty of a violation and subject to fine and/or imprisonment. Any violation of this law is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $750 nor more than $1000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

In addition to the above remedies, the town/village board may maintain an action or proceeding in the name of the town/village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this law

It is the intent of this article to promote the health, safety, and general welfare of the town/village through project review. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the town/village, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the town/village and the general welfare of its inhabitants. It is intended for the planning board to attach reasonable safeguards and conditions to those uses that might otherwise produce deleterious effects on the environment, the rural and scenic character of the town/village or the town/village residents' health, safety and welfare.

Pursuant to authority delegated in accordance with Section 274-a of the Town Law/Section 7-725-a of the Village Law of the State of New York, the town/village board hereby authorizes the planning board to review and approve, approve with modification or disapprove site plans.

Site plan review uses shall be controlled by the regulations in this article in addition to the regulations that apply in each district or for specific uses. No zoning permit or certificate of compliance shall be issued for any use or structure requiring site plan review until approval has been granted by the planning board.

Pursuant to authority delegated in accordance with Section 274-b of the Town Law/Section 7-725-b of the Village Law of the State of New York, the town/village board hereby authorizes the planning board to grant special use permits as set forth in this law.

Uses requiring a special use permit shall be controlled by the regulations in this article in addition to the regulations which apply in each district or for specific uses. No zoning permit or certificate of compliance shall be issued for any use or structure requiring a special use permit until approval has been granted by the planning board.

An application for project review shall be made on forms prescribed by the town/village. Five copies, minimum, of all materials shall be submitted to the board by the applicant. Extra copies as may be deemed necessary by the planning board may be required. The following information shall be required of all applications, unless specifically waived by the planning board:

1. Name and address of applicant and owner, if different, and of the person responsible for the preparation of such drawing;
2. Date, north arrow, written and graphic scale;
3. Boundaries of the area plotted to scale, including distances, bearings, and areas;
4. The current zoning classification of the property, including the exact zoning boundary if in more than one district;
5. A complete outline of existing or proposed deed restrictions or covenants applying to the property;
6. Location and ownership of all adjacent lands as shown on the latest tax records;
7. A written description of all proposed uses on the site, including all activities, and including the number and distribution by type of all dwelling units;
8. Location, name, and existing width and right-of-way of adjacent roads, including traffic circulation patterns;
9. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use adjoining the property;
10. Location, size, design of the following: existing and proposed buildings, driveways, parking and loading areas, outdoor storage areas, sidewalks or pedestrian paths, drainage facilities, sewage facilities, water facilities, signs, outdoor lighting, landscaping or screening, buffer areas, snow storage areas; walls and fences, energy distribution facilities, fire lanes and other emergency zones;
11. Plans for controlling soil erosion and sedimentation during development;
12. Plans for grading and drainage showing existing and proposed contours of five foot intervals;
13. Significant or outstanding natural features of the property (e.g. wetlands, streams, high-water lines, cliffs, dense vegetation, etc.);
14. Designation of the amount of gross floor area and gross leasable area proposed for each nonresidential use;
15. Project construction schedule and staging phases, if applicable;
16. An Environmental Assessment Form (EAF) or draft Environmental Impact Statement (EIS), pursuant to 6 NYCRR Part 617, where required;
17. An agricultural data statement, pursuant to Town Law Section 283-a/Village Law Section 7-739, when applicable;
18. A statement with the name, address and the nature and extent of the interest of any state employee, or any officer or employee of the town/village in the application pursuant to General Municipal Law Section 809, when applicable;
19. Other elements integral to the proposed development as considered necessary by the planning board including identification of any federal, state, or county permits required for the project's execution;
20. Application fee as stated in the fee schedule adopted by the town/village.

The applicant is encouraged to request and attended a pre-submission conference with the planning board prior to formal submission of an application. This conference may be used to discuss rough conceptual drawings, proposed uses, the possible waiver of submission requirements, the review procedure and the criteria that the project must meet.

The planning board is empowered to waive, when reasonable, any application requirements for the approval, approval with modifications or disapproval of site plans or special use permits submitted for approval. Such waiver may be exercised in the event requirements are found not to be requisite in the interest of the public health, safety or general welfare and inappropriate to a particular site plan or special use permit. The reasons for, and the scope of any such waiver granted by the planning board shall be in writing and entered into the minutes of the board.

Once a completed application has been formally accepted by the planning board at a public meeting of the board, the board shall have a maximum of 62 days to hold a public hearing on the application to entertain public comment, unless the hearing is waived. This time period may be extended upon the mutual consent of the planning board and the applicant. A waiver of the hearing shall NOT be allowed in any one of the following circumstances:

1. the use requires a special use permit pursuant to this law;
2. the use is a Type I action according to the State Environmental Quality Review Act;
3. the use is over 2,000 square feet of floor or ground area;
4. the use is over 35 feet in height;
5. the use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, roads, curbs, gutters, or other public improvements;
6. the applicant has requested a public hearing.

At least five days advance public notice of the hearing shall be published in a newspaper in general circulation in the town/village. A notice of the hearing shall be mailed to the applicant at least ten days before the hearing. The notice shall also be mailed to any farm operations listed on the agriculture data statement.

Pursuant to General Municipal Law Section 239-m, at least 10 days before the hearing, or where the hearing has been waived, before final action, the planning board shall refer all site plan reviews or special use permits to the County Planning Board that fall within 500 feet of the following:

1. the boundary of the town/village or any village within the town;
2. a state or county park or recreation area;
3. a state or county highway or expressway;
4. a state or county owned drainage channel;
5. state or county land where a public building or institution is located; or
6. the boundary of a farm operation located within an agricultural district.

If the County Planning Board does not respond within 30 days from the time it received a full statement on the referral matter, then the planning board may act without such report. However, any County Planning Board report received after such 30 days but two of more days prior to final action by the referring body, shall be subject to the provisions of an extraordinary vote upon recommendation of modification of disapproval. If the County Planning Board recommends modification or disapproval of a proposed action, the referring board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members.

The planning board shall be responsible for the completion of an environmental assessment form (EAF) for each application, and for compliance with 6 NYCRR Part 617 (State Environmental Quality Review Act regulations) in cooperation with other involved agencies in the review of any application. The planning board shall complete its environmental review and make an environmental determination prior to final action on the application.

The final decision by the planning board must be made within 62 days following the close of the public hearing, or where the public hearing has been waived, within 62 days of the official submission date. The decision shall be in writing, specifying any conditions that may be attached to an approval, the reasons that the planning board approved, approved with modifications or disapproved the proposal, and the motions/vote of the planning board. This time period may also be extended upon the mutual consent of the planning board and the applicant.

All decisions shall be filed in the office of the town/village clerk within five business days of final action, and a copy mailed to the applicant. Within 30 days of final action on any matter referred to the County Planning Board, the planning board shall file a report of the final action with the County Planning Board.

In its approval, the planning board shall have the authority to impose such reasonable conditions and restrictions on the issuance of a zoning permit for the application as are directly related to and incidental to a proposed site plan. Upon approval of the project, any such conditions must be met in connection with the issuance of permits by applicable enforcement officers of the town/village.

Notwithstanding any provisions of law to the contrary, where a proposed project contains one or more dimensional or physical features which do not comply with the zoning law, application may be made to the zoning board of appeals for an area variance without the necessity for a decision or determination of the enforcement officer.

Construction of Words

When used in this law, words in the present tense include the future and words of one gender include all genders. The singular number includes the plural and the plural includes the singular. The term "shall" is intended to be mandatory. Whenever a word or term is defined to "include" certain items or matters, such inclusion is intended to be by way of specification and not of limitation. If interpretation or clarification of any word used in this law is needed it shall be provided by the zoning board of appeals in accordance with such powers granted to them.

Accessory Building, Use or Structure: A building, use or structure which is customarily incidental to that of a principal building or use and which is located on the same lot as that occupied by the principal building or use.

Alter/Alteration: To change or rearrange any exterior structural part of the existing facilities of a building or structure, by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an alteration if there is not expansion of exterior dimensions. For instance: replacement of windows, doors, siding, roofing, etc., as well as interior alterations shall not be considered an alteration for the purposes of this law.

Alteration of Land Surface: The grading, filling or excavation of land in connection with a site plan review use.

Building: Any structure having a roof supported by columns or by walls which is used or occupied for the shelter, housing or enclosure of animals, persons or property. The term, unless specified, includes both principal and accessory buildings.

Certificate of Compliance: A document issued by the proper municipal authority certifying that the structure or use has been constructed or will be used in compliance with all the applicable local laws.

Change of Use: Any use that substantially differs from the previous use of a building or land. Uses covered under the same definition shall not be considered a change of use.

Easement: A grant of one or more of the property rights by the owner to and/or for the use by the public, a corporation or another person or entity.

Enforcement Officer: A person appointed by the Town/Village Board to carry out the regulations of this law.

Erect: To construct, build, re-erect, reconstruct, rebuild or excavate for a building or structure.

Fence: Same definition as wall.

Floor Area: The total horizontal area of all floors of a building, excepting the basement and attic thereof, measured along the faces of the interior walls.

Gross Floor Area (GFA): The gross size of the total floor area of the outside dimensions of a building. These dimensions shall include the length and width of the facility.

Gross Leasable Area (GLA): The gross size of the floor area of a commercial/retail facility which is leasable.

Landscaping: Improvements to land including but not limited to the contouring of land, planting of flowers, shrubs, or trees, the use of decorative features, including sculptures, patterned walks, fountains and ponds.

Lot: A parcel of land used or occupied, or capable of being used or occupied, by a building or structure and the accessory buildings, structures or uses customarily incidental to it including such yards as are required by this law.

Outdoor Storage: The keeping, in an unroofed area, of materials associated with the principal commercial or industrial use permitted on the lot.

Permitted Uses: Any use permitted under the provisions for the district in which the land, building or structure is located.

Planning Board: A board appointed by the Town/Village Board and authorized to review site plans, amendments, industrial district and planned development district requests.

Road/Street: A thoroughfare for motor vehicles which affords the primary means of access to private property.

Road/Street Right-of-Way Line: The dividing line between a lot and a road. Where there is no established road right-of-way line, the road right-of-way line shall be considered to be 25' from the center of the road.

Setback: The distance between a lot line and a building line. The term is used to refer to front, side or rear distances.

Site Plan Review: The process by which the planning board reviews those uses stated in this law that require site plan review.

Special Use Permit: A permit for special uses which must be approved by the planning board, granting permission to the enforcement officer to issue a zoning permit.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term includes dwelling units, buildings, swimming pools, platforms, towers, billboards, satellite dish antennae, signs, fences, and walls.

Use: The specific purpose of which any land, building or structure is used, designed, arranged, intended, or occupied.

Variance, Area: The authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this law .

Wall: A structure of wood, stone or other materials or combination thereof intended for defense, security, screening, partitioning, or enclosure; or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A fence shall be considered a wall.

Zoning Board of Appeals: A board appointed by the Town/Village Board whose principal duties are to consider requests for variances from this zoning law.

Zoning Permit: A permit issued under this law allowing the establishment of a new use or the construction, placement or alteration of a building or structure.