(A) The Zoning Administrator. The Zoning Administrator shall have the following powers and duties to be carried out in accordance with these regulations which include, but are not limited to:
(1) To serve as staff to the Town Board, the Planning Board and the Board of Adjustment with regard to their functions under these regulations and to inform the bodies of all facts and information at their disposal with respect to applications for amendments to the text of these regulations, amendments to the zoning maps, appeals, variances, permit requests and any other matters brought before them under this article;
(2) To maintain the text of these regulations and the zoning maps;
(3) To maintain development review files and other public records related to the administration and enforcement of these regulations;
(4) To review applications for zoning permits filed under these regulations;
(5) To recommend and comment on proposed amendments to these regulations and to the zoning maps;
(6) To establish the rules of procedure and permit application forms as are necessary and proper for the administration of their responsibilities under these regulations;
(7) To determine street classifications not otherwise specified on the adopted town Thoroughfare Plan; and
(8) To administer the water supply watershed protection regulations contained herein including the following additional duties:
(a) To serve as staff to the Board of Adjustment when it is serving in its capacity as the Watershed Review Board;
(b) To submit copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Water Quality;
(c) To keep records of variances granted to the watershed regulations. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Water Quality on or before January 1 of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance;
(d) To keep records of the town's utilization of the 10/70 provision, including any acreage allocated by the county to the town. The records shall include the total acres of non-critical area eligible to be developed under the 10/70 provision and individual records for each project showing the following information: location, acres, site plan, use and total allocation of the 10/70; and
(e) To monitor land use activities in the watershed to identify situations that may threaten water quality. The Zoning Administrator shall report these situations to the agency with direct regulatory responsibility for these activities.
(B) The Zoning Enforcement Officer. The Zoning Enforcement Officer is charged with enforcing the provisions of the zoning regulations as set out herein except for enforcement duties specifically assigned to the Zoning Administrator. If the Zoning Enforcement Officer shall find that any of the provisions of this article are being violated, he or she shall notify, in writing, the person responsible for the violations, indicating the nature of the violation and order that necessary actions be taken to correct the deficiency. He shall order discontinuance of illegal uses of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done and shall take any other action authorized by this article to ensure its compliance.
(C) The Technical Review Committee. The Technical Review Committee shall be appointed by the Town Manager and shall meet when needed to discuss land use issues and to review development proposals. The recommendations of the Committee shall be forwarded to review boards by the Zoning Administrator for their consideration in making decisions regarding rezonings, special use permits, special exception permits and any other issue related to land use and development as governed by this article within the zoning jurisdiction of the town.
(D) The Town Manager. The Town Manager shall appoint the Zoning Administrator, the Zoning Enforcement Officer and the Technical Review Committee and shall have the authority to exercise any and all duties and authorities assigned to such.
(E) (1) No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
(2) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
(2003 Code, § 8-3.9.1) (Updated 2009) (Amended 6-1-2021)