North Elba, Lake Placid continue updating Land Use Code

LAKE PLACID | The Town of North Elba and the Village of Lake Placid continue efforts to change how land-use and building-code violations are enforced — through civil penalties rather than criminal prosecution. "While the code establishes specific fines for most infractions, the current enforcement process treats most violations as criminal matters. As a result, cases can take months — or even years — to make their way through the court system before a judge determines whether a fine should be imposed," said Town of North Elba Rick Preston in an email. "In many instances, by the time the case is finally heard, the responsible party has corrected the violation and is in compliance. The case is often dismissed, leaving the municipality with significant enforcement costs and little accountability for the violator." The proposed local law would add civil enforcement provisions to the Land Use Code, including a $1,000 civil penalty for each week a violation persists, recovery of reasonable attorney fees, and a lien against the property for municipal costs of abating violations. The first public hearing took place on Aug. 11, and the second took place on Nov. 10; the few in attendance did not comment. The public comment period will remain open for 30 days following the latest hearing. Then each board will bring it to its monthly meeting for a vote on whether to adopt the suggested changes or maintain the current law. "This proposal is not about increasing penalties or being more punitive; it is about creating an enforcement process that is fair, timely, and effective," Preston said. "It provides the Code Enforcement Office with a meaningful tool to encourage compliance while ensuring that those who choose to ignore our local laws are held accountable." Currently, the Code Enforcement Office faces virtually every code violation it encounters — whether it involves illegal signage, unsafe buildings, property maintenance issues, septic system violations, etc. Under the current law, state or local police must enforce criminal violations, but this proposed amendment would allow those officials to enforce it, rather than involving local law enforcement. "This is an important change. It would allow assessed penalties to be heard in a much timelier manner through civil proceedings, while maintaining the fines already established in our code," Preston said. "Rather than waiting months or years for a criminal court appearance, the municipality would have a more efficient and practical method of enforcing its laws." Also referred to as "the Code," it has been in effect since Jan. 1, 2011. However, since the town and village decided to revisit the joint Comprehensive Plan, adopted in March, it became necessary to revisit the code and determine how well it aligned with the updated goals and priorities in that plan. In the same month the Comprehensive Plan was adopted, town and village officials made additional amendments to the Land Use Code, specifically regarding Temporary Workforce Housing (TWH), Accessory Dwelling Units (ADUs), Political Signage, and Special Event Venue (SEV) Permits. The TWH amendment established clear standards for location, density, duration of use, and management to ensure workforce housing meets community needs. It specified the zoning districts where TWH may be allowed. Current operators of known TWH sites will now be required to submit permit applications to ensure their use meets the new standards, and the Village Residential District will be limited to a maximum of five TWH permits to manage density and preserve neighborhood character. Regarding ADUs, the amendment increased the number of permitted ADUs per parcel from one to two to address housing needs and support sustainable growth. For SEV permits, which the law defines as a property or facility used for temporary gatherings, celebrations, or similar events, event noise must be contained primarily within the property boundary. All music or amplified noise must cease by 9 p.m., and all overnight guests must vacate the property by 9:30 p.m. Lastly, regarding political signage, another amendment removed the restriction on displaying political signs for no more than 30 days and provided clearer permitting criteria to ensure that events can operate safely, minimize neighborhood disruption, and comply with zoning and safety standards. For more information or to view the Land Use Code in further detail, visit northelba.villageoflakeplacid.ny.gov.

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North Elba, Lake Placid continue updating Land Use Code

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