[HISTORY: Adopted by the Town Board of the Town of North
Castle 7-26-2017 by L.L. No. 4-2017. Amendments noted where applicable.]
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 Castle for any property owner who has outstanding fees owed to the Town of North Castle or where outstanding violations (as that term is defined in § 114-4D herein) of any local laws or ordinances of the Town of North Castle 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 Castle."
This chapter shall apply to the provisions of all the local
laws and ordinances adopted by the Town of North Castle 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 Castle, the Town shall determine, to
the satisfaction of the Town department processing the application,
that no fees are due to the Town of North Castle and that no outstanding
violations of any local law or ordinance of the Town of North Castle
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 by any board
or official of the Town of North Castle for any property owner who
has fees outstanding to the Town of North Castle or outstanding violations
of any local laws or ordinances of the Town of North Castle 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 Building Inspector of the Town of
North Castle. 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 Castle shall be deemed to have occurred
when one of the following events occurs:
The Town Board, when it deems appropriate, may in its discretion,
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. The Building Inspector, in
an emergency situation (e.g., water pipe leak, electrical malfunction,
etc.) may also waive specific provisions of this chapter where necessary
to prevent undue hardship or an inequitable result. The Building Inspector
shall simultaneously provide notice of all waivers to the Town Board.