A.
Application for building and zoning permits shall be made to the Zoning Enforcement Officer, in accordance with § 120-59D below.
B.
It shall be unlawful to commence excavation, demolition or the construction
of any building or structure, including accessory buildings, or to
commence the moving or alteration of any building or structure, including
accessory buildings and signs, or to change a use until the Zoning
Enforcement Officer or Building Inspector has issued building and
zoning permits for such work.
C.
Application forms for building and zoning permits shall be obtained
and filed in the office of the Village Clerk.
D.
Permit application. In applying for building and zoning permits,
the applicant shall submit an "Application for Building or Zoning"
completed with the appropriate specifications and a dimensioned plan,
to scale, indicating the shape, size, height and location in exact
relation to all property lines and to street or road lines of all
buildings or structures to be erected, altered or moved and of any
building or structure already on the lot. The Building Inspector or
Zoning Enforcement Officer shall have the authority to require that
this plan be accompanied by a written statement from a qualified engineer
or other satisfactory evidence, to the effect that the line of the
bounding street or road has been accurately located and staked on
the ground. The applicant shall also state the existing or intended
occupancy and use of all such buildings and land and supply other
information as may be required to ensure that the provisions of this
chapter are being observed.
E.
Permit display. The building permit, when signed and issued by the
Zoning Enforcement Officer or the Building Inspector, will be posted
conspicuously on the lot facing the street or road where the permit
authorizes the work to be done. Said building permit shall remain
posted until all such construction for which the permit was issued
has been completed.
F.
Permit refusal. If a building or zoning permit is refused, the Zoning
Enforcement Officer or Building Inspector shall state such refusal
in writing, with the cause, and shall mail notice of such refusal
to the applicant at the address indicated on the application.
G.
Permit effect. The issuance of a permit shall in no case be construed
as waiving any provisions of this chapter. No building permit shall
be issued except in compliance with the provisions of this chapter
and any amendment thereto, or as directed by either the Planning Board
or the Board of Appeals.
H.
Permit term.
(1)
A building permit for a conforming use shall expire in six months
from the date of issuance, unless substantial progress has been made
since that date. If other government approvals are needed, the building
permit shall be treated as if issued on the date the final approval
is received. The building and zoning permit may be renewed for one
six-month period, if the particular situation warrants such an extension,
without the payment of an additional fee. Construction shall be initiated
within six months of the date of extension of the permit. Failure
to do so shall nullify the permit.
(2)
All building and zoning permits issued prior to the date of enactment
of this chapter shall become void six months after the date of enactment
of this chapter unless substantial progress has been made on the project.
A.
A certificate of occupancy is required for any of the following:
B.
No certificate shall be issued unless the work has been substantially
completed in accordance with the plans and specifications.
C.
Issuance. Within 10 days, Saturdays, Sundays and legal holidays excepted,
after written notification that a building or structure or lot or
part thereof is ready for occupancy or use, it shall be the duty of
the Building Inspector to make a final inspection and issue a certificate
of occupancy if the land, building, structure or part thereof is found
to conform with the provisions of this chapter. Failure to make such
inspection and determination within the specified period of time shall
not be deemed to be an approval or a disapproval of the application
for certificate of occupancy.
D.
Refusal. If the Building Inspector, after such final inspection,
refuses to issue a certificate of occupancy, he or she shall state
such refusal in writing, with the cause, and immediately thereupon
mail notice of such refusal to the applicant at the address indicated
on the written notification.
A.
Fee schedule. Applicants under this chapter shall pay the applicable
fee in accordance with the fee schedule established and annually reviewed
by the Village Board of Trustees.
B.
Escrow deposits. In connection with any application for site plan
approval, special permit applications or variances, the reviewing
board may require the applicant to pay in advance into an escrow fund
established to cover the reasonable and necessary cost of reviewing
such application. Such cost may include consultant fees covering planning,
engineering, environmental analysis, legal review and other technical
services required for a proper and thorough professional review of
the application. The Chairperson of the reviewing board shall review
any statements reviewed for such costs and certify that the work was
requested, the statement fairly and fully sets out the work performed
and the work was reasonable and necessary to review the application.
A.
Violations. Any person or corporation, whether as owner or lessee,
agent or employee, who shall violate any of the provisions of this
chapter or who fails to comply with any order or regulation made hereunder,
or who erects, alters, moves or uses any building or uses any land
in violation of any detailed statement of plans submitted by him and
approved under the provisions of this chapter, shall be guilty of
a violation. Each week's continued violation shall constitute a separate
additional violation. The Zoning Enforcement Officer shall have the
authority to issue a citation to property owners who are in violation
of this chapter.
B.
Fines and imprisonment. A violation of this chapter is hereby declared
to be 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 $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
C.
Courts.
(1)
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this chapter shall be deemed misdemeanors,
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations.
(2)
A person or corporation who in violation of this chapter constructs
a structure which is in violation of the terms of this chapter or
uses the lot in violation of this chapter shall be presumed to have
knowledge of those sections of the chapter that are violated. Said
person or corporation shall have no benefit whatsoever by already
having completed construction or engaged in use of the lot in violation
of this chapter at such time as such construction or use is subsequently
being considered and/or determined by the Planning Board, Board of
Appeals or any enforcement and/or administrative officials of the
Village of Rhinebeck.
D.
Restraint and reparation. In case any building or structure is erected,
constructed, reconstructed, altered, dismantled, converted or maintained,
or any building, structure or land is used, or any land is divided
into lots, blocks or sites in violation of this chapter or of any
ordinance or other regulation made under authority conferred thereby,
the proper local authorities of the Village, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land, to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure or land or to prevent any illegal act, conduct, business
or use in or about such lot.
E.
Citizen suit provision. Upon the written refusal of the proper local
officer, board or body of the Village to institute any such appropriate
action or proceeding after written request by a resident or taxpayer
of the Village to proceed, any three residents of or taxpayers to
the Village owning or residing in the district wherein such violation
exists, who are jointly or severally aggrieved by such violation,
may institute such appropriate action or proceeding in like manner
as such local officer, board or body of the Village is authorized
to do.
