[Amended 9-16-1992 by L.L. No. 2-1992]
The position of Code Enforcement Officer is
hereby established. The Code Enforcement Officer and any and all assistants
required for the proper administration and enforcement of this chapter
shall be appointed by and serve at the pleasure of the Town Board.
[Amended 9-16-1992 by L.L. No. 2-1992]
The compensation of the Clerk, Code Enforcement
Officer and assistants elsewhere referred to in this article shall
be fixed by the Town Board within the amounts provided in the annual
budget and paid at such times as determined by the Town Board.
[Amended 9-16-1992 by L.L. No. 2-1992]
A.
It shall be the duty of the Code Enforcement Officer
or his duly authorized assistants to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter.
B.
Where the Code Enforcement Officer, in the course
of his duties, determines that any plans, buildings or premises are
in violation of the provisions of this chapter, he shall order the
responsible party, in writing, to remedy such conditions. Said written
order shall specify the nature of the violation found to exist, the
remedy ordered and the time permitted for such action, the penalties
and remedies which may be invoked by the Town and the violator's rights
of appeal, all as provided for by this chapter.
C.
On the serving of notice by the Code Enforcement Officer
to the owner of any violation of any of the provisions of this chapter,
the certificate of occupancy for such building or use shall be held
null and void. A new certificate of occupancy shall be required for
any further use of such building or premises.
D.
The Code Enforcement Officer shall maintain a permanent
record of all matters considered and all action taken by him. Such
records shall form a part of the records of his office and shall be
available for the use of the Town Board and other officials of the
Town. The records to be maintained shall include at least the following:
(1)
Application file. An individual permanent file for
each application for a permit provided for by this chapter shall be
established at the time the application is made. Said file shall contain
one copy of the application and all supporting documents, maps and
plans; notations regarding pertinent dates and fees and the like;
as appropriate, one copy of the resolution of the Board of Appeals
in acting on the application; and the date the permit applied for
was issued or denied by the Code Enforcement Officer.
(2)
Monthly report. The Code Enforcement Officer shall
prepare a monthly report for the Town Board. Said report shall cite
all actions taken by the Code Enforcement Officer, including all referrals
made by him; all permits and certificates issued and denied; and all
complaints of violations received and all violations found by him
and the action taken by him consequent thereon. A copy of this monthly
report shall also be transmitted by the Code Enforcement Officer to
the Tax Assessor, Planning Board and Board of Appeals at the same
time it is transmitted to the Town Board.
[Amended 4-13-1983 by L.L. No. 1-1983; 9-16-1992 by L.L. No.
2-1992]
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit or special use
permit shall be a prerequisite to the issuance of a building permit
as prescribed by the Building Code.[1]
A.
Zoning permit. The Code Enforcement Officer is hereby
empowered to issue a zoning permit for any plans regarding the construction
or alteration of any building or part of any building or part thereof
where he shall determine that such plans are not in violation of the
provisions of this chapter.
B.
Special permit use. Upon written direction of the
Town Board, the Code Enforcement Officer is hereby empowered to issue
any special permit use provided for by this chapter.
C.
Certificate of occupancy. The Code Enforcement Officer
is hereby empowered to issue a certificate of occupancy which shall
certify that all provisions of this chapter have been complied with
in respect to the location and use of the building, structure or premises
in question.
D.
Agricultural permit. The Code Enforcement Officer
is empowered to issue agricultural permits free of charge for all
farm structures other than dwellings.
A.
Procedures for a zoning permit.
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
All applications for zoning permits shall be made
to the Code Enforcement Officer in the detail specified in § 161-68
of this chapter. Where the proposed use is a residential use in a
residential or agricultural zone, the Code Enforcement Officer shall
carefully consider the application and supporting documents for compliance
with this chapter and either issue or deny the zoning permit applied
for. When the application is for any other use in any zone, the Code
Enforcement Officer shall, prior to the issuance of any permit, refer
one copy of such plans, drawings and statements to the Planning Board
and one copy to the Town Board for review and possible referral to
a qualified engineer for their review and recommendations. The Planning
Board shall determine that the proposed site plan and structures will
compare favorably with community standards, other neighborhood improvements
and the properly intended and planned appearance throughout any street
or neighborhood.
(2)
The Planning Board shall, within 30 days after receipt
of said material, approve or disapprove the proposed development or
construction. In the event of disapproval, the reasons shall be stated
clearly to the Code Enforcement Officer, in writing. The Code Enforcement
Officer shall deny a zoning permit for the proposed construction until
such conditions as the disapproval is based upon have been corrected
and written approval of the Planning Board is obtained. The absence
of a reply from the Planning Board within the 30 day period shall
constitute approval, and the Code Enforcement Officer shall proceed
on the basis of such approval.
B.
Procedures for special use permits. All applications
for special use permits shall be made to the Town Clerk as specified
in § 161-68. The Clerk, after determining that an application
is in the proper form, shall transmit one copy of the application
and all supporting documents to the Town Board for action thereon.
At the same time, the Town Clerk shall transmit one copy of the application
and all supporting documents to the Planning Board for review of the
site plan and for an evaluation of the proposed use and its relationship
and conformity to the goals and objectives and policies established
by the Town Comprehensive Master Plan and the Town's LWRP.
[Amended 8-11-1987 by L.L. No. 3-1987]
(1)
The Planning Board shall review the application and,
within 30 days after the receipt of such application, make a written
report to the Town Board, setting forth its findings and recommendations
concerning the application. In making its recommendations, the Planning
Board may suggest any revision to the site plan or other plans as
will, in its opinion, cause the proposed use to be in substantial
conformance with the Comprehensive Master Plan and its principles
of land use and development.
(2)
The Town Board shall, after reviewing the recommendations
of the Planning Board, conduct a public hearing on applications referred
to it by the Town Clerk, in accordance with the procedures and requirements
established elsewhere in this chapter. Within 60 days from the date
of such public hearing, the Town Board shall by resolution either
approve or disapprove the application so heard. In approving an application,
the Town Board may impose such restrictions, conditions or modifications
as it may determine to be reasonably necessary to protect the health,
safety or general welfare of the public.
[Amended 9-16-1992 by L.L. No. 2-1992; 10-10-2006 by L.L. No.
4-2006]
(a)
If an application is approved by the Town Board,
the Code Enforcement Officer shall be furnished with a copy of the
approving resolution of the Board, and he shall issue the permit applied
for in accordance with the conditions imposed by the Town Board.
(b)
If any application is disapproved by the Town
Board, the reasons for such denial shall be set forth in the Board's
resolution, and a copy of the resolution shall be transmitted to the
Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval.
(c)
The Code Enforcement Officer shall transmit
one copy of all approved and denied applications to the Planning Board
and one copy of all approved applications to the Town Tax Assessor.
(3)
The Town Board directs the Code Enforcement Officer,
referred to as the "Zoning Officer," to issue special use permit renewals
upon submission of a renewal application and payment of any application
fee to the Town Clerk. This procedure shall apply to renewals only.
Approval by the Code Enforcement Officer shall be given only if the
Code Enforcement Officer determines that the applicant is in compliance
with all conditions imposed by the Town Board or other Town agency,
together with all applicable laws, ordinances and regulations. Any
renewal applicant seeking to modify any aspect of the permit shall
be required to follow the full application procedures as though it
were a first-time application.
[Added 9-10-1991]
C.
Procedures for a certificate of occupancy.
(1)
Following the completion of the construction, reconstruction
or alteration of any building or where a change in the use of a structure
is proposed, the applicant shall transmit, by registered mail, to
the Code Enforcement Officer a letter stating that such construction
has been completed or that a new use has been proposed. Within seven
days of the receipt of this letter, the Code Enforcement Officer shall
make all necessary inspections of the completed structure and proposed
use to determine the conformance with this chapter. A certificate
of occupancy shall be issued only if the Code Enforcement Officer
finds that the construction and proposed use comply with all the requirements
and provisions of this chapter.
[Amended 9-16-1992 by L.L. No. 2-1992]
(2)
The Code Enforcement Officer may issue a temporary
certificate of occupancy where he finds such not to be detrimental
to the public safety or the development of adjoining property.
[Amended 9-16-1992 by L.L. No. 2-1992]
(3)
No certificate of occupancy shall be required for
any existing building or alteration thereof.
D.
Procedures for building or use permits. All applications
for building or use permits shall be in writing and contain the following
information duly sworn to by the owner of record of the real estate
for which such permit is sought, on forms furnished by the Town:
(1)
The nature of permit sought and definite purpose,
with nature of building or proposed building.
(2)
The size and location of property and building, with
estimated cost exclusive of land.
(3)
The description of deed restrictions; name and address
of building contractor and plumbing contractor.
(4)
An agreement to comply with the terms of the permit,
laws of the State of New York, the Town ordinances, the rules and
regulations of the Erie County Health Department and all rules and
regulations of the various departments of the Town and the State of
New York; to preserve the established building line; to give full
notification to Code Enforcement Officer not to use or permit to be
used the structure or structures covered by the permit until sanitary
facilities are completely furnished.
[Amended 9-16-1992 by L.L. No. 2-1992]
(5)
Such other information as the Code Enforcement Officer,
the Board of Appeals or the Town Board may require.
[Amended 9-16-1992 by L.L. No. 2-1992]
Each application for a zoning permit, or special
permit use shall be made in triplicate and with accompanying site
plan. The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building, and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both "before" and "after" conditions:
A.
The location, use, design and dimensions and height
of each use and building.
B.
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
C.
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
D.
The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
E.
Provisions for water supply, sewage disposal and storm
drainage.
F.
Such other data and plans as the Code Enforcement
Officer or the Planning Board may require to properly take action
on the application.
[Amended 9-16-1992 by L.L. No. 2-1992]
[Amended 9-16-1992 by L.L. No. 2-1992]
Before any person, persons or corporations shall
erect, construct or structurally alter any building or structure within
the Town of Brant, they shall first apply for and obtain from the
Code Enforcement Officer a permit and shall pay for said permit the
following fees to compensate for the administration of this chapter.
A.
The fees for building permits should be as follows:
[Amended 10-10-1995 by L.L. No. 3-1995]
(1)
Construction of new residence (may include garage).
(2)
Structural alteration with plumbing: as set forth
from time to time by resolution of the Town Board.
(3)
Structural alteration with no plumbing: as set forth
from time to time by resolution of the Town Board.
(4)
Construction of new garage or other accessory building:
(a)
Accessory building less than 140 square feet:
as set forth from time to time by resolution of the Town Board.
(b)
Accessory building 140 square feet: as set forth
from time to time by resolution of the Town Board.
(c)
Accessory building over 140 square feet: as
set forth from time to time by resolution of the Town Board.
(d)
Residential garage: as set forth from time to
time by resolution of the Town Board.
(5)
Commercial building permits (square feet of area and
overall building dimensions):
B.
This fee, if the requested permit is granted, shall
entitle the applicant to a certificate of occupancy at no additional
fees, provided that such certificate of occupancy is applied for within
one year of the effective date of the building permit involved.
C.
Upon application for a certificate of occupancy, except
as noted above: as set forth from time to time by resolution of the
Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
D.
Application to the Board of Appeals for review or
other action of said Board as provided by law and this chapter: as
set forth from time to time by resolution of the Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
E.
Application to the Town Board for a change in this
Zoning Ordinance, either text or map,[1] or both: as set forth from time to time by resolution
of the Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk, where it may be examined during regular
office hours.
F.
Application fees are not refundable.
G.
Special use permit: as set forth from time to time
by resolution of the Town Board (nonrefundable).
[Amended 10-10-1995 by L.L. No. 3-1995]
H.
Junkyard license fees shall be as provided in General
Municipal Law, Article 6, § 136.
[Amended 9-16-1992 by L.L. No. 2-1992]
A building permit shall be valid for a period
of one year and may be extended at that time at the discretion of
the Code Enforcement Officer.
