The provisions of this chapter shall be administered and enforced by a person appointed by the Town Board as the Building and Code Inspector. No building permit or certificate of occupancy required hereunder shall be issued by the Building and Code Inspector except in compliance with the provisions of this chapter, or as directed by the Board of Appeals under the provisions of § 450-54. The Building and Code Inspector shall have the power and authority to make such inspections of the exterior of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
A.
A building permit shall be required for any work which
must conform to the New York State Uniform Fire Prevention and Building
Code (Uniform Code). No person firm, corporation, association or other
organization shall commence the erection, construction, enlargement,
alteration, improvement, relocation, removal or demolition of any
building or structure within the Town of Maine, or commence excavation
therefor, or install heating equipment therein, or place any mobile
home on any lot or within any mobile home park within the Town of
Maine, without having first applied for and obtained a building permit
therefor from the Town of Maine Building and Code Inspector.
(1)
No building permit shall be required for:
(a)
Reshingling of a roof, replacement of siding,
or performance of necessary repairs which do not materially affect
structural features.
(b)
Alterations to existing buildings, provided
that the alterations:
[1]
Do not materially affect structural features,
[2]
Do not affect fire safety features such as smoke
detectors, sprinklers, required fire separations and exits,
[3]
Do not involve the installation or extension
of electrical systems, and
[4]
Do not include the installation of fuel-burning
heating appliances and the associated chimneys and flues.
(c)
Small noncommercial structures having less than
140 square feet of area and not intended for use by one or more persons
as quarters for sleeping, eating or cooking. Example: small storage
building.
(2)
All such work, repairs, alterations, and excavation
shall nevertheless be done in conformance with the New York State
Uniform Fire Prevention and Building Code (Uniform Code).
(3)
No person, firm, corporation, association or other
organization shall excavate, or begin excavation, within the Town
of Maine where the volume of excavation over a twelve-month period
exceeds 1,000 tons, or 750 cubic yards, of mineral or minerals, excavated
and removed from the property, whether or not the excavation is in
connection with the erection, construction, enlargement, alteration,
improvement, relocation, removal or demolition of any buildings, without
having first applied for and obtained a building permit therefor from
the Town of Maine Building and Code Inspector.
(4)
No building permit shall be issued where the proposed
building, structure, erection, construction, enlargement, alteration,
improvement, relocation, removal, demolition, or excavation, or the
use of such building, structure or excavation would be in violation
of any provision of this chapter.
(5)
No building permit for excavation (if not to be carried
out in connection with the erection, construction, enlargement, alteration,
movement or relocation of a building or structure) shall be issued
unless the Building and Code Inspector:
(a)
Has received from the applicant, a detailed
map showing the areas where the excavation is to be carried on and
a written statement signed by the applicant showing the extent of
the excavation (with contours shown before and after the excavation),
depth of the excavation, description of the minerals to be excavated,
drainage and erosion control, points of access from public roads,
any planned screening from adjacent properties, a description of what
the property will look like after the excavation is completed, a statement
as to where any materials so excavated are to be moved or relocated,
the days of the week and the hours of the day when excavation is to
be carried out, the type of equipment to be used, a statement as to
whether explosives are to be used, a timetable for the operation,
a plan for the reuse of the land after the excavation has been completed,
the impact on the water supply of nearby neighbors, the impact on
drainage from or onto the parcel where the excavation is to be carried
on, and copies of all permits required from other governmental agencies,
and
(b)
Has determined, in the exercise of his discretion,
that the proposed excavation will be in harmony with the intent and
purpose of this chapter, will not be injurious to the neighborhood,
will not have an adverse impact on the water supply of neighbors,
will not have an adverse impact on drainage from or onto the parcel
where the excavation is being carried on, and will not create a health
or safety hazard. The Building and Code Inspector may also request,
before issuing such a building permit, additional information from
the applicant, including reports prepared by licensed engineers, licensed
architects and other professional consultants whose fees shall be
paid by the applicant; the Building and Code Inspector may consult
with officials of the Town of Maine, the Town's engineering firm,
officials of other governmental agencies and licensed engineers, licensed
architects and other professional consultants prior to determining
whether or not to issue such a permit.
B.
Building permit fees. The Town Board of the Town shall,
by resolution, set and establish the fees to be paid (i) for a building
permit for the erection, construction, enlargement, alteration, movement
or relocation of a single-family dwelling, two-family dwelling, agricultural
pursuit, farm pond, mobile home, or excavation made therefor, (ii)
for a building permit for the erection, construction, enlargement,
alteration, movement or relocation of any other structure or building,
or excavation made therefor, (iii) for a building permit for excavation,
if not made or begun in connection with the erection, construction,
enlargement, alteration, movement or relocation of a structure or
building, (iv) for a demolition permit, and (v) for a floodplain permit.
C.
Expiration of building permit. A building permit shall
be void at the expiration of 180 days following the date of issuance,
unless footing forms and foundation stakes are placed ready for inspection
within such one-hundred-eighty-day period; or if none are to be placed
in connection with the proposed building or addition, construction
is actually commenced within such one-hundred-eighty-day period.
For the purpose of defraying administrative,
legal, advertising and other costs and expenses involved in review
of applications and appeals, the following types of applications and
appeals shall be accompanied by a fee in the amount prescribed herein
below, payable to the Town of Maine, in addition to any and all other
fees required by any other section of this chapter or any other ordinance,
local law or resolution of the Town of Maine:
A.
Each application to the Board of Appeals requesting
a use variance, area variance, special extension, or interpretation:
an application fee to be set and established from time to time by
resolution adopted by the Town Board of the Town of Maine.[1]
C.
Each application or petition to the Town Board of
the Town of Maine requesting an amendment to the Town of Maine Zoning
Ordinance or a supplement, change, modification or repeal of any regulation,
provision or section of the Town of Maine Zoning Ordinance: an application
fee to be set and established from time to time by resolution adopted
by the Town Board of the Town of Maine.[3]
D.
E.
In addition to the fees set forth in Subsections A and B hereof, the cost of sending or publishing any notices relating to any appeal to the Zoning Board of Appeals pursuant to § 267-a of the Town Law or relating to any application to the Zoning Board of Appeals shall be borne by the appealing party or the applicant, as the case may be, and shall be paid to the Town of Maine prior to the hearing of such appeal or such application, as the case may be.
F.
In addition to the fee set forth in Subsection C hereof, the cost of sending or publishing any notices relating to any amendment, supplement, change, modification or repeal of any section of the Town of Maine Zoning Ordinance shall be borne by the applicant for such amendment, supplement, change, modification, or repeal, and shall be paid to the Town of Maine prior to any vote thereon by the Town Board of the Town of Maine.
G.
The cost of sending or publishing any notices relating
to any application submitted to the Planning Board shall be borne
by the applicant therefor, and shall be paid to the Town of Maine
prior to any vote thereon by the Planning Board.
A certificate of occupancy shall be applied
for coincident with the application for a building permit. Said certificate
of occupancy shall be issued by the Building and Code Inspector upon
the completion of the construction designated in the building permit,
provided that the completed structure and its intended use comply
with all the provisions of this chapter. Said certificate of occupancy
shall be issued or denied within 10 days from the date such erection
or alteration is inspected by the Building and Code Inspector. A record
of all certificates of occupancy shall be maintained by the Building
and Code Inspector. Copies shall be furnished, upon request, to any
person having a proprietary or tenancy interest in the building affected.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Building and Code Inspector,
who shall properly record such complaint and immediately investigate
any report thereon. The Building and Code Inspector upon completion
of his investigation shall file a report with the Town Board.
A.
In accordance with Subdivision 1 of § 268
of the Town Law, 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.
However, 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. Each week's continued
violation shall constitute a separate additional violation.
B.
In accordance with Subdivision 2 of § 268
of the Town Law, in case any building or structure is erected, constructed,
reconstructed, altered, 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, the proper authorities of the
Town of Maine, 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 premises.
