Any person who violates any provision of this
chapter shall be guilty of an offense against this chapter and subject
to a fine of not more than $250 or to imprisonment for a period of
not more than 15 days, or to both such fine and imprisonment. In addition,
any person who violates any provision of this chapter or who shall
omit, neglect or refuse to do any act required thereby shall, severally,
for each and every such violation forfeit and pay a civil penalty
of not more than $100. The imposition of penalties for any violation
of this chapter shall not excuse the violation nor permit it to continue.
The application of the above penalties or prosecution for a violation
of any provision of this chapter shall not prevent the enforced removal
of conditions prohibited thereby. The expenses of the Town in enforcing
such removal, including legal fees, may be chargeable, in addition
to criminal and civil penalties, to the offender and may be recovered
in a civil court of appropriate jurisdiction. When a violation of
any of the provisions is continuous, each day thereof shall constitute
a separate and distinct violation subjecting the offender to additional
penalty.
Applications for a building or zoning permit,
certificate of occupancy, subdivision, special permit, site plan,
use or area variance, or zoning amendment shall be denied by any Town
official or board for any parcel that is in violation of this chapter.
A.
No permit for the erection of any building shall be
issued unless a street giving access to such proposed structure is
an existing street or appears on a recorded plat approved by the Planning
Board.
B.
No such permit shall be issued unless such street
has been suitably improved or a performance guarantee has been posted
to cover the full cost of such improvement.
C.
No certificate of occupancy shall be issued unless
the lot has suitable access from an existing public or private street.
A.
No public or Town street utility or improvement shall
be constructed in any street until it has become a public street and
all involved agencies have issued their approvals.
B.
Subject to the discretion of the Town Board, a subsurface
utility or improvement operated for revenue by the Town Board or by
a special district may be constructed in a private street, provided
a public easement satisfactory to the Town Board is obtained for such
utility or improvement.
