[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be enforced by the Town officer(s)
and designees designated by the Town Board to enforce such Zoning
Laws and/or Land Development Regulations, including the Code Enforcement
Officer(s). No building permit or certificate of occupancy shall be
issued except where all the provisions of this chapter have been complied
with.
A.
Required. No building or structure shall be erected,
added to or structurally altered until a permit therefor has been
issued by the Building Inspector or designee. Except upon a written
order of the Board of Appeals, no such building permit or certificate
of occupancy shall be issued for any building where said construction,
addition or alteration or use thereof would be in violation of any
of the provisions of this chapter. Any building permit not exercised
within one calendar year from the date of its issue shall become null
and void.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Upon site plan approval as required by Chapter 151, Subdivision of Land; Site Plan Review, such plans shall be signed by the Building Inspector and engineer for the Town and shall be subsequently filed by the owner in the Wayne County Clerk's office.
C.
No building permit applications shall be submitted
and no building permit shall be issued:
[Amended 2-3-2005 by L.L. No. 2-2005]
(1)
Unless site plan approval and/or subdivision approval has been obtained in compliance with Chapter 151, Subdivision of Land; Site Plan Review.
(2)
For the construction of a home or accessory building
on an approved building lot (approved as part of subdivision review
process or approved as part of site plan review process), wherein
the plans for the home and/or accessory building indicate an access
door leading to the outside unless there is sufficient space available
for safe access (as required by New York State Building Codes) to
the ground without violating the applicable setback regulations set
forth in the Zoning Law of the Town of Walworth.
D.
Drawings and/or specifications. There shall be submitted
with each building permit application a set of structural drawings
and/or specifications for the proposed building indicating compliance
with the latest revision of the New York State Uniform Fire Prevention
and Building Code.
E.
The building permit shall be issued only after payment
of the applicable fee or fees set forth from time to time by Town
Board resolution and on file in the office of the Town Clerk, except
when waived by the Town Board.
[Amended 4-5-2001 by L.L. No. 2-2001; 3-7-2002 by L.L. No.
2-2002; 3-20-2003 by L.L. No. 1-2003; 6-16-2005 by L.L. No.
3-2005; 3-4-2010 by L.L. No. 1-2010]
F.
Escrows. An escrow shall be required in connection
with the following applications/proposals, and shall be deposited
with a building permit application. Should the work associated with
the building permit not be completed within a reasonable amount of
time, and if after reasonable notice by the Building Inspector the
work remains incomplete after a period of time to cure, the Town may
make use of said escrow funds to complete the work required by the
permit. The required amount of the escrow is set forth at the Town
of Walworth Fee Schedule on file with the Walworth Town Clerk, which
amount has been and shall be determined by Town Board resolution.
The following building permit proposals shall require an escrow deposit:
[Amended 11-5-2015 by L.L. No. 5-2015]
[Amended 11-5-2015 by L.L. No. 5-2015]
In the event where the Town, its engineer or
any other person contracted by the Town has to reinspect the property
and/or any other project work having been performed at said property
for any reason, the person or entity requesting the initial inspection
shall pay to the Town a reinspection fee for each reinspection set
forth at the Town of Walworth Fee Schedule on file with the Walworth
Town Clerk, which fee has been and shall be determined by Town Board
resolution.
[Amended 3-20-2002 by L.L. No. 1-2003]
A.
Required. No land shall be occupied or used and no
building hereafter erected, altered or extended or changed in use
shall be occupied or used until a certificate of occupancy or certificate
of compliance shall have been issued by the Building Inspector, stating
the buildings or proposed use thereof complies with the provisions
of this chapter.
B.
Nonconforming use. No nonconforming use shall be maintained,
renewed, changed or extended without a certificate of occupancy or
certificate of compliance (certificate of existing use therefor) first
issued by a Building Inspector.
C.
Application. All certificates of occupancy or certificates
of compliance shall be applied for coincident with the application
for a building permit. Said certificate shall be issued by the Building
Inspector within 10 days after the erection or alteration having been
approved as complying with the provisions of this chapter and the
applicable building code. No certificate of occupancy or certificate
of compliance shall be issued by the Building Inspector under any
circumstances unless the applicant meets the criteria set forth in
this chapter and unless the applicant provides the building inspector
with a letter of compliance from the applicant's builder that the
applicable codes of the State of New York, as promulgated by the Department
of State, including the manufacturer's material and installation specifications,
have been compiled with and the owner acknowledges in writing that
the owner has received the letter of compliance.
D.
Records. The Building Inspector shall maintain a record
of all certificates, and copies shall be furnished upon request to
any person.
E.
Application required before permit may be granted.
No permit for excavation, for the erection or alteration or repairs
to any building shall be issued until an application has been made
for a certificate of occupancy or certificate of compliance.
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and basis thereof shall be
filed with the Building Inspector. He/she shall record properly such
complaint, investigate, make a written report and take action thereon
as provided by this chapter.
