In applying and interpreting this article, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
or the general welfare. The following specific regulations shall apply:
A. Use of required yard for another building. A minimum
required lot or yard size for one building or structure shall not
be used in whole or in part as any part of a required lot or yard
for a second structure.
B. Reduction of lot or yard. The required lot or yard
for an existing building or structure shall not be diminished below
the minimum requirements of this article.
C. Parking spaces. The parking spaces required for one
building or structure shall not be included in the computation of
required parking spaces for a second building or structure or use.
D. Underwater land. Underwater land shall not be included
in the computation of minimum lot area, and underwater land shall
not be included within any minimum required front, side or rear yard.
[Added 5-22-2006 by L.L. No. 3-2006]
A. It is necessary that all permittees of all building
permits issued within the Town of Highlands provide to the site of
the construction proper and safe access for both construction vehicles
and equipment, as well as emergency vehicles. To ensure this condition,
the applicant/developer shall maintain access which will, at minimum,
consist of a firm and unyielding gravel base to the site of the construction,
capable of providing access to such vehicles as referenced herein.
B. For proposed Town roadways, the access shall be constructed
in accordance with the Street Specifications of the Town. Prior to
the issuance of a building permit, the applicant/developer shall have
completed an acceptable proof roll, as further described in the Street
Specifications, and shall have installed the full foundation course
and all related utility work necessary for the placement and acceptance
of the roadway foundation course. Prior to the issuance of a certificate
of occupancy, the applicant/developer shall have completed the binder
course of asphalt pavement for the roadway.
C. For proposed private roadways, the access shall be
constructed in accordance with the Street Specifications of the Town.
Prior to the issuance of a building permit, the applicant/developer
shall have completed an acceptable proof roll, as further described
in the Street Specifications, and shall have installed the full foundation
course and all related utility work necessary for the placement and
acceptance of the roadway foundation course. Prior to the issuance
of a certificate of occupancy, the applicant/developer shall have
completed the binder course of asphalt pavement for the roadway.
D. The Building Inspector and/or Code Enforcement Officer
shall require the establishment of an escrow deposit to reimburse
the Town for the professional review or inspection fees charged in
connection with the review of the building permit application by an
engineer, environmental expert, legal counsel and/or other professional
as the Building Inspector shall deem reasonably necessary to assist
it in the review of such application. The applicant shall then provide
funds to the Town for deposit into such account in an amount determined
by the Building Inspector and/or Code Enforcement Officer and approved
by the Town Board. The applicant shall be provided with copies of
the Town vouchers for such services as they are submitted to the Town.
The applicant shall deposit additional funds into such account to
bring its balance up to 100% of the amount of the full escrow deposit
by the last day of each month. No building permit shall be issued
unless all professional review fees charged in connection with the
review of the applicant's project have been reimbursed to the Town
and a new escrow account has been established to cover all post-approval
review costs, including but not limited to inspection of construction
of roads and driveways. No certificate of occupancy shall be issued
unless all professional review fees charged in connection with the
post-approval inspection and review of the project have been reimbursed
to the Town. No refunds of any funds remaining on deposit in escrow
shall be issued until after all pertinent professional review charges
have been paid and the final certificate of occupancy has been issued
to the project or, where applicable, public improvements have been
accepted by the Town and any applicable maintenance period has expired.
Nothing in this article shall require any change
in the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of the ordinance from which this article is derived, or any amendment
thereto, affecting such building or structure, or the use thereof,
provided that:
A. Diligent prosecution. The construction of such building
or structure shall have been begun and diligently prosecuted within
three months of the effective date of the ordinance from which this
article is derived, or any such amendment thereto.
B. Completion. The entire building or structure shall
be completed according to such filed and approved plans upon which
the issuance of such permit was based, within one year from the effective
date of the ordinance from which this article is derived, or any amendment
hereto.
C. Revocation of permit. In the event that either condition of Subsection
A or
B or this section is not complied with, such building permit shall be revoked by the Code Enforcement Officer.
[Amended 6-23-1988 by L.L. No. 1-1988; 3-10-1998 by L.L. No.
1-1998]
Fees for building permits, certificates of occupancy
and other permits, searches or documents issued or furnished by the
Town Code Enforcement Officer shall be as set by resolution of the
Town Board from time to time.
[Added 5-13-2002 by L.L. No. 3-2002]
A. In its review of a site plan and/or a subdivision
pursuant to its powers found in Article 16 of the Town Law and, in
particular, §§ 274-a, 276, and 277 of the Town Law
of the State of New York, and in furtherance of the rules and regulations
of the Planning Board, the Planning Board, in its sole discretion
and pursuant to an evaluation for present and anticipated future needs
for park and recreational facilities in the Town, may find that the
proposed site plan or subdivision presents a proper case, or that
a proper case exists in each specific application for site plan review
or subdivision approval, for requiring that a park or parks be suitably
located for playgrounds and other recreational purposes within the
Town.
B. If it has been found and determined that there are
defined portions of such land available for recreational and park
facilities on the site of the proposed subdivision or proposed site
plan, such lands shall be set aside for such recreational use by the
applicant, and such lands shall be conveyed by the applicant to the
Town to be used forever for such recreational uses. If there be no
such approved site, the Planning Board may, upon making the findings
and authorizations contained herein and as a condition of the approval
of the site plan and/or subdivision, make an evaluation of the present
and anticipated future needs for park and recreational facilities
based on project population growth to which the particular site plan
will contribute, and direct the applicant to pay to the Town the following
sums of money to be used for the development of parklands, playgrounds
and other recreational purposes and for no other purpose, the said
monies to be deposited in a trust fund to be used exclusively for
such park, playground or other recreational purposes, including the
acquisition of property for such use.
C. Fees are required to be paid and deposited in full
at the time of final subdivision or site plan approval, and no subdivision
plat or site plan shall be signed by the authorized officer of the
Planning Board until such payment is made. The fees shall be based
on the number of residential units within the subdivision or as shown
on the site plan and shall be fixed at $1,500 per residential unit.
[Amended 7-10-2006 by L.L. No. 6-2006]
D. For purposes of the above subsection, residential
units include a one-family residential home, apartments intended for
one-family use intended for occupancy by one-family, each co-op unit,
each condominium unit and each unit held subject to a homeowners'
association.
[Added 5-22-2006 by L.L. No. 3-2006]
A. A violation of this article, and any failure to comply
with an order to remedy or stop-work order after due service, and
any violation of any requirement of this chapter or any statement,
plan, application, permit or certificate approved or issued under
the provisions of this chapter shall be considered an offense punishable
by a fine of not more than $350 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; and, upon
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed three
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 of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both.
B. If applicable, additional or alternative penalties
may be as prescribed in New York State Executive Law § 382
or New York State Multiple Residence Law § 304.
C. Each week's continued violation under this section
shall constitute a separate additional violation.
D. Any person, including any firm, corporation or other
entity, owner, builder, architect, engineer, tenant, contractor, subcontractor,
construction superintendent, agent or other person, who shall violate
any provision of this chapter or fail to comply with an order to remedy
or stop-work order or who shall violate any other regulation made
under authority conferred thereby or who shall assist therein shall
be guilty of an offense as set forth in § 268 of the Town
Law and shall be liable upon conviction to a fine or imprisonment,
or both, as provided herein.