In applying and interpreting this chapter, 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.
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.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
D.
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.
A.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
Building Code or any rules or regulations adopted or issued thereunder
or any other provisions of law or ordinance or regulations existing
or as may be adopted in the future when not in conflict with any of
the provisions of this chapter. Nor is it intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that when this
chapter imposes a greater restriction upon the use of buildings, structures,
premises, lots or land, or upon the height of buildings or structures
or requires larger lots, yards, courts or other open spaces than imposed
or required by such other provisions of law, ordinance or regulation
or by such easements, covenants or agreements, the provisions of this
chapter shall control.
B.
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on any subdivision plat
filed in the office of the County Clerk or within any federal, state,
County or municipal street or highway.
A.
It shall be the duty of the Building Inspector to
administer and enforce the provisions of this chapter.
B.
Should said Building Inspector be in doubt as to the
meaning or intent of any provision of this chapter or as to the location
of any district boundary line on the Zoning Map or as to the propriety
of issuing a building permit or a certificate of occupancy in a particular
case related to the provisions of this chapter, he shall appeal the
matter to the Board of Appeals for interpretation and decision.
C.
The Building Inspector shall adopt rules of procedure,
consistent with this chapter, for the purpose of assuring efficient
and uniform administration of its provisions.
D.
If the Building Inspector should mistakenly issue
a building permit which violates the provisions of this chapter, that
building permit shall be invalid.
A.
All procedure with respect to applications for and
issuance of building permits shall be in conformity with the provisions
of the Building Code. All such applications shall be accompanied by
such other information as may be necessary to determine and provide
for the enforcement of this chapter.
B.
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration, restoration,
repair or moving of any building or structures or part thereof, unless
the plans and intended use indicate that such building or structure
is designed and intended to conform in all respects to the provisions
of this chapter.
C.
Where a lot is formed from part of an existing lot,
whether already improved or not, the separation must be effected in
such a manner that neither of the lots, nor any existing or proposed
improvements thereon, contravene the provisions or intent of this
chapter.
D.
After completion of footings and establishing of the
forms on the first course of the foundation walls or equivalent structure,
the owner shall notify the Building Inspector. If required by the
Building Inspector, the owner shall cause a survey to be made by a
licensed land surveyor, showing the true location of such foundation
walls with respect to the lot lines of the lot, and a copy of such
survey shall be filed with the Building Inspector before construction
is continued.
[Amended 11-2-2005 by L.L. No. 6-2005]
A.
Site plan approval required. No building permit or
certificate of occupancy shall be issued for any building, structure,
use or change in use, other than for a single-family residence or
its permitted accessory buildings, structures or uses, unless the
Planning Board has previously approved a site plan pursuant to this
section. Continued compliance with the approved final site plan and
conditions of approval shall be a requirement of the continued validity
of any building permit and certificate of occupancy.
B.
Site plan review. The purpose of site plan review
and approval is to secure compliance with the purposes and provisions
of this chapter and with professional design practice for site improvements,
including, but not limited to, location and dimensions of buildings,
drainage, erosion control, sidewalks, curbing, parking, means of access,
landscaping, buffering, fences, storage, signs, grading, utilities,
impact on adjacent land uses and other elements that reasonably relate
to the health, safety and general welfare of the community.
C.
Site plan contents.
(1)
Site plans shall be prepared by a legally qualified
professional licensed in the State of New York and shall comply with
accepted engineering and construction principles and practices and
with all applicable laws, rules and regulations.
(2)
A site plan shall contain the following information:
(a)
A detailed development plan showing the applicant's
entire property, lot area, adjacent properties and owners thereof,
and streets, at a convenient scale.
(b)
The location, width and purpose of all existing
and proposed easements, restrictions, covenants, reservations and
setbacks.
(c)
The proposed location, use and exterior design
of all buildings and structures, together with relevant floor areas
and elevations.
(d)
Any proposed division of buildings or structures
into units or separate occupancies.
(e)
The existing topography and proposed grades
and elevations, watercourses, marshes, areas subject to flooding,
designated wetlands, wooded areas, large trees, rock outcrops and
any other existing natural site features.
(f)
The number, location and nature of all parking
and truck loading areas with access and egress drives and curb cuts,
together with appropriate profiles.
(g)
The location of outdoor storage areas, if any.
(h)
The location of all existing and proposed site
improvements, including drains, culverts, retaining walls, fences
and sidewalks.
(i)
A description of the method of sewage disposal
and water supply, location of such facilities and impact on community
sewage and water systems.
(j)
The location, size and illumination of signs.
(k)
The location and design of lighting facilities.
(l)
The location and proposed development of landscaping,
screening and buffer areas.
(m)
A tree preservation plan to ensure that land
stripping techniques are not used to develop the site.
(n)
An erosion control plan.
(o)
If the site plan shows only a first stage of
development, a supplementary plan which shall indicate ultimate development.
(p)
Any other pertinent information deemed necessary
by the Planning Board to determine conformity of the site plan with
the intentions of this chapter.
D.
Waiver. Specific requirements of Subsection C above may be waived by resolution of the Planning Board. In waiving any requirement, the Planning Board shall set forth the reason for said waiver. A copy of said resolution shall be forwarded to the Board of Trustees for its information.
E.
In the case of special exception use or variance applications,
the site plan shall be the subject of a preliminary review by the
Planning Board before Board action is taken on the special exception
use or variance application.
F.
The building permit application and building permit
shall comply with all site plan, special exception use and variance
approvals and conditions of approvals, as the case may be.
A.
Nothing in this chapter 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 this chapter or any amendment thereto affecting such building
or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall
have been begun and diligently prosecuted within three months of the
effective date of this chapter or any such amendment thereto.
(2)
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
this chapter or any such amendment thereto.
A.
It shall be unlawful to use or permit the use of any
building, structure, premises, lot or land, or part thereof, hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, after the effective date of this chapter or of any building,
structure, premises, lot or land, or part thereof, of which the use
is changed until a certificate of occupancy has been obtained by the
owner, as provided for under the Building Code.
B.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration, restoration, repair or moving
of such building or structure or part thereof and the intended use
thereof are in conformity in all respects with the provisions of this
chapter.
C.
The Building Inspector shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article VI and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article XI.
[Amended 6-16-1987 by L.L. No. 6-1987]
Fees for building permit applications and for
issuance of building permits and certificates of occupancy shall be
established by resolution of the Board of Trustees.
A.
Where a violation of this chapter is determined to
exist, the Building Inspector shall serve notice by certified mail,
return receipt requested, on the owner, agent or contractor of the
building, structure or lot where such violation has been committed
or shall exist, and on the lessee or tenant of the part of or of the
entire building, structure or lot where such violation has been committed
or shall exist, and on the agent, architect, contractor or any other
such person who takes part or assists in such violation or who maintains
any building, structure or lot in which any such violation shall exist.
B.
Such notice shall require the removal of the violation
within 10 days after service of the notice.
C.
In cases where the removal of the violation within
10 days would be manifestly impossible, the Building Inspector shall
apply to the governing body of the municipality for a determination
as to a reasonable period of time within which such violation shall
be removed.
D.
If those persons notified shall fail to remove such
violation within the allotted time period, the Building Inspector
shall charge them with such violation of this chapter before the appropriate
court of law.
E.
Criminal penalties. Any person who violates any provision of this
chapter shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine in an amount no less than $250 or by
a term of imprisonment of not more than 15 days, or both for a first
violation; in an amount not less than $250 nor more than $700 or a
term of imprisonment of not more than 15 days, or both for a second
violation committed within a period of five years of the first violation;
and in an amount of not less than $700 nor more than $1,000 or a term
of imprisonment of not more than 15 days, or both for a third and
each subsequent violation committed within a period of five years
of the first violation. Each day that a violation of or failure to
comply with any provision of this chapter occurs shall constitute
a separate and distinct violation.
[Amended 4-1-1998 by L.L. No. 1-1998; 5-7-2012 by L.L. No.
2-2012]
F.
Civil penalties.
[Added 5-7-2012 by L.L. No. 2-2012[1]]
(1)
In addition to and not in lieu of the above, any person who violates
any provision of this chapter shall be liable to the Village for a
civil penalty in an amount no less than $250 for a first violation;
in an amount not less than $250 nor more than $700 for a second violation
committed within a period of five years of the first violation; and
in an amount of not less than $700 nor more than $1,000 for a third
and each subsequent violation committed within a period of five years
of the first violation. Each day's continued violation shall constitute
a separate and distinct violation.
(2)
Civil penalties may be ordered in any action or proceeding by any
court of competent jurisdiction, including but not limited to state
and federal courts. All penalties shall be paid to the Village.
(3)
The judgment amount of any civil penalty ordered pursuant to this
section, if not paid, may be assessed and levied against the real
property which is the subject of the penalty and collected in the
same manner as a real property tax.
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection F as Subsection G.
G.
In addition to and not in lieu of the remedies authorized above,
the Board of Trustees or the Building Inspector or Code Enforcement
Officer may institute any appropriate action or proceeding to prevent,
restrain, enjoin, correct or abate any violation or threatened violation
of this chapter or to enforce any provision of this chapter.
[Amended 5-7-2012 by L.L. No. 2-2012]
