A.
The Town Board shall appoint or authorize the Town Clerk or other
official or body to administer the provisions of this chapter.
B.
This enforcement official or body shall in no case, except under
written order of the Board of Appeals, grant any building permit or
certificate of occupancy for any building or premises where the proposed
construction, alteration or use thereof would be in violation of any
provision of this chapter.
C.
The Enforcement Officer is hereby authorized to issue and to serve
an appearance ticket with respect to violations of the provisions
of this chapter. Any such appearance ticket, so issued, shall be served
personally.
[Added 9-15-1986 by Ord. No. 86-4]
Building permits, certificates of occupancy, temporary permits and certificates of existing use shall be issued by the administrative or enforcement officer in accordance with the requirements of this chapter when the application for the same is in compliance with § 600-13 of this chapter.
The Town Board shall appoint a Board of Appeals pursuant to
statute, and the Board of Appeals so appointed shall be vested with
full powers and duties conferred by § 267 of the Town Law.
Such Board shall exercise the powers and functions in the manner now
or hereafter prescribed in the Town Law. Where there are practical
difficulties or unnecessary hardships in carrying out the strict letter
of this chapter, the Board of Appeals shall have the power in passing
upon appeals to vary or modify the application of any of the regulations
or provisions of this chapter relating to the use, construction, reconstruction
or alteration of buildings or structures, or the usage of the land,
so that the spirit of this chapter is observed, public welfare and
safety secured, substantial justice done and unnecessary hardships
avoided.
[Added 2-8-1995 by Ord. No. 1-1995]
A.
Prior to the issuance of a permit for the following purposes, the
applicant shall pay to the Town the following nonrefundable fees:[1]
B.
Prior to acceptance of an application for the following purposes,
the applicant shall pay to the Town the following nonrefundable fees:
|
Type
|
Fee
| |
|---|---|---|
|
Appeal from determination of the Enforcement Officer
|
$25
| |
|
Use or area variance
|
$25
| |
|
Special permit
|
$25
| |
|
Site plan review
|
No charge
| |
|
PUD development plan review
|
See § 600-53
|
[Added 9-9-2003 by L.L. No. 3-2003]
In the review of any applications, the Planning Board, Zoning
Board of Appeals and the Town Board may refer any application presented
to them to such engineering, planning, lighting, legal, technical
or environmental consultant as the Boards shall deem reasonably necessary
to enable them to review the application as required by law. Charges
made by these consultant(s) shall be in accord with the charges usually
made for such services in the Broome County region or pursuant to
an existing contractual agreement between the Town and the consultant.
The developer shall reimburse the Town for the cost of the consultant
services upon submission of a voucher. The same consultants shall
be used in any review requested regarding the same application by
the Planning Board, Zoning Board of Appeals and the Town Board, and
these consultants shall prepare one report providing the data, information,
and recommendations requested. In all instances, duplications of consultants'
reports shall be avoided wherever possible in order to minimize the
cost of the consultants' report to the applicant.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or any regulations made
pursuant thereto, in addition to other remedies provided by law, any
appropriate action or proceeding, by legal process, may be instituted
or taken to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to restrain, correct
or abate such violation; to prevent the occupancy of said building,
structure or land; or to prevent any legal act, conduct, business
or use in or about such premises.
It is recognized that the future growth and the development
of the Town may be such as to require changes and modifications in
the provisions of this chapter. In accordance with §§ 264
and 265 of the Town Law, the Town Board may, from time to time on
its own motion or on petition, after public notice and hearing, amend,
supplement or change the regulations or the districts herein established,
and may adopt rules and regulations for the purpose of interpreting
and carrying this chapter into effect.
[Amended 5-25-1983 by L.L. No. 6-1983[1]]
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.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity and
general welfare. It is not intended, by this chapter, to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises, or upon
heights of buildings, or requires larger open spaces than are required
by other ordinances, rules, regulations or permits, or by easements,
covenants or agreements, the provisions of this chapter shall govern.
The provisions of this chapter shall not apply to the Village
of Port Dickinson.
