[L.L. No. 4-2006, § 1]
10-1.1.
Building Permits. No building or structure in any district shall
be erected or structurally altered without a building permit duly
issued, upon application, by the Building Inspector, as provided in
the Building Code.
10-1.1.1.
No building permit shall be issued for any building where the
site plan of such building is subject to approval by the Planning
Board except in conformity with the plans approved by said Board.
10-1.2.
Certificate of Occupancy.
10-1.2.1.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Building Inspector,
as provided in the Building Code:
10-1.2.2.
Every certificate of occupancy in connection with which a variance
has been granted shall contain a detailed statement of such variance
and of any conditions to which the same is subject.
10-1.3.
Violations and Penalties.
10-1.3.1.
Any owner, lessee, contractor, agent or other person who uses
or maintains, or causes to be used or maintained, any building or
premises or any part thereof in the Village for any purpose other
than the uses permitted therefor in this chapter, or who erects, enlarges,
alters or maintains, or causes to be erected, enlarged, altered or
maintained, any building or any part thereof in the Village except
in conformity with the provisions of this chapter, or who uses or
maintains, or causes to be used or maintained, any building or any
part thereof in the Village which has been erected, enlarged or altered
other than in conformity with the provisions of this Zoning Ordinance
shall be subject to a minimum fine of $450 and a maximum fine of $750.
Each and every day that a violation continues shall constitute a separate
offense. The provisions of this section, and the provisions establishing
penalties for violating this chapter set forth elsewhere, shall supersede
the provisions of the New York State Village Law to the extent that
they are inconsistent therewith.
10-1.3.2.
If any owner, lessee, contractor, agent or other person fails
to abate any violation of this Zoning Ordinance within five calendar
days after written notice has been served personally upon said owner,
lessee, contractor, agent or other person, or within 10 days after
written notice has been sent to said person by first class mail and
certified mail, return receipt requested, at said owner's, lessee's,
contractor's agent's or other person's home or business address, said
owner, lessee, contractor, agent or other person shall be subject
to a civil penalty of $100 for each and every day that said violation
continues, recoverable by suit brought by the Village and to be retained
by it.
10-1.3.3.
Any said violation of this chapter may also be enjoined pursuant
to law.
10-1.3.4.
The remedies provided for herein shall be cumulative and shall
be in addition to any other remedies provided by law.
10-2.1.
This chapter or any part thereof may be amended, supplemented
or repealed, from time to time, by the Board of Trustees on its own
motion or on petition, as provided in the Village Law.
10-2.2.
Each petition for a zoning amendment shall be accompanied by
such fee as shall be otherwise prescribed, payable to the Village
Clerk upon the filing thereof. If no hearing is held, the fee shall
be refunded to the petitioner in full. No fee shall be required for
petitions filed in favor of or against a pending application.
10-3.1.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Where this chapter Imposes greater restrictions upon the
use of buildings or premises or upon the height of buildings or requires
larger yards, courts or other open spaces than are imposed or required
by existing provisions of law or ordinance or by any other rules,
regulations or permits, adopted or issued at any time, the provisions
of this chapter shall control. Wherever the requirements of this chapter
differ from the requirements of another ordinance, the more drastic
shall govern.
10-3.2.
In the event of conflict in the terminology of any section or
part thereof of this chapter, the more restrictive provisions shall
control.
10-4.1.
Should any section or provision of this chapter be decided by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
10-4.2.
Should this chapter in its entirety be decided by the courts
to be unconstitutional or invalid, the Zoning Ordinance of 1930, with
its amendments, shall be deemed to have remained in effect.
[L.L. No. 1-2013, § 4]
10-5.1.
The fees for applications to the Planning Board and Zoning Board
of Appeals are to be established by the Village Board at a public
meeting and shall be posted in the Building Department and Village
Clerk's office.
10-5.2.
Escrow accounts.
10-5.2.1.
At the time of submission of any application, or during the review
process, the reviewing board may require the establishment of an escrow
account from which withdrawals shall be made to reimburse the Village
for the cost of professional review services. The applicant shall
then provide funds to the Village for deposit into such account in
an amount to be determined by the Building Department based on its
evaluation of the nature and complexity of the application. The applicant
shall be provided with copies of any Village voucher for such services
as they are submitted to the Village.
10-5.2.2.
Where the Building Department establishes an escrow account for an
application, the reviewing board shall not be required to consider
that application until the deposit required under this chapter has
been made.
10-5.2.3.
When the balance in such escrow account is reduced to 1/4 of its
initial amount, the applicant shall deposit additional funds into
such account to bring its balance up to the amount of the initial
deposit. If such account is not replenished within 30 days after the
applicant is notified, in writing, of the requirement for such additional
deposit, the reviewing board may suspend its review of the application.
10-5.2.4.
A building permit or certificate of occupancy shall not be issued
unless all professional review fees charged in connection with the
applicant's protect have been reimbursed to the Village.
10-5.2.5.
After all pertinent charges have been paid, the Village shall refund
to the applicant any funds remaining on deposit.
10-6.1.
This chapter shall take effect 10 days after publication and
posting following the adoption thereof by the Board of Trustees of
the Village of Tuckahoe in the manner provided by the Village Law,
except that this chapter shall take effect from the date of its service
as against a person served personally with a copy hereof, certified
by the Village Clerk and showing the date of its passage and entry
in the minutes.
