The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Code Enforcement Officer (CEO),
who shall have such powers as are conferred upon him by this chapter.
The CEO shall be appointed by the Town Board and shall carry out any
directives from the Board relative to the duties of the position set
forth below. The CEO shall receive such compensation as the Town Board
shall determine. Any duly authorized assistant or deputy to the CEO
shall have the same duties and powers as the CEO.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A building permit shall be a prerequisite for the
erection or alteration of a building, structure or use thereof or
for the change in the use of any land area or existing building. Permits
issued pursuant to this section shall expire in 12 months. The CEO
may grant an extension for time of completion and include any conditions
or requirements deemed necessary or desirable. Applicants shall justify
the need for the proposed extension. Unless such an extension is requested
and approved, further work as described in the canceled permit shall
not proceed until a new permit has been obtained. If a project is
not initiated within six months of the issuance of the permit, the
permit issued shall be considered null and void.
A. Building permits.
(1)
The CEO is hereby empowered to issue a building permit for any
plans regarding the construction, alteration or demolition of any
building or part of any building; or the change in the use of any
land area or part thereof; or for the change in use of any existing
building, where the CEO determines that such plans are not in violation
of the provisions of this chapter.
(2)
No building or structure shall be erected, moved, added to or
structurally altered or changed in use without a building permit issued
by the CEO. No permit shall be issued by the CEO except in conformity
with the provisions of this chapter, unless the CEO receives a written
order from the Zoning Board of Appeals in the form of an administrative
review or variance as provided by this chapter.
B. Temporary dwelling permit. The CEO is hereby empowered to issue temporary
dwelling permits as specified herein:
(1)
A temporary dwelling permit may be approved to enable the placement
of a manufactured home dwelling unit on a lot; provided, further,
that:
(a)
The applicant first obtains a building permit to erect a dwelling
unit on said lot in accordance with Town regulations.
(b)
The applicant identifies the interim water supply and sewage
disposal for the manufactured dwelling unit.
(c)
The applicant agrees to remove said manufactured dwelling unit
and any interim water supply and sewage disposal no later than one
year from the first issuance of the temporary use permit.
(2)
A temporary use permit for the placement of a manufactured home
dwelling unit may be issued only for one year and may be renewed for
one additional year; provided, further, that construction on the dwelling
unit on said lot is at least 50% completed to the satisfaction of
the CEO at the time of permit renewal.
C. Certificate of compliance.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance shall have
been issued therefor by the CEO stating that the proposed use of the
building or land conforms to the requirements of this chapter.
(2)
Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article
XVI.
D. The CEO shall inspect the premises of a use authorized and approved
with a special use permit not less than one time each calendar year.
The inspection shall determine that the use is being operated consistent
with the terms and conditions established by the permit. If the CEO
determines that the conditions are not in compliance with the permit,
the CEO shall nullify the special use permit and set forth the procedures
and requirements for reestablishing the use. The use may not be operated
until a new application is submitted and approved.
Each application for a site development or a special use permit
shall be made in quadruplicate and accompanied by a site plan. The
materials to be submitted with each application shall clearly show
the conditions on the site at the time of the application, the features
of the site which are to be incorporated into the proposed use or
building and the appearance and function of the proposed use or building.
The application shall include the following information and plans
for both "before" and "after" conditions:
A. The location, design, dimensions, use and height of each proposed
building and yard area.
B. Property boundaries, as shown on an accurate map drawn to scale,
including the precise location of the center line of the road, dimensions,
North arrow and date.
C. A general location map showing the location of the property in relation
to adjacent parcels.
D. The location and arrangement of vehicular accessways, and the location,
size and capacity of all areas to be used for off-street parking.
E. Information to describe topography and natural grades.
F. Provisions for water supply, sewage disposal and storm drainage.
G. The location of fire hydrants.
H. The location and design of outdoor lighting facilities.
I. The location and design of construction materials of all proposed
signs.
J. The location and capacity of all areas to be used for loading and
unloading, and the distance to the nearest intersection.
K. The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
L. The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping.
M. The location of fire and other emergency zones.
N. The location of any easements or rights-of-way.
O. Other elements integral to the proposed development as considered
necessary by the CEO or the Planning Board, including a property survey,
any and all requirements to comply with the SEQRA regulations, other
community impacts and the identification of any state or county permits
required for the execution of the project.
P. The location of any EPOD on the site.