[Amended 1-22-2014 by L.L. No. 1-2014]
A. When required. A building permit shall be required prior to the erection,
alteration, demolition, moving or addition to any building or structure.
It shall be unlawful for any person to commence work requiring a building
permit until such approval has been duly issued. One permit shall
be required which shall cover the zoning requirements and any other
building codes. No building permit shall be issued until site plan
approval is granted if required by the Planning Board or until a variance,
if needed, is issued by the Zoning Board of Appeals.
B. Application. Every application for a building permit shall be accompanied
by an instrument survey map certified by a licensed surveyor and drawn
to scale which shows the following:
(1) The lot upon which the building is proposed to be erected or on which
it is situated if an existing building.
(2) Lot dimensions, lot number and subdivision name, if any.
(3) Names and widths of abutting roads or streets.
(4) Locations, dimensions and proposed use of the building for which
the permit is sought and use of land in connection therewith.
(5) Setback measurements from front, side and rear lot lines in relation
to the building for which the permit is sought and the distance of
the proposed building from any existing building on the same lot.
(6) The location of the garage, septic tank and leaching beds, water
well or source of water supply.
(7) Details of the means to be used to drain surface water from the lot
indicating the location of drains.
(8) The elevation of the center line of the road or street upon which
the proposed construction is to occur, certified to the nearest 1/10
of a foot, together with the proposed finished first floor elevation
certified to the nearest 1/10 of a foot.
C. Review and action. No permit shall be issued until the Building Inspector
has certified that the proposed application complies with the provisions
of all applicable local laws. The Building Inspector shall provide
a permit card to be posted on the site, visible from the street and
open to inspection the entire time of prosecution of the work.
D. Upon the completion of the construction of the footings or after
the placement of precast concrete or wooden basement foundation walls,
a certified survey confirming the basement floor elevation as being
in compliance with the approved subdivision plan shall be submitted.
No further construction shall occur until such time as the provisions
of this article have been complied with.
E. Time limits. Building permits shall expire 12 months after the date
of issuance. If the work for which a permit has been issued is not
commenced within six months after the date of issuance or, if following
commencement of such work, ceases for a period exceeding 90 days,
or such longer period as the Building Inspector may authorize, in
writing, due to the occurrence of conditions unforeseen at the time
of issuance of the permit, the permit shall expire and a new permit
shall be required before work is commenced or recommenced. A building
permit which has become invalid or which expired pursuant to this
subsection may be renewed upon application by the permit holder, payment
of the applicable fee and approval of the application by the Building
Inspector.
F. Refusal. If a permit is refused, the Building Inspector shall state
such refusal, in writing, with the cause and shall mail notice of
such refusal to the applicant. The applicant may then appeal the decision
to the Zoning Board of Appeals.
G. Effect. The issuance of a permit shall in no case be construed as
waiving any provision of this chapter.
The requirements and procedures for conditional and special use permits are contained in Article
XI of this chapter.
Where site plan review is required by this chapter, the standards of Chapter
254, Subdivision of Land, shall apply as to application procedures and review criteria.
Plats showing lots, blocks or sites which are subject to review pursuant to the Town's subdivision regulations shall continue to be subject to such review and shall not be subject to review under this section. The requirements and procedures for subdivision approval are found in Chapter
254, Subdivision of Land.
The State Environmental Quality Review (SEQR) process shall
be considered as an understood procedure for the review of all actions
before the Town Board, Planning Board or Zoning Board of Appeals.
SEQR approval must be obtained, where required, before any permits
or approvals may be issued by any of the Boards.
Whenever the circumstances of proposed development require compliance
with several sections of this chapter or with any other local law,
ordinance or requirement of the Town, the Boards shall attempt to
integrate, as appropriate, the reviews required by this chapter with
the procedural and submission requirements for such other compliance.
The Zoning Board or Planning Board may consult with the Building
Inspector, Fire Marshal, Conservation Board, Monroe County Department
of Planning and Development and the Town Engineer, as well as other
local and county officials, representatives of federal and state agencies
and consultants who may have opinions or technical knowledge regarding
a pending application.
Where a provision of this chapter is found to be in conflict
with any provision of any law or ordinance of the Town existing at
the time of adoption of this chapter, then the provision which establishes
the higher standard for the protection of health, safety and welfare
shall prevail.
This chapter may from time to time be amended, supplemented,
changed or modified in accordance with the requirements of the New
York State Town Law.