In their interpretation and application, the regulations of this chapter shall be considered to be the minimum provisions for the protection and promotion of public health, safety, morals, convenience, comfort, prosperity, esthetics, and other aspects of general welfare. It is hereby declared to be the legislative intent that this chapter shall always be interpreted in a way that promotes the purposes set forth in the declaration of purpose (Article
II) and regarded as remedial to help in providing for all residents of the Village of Hillburn the benefits of orderly physical development of the community, and this chapter shall therefore be construed liberally to further its stated underlying purposes and goals.
This chapter is not intended to supersede or nullify any statute,
ordinance, regulation, easement, private agreement, covenant or other
legal relationship, private or public, in effect prior to the adoption
of this chapter. However, wherever the provisions of such other statute,
ordinance, regulation, easement, private agreement, covenant or other
legal relationship, private or public, are inconsistent with any provisions
of this chapter, then those provisions which are the most restrictive
or impose higher standards shall take precedence.
This chapter is not intended to abrogate or annul any building permits or certificates of occupancy issued before the effective date of this chapter, except as provided in §
250-41E below.
No building or structure or sign in any district shall be erected,
reconstructed, restored, enlarged, relocated, altered, used or moved,
in whole or in part, to another site without a building permit. A
building permit shall be duly issued upon application to the Code
Enforcement Officer and upon payment of the required fee in accordance
with the schedule of fees of the Village of Hillburn. A building permit
shall be issued only if the proposed construction or use is in full
conformity with all provisions of this chapter and all other applicable
regulations of the Village of Hillburn, the New York State Uniform
Fire Prevention and Building Code and any other applicable county
or state requirements. Any such permit issued in violation of the
provisions of this chapter shall be null and void and of no effect
without the necessity for any proceedings for revocation or nullification
thereof, and any work undertaken or use established pursuant to any
such permit shall be unlawful.
A. Required information. Every application for a building permit shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required. In the case of accessory buildings, the Code Enforcement Officer may waive such of the requirements set forth in Subsection
A(1) through
(5) below as may be deemed to be superfluous.
(1) The actual shape, dimensions, radii, angles, and area of the lot
on which the building is proposed to be erected or, if an existing
building, of the lot on which it is situated.
(2) The exact size and locations on the lot of the building or buildings
proposed to be erected or altered and of all other existing buildings
on the same lot, if any.
(3) The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
(4) The existing and intended use of all buildings, existing or proposed,
the use of land, and the number of dwelling units, if any, the building
is designed to accommodate.
(5) Such other information with regard to the building, the lot, or neighboring
lots as may be necessary to determine that the proposed construction
will conform to the provisions of this chapter.
B. Site plan approval. No building permit shall be issued for any building
that is subject to site plan or special use permit approval by the
Planning Board, except in conformity with the approval issued by the
Planning Board. No permit shall be issued for a building that is permitted
subject to a variance granted by the Zoning Board of Appeals except
in accordance with all conditions which may have been prescribed by
the Zoning Board of Appeals.
C. Code Enforcement Officer review. The Code Enforcement Officer shall,
within 30 days after the filing of a complete and properly prepared
application incorporating all required approvals, including site plan,
special use permit and/or variances, either issue or deny a building
permit. If a permit is denied, the Code Enforcement Officer shall
state the reason for such denial on two copies of the application
and shall return one copy to the applicant.
D. Expiration of permit. If any construction, alteration, enlargement
or other work authorized under a building permit is not begun within
120 days from the date of its issuance, such permit shall expire.
Otherwise, building permits shall expire one year from the date of
issuance. The Code Enforcement Officer may authorize in writing not
more than two consecutive 120-day extensions because of the occurrence
of conditions unforeseen at the time of issuance of such permit.
E. Zoning amendment. If this Zoning chapter is amended after issuance
of a building permit in such a way as to make a proposed use nonconforming
as to use or bulk and no substantial work has been undertaken on the
structure or foundations, the building permit shall be invalid. However,
if all footings have been installed before the effective date of such
zoning amendment, and if construction is continuing at the time, the
proposed use may be completed as authorized in the building permit,
subject to expiration of such permit.
Whenever a request for a building permit provides for the erection,
installation, modification, enlargement or repair of a septic or sewage
treatment facility, no building permit shall be issued unless the
applicant shall have first obtained the approval of the Rockland County
Health Department.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any such building or
structure or land is used in violation of this chapter, the enforcing
officer or other proper Village authority, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful act, condition or use, in order to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises. All issues in any action or proceeding for
any of the purposes herein stated shall have preference over all other
civil actions and proceedings.
Any person or persons aggrieved or allegedly aggrieved by a
decision, determination, act or refusal to act of a body or officer
exercising judicial, quasi-judicial, administrative or corporate functions
relating to this chapter may petition for relief to a proper court
of law in accordance with the provisions of Article 78 of the Civil
Practice Laws and Rules of the State of New York.