(a) 
Fee schedule.
Building permit fees, inspection fees and other fees shall be as established in the fee schedule in appendix A of this code.
(b) 
Refunds.
There will be no refunds of building permit fees except in the following instances:
(1) 
When it is determined that the permit was issued due to an error by the division of building inspection, a full refund may be authorized;
(2) 
When determined that a permit cannot be legally issued; or
(3) 
In cases where the building permit has been issued and a fee paid with no portion of the work started; however, the town will, in any case, retain $50.00 or the total amount paid if less than $50.00.
(c) 
Exemptions.
No permit fee or plans checking fee is required for work involving buildings or structures if the title is directly vested in the U.S. government, the state, the county, the town or the public school district.
(d) 
Commencing work without permit.
Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such fees shall not relieve the person from fully complying with the requirements of the applicable code or ordinances and [in] the execution of the work nor from any other [requirements] prescribed in such code or ordinance.
(e) 
Valuation estimate.
The valuation estimate is not used in determining the permit fee for new construction (building area is used). The dollar value of the proposed work is important to accurately report the total activities in the town. It shall be the present best estimate of the total market value (all of the owner’s cost, including contractors’ overhead and profit) of the proposed construction work (excluding new land cost).
(f) 
Additional permits.
A new building permit covers work to be done during new construction which is included on the plans submitted. Work done after the final inspection has been made for said permit will require an additional permit as repair, alteration, and additions or finishing of shell buildings or other specific permits or miscellaneous permits.
(g) 
Enforcement; penalty.
(1) 
Any person or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction in the municipal court shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense, and each and every day any violation shall continue shall be deemed to constitute a separate offense.
(2) 
No public or private utility service or authority, including but not limited to electrical, natural gas, butane, water and sanitary sewer, shall be connected to, used by or otherwise consumed at, for or in premises or buildings which are built, transported, moved, used, occupied or vacated within the town unless all fees designated by this section and required by the ordinances of the town have been paid in full. No permit shall be issued unless all conditions and requirements of the town, including but not limited to the building and construction codes and zoning ordinances, have been complied with by the applicant. It is and shall be unlawful for the applicant to obtain or use the aforementioned utility services without full compliance with this section.
(Ordinance 133-10-2000, secs. I(C)–(G), II, adopted 10/2/00; Ordinance 139-11-2001, secs. I(C)–(G), II, adopted 11/5/01; Ordinance 157-2-2004, secs. I(C)–(G), II, adopted 2/2/04; Ordinance 181-8-2006, secs. I(C)–(G), II, adopted 8/7/06; Ordinance adopting Code)
(a) 
Building permit fee.
The building permit fee for nonresidential construction in the town is as set forth in the fee schedule in appendix A of this code. In addition, any reasonable expense incurred by the town to review drainage plans, traffic impact analysis studies, or legal requirements in association with a nonresidential project may be billed to, and shall be reimbursed by, the permit applicant. Nonresidential means all structures not intended for residential dwelling. Public and private schools are considered nonresidential.
(b) 
Certificate of occupancy.
Nonresidential structures may not be occupied until they receive a certificate of occupancy. A certificate of occupancy shall not be issued by the town unless, and until, all required approvals of the town for the building, improvements, parking areas, road and drainage improvements, and any other necessary improvements are completed, inspected, and approved. An exception to this rule would require a bond payable to the town of an amount sufficient for the town to pay for the improvements in the event the permit applicant fails, or refuses, to complete the work.
(Ordinance 245-3-12 adopted 2/6/12; Ordinance 246-4-12 adopted 3/5/12; Ordinance adopting Code)
(a) 
Broadcast towers.
(1) 
Definition.
For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:
Broadcast tower.
Any tower supporting 1 or more antennae that transmit or receive any portion of an electromagnetic spectrum for which a federal communication license is required for its operation.
(2) 
Building and special use permits required.
No broadcast tower may be erected within the town limits without the owner or erector of the tower first obtaining a building permit from the town after obtaining the granting of a special use permit for the tower.
(3) 
Restriction on number.
No more than one broadcast tower may be erected on any tract of land containing five acres or less total surface area.
(4) 
Restrictions on height.
No broadcast tower may be erected at a height greater than 35 feet unless a variance to this height restriction is granted upon sufficient presentation to the town of appropriate plans and specifications certified by a licensed structural engineer of the state, which are to be reviewed and evaluated by the town engineer.
(5) 
Setback requirements.
All broadcast towers must be set back from all property lines of at least 1.5 times the maximum height of the tower.
(6) 
Interference with radio and television reception.
No broadcast tower shall be operated in a manner so as to interfere in any manner with the reception of commercial television and radio programming normally and regularly received into the homes of the citizens of the town.
(7) 
Exemptions.
Broadcast towers owned or operated by the town for the purpose of providing radio communications for the town’s fire or police department are exempt from the requirements of this section.
(b) 
Other structures.
No other structure, as that term is defined in the town zoning ordinance, may exceed the height of 40 feet without first obtaining a building permit from the town after obtaining the granting of a special use permit. An application for a special use permit shall describe the address, location, type of structure, building materials, and any and all other information which may be required by the town engineer and/or the mayor and/or the town council to evaluate the proposed structure. Issuance of the special use permit must be approved by a majority of the town council.
(c) 
Penalty.
Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed five hundred dollars ($500.00), plus court costs.
(Ordinance 263-02-2014 adopted 3/25/14)