It shall be the duty of the Code Enforcement Officer (CEO),
to be appointed by the Town Board, to enforce the provisions of this
chapter. The Code Enforcement Officer (CEO) shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this chapter, record and file
all applications for permits with accompanying plans and documents
and make such reports as the Town Board may require. Permits for construction
and uses which are special uses shall be issued only upon written
order of the Planning Board. Permits for construction and uses which
require a variance to requirements of this chapter shall be issued
only upon written order of the Zoning Board of Appeals.
A.
General procedures. All persons desiring to undertake any new construction, structural alteration (including demolition) or changes in the use of a building or lot shall apply to the Code Enforcement Officer (CEO) for a building permit and/or certificate of use by filling out the appropriate application form and by submitting the required fee. (In the case of special uses, the application shall be forwarded to the Planning Board in accordance with § 300-8.3 of this chapter.) The Code Enforcement Officer (CEO) shall either issue or deny the permit. If the permit is denied, the Code Enforcement Officer (CEO) shall specify those sections of this chapter to which the permit application does not comply. After a permit has been approved by the Code Enforcement Officer (CEO), the applicant may proceed to undertake the action permitted in the permit and, upon completion of such action, shall apply to the Code Enforcement Officer (CEO) for issuance of a certificate of use. If the Code Enforcement Officer (CEO) finds that the action of the applicant has been taken in accordance with the permit, he shall issue a certificate of use allowing the premises to be occupied for the permitted use.
B.
Required permits. A zoning permit and/or certificate of use shall
be required prior to the erection, addition, demolition, replacement
or alteration of any building or portion thereof; prior to the use
or change of use of a building or land; and prior to the change or
extension of a nonconforming use. It shall be unlawful for any person
to commence work for the erection or alteration of any building or
for a change in land use until a permit has been duly issued thereof.
The following classes of permits may be issued:
(1)
Principal permitted and accessory uses. A zoning permit or a
certificate of use for a principal permitted use or an accessory use
may be issued by the Code Enforcement Officer (CEO) on his own authority.
(2)
Special use/site plan approval. A zoning permit or a certificate
of use for a special use/site plan may be issued by the Code Enforcement
Officer (CEO) after review and approval by the Planning Board.
(3)
Variances. A zoning permit or a certificate of use for a use
or structure which requires a variance may be issued by the Code Enforcement
Officer (CEO) only upon order of the Zoning Board of Appeals.
(4)
Temporary permits. A temporary permit may be authorized by the
Town Board and issued by the Code Enforcement Officer (CEO) for a
nonconforming structure or use which the Town Board deems necessary
to promote the proper development of the community, provided that
such a nonconforming structure or use shall be completely removed
upon expiration of the permit for a specified period of time not to
exceed one year and may be renewed annually for an aggregate period
not exceeding three years from the date the temporary permit is first
issued. Temporary permits for purposes of demolishing a structure
may be issued by the Code Enforcement Officer (CEO) and shall be for
a period not to exceed 60 days.
C.
Activities not requiring permits. Certain uses or activities shall
not require permits although such uses or activities shall meet any
applicable standards of this chapter, provided however, that this
article shall under no circumstances supersede the requirements of
the NYS Uniform Fire Prevention and Building Code. These uses and
activities include the following:
D.
Application for permits. All applications for permits shall be accompanied
by the information required in this section. All applications with
accompanying plans and documents shall become a public record after
a permit is issued or denied.
(1)
Plot plan. A plot plan in duplicate, drawn to show:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact size and location of any buildings existing on the
lot.
(c)
The lines within which the proposed building or structure is
proposed for erection or alteration.
(d)
The existing and intended use of each building or part of a
building.
(e)
The number of families or dwelling units the building is designed
to accommodate.
(f)
Such other information deemed necessary by the Town to determine
compliance with this chapter.
(2)
SEQRA and other information. Documentation necessary to determine
compliance with the New York State Environmental Quality Review Act
(SEQRA),[1] and all other information deemed necessary by the Town
to determine compliance with this chapter.
[1]
Editor's Note: See Environmental Conservation Law Art. 8, § 8-0101
et seq.
(3)
Subdivision regulations. Applications for uses which also necessitate
approvals under the Town of Tusten Subdivision Regulations[2] shall be processed in the manner provided therein for
plan approval and shall contain all information or data normally required
for a submission under those regulations.
E.
Fees.
(1)
The Town Board shall by resolution establish and periodically
update a uniform schedule of fees, charges and expenses, as well as
a collection procedure for zoning permits, special use/site plan permits,
variances and other matters pertaining to this chapter. Such fees
may include the assessment to the applicant of all professional costs
incurred by the Town in regard to any application.
(2)
Said schedule of fees shall be posted in the office of the Code
Enforcement Officer (CEO) and/or the Town Clerk. Permits, special
uses/site plans and variances shall be issued only after fees have
been paid in full, and the Zoning Board of Appeals shall take no action
on appeals until all charges have been paid in full.
F.
Action on permit applications.
(1)
It shall be the duty of the Code Enforcement Officer (CEO) to
issue a zoning permit, provided that he is satisfied that the structure,
building, any signs, parking area of the premises and the proposed
use thereof conform with all the requirements of this chapter and
that all other reviews and actions, if any are called for in this
chapter, have been complied with and all necessary approvals secured
thereof. The following procedures shall be observed:
(a)
Issuance of permit. All zoning permits shall be issued in duplicate
and one copy shall be kept conspicuously on the premises affected
and protected from the weather whenever construction work is being
performed thereon. No owner, contractor, workman or other person shall
perform any building operations of any kind unless a zoning permit
covering such operation is displayed as required by this chapter,
nor shall be perform building operations of any kind after notification
of the revocation of said zoning permit.
(b)
Denial of permit. When the Code Enforcement Officer (CEO) is
not satisfied that the applicant's proposed development will
meet the requirements of this chapter, he shall deny the zoning permit
application.
(c)
Inspection by the Code Enforcement Officer (CEO). It shall be
the duty of the Code Enforcement Officer (CEO), or his duly appointed
representative, to make the following minimum number of inspections
on property for which a permit has been issued:
[1]
At the beginning of construction. A record shall
be made indicating the time and date of the inspection and the finding
of the Code Enforcement Officer (CEO) in regard to conformance of
the construction with plans submitted with the application for the
building. If the actual construction does not conform to the application,
a written notice of the violation shall be issued by the Code Enforcement
Officer (CEO), and such violation shall be discontinued. Upon proper
correction of the violation and receipt of written notice from the
Code Enforcement Officer (CEO), construction may proceed.
[2]
At the completion of construction. A record shall
be made indicating the time and date of the inspection, and the findings
of the Code Enforcement Officer (CEO) in regard to the issuance of
a certificate of use. Nothing herein shall, however, preclude the
Code Enforcement Officer (CEO) from making such additional inspections
as are deemed necessary to establish conformance with this or other
Town regulations.
(d)
Expiration and renewal. A zoning permit shall expire after 18
months if the applicant fails to implement his application as filed
with the Code Enforcement Officer (CEO). A zoning permit may be renewed
by the Code Enforcement Officer (CEO) not more than two times, and
each renewal shall not exceed a period of six months.
(2)
Revocation. If it shall appear at any time to the Code Enforcement
Officer (CEO) that the application or accompanying plot plan is in
any material respect false or misleading, or that work is being done
upon the premises differing materially from that specified in the
application filed with him under existing laws or ordinances, he may
forthwith revoke the zoning permit, whereupon it shall be the duty
of the permit holder to surrender it and all copies thereof to the
Code Enforcement Officer (CEO). After the zoning permit has been revoked,
the Code Enforcement Officer (CEO) may, at his discretion, before
issuing a new zoning permit, require the applicant to file an indemnity
bond in the favor of the Town of Tusten with sufficient surety, conditioned
for compliance with this chapter and all building laws and ordinances
then in force, and in a sum sufficient to cover the cost of removing
the building if it does not so comply.
G.
Approvals by the Planning Board, Town Board, or Zoning Board. In
any instance when an approval is granted by the Planning Board, Town
Board or Zoning Board of Appeals, the acting Board may require their
approval be periodically renewed. Such renewal shall be granted following
due public notice and hearing, and may be withheld only upon determination
by the Code Enforcement Officer (CEO) to the effect that such conditions
as may have been prescribed by the respective Board in conjunction
with the issuance of the original approval have not been, or are being
no longer, complied with. In such cases a period of 60 days shall
be granted the applicant for full compliance prior to the revocation
of said permit.
H.
Certificate of use. A certificate of use shall be a statement issued
by the Code Enforcement Officer (CEO) setting forth either that a
building, structure or parcel of land complies with the provisions
of this chapter, or that a building or structure lawfully may be employed
for specified uses under the provisions of this chapter, or both.
The certificate of use under this chapter is separate from any permit
or certificate issued pursuant to the NYS Uniform Fire Prevention
and Building Code.
(1)
Requirement. No vacant land shall be occupied or used, and no
structure or part of a structure, hereafter erected, structurally
altered or changed in use shall be occupied or used until a certificate
of use shall have been regularly issued therefore by the Code Enforcement
Officer (CEO).
(2)
Structures. A certificate of use, either for the whole or part
of a new structure, or for the alteration of an existing structure
shall be applied for coincident with the application for a zoning
permit, and shall be issued within 30 days after the erection or alteration
of such structure or part thereof shall have been completed in conformity
with the provisions of this chapter, provided the applicant has given
the Code Enforcement Officer (CEO) timely notice of completion of
the project in order to facilitate the inspection of the same.
(3)
Land and change of use. A certificate of use for the use of
vacant land or for a change in the use of land, or for a change in
the use of an existing structure, shall be applied for and issued
before any such land or structure shall be occupied or used or such
land or structure shall be changed in use, and such certificate of
use shall be issued within 30 days after application has been made,
provided such proposed use is in conformity with the provisions of
this chapter.
(4)
Nonconforming uses. A certificate of use for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of use shall be issued pursuant to the requirements of Article IX of this chapter.
(5)
Records. A record of all certificates of use shall be kept on
file in the office of the Code Enforcement Officer (CEO) and a copy
shall be furnished, on request, to any person having a proprietary
or tenancy interest in the structure or land affected.
(6)
House numbers. No certificate of use shall be issued until a
house number meeting the requirements of emergency service providers
and the enhanced 911 system has been posted.
A.
Violations. It shall be unlawful to erect, construct, reconstruct,
alter or maintain or use any building or structure or to use any land
in violation of any provisions of this chapter. Failure, refusal,
or neglect in complying with the provisions of this chapter; failure,
refusal, or neglect to secure a permit, or certificate of use, when
required, prior to the erection, construction, extension, or addition
to a building or structure shall be a violation of this chapter.
B.
Notice of violation and termination. When written notice of a violation
of any of the provisions of this chapter has been served by the Code
Enforcement Officer (CEO) or his designee on the owner, occupant,
contractor, or any other person using or occupying said property,
continued violation of this chapter shall be terminated immediately.
A.
Enforcement. A violation of this chapter is hereby declared to be
an offense punishable by a fine to be established by the Town Board
for a first offense. All offenses beyond a first offense shall be
punishable by a fine established by the Town Board or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors and for such
purpose only, all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
B.
Remedies. In case any building or structure is erected, constructed,
reconstructed, altered, converted, or maintained or any building,
structure or land is used, or any land is divided into lots, blocks,
or sites in violation of this chapter or other regulation made under
authority conferred thereby, the Town Board and/or Code Enforcement
Officer (CEO), in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use or division
of land, to restrain, correct or abate such violation, to prevent
any illegal act, conduct, business or use in or about such premises,
and upon the failure or refusal of Town officials to institute any
such appropriate action or proceedings for a period of 10 days after
written request by a resident taxpayer of the Town of Tusten so to
proceed, any three taxpayers of the Town residing in the district
wherein such violation exists, who are jointly or separately aggrieved
by such violation, may institute such appropriate action or proceeding
in like manner as such Town Officials are authorized to do so.
