[Amended 5-1-1986 by L.L. No. 4-1986]
The Town Planning Board, in accordance with the provisions of § 278 of New York State Town Law, as amended or changed, is empowered, simultaneously with the approval of a plat or plats pursuant to Chapter 204, Subdivision of Land, to modify applicable dimensional provisions of this chapter. The Town Planning Board shall make such modifications based on a finding that such modifications will enable and encourage a flexibility of design and development of land in such a manner so as to promote the most desirable and appropriate use of land; facilitate the adequate and economical provision of streets and utilities; and/or will preserve and protect the natural and scenic qualities of open land, as well as the unique and sensitive environmental areas within the Town.
[Amended 5-1-1986 by L.L. No. 4-1986; 9-27-2005 by L.L. No. 10-2005]
Any person aggrieved by any decision by the
Town Planning Board or by the issuance of a special use permit by
the Town Board may apply to the New York State Supreme Court for
review by a proceeding under the provisions of Article 78 of the Civil
Practice Law and Rules. Such proceedings must be instituted within
30 days after the filling of a decision of such Board in the office
of the Town Clerk.
This chapter shall be enforced by the Building
Inspector. No building permit or certificate of occupancy shall be
granted by him or her for any purpose, except in compliance with the
provisions of this chapter and all other applicable provisions of
the Code of the Town and laws and rules and regulations of the State
of New York and any other authority having jurisdiction.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Building Inspector. All applications for such permits shall be in accordance with the requirements of Chapter 98, Building Construction and Fire Prevention and this chapter. No permits shall be issued for additions to dwellings where such additions will increase the total ground floor area to beyond 150% of the minimum floor area designated for all residential districts as indicated in Articles IV, V, VI and VII.
B.
Issuance of new certificate. Upon the written request
from the owner, the Building Inspector shall issue a certificate of
occupancy for any existing lawful nonconforming use and occupancy
of a building or land after verification by an inspection of the same,
provided that there are no violations of law or orders of the Building
Inspector or Board of Appeals pending at the time of issuing such
certificate.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirement
adopted for the promotion of the public health, morals, safety or
the general welfare. Whenever the requirements of this chapter or
sections thereof are at variance with the requirements of any other
lawfully adopted rules, regulations, ordinances or other sections
of this chapter, the most restrictive or that imposing the higher
standards shall govern.
[Amended 2-4-1997 by L.L. No. 1-1997]
The Town Board may, from time to time, on its
own motion or on petition or on recommendation of the Planning Board,
amend, supplement, change, modify or repeal this chapter pursuant
to the provisions of the Town Law applicable thereto. Every such proposed
amendment shall be referred to the Planning Board for a report prior
to the public hearing thereon. If the Planning Board fails to report
therein within 62 days after referral, the Town Board may act without
such report.
