No development or improvement permitted by this
chapter, including accessory and temporary uses, may be established
or changed, no structure shall be erected, constructed, reconstructed,
altered, razed or removed and no building used, occupied or altered
with respect to its use after the effective date of this chapter until
a certificate of zoning compliance has been secured from the Code
Enforcement Officer. Nothing herein shall relieve any applicant of
the additional responsibility of seeking any permit required by any
applicable statute, ordinance or regulation in compliance with all
of the terms of this chapter. Such applications shall be made in triplicate
on forms designated by the Town.
[Amended 4-24-2017 by L.L. No. 2-2017]
No land shall be occupied or used, and no building
hereafter erected, altered or extended shall be used or changed in
use, until a certificate of occupancy shall have been issued by the
Enforcement Officer, stating that the buildings or proposed use thereof
complies with the provisions of this chapter. No certificate of occupancy
shall be issued to a commercial building unless it has a Knox-Box.
All applications for building permits or special permits, except for one- and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or general farming use, shall be accompanied by an approved site plan, as set forth under Article
XII.
[Amended 4-9-2007 by L.L. No. 1-2007; 5-24-2010 by L.L. No.
3-2010]
A. The Town
of Newstead shall appoint a Planning Board consisting of seven members
and up to three alternate members appointed by the Town Board who
shall be constituted and empowered as set forth in § 271
of the Town Law, as amended from time to time, with the following
exception. The alternate members shall also be authorized to participate
not only in situations where a regular member of the Planning Board
has a conflict, as provided for in § 271 of the Town Law,
but also where a Planning Board member is absent for any other reason.
All alternate members shall be entitled to participate in deliberations
but the Chairman of the Planning Board shall designate at the beginning
of the meeting as to which alternate member or members shall be entitled
to vote if more alternate members are present than regular members
are absent.
B. The Town
Board, as a condition of appointment, requires each Planning Board
member, including alternate members, complete the training and continuing
education requirements as set forth in the Town Law together with
any additional training requirements adopted by the Town of Newstead.
C. The terms
of office of the seven regular members shall be as set forth in § 271
of the Town Law. The alternate members of the Planning Board shall
be appointed for terms as specified by the Town Board at the time
of their appointment. The provisions for removal from office shall
be those specified in Local Law No. 2 of the year 2010, entitled "Local
Law Establishing Training Standards for Planning Board and Zoning
Board of Appeals Members of the Town of Newstead."
D. Each
member appointed to the Planning Board, including the alternate members,
shall be required to attend at least 75% of the regularly scheduled
meetings of the Planning Board and shall not fail to attend more
than three consecutive regularly scheduled meetings in any calendar
year. Failure to meet these attendance standards shall be ground
for removal by the Town Board.
E. The Planning
Board shall have the powers and duties as set forth pursuant to § 271
of the Town Law but the alternate Planning Board members shall be
entitled to participate not only when one or more of the regular
members has a conflict but also when one or more of the regular members
are absent for any reason.
[Amended 2-27-1989 by L.L. No. 1-1989; 4-24-1997 by L.L. No.
1-1997]
Fees shall be set by the Town Board of the Town
of Newstead by resolution from time to time and filed with the office
of the Code Enforcement Officer of the Town of Newstead. A complete
listing of fees shall be made available upon request.
[Amended 12-27-2012 by L.L. No. 10-2012]
A. Any person
who violates any provision of this chapter or any regulation adopted
hereunder is guilty of a violation, punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both,
for the first violation; a fine not less than a minimum of $350 and
a maximum of $700 or imprisonment for a period not to exceed 15 days,
or both, for a second violation within five years; and a fine not
less than a minimum of $700 and a maximum of $1,000 or imprisonment
for a period not to exceed 15 days or both, for a third or subsequent
violation within five years. Each week's continued violation shall
constitute a separate violation.
B. If fines
imposed for violation of this chapter are not paid within 60 days
following their imposition, such fines shall be assessed against the
real property upon which such violation occurred and shall be levied
and collected in the same manner as provided for in Article 15 of
the Town Law for the levy and collection of special ad valorem assessments.
[Added 4-24-2017 by L.L.
No. 2-2017]