A.
This chapter shall be deemed to prescribe minimum
requirements.
B.
Except to the extent that it amends the provisions
of the Zoning Law of the Village of Scarsdale in effect immediately
prior to the effective date of this Code, this chapter shall not be
deemed to amend, repeal or impair any requirement in any ordinance
or law or in any deed restriction or covenant or in any other undertaking
among private persons, but no provision in any such ordinance, law,
restriction, covenant or undertaking shall be deemed to justify noncompliance
with any provision in this chapter.
[Amended 3-14-1989 by L.L. No. 6-1989]
It shall be the duty of the Building Inspector
and he hereby is given the authority to enforce the provisions of
this chapter.
The Building Inspector, in the discharge of
his duties, shall have authority to enter any building or premises
at any reasonable hour.
[Amended 3-14-1989 by L.L. No. 6-1989]
The Village Manager may, at any time, designate
a Deputy Building Inspector, who, during the absence or disability
of the Building Inspector, shall exercise the powers and perform the
duties of the Building Inspector.
A.
Any owner, lessee, contractor, agent or other person
who uses or maintains, or causes to be used or maintained, any building
or premises or any part thereof in the Village for any purpose other
than the uses permitted therefor in this chapter or who erects, enlarges,
alters or maintains, or causes to be erected, enlarged, altered or
maintained, any building or any part thereof in the Village, except
in conformity with the provisions of this chapter, or who uses or
maintains, or causes to be used or maintained, any building or any
part thereof in the Village which has been erected, enlarged or altered
other than in conformity with the provisions of this chapter or who
otherwise violates, or causes to be violated, any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
week the offense is continued, a separate and distinct offense hereunder.
[Amended 3-14-1989 by L.L. No. 6-1989]
B.
If any person fails to abate any violation of this
chapter within five calendar days after written notice has been served
personally upon said person or within 10 days after written notice
has been sent to such person by registered mail at such person's home
or business address, the Building Inspector may revoke any building
permit or certificate of occupancy for any building or structure on
the premises on which such violation occurs, and such person shall
be subject to a civil penalty of $100 for each and every day that
such violation continues, recoverable by suit brought by the Village
and to be retained by it.
[Amended 10-9-1962; 3-14-1989 by L.L. No. 6-1989]
C.
Any violation of this chapter may also be enjoined
pursuant to law.
[Amended 3-14-1989 by L.L. No. 6-1989]
D.
The remedies provided for herein shall be cumulative
and shall be in addition to any other remedies provided by law.
[Amended 3-28-1961]
No building shall be erected, enlarged or altered structurally unless, in addition to compliance with the requirements of Chapter 132, Building Construction and Fire Prevention, of this Code, the owner or lessee of the premises files or causes to be filed with the Building Inspector, before such erection, enlargement or alteration is commenced, a plan, in duplicate, (11 copies in connection with applications subject to referral to the Board of Architectural Review under Chapter 18 of this Code), drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the principal building and accessory buildings to be erected, enlarged or altered and such other information as may be reasonably necessary to determine compliance with the provisions of this chapter.
[Amended 10-9-1962]
A.
It shall be unlawful to use or permit the use of any
building or premises or part thereof hereafter erected, changed, converted
or enlarged, wholly or partly, in its use or structure unless a certificate
of occupancy therefor shall have been issued by the Building Inspector
and unless such certificate of occupancy has not been suspended or
revoked. Such certificate shall show that such building or premises
or part thereof and the proposed use thereof are in conformity with
the provisions of this chapter.
B.
The Building Inspector is hereby authorized to issue
certificates of occupancy for residential principal and accessory
structures that do not meet the front, side and rear yard setback
requirements of this chapter or previous codes, provided that the
nonconforming portion of the structure was constructed pursuant to
a building permit issued prior to April 1, 1947, and provided further
that the nonconformity does not exceed 12 inches for principal structures
and does not exceed six inches for accessory structures. The Village
regulations in effect at the time of issuance of the building permit
will be used to determine the above twelve-inch or six-inch dimension.
[Added 4-12-1994 by L.L. No. 2-1994[1]]
C.
It shall be the duty of the Building Inspector to issue a certificate of occupancy as promptly as practicable and, in any case, within 10 days after an application for such certificate shall have been filed in his office by any owner, after having determined that the building and premises and the proposed use thereof conform to all the requirements of this chapter and of Chapter 132, Building Construction and Fire Prevention, of this Code.
D.
Each application for a certificate of occupancy shall
be accompanied by a fee to be set by resolution of the Board of Trustees.
[Amended 3-14-1989 by L.L. No. 6-1989]
Irrespective of the other provisions of this chapter, any building for which the Building Inspector has, prior to the date when this chapter becomes effective, issued a permit authorizing its erection and the foundation footings of which have been completed prior to such date may be completed pursuant to such permit and used for a purpose permitted by this chapter for the district in which such building is located, provided that the construction of such building is completed within one year from the date when such permit was issued, and subject to compliance with the provisions of Article X of this chapter.
[Added 1-14-1997 by L.L. No. 1-1997]
A.
For the purposes of defraying administrative costs
involved in the review of applications and appeals and the costs of
legal notices required by law, all applications and appeals shall
be accompanied by a fee, payable to the Village of Scarsdale, as established
by the Village Board.
B.
For the purposes of defraying administrative costs
involved in the review and costs of legal notices required by law,
all applications or petitions requesting any amendment or change to
these zoning regulations, the zoning districts or zoning district
boundaries shall be accompanied by a fee, payable to the Village of
Scarsdale, as established by the Village Board.
C.
The Village Board, the Board of Appeals or the Planning Board, in the review of any application for a nonresidential use as set forth in this chapter, or the Planning Board for the review of any application for a subdivision, may refer any such application presented to it to such engineering, planning, legal, technical or environmental consultant or other professionals as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accord with fees usually charged for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. All such charges shall be paid by the Village upon submission of a detailed statement. The applicant shall reimburse the Village for the cost of such professional review services upon submission of a copy of the statement, or at the discretion of the reviewing board, in accordance with § 310-98D of this chapter. In the event that an application is required to be reviewed by both the Village Board and the Planning Board, to the extent practicable, to avoid duplications in order to minimize the cost of such consultants and reports to the applicant, the Village Board shall select a consultant who shall in such case prepare one report providing the data, information and recommendations requested. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Village law or regulation.
[Amended 3-23-1999 by L.L. No. 3-1999]
D.
At the time of the first consideration of any application
for a nonresidential use or for a subdivision as set forth in this
chapter, the reviewing board may require the establishment of an escrow
account or accounts from which withdrawals shall be made to reimburse
the Village for such cost of professional review services, including,
without limitation, such cost of professional review services provided
under the State Environmental Quality Review Act,[1] 6 NYCRR 617, and Chapter 152 of the Village Code.
[Amended 3-23-1999 by L.L. No. 3-1999]
(1)
The applicant shall provide funds to the Village for
deposit into such account(s), in an amount to be determined by the
reviewing board, based on its evaluation of the nature and complexity
of the application.
(2)
The applicant shall be provided with copies of any
statement for such services when such statements are submitted to
the Village.
(3)
A building permit or certificate of occupancy shall
not be issued unless all professional review fees charged in connection
with the applicant's project have been reimbursed to the Village.
After all pertinent charges have been paid, the Village shall refund
any funds remaining on deposit to the applicant.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
