Except as hereinafter provided:
A.
No building, other structure or land shall hereafter
be used or occupied and no building or other structure or parts thereof
shall be erected, relocated, altered, extended or enlarged unless
in conformity with the use, height and area regulations specified
herein for the district in which such building, other structure or
land is located and in conformity with all other regulations of this
chapter.
B.
No lot area shall be reduced or diminished so that
the yards or other open space thereon shall be less than prescribed
by this chapter, nor shall the density of population be increased
in any manner except in conformity with area requirements herein established.
If at the time of the adoption of this chapter or of any subsequent
amendments increasing the area or open space requirements the lot
area or required open spaces are less than the minimum required by
this chapter, such area or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for
the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space required on any other
lot.
The regulations of this chapter shall not be
construed as to limit or interfere with the dedication, development
or use of any land or building for public parks, other public recreation
areas or public schools required for compulsory education or with
the use of land or buildings owned by the United States of America,
the State of New York, the County of Erie or the Town of Concord or
the Village of Springville and used for governmental purposes.
A.
Inspector; services required.
(1)
Payment of inspector; bond or cash deposit required.
Any petitioner for the establishment of any special improvement district,
the improvements in which are, pursuant to the petition or by order
of the Concord Town Board, to be installed at no expense to the Town
of Concord or the district, shall be required to pay for the services
of an inspector appointed by the Town of Concord during the installation
of the improvements and shall, before commencing the work, furnish
a bond or cash deposit in an amount to be determined by the Concord
Town Board to ensure payment of such inspector.
(2)
Notification to inspector. Any such petitioner shall
be required to notify the inspector before commencing the work and
keep such inspector advised of the work installation schedule in order
that the work may be properly and fully inspected at all stages of
installation.
(3)
Scope of section. These requirements shall also apply
to the installation of any road or highway deeded or offered to be
deeded to the Town of Concord for public purposes and shall also apply
to any other installation or improvements which the Concord Town Board
shall require to be made as a condition of its approval of any subdivision
map or the issuance of any building permit.
B.
Construction procedures; permit required; fee. No
person, firm, association or corporation shall install, construct
or perform any work incident to the installation and/or construction
of a public improvement upon real property in the Town of Concord
without first having obtained a permit therefor, to be issued by the
Concord Town Clerk with the approval of the Concord Town Board after
certification by the Concord Town Consulting Engineer that the plans
and specifications as submitted by the applicant comply with the specifications
and requirements of the Town of Concord. The fee for such permit shall
be as established by the Town Board.[1]
[1]
Editor's Note: See Ch. 162, Fee Schedule.
C.
Application for permit. The application for such permit
shall be made on forms furnished by the Town of Concord and shall
contain such information as the Town Consulting Engineer of the Town
of Concord shall require to determine that the proposed improvement
will conform to the specifications and requirements of the Town of
Concord for such proposed improvement.
D.
Map and specifications to accompany application. All
applications shall be accompanied by a map or survey, together with
specifications, prepared by a professional engineer duly licensed
by the State of New York, one copy of which shall be filed with the
Town Consulting Engineer and the Superintendent of Highways.
E.
Specifications supplied by Concord Town Consulting
Engineer. The Concord Town Consulting Engineer shall provide such
applicant with a set of standard specifications and requirements of
the Town of Concord for such work, for which a charge per copy, as
established by the Town Board, shall be made, and no work shall be
performed except in accordance therewith.
F.
Inspector to supervise work. No work shall be performed
except under the supervision and inspection of an inspector designated
by the Concord Town Consulting Engineer and approved by the Concord
Town Board. The wages or fees of such inspector shall be fixed and
paid to the Town of Concord prior to the issuance of such permit.
G.
Security required; forfeiture.
(1)
If public improvements, as defined by this section,
are to be installed or constructed upon real property to which the
Town of Concord has title or will acquire title thereto, the holder
of the public improvement permit, before commencing any work in connection
therewith, shall submit to the Town Clerk of the Town of Concord one
of the following forms of security for approval by the Town of Concord:
(a)
Bond.
[1]
A bond executed by a solvent surety corporation
as surety authorized to do business in the State of New York, in a
sum equal to 10% of the cost of the work to be performed, as determined
by the Concord Town Consulting Engineer, shall be provided, which
bond shall be approved by the Town of Concord, guaranteeing faithful
performance of all work in accordance with the specifications and
requirements of the Town of Concord.
[2]
Such bond shall remain in full force and effect
until the certificate of completion and satisfactory compliance with
this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described bond shall be
forfeited to the Town of Concord.
(b)
Irrevocable letter of credit.
[1]
An irrevocable letter of credit supplied by
a bank authorized to do business in the State of New York, in a form
acceptable to the Town of Concord and in a sum equal to 10% of the
cost of the work to be performed, as determined by the Concord Town
Consulting Engineer, shall be provided, guaranteeing faithful performance
of all work in accordance with the specifications and requirements
of the Town of Concord.
[2]
Such letter of credit shall remain in full force
and effect until the certificate of completion and satisfactory compliance
with this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described letter of credit
shall be forfeited to the Town of Concord.
(c)
Cash deposit.
[1]
A cash deposit in the amount of 10% of the cost
of such public improvement, as determined by the Concord Town Consulting
Engineer, shall be placed on deposit with the Town of Concord.
[2]
Such deposit shall remain in full force and
effect until the certificate of completion and satisfactory compliance
with this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described cash deposit shall
be forfeited.
(2)
(3)
The Town of Concord shall have final approval over
the form of any security device for use by applicants for public improvement
permits.
H.
Maintenance security.
(1)
In the interest of protecting public improvements
from any and all defects in material or workmanship and to provide
for the cost of repair and/or replacement of such improvements, the
Town of Concord has determined that a maintenance bond, irrevocable
letter of credit or cash deposit shall be filed by all applicants
for public improvement permits.
(2)
Applicants for public improvement permits for public
improvements which are to be installed or constructed upon real property
to which the Town of Concord has acquired or will acquire title shall
provide or cause to be provided and submitted to the Concord Town
Clerk, prior to acceptance of such public improvement, one of the
following forms of security for approval by the Town of Concord:
(a)
Bond.
[1]
A maintenance bond executed by a solvent surety corporation as surety authorized to do business in the State of New York in a sum equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(a) of this section, shall be provided. Such bond shall remain in full force and effect for a period of two years from the acceptance of said public improvement by the Town Board of the Town of Concord.
[2]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described bond shall be
forfeited to the Town of Concord.
(b)
Irrevocable letter of credit.
[1]
An irrevocable letter of credit supplied by a bank authorized to do business in the State of New York, in a form acceptable to the Town of Concord and in a sum equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(b), shall be provided.
[2]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described letter of credit
shall be forfeited to the Town of Concord.
(c)
Cash deposit.
[1]
A cash deposit in an amount equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(c), shall be provided. Such cash deposit shall remain on deposit with the Town of Concord for a period of two years from the acceptance of said public improvement by the Town Board of the Town of Concord.
[2]
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described cash deposit shall
be forfeited to the Town of Concord.
(d)
Other acceptable security in the discretion
of the Concord Town Board.
(4)
The Town of Concord shall have final approval over
the form of any security device for use by applicants for public improvement
permits.
I.
Compliance with other laws. The holder of a permit
shall comply with all the ordinances of the Town of Concord and all
laws of the State of New York now in force or hereafter adopted applicable
to the work to be performed thereunder.
J.
Acceptance of streets and public improvements. Compliance
with the provisions of this article shall be a condition precedent
to the acceptance of any street, highway or other public improvement
by the Town of Concord for the purpose of maintenance.
K.
Adoption of construction specifications. The construction
specifications of the Town of Concord are adopted as a provision of
this article as if fully set forth herein, except that this article
shall supersede and replace those provisions in the construction specifications
of the Town of Concord relating to maintenance bonds for public improvements.[2]
[2]
Editor's Note: The construction specifications
are on file in the Code Enforcement Office.
A.
Building permits.
(1)
No person, firm, corporation, association or other
organization shall commence the erection, construction, enlargement,
alteration or improvement of any building or structure in any zone
within the Town of Concord without the approved building permit with
the proper fees paid as per Town policy schedule.[1]
[1]
Editor's Note: See Ch. 162, Fee Schedule.
(2)
The Code Enforcement Officer or the Town Building
Inspector shall have the authorization to issue building permits without
the Town of Concord Board approval, providing that all rules and regulations
are adhered to.
(3)
The fees as listed within our Town policy will be
automatically doubled for any building which is started without obtaining
the required building permit.
(4)
All other permits shall have the approval of the Town
of Concord Town Board.
B.
Special permits and variances. Special permits or
variances granted prior to the effective date of this chapter and
which are not permitted by this chapter as of right in the district
in which located shall be subject to all the conditions and limitations
placed thereon when such special permit or variance was granted and
to the provisions contained herein pertaining to nonconforming uses.
Any such special permit or variance shall become null and void unless
exercised within one calendar year from the effective date of this
chapter.
A.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to implement the general goals and specific purposes of this chapter as set forth in § 150-5.
B.
Whenever any provision of this chapter is at variance
or in conflict with any other provision of this chapter or any other
statute, local law, local ordinance or regulation covering the same
subject matter, the most restrictive provision or the one imposing
the highest standard shall govern.
It is hereby declared to be the intent of the
Concord Town Board that:
A.
If a court of competent jurisdiction finds any provision
of this chapter invalid in whole or in part, the effect of such decision
shall be limited to those provisions which are expressly stated in
the decision to be invalid, and all other provisions of this chapter
shall continue to be separately and fully in effect.
B.
If a court of competent jurisdiction finds the application
of any provision of this chapter to any building, other structure
or tract of land to be invalid in whole or in part, the effect of
such decision shall be limited to the person, property or situation
involved in the controversy, and the application of any such provision
to any other person, property or situation shall not be affected.
