The Building Inspector appointed pursuant to Chapter 27 of the Code of the Town of Kent shall administer and enforce the provisions of this chapter. Such Building Inspector is charged with the duty of making inspections, examining plans and specifications and taking the necessary action with reference thereto for the administration and enforcement of this chapter.
A.
No land shall be used or occupied and no building or structure shall be erected or altered unless a land use or building permit for the same shall have been procured from the Building Inspector pursuant to the provisions of Chapter 27 of the Code of the Town of Kent.
B.
No building permit shall be issued for:
(1)
The construction or alteration of any building upon
a lot without access to a street or highway except upon application
to and approval by the Board of Appeals, as set forth in § 280-a
of the Town Law.
(2)
Any building that is subject to site plan approval
by the Planning Board, except in conformity with the requirements
of said Board.
(3)
Any building that is to be used for any special use
in any district where such use is subject to approval by the Planning
Board unless and until such approval has been duly granted by said
Board.
(4)
Any building that is permitted subject to a variance
granted by the Board of Appeals except in accordance with all conditions
which may have been prescribed by said Board.
C.
If such application shows that the proposed use of
the premises will be in conformity with the provisions of this chapter,
the Building Code of the Town of Kent, and any and all orders which
may have been made by the Board of Appeals or the Planning Board in
respect to the premises, the Building Inspector shall issue a land
use or building permit authorizing the proposed construction in accordance
with the conditions set forth in the application, upon payment of
such fee as the Town Board may establish from time to time.[1]
After completion of the foundation walls of
a building or structure, the owner shall have a survey made by a licensed
land surveyor, showing the true location of the foundation walls with
respect to the lot lines of the lot, and a copy of such survey shall
be filed with the Building Inspector before the continuation of construction.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector pursuant to the provisions of Chapter 27 of the Code of the Town of Kent:
B.
No certificate of occupancy shall be issued for any
use of a building or of land that requires a special use permit or
a variance by the Board of Appeals or a special use permit or site
plan approval by the Planning Board unless and until such variance,
special use or site plan approval has been duly granted. Every certificate
of occupancy for which a variance, special use permit or site plan
approval has been granted shall contain a detailed statement of any
condition to which the same is subject.
C.
Upon written request by the owner and upon payment
of the required fee, the Building Inspector shall, after inspection,
issue a certificate of compliance for any building or use thereof,
or for the use of any land, existing at the time of the adoption of
this chapter, certifying such use and whether or not said use and
the building conform to the provisions of this chapter.[1]
[1]
Editor's Note: Former Subsection D, which provided for applications for certificates of occupancy for new or altered buildings; Subsection E, which provided for time frames for issuance; Subsection F, which provided for temporary certificates of occupancy; Subsection G, which provided for certificates of compliance; Subsection H, which provided for fees; Subsection I, which provided for the keeping of records for all certificates, and Subsection J, Inspection; survey plan, as amended 4-20-2009 by L.L. No. 3-2009, all which immediately followed this subsection, were repealed 7-13-2009 by L.L. No. 4-2009. For current provisions, see Ch. 27, Building Administration and Construction.
A.
In case the Building Inspector shall refuse to issue
a building permit, a certificate of occupancy, or a certificate of
compliance on the grounds of violation of the provisions of this chapter,
an appeal from such decision may be made to the Board of Appeals.
Any such appeal shall be made no later than 60 days of the date of
the Building Inspector's denial.
[Amended 3-7-2017 by L.L.
No. 2-2017]
A.
Any application for approval of a site plan, special use permit, variance or other development activity authorized by this chapter shall be accompanied by fee(s) in an amount set by resolution of the Town Board for such application. Additional, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.
