[Amended 12-12-1983 by L.L. No. 3-1983; 2-8-1993 by L.L. No. 1-1993]
This chapter shall be enforced by the Code Enforcement
Officer or his designee.
[Amended 12-12-1983 by L.L. No. 3-1983; 4-8-1985 by L.L. No. 2-1985; 6-22-1987 by L.L. No. 5-1987]
A.
Except as hereinafter provided, no building or structure
shall be built or erected, or the floor area of an existing building
increased, or a porch or deck added, or change or rearrangement made
in the structural part of an existing facility, or an enlargement
made, whether by an extension on a side or by an increase in height
or by moving from one position to another, until a permit therefor
has been issued by the Code Enforcement Officer or his designee and
the proposed water system and sewage disposal systems have been approved
by the Chautauqua County Department of Health. Except upon a written
order by the Board of Appeals, no such building permit shall be issued
for any building where said construction, addition or use thereof
would be in violation of any of the provisions of this chapter, but
no such written order shall be granted where such exception would
be in violation of another law that does not authorize the granting
of an exception.[1]
[Amended 9-22-2005 by L.L. No. 3-2005]
[1]
Editor's Note: Former Subsections B, C, D
and E, regarding requirements for applications for building permits,
the time allowed for Code Enforcement Officer response, application
to the Board of Appeals and exemptions, respectively, which immediately
followed this subsection, were repealed 1-8-2007 by L.L. No. 1-2007.
[1]
Editor's Note: Former § 143-80,
Expiration of building permits; completion of project; extensions
was repealed 1-8-2007 by L.L. No. 1-2007.
[Added 12-12-1988 by L.L. No. 3-1988]
A.
Except as hereinafter provided, no building or structure
in excess of 140 square feet of floor area shall be demolished until
a permit has been issued therefore by the Code Enforcement Officer
or his designee.
B.
All applications for demolition permits shall be in
writing, signed by the owner or agent, on forms furnished by the Code
Enforcement Officer or his designee and shall be filed with the Code
Enforcement Officer or his designee and shall briefly state:
(1)
A description of the property and buildings or structures
to be demolished.
(2)
The name and address of any contractor, if any, participating
in the demolition.
(3)
An agreement to comply with this chapter and all other
laws, ordinances and regulations that may be applicable.
(4)
The applicant's proposal for capping natural gas lines,
water lines, water wells, sewage lines or systems, if any.
C.
The application shall be accompanied by a signed,
sworn affidavit of the applicant stating that all demolition debris
shall be promptly and legally disposed of at a properly permitted
landfill or dump.
D.
Where, within a period of five days, a new building or structure is to commence being constructed on the property, and existing natural gas lines, water lines, sewage lines or systems, cellar areas or other subsurface areas are to be utilized for such new building or structure, such information shall be set forth in the application. The Code Enforcement Officer or his designee may, under such circumstances, grant a stay of 30 days before requiring compliance with the capping or filling requirements as set forth in Subsection B(5) above.
E.
All the demolition sites shall be barricaded in such
a manner as to provide proper warning and protection to the public.
F.
All demolition projects once commenced must be completed
within 30 days of their commencement date, unless a written extension
has been granted by the Code Enforcement Officer or his designee.
G.
Demolition permits shall expire 90 days from the date
of issuance if the work authorized has not commenced, unless a prior
written extension has been granted by the Code Enforcement Officer
or his designee for good cause shown.
[Amended 12-12-1983 by L.L. No. 3-1983]
No land or building shall be changed in use
until a certificate of zoning compliance shall have been issued by
the Code Enforcement Officer or his designee stating that the land,
building or other structure or proposed use thereof complies with
the provisions of this chapter. All applications for a certificate
of zoning compliance shall be in writing, signed by the property owner
or his duly authorized agent, on forms furnished by the Code Enforcement
Officer or his designee and shall contain the following information:
A.
The nature and definite purpose of the use of the
land, building or other structure.
B.
A description of the property and buildings or other
structures thereon or to be placed thereon.
C.
A statement of any restrictions by deed or other instrument
of record.
D.
An agreement to comply with this chapter and all other
laws, ordinances and regulations that may be applicable. In the event
that such proposed use conforms to all the provisions of this chapter,
a certificate of zoning compliance shall be issued by the Code Enforcement
Officer or his designee within 10 days certifying the use of the land,
building or other structure, and such issuance shall void any previous
certificate of zoning compliance for the same premises.
The provision of the foregoing section shall
not apply to the use of land or buildings for farm purposes or as
a farm structure.
[Amended 4-8-1985 by L.L. No. 2-1985; 10-13-1986 by L.L. No.
4-1986; 10-11-1990 by L.L. No. 4-1990; 9-9-1991 by L.L. No. 1-1991; 2-8-1993 by L.L. No. 1-1993; 5-8-1995 by L.L. No. 2-1995]
A.
Building permit, certificate of zoning compliance and demolition permit fees. The building permit fee shall be paid when submitting the application. The certificate of zoning compliance fee shall be paid when the certificate is requested. A fee shall accompany any application to the Town Board or Board of Appeals in any proceeding which shall require a public hearing pursuant to public notice either under the provisions of this chapter or applicable state law. To discourage persons from building before a permit is issued or using property for a use requiring a special use permit or a variance before such special use permit or variance is granted, an additional surcharge is hereby imposed and shall be paid by any person applying for a building permit, special use permit or variance after the authorized building or use has commenced, and such surcharge shall not be construed as a waiver of or in lieu of any of the provisions of §§ 143-85, 143-86 and 143-87 of this chapter, but shall be treated only as an additional fee to be paid by an applicant at the time the permit or variance application is belatedly made. The demolition permit fee shall be the same as is established for the construction of a one-family dwelling with 1,000 square feet of floor space. The authority to set and modify these and other fees authorized in this chapter by resolution of the Town Board is hereby established.
B.
Professional fees.
(1)
The Town Board or the Zoning Board of Appeals, in
review of any application, may refer any such application presented
to it to such engineering, planning, legal, technical or environmental
consultant or professional(s) employed by the Town 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 charges usually made for such services in the Western New York
region or pursuant to an existing contractual agreement between the
Town and such consultant. Charges made by the Town shall be in accord
with the hourly rates upon which the employee's actual salary is based
and fringe benefits and reasonable overhead. All such charges shall
be paid on submission of a Town voucher. The applicant shall reimburse
the Town for the cost of such consultant services upon submission
of a copy of the voucher. In the event that an application is required
to be reviewed by more than one Board, then, in such event and to
the extent practicable, prepare one report providing data, information
and recommendations requested. In all instances, duplications or consultants'
reports or services shall be avoided wherever practicable in order
to minimize the cost of such consultants' reports or services to the
applicant. The above fees are in addition to any and all other fees
required by any other law, rule, regulation or the Town Code.
(2)
Escrow accounts. At the time of submission of any
application, or thereafter, the reviewing Board may require the establishment
of an escrow account, from which withdrawals shall be made to reimburse
the Town for the costs of professional review services. The applicant
shall then provide funds to the Town for deposit into such account
in an amount to be determined by the reviewing Board based on its
evaluation of the nature and complexity of the application. The applicant
shall be provided with copies of any Town voucher for such services
as they are submitted to the Town. When the balance in such escrow
account is reduced to 1/3 of its initial amount, the applicant shall
deposit additional funds into such account to bring its balance up
to the amount of the initial deposit. If such account is not replenished
within 30 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the reviewing Board may suspend
its review of the application. An application shall be deemed incomplete
if any amount shall be outstanding. A building permit or certificate
of occupancy or use shall not be issued unless all professional review
fees charged in connection with the applicant's project have been
reimbursed to the Town. After all pertinent charges have been paid,
the Town shall refund to the applicant any funds remaining on deposit.
(3)
All fees required pursuant to this chapter shall by
collected by the Town Clerk.
(4)
This chapter shall be applicable to applications pending
at the time it shall become effective, unless the reviewing Board
shall determine that its application would be impracticable, unfair
or unjust in the particular circumstances. Where this chapter shall
be applicable to a pending application, it shall, in such event, require
an applicant only to pay for professional fees for the services rendered
after it shall have become effective.
Any person who commits or permits any acts in
violation of any of the provisions of this chapter shall be deemed
to have committed an offense against such chapter and shall be liable
for the penalty herein provided. Each week any violation shall continue
or be permitted to exist shall constitute a separate additional violation.[1]
[Added 12-12-1983 by L.L. No. 3-1983]
The Code Enforcement Officer or his designee
or his duly authorized Deputy Code Enforcement Officer, pursuant to
Municipal Home Rule Law, shall have the authority to issue appearance
tickets for the violation of any provision of this chapter.
