[Amended 9-16-1992 by L.L. No. 2-1992]
The position of Code Enforcement Officer is
hereby established. The Code Enforcement Officer and any and all assistants
required for the proper administration and enforcement of this chapter
shall be appointed by and serve at the pleasure of the Town Board.
[Amended 9-16-1992 by L.L. No. 2-1992]
The compensation of the Clerk, Code Enforcement
Officer and assistants elsewhere referred to in this article shall
be fixed by the Town Board within the amounts provided in the annual
budget and paid at such times as determined by the Town Board.
[Amended 9-16-1992 by L.L. No. 2-1992]
A. It shall be the duty of the Code Enforcement Officer
or his duly authorized assistants to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter.
B. Where the Code Enforcement Officer, in the course
of his duties, determines that any plans, buildings or premises are
in violation of the provisions of this chapter, he shall order the
responsible party, in writing, to remedy such conditions. Said written
order shall specify the nature of the violation found to exist, the
remedy ordered and the time permitted for such action, the penalties
and remedies which may be invoked by the Town and the violator's rights
of appeal, all as provided for by this chapter.
C. On the serving of notice by the Code Enforcement Officer
to the owner of any violation of any of the provisions of this chapter,
the certificate of occupancy for such building or use shall be held
null and void. A new certificate of occupancy shall be required for
any further use of such building or premises.
D. The Code Enforcement Officer shall maintain a permanent
record of all matters considered and all action taken by him. Such
records shall form a part of the records of his office and shall be
available for the use of the Town Board and other officials of the
Town. The records to be maintained shall include at least the following:
(1) Application file. An individual permanent file for
each application for a permit provided for by this chapter shall be
established at the time the application is made. Said file shall contain
one copy of the application and all supporting documents, maps and
plans; notations regarding pertinent dates and fees and the like;
as appropriate, one copy of the resolution of the Board of Appeals
in acting on the application; and the date the permit applied for
was issued or denied by the Code Enforcement Officer.
(2) Monthly report. The Code Enforcement Officer shall
prepare a monthly report for the Town Board. Said report shall cite
all actions taken by the Code Enforcement Officer, including all referrals
made by him; all permits and certificates issued and denied; and all
complaints of violations received and all violations found by him
and the action taken by him consequent thereon. A copy of this monthly
report shall also be transmitted by the Code Enforcement Officer to
the Tax Assessor, Planning Board and Board of Appeals at the same
time it is transmitted to the Town Board.
[Amended 4-13-1983 by L.L. No. 1-1983; 9-16-1992 by L.L. No.
2-1992]
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit or special use
permit shall be a prerequisite to the issuance of a building permit
as prescribed by the Building Code.
A. Zoning permit. The Code Enforcement Officer is hereby
empowered to issue a zoning permit for any plans regarding the construction
or alteration of any building or part of any building or part thereof
where he shall determine that such plans are not in violation of the
provisions of this chapter.
B. Special permit use. Upon written direction of the
Town Board, the Code Enforcement Officer is hereby empowered to issue
any special permit use provided for by this chapter.
C. Certificate of occupancy. The Code Enforcement Officer
is hereby empowered to issue a certificate of occupancy which shall
certify that all provisions of this chapter have been complied with
in respect to the location and use of the building, structure or premises
in question.
D. Agricultural permit. The Code Enforcement Officer
is empowered to issue agricultural permits free of charge for all
farm structures other than dwellings.
Each application for a zoning permit, or special
permit use shall be made in triplicate and with accompanying site
plan. The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building, and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both "before" and "after" conditions:
A. The location, use, design and dimensions and height
of each use and building.
B. The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
C. The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
D. The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
E. Provisions for water supply, sewage disposal and storm
drainage.
F. Such other data and plans as the Code Enforcement
Officer or the Planning Board may require to properly take action
on the application.
[Amended 9-16-1992 by L.L. No. 2-1992]
[Amended 9-16-1992 by L.L. No. 2-1992]
Before any person, persons or corporations shall
erect, construct or structurally alter any building or structure within
the Town of Brant, they shall first apply for and obtain from the
Code Enforcement Officer a permit and shall pay for said permit the
following fees to compensate for the administration of this chapter.
A. The fees for building permits should be as follows:
[Amended 10-10-1995 by L.L. No. 3-1995]
(1) Construction of new residence (may include garage).
(a)
First 1,000 square feet: as set forth from time
to time by resolution of the Town Board.
(b)
One thousand to 2,000 square feet: as set forth
from time to time by resolution of the Town Board.
(c)
Over 2,000 square feet: as set forth from time
to time by resolution of the Town Board.
(2) Structural alteration with plumbing: as set forth
from time to time by resolution of the Town Board.
(3) Structural alteration with no plumbing: as set forth
from time to time by resolution of the Town Board.
(4) Construction of new garage or other accessory building:
(a)
Accessory building less than 140 square feet:
as set forth from time to time by resolution of the Town Board.
(b)
Accessory building 140 square feet: as set forth
from time to time by resolution of the Town Board.
(c)
Accessory building over 140 square feet: as
set forth from time to time by resolution of the Town Board.
(d)
Residential garage: as set forth from time to
time by resolution of the Town Board.
(5) Commercial building permits (square feet of area and
overall building dimensions):
(a)
Up to 1,200 square feet: as set forth from time
to time by resolution of the Town Board.
(b)
Up to 3,000 square feet: as set forth from time
to time by resolution of the Town Board.
(c)
Up to 4,500 square feet: as set forth from time
to time by resolution of the Town Board.
B. This fee, if the requested permit is granted, shall
entitle the applicant to a certificate of occupancy at no additional
fees, provided that such certificate of occupancy is applied for within
one year of the effective date of the building permit involved.
C. Upon application for a certificate of occupancy, except
as noted above: as set forth from time to time by resolution of the
Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
D. Application to the Board of Appeals for review or
other action of said Board as provided by law and this chapter: as
set forth from time to time by resolution of the Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
E. Application to the Town Board for a change in this
Zoning Ordinance, either text or map, or both: as set forth from time to time by resolution
of the Town Board.
[Amended 10-10-1995 by L.L. No. 3-1995]
F. Application fees are not refundable.
G. Special use permit: as set forth from time to time
by resolution of the Town Board (nonrefundable).
[Amended 10-10-1995 by L.L. No. 3-1995]
H. Junkyard license fees shall be as provided in General
Municipal Law, Article 6, § 136.
[Amended 9-16-1992 by L.L. No. 2-1992]
A building permit shall be valid for a period
of one year and may be extended at that time at the discretion of
the Code Enforcement Officer.