No building in any district shall be erected,
reconstructed, restored or structurally altered without a building
permit duly issued upon application to the Building Inspector. No
building permit shall be issued unless the proposed construction or
use is in full conformity with all provisions of the Comprehensive
Development Regulations. Any building permit issued in violation of
the provisions of the Comprehensive Development Regulations shall
be null and void and of no effect, without the necessity for any proceedings
for revocation or nullification thereof, and any work undertaken or
use established pursuant to any such permit shall be unlawful.
Every application for a building permit for
a principal building shall contain the following information and be
accompanied by the required fee and by a plot plan drawn to scale
and signed by the person responsible for such drawing. If no such
plot plan is available, a survey prepared by a licensed engineer or
land surveyor is required.
A.
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected, or of
the lot on which it is situated if an existing building.
B.
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building, and of
other buildings on the same lot.
C.
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
D.
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
E.
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of the Comprehensive Development Regulations.
A.
No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway, as stipulated in § 280-a of the Town Law.
B.
No building permit shall be issued for any building
subject to site plan approval by the Planning Board, or subject to
review by the Architectural Review Board, except in conformity with
the plans approved by either or both of the said Boards as appropriate.
C.
No building permit shall be issued for a building
to be used for any conditional 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 the Planning Board.
D.
No building permit shall be issued for a building
permitted subject to a variance granted by the Zoning Board of Appeals
except in accordance with all conditions which may have been prescribed
by such Board.
E.
The building-permit application and all supporting
documentation shall be made in such number of copies as may be required
by the Building Inspector. On the issuance of a building permit, the
Building Inspector shall return one (1) copy of all filed documents
to the applicant.
F.
The Building Inspector shall, within thirty (30) days
after the filing of a complete and properly prepared application,
either issue or deny a building permit. If a building permit is denied,
the Building Inspector shall state in writing to the applicant the
reasons for such denial.
B.
The following shall be unlawful until a certificate
of compliance shall have been applied for and issued by the Building
Inspector or designee:
C.
No certificate of occupancy shall be issued for any
conditional use of a building or of land requiring conditional use
approval by the Planning Board unless and until such conditional use
or site plan approval has been duly granted by the Planning Board.
Every certificate of occupancy for which conditional use of site plan
approval has been granted or in connection with which a variance has
been granted by the Zoning Board of Appeals shall contain a detailed
statement of any condition to which the same is subject.
D.
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made in forms furnished by the Building Inspector after erection
of such building or part thereof has been completed in conformity
with the provisions of the Comprehensive Development Regulations.
In the case of a new building, such application shall be accompanied
by a tape location map or an instrument survey showing the location
of all buildings as built. Such certificate shall be issued within
ten (10) days after receipt of the properly completed application,
but only provided that the application states that all requirements
of all other applicable codes or ordinances in effect are complied
with.
E.
If the proposed use in conformity with the provisions
of the Comprehensive Development Regulations and of all other applicable
codes and ordinances, a certificate of occupancy or a certificate
of compliance shall be issued by the Building Inspector or designee
for change of use of vacant land or change of use of a nonconforming
use within ten (10) days after receipt of a properly completed application.
If a certificate of occupancy or certificate of compliance is denied,
the Building Inspector or designee shall state the reasons in writing
to the applicant.
F.
In regard to those uses which are subject to performance
standards, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and
machinery not affecting the operations or the degree or nature of
dangerous and objectionable elements emitted shall not be considered
a change in use.
(2)
After occupancy, if there occur frequent or continuous,
even though intermittent, violations of the performance standards
and other provisions for a period of five (5) days, without bona fide
and immediate corrective work, the Building Inspector shall suspend
or revoke the occupancy permit of the use, and the operation shall
immediately cease until it is able to operate in accordance with these
regulations, at which time the occupancy permit shall be reinstated.
(3)
The Building Inspector shall investigate any alleged
violation of the performance standards, and, if there are reasonable
grounds to believe that a violation exists, he shall investigate the
alleged violation and, for such investigation, may employ qualified
experts. A copy of said findings shall be forwarded to the Town Board.
The services of any qualified experts employed by the town to advise
in establishing a violation shall be paid by the violator, if a violation
is proved, and otherwise by the town. No new certificate of occupancy
shall be issued unless such charges have been paid to the town.
H.
A certificate of occupancy or certificate of compliance
shall be deemed to authorize, and is required for, both initial occupancy
and the continued occupancy and use of the building or land to which
it applies.
I.
Upon written request by the owner, and upon payment
of the required fee, the Building Inspector shall, after inspection,
issue a certificate of occupancy or a certificate of compliance for
any building or use thereof, or of land, existing at the time of the
adoption of the Comprehensive Development Regulations, certifying
such use and whether or not the same and the building conform to the
provisions of the Comprehensive Development Regulations.
J.
A record of all certificates of occupancy and certificates
of compliance shall be kept in the office of the Building Inspector,
and copies shall be furnished on request to any agency of the town
or to any persons having a proprietary or tenancy interest in the
building or land affected.
