No board, agency, officer or employee of the
Town shall issue, grant or approve any permit, license, certificate
or other authorization, including permits by the Town Board and special
permits and adjustments by the Board of Appeals, for any construction,
reconstruction, alteration, enlargement or moving of any building
or for any use of land or building that would not be in full compliance
with the provisions of this chapter. Any such permit, license, certificate
or other authorization issued, granted or approved in violation of
the provisions of this chapter shall be null and void and of no effect
without the necessity of any proceedings or revocation or nullification
thereof, and any work undertaken or use established pursuant to any
permit, license or certificate or authorization shall be unlawful,
and no action shall be taken by any board, agency, officer or employee
of the Town purporting to validate any such violation.
This chapter shall be enforced by the Zoning
Inspector in accordance with the provisions of this chapter.
All permits for buildings or structures issued prior to the effective date of this chapter or prior to the effective date of an amendment thereto shall be null and void unless substantial work has been done toward the completion of said building or structure, as set forth in §
218-84. If construction is not completed within one year of the effective date, or if building operations are discontinued for a period of six months or more, any other construction shall be in conformity with the provisions of this chapter.
[Amended 1-6-1981; 3-26-1985; 9-10-1986; 9-24-1991; 10-22-1996]
Upon the filing of an application for a building
or use permit hereunder, the following fees shall be payable:
A. Where the total value of the work is $2,500 or less:
$50.
[Amended 11-11-2003; 12-13-2016 by L.L. No. 12-2016]
B. Where the total value of the work is $2,500 or more:
$75.
[Amended 11-11-2003; 12-13-2016 by L.L. No. 12-2016]
C. Where an application is made for a permitted special
use hereunder, an additional fee of $180 shall be payable upon the
filing of the application.
[Amended 11-11-2003]
D. Where the application is made for a certificate of
occupancy, whether temporary or permanent, an application fee of $6
shall accompany such application.
[Amended 11-11-2003]
E. Where an application for one or more variances is
made a fee of $100 shall be payable upon application. Where the application
is for a variance for an existing structure, an inspection and review
fee of $350 shall be payable upon application.
[Amended 11-11-2003]
F. There shall be a fee of $1,000 for processing and
review of each special permit application in the PRD-T-6 Zoning District
for each approved dwelling unit. Said fee shall be in addition to
the applicable site plan review application fees.
G. Professional consultant review.
[Added 9-24-1991]
(1) General. The Town Board, the Planning Board and the
Zoning Board of Appeals, in the review of any application which may
come before said board, including but not limited to subdivision,
site plan, special permit, variance, zoning amendment, satellite antenna
permit, wetlands permit, and environmental quality review pursuant
to New York State Environmental Quality Review Laws and similar or
related county, state and federal laws and procedures, may refer such
application presented to it to such planner, engineer, environmental
expert or other professional as such board shall deem reasonably necessary
to enable it to review such application as required by law. Fees charged
by such professionals shall be in accord with fees usually charged
for such services in the metropolitan New York region and pursuant
to a contractual agreement between the Town and such professional
or other budgetary arrangement established by the Town. All such charges
shall be paid by the Town upon submission of an invoice by the professional
and upon approval by the Town Board. The applicant shall reimburse
the Town for the cost of such professional review services, other
than legal services, in accordance with the procedures described below
and subject to the maximum amounts set forth in Subsection F(3). The
payment of such fees shall be a condition of any approval and shall
be required in addition to any and all other fees required in connection
with the review of the application as set forth in this fee schedule,
any chapter of the Code of the Town of Mount Pleasant or any other
Town law, ordinance or regulation.
(2) Escrow accounts. Prior to the commencement of professional
review of any application described in Subsection F(1) hereof, an
escrow account shall be established by the applicant from which withdrawals
shall be made to reimburse the Town for the cost of professional review
services. At the time of submission of any application, the applicant
shall submit to the clerk of the board having jurisdiction over such
application a check payable to the "Town of Mount Pleasant" in the
amount set forth in Subsection F(3) of this fee schedule for deposit
into such escrow account. No application shall be considered complete
for review purposes until said escrow account is funded in accordance
with the Schedule of Escrow Account Deposits or as otherwise deemed
appropriate by the reviewing board. The applicant shall be provided
with copies of any invoices submitted for such professional review
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. 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 refunds remaining on deposit.
(3) Schedule of Escrow Account Deposits Required for Professional
Consultant Review. The Schedule of Escrow Account Deposits Required
for Professional Consultant Review is on file in the office of the
Town Clerk where it is available for public inspection.