A building permit shall be required for the erection, construction, enlargement, alteration, replacement, demolition, or removal of any building or structure over 200 square feet in footprint area. In the case of demolition, this permit shall be called a "demolition permit."

No building permit shall be required for any alteration of or ordinary repairs to an existing building or structure which is not structural in nature and which is not intended to or does not provide for a new or extended use of the building, structure or premises.

In the case of emergency action to deal with damage from fire or other casualty, the applicant may commence construction required to stabilize a structure without a building permit. In order to protect the safety of persons entering such a structure to stabilize it, a permit shall be applied for as soon as possible and in no event more than one week following such fire or casualty.

Land: a description of the land on which the proposed use or construction will occur, including deed and filed map references, lot numbers, and tax parcel numbers.

Use, occupancy: a statement of the existing and proposed use of all parts of the land and the location, character and existing and proposed use of any existing or proposed buildings or structures, including the number of floors, entrances, rooms, type of construction and the kind and extent of any exterior horizontal extension proposed toward any boundary or street line of the lot.

Identity of owner, applicant: the full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations.

Description of work or changes in use: a brief description of the nature of the proposed work or change in use.

Valuation of work: the valuation of the proposed construction work, if any.

Plans and specifications.

Additional information: such other information as may reasonably be required by the Code Enforcement Official to establish compliance of the proposed work or change in use with the requirements of this chapter.

The Code Enforcement Official shall promptly review the application and approve or deny it, giving the reason for any denial. A copy of the approved or disapproved application shall be delivered or mailed to the applicant within two working days.

An application with the approval of the Code Enforcement Official endorsed thereon shall constitute the building permit or zoning permit, which shall become effective when the Code Enforcement Official has filed written approval of the permit application in the office of the Town Clerk. A copy of the building permit shall be placed in the permanent property file for the property.

The Code Enforcement Official shall examine the location of any new structures or improvements to existing structures and shall determine whether or not such new structures or improvements comply with the setbacks and other requirements of this chapter, including the terms and conditions of any site plan approval, special permit, variance, subdivision approval, or conservation easement granted. The Code Enforcement Official shall maintain complete records of the dates of inspections conducted hereunder, the names of all persons attending such inspections, the extent of completion of the work on each date, and any other observations relevant to determining compliance with this chapter.

After work has been completed, inspected, and found to be in full compliance with the building permit, the Code Enforcement Official shall issue a certificate of occupancy. A copy of the certificate of occupancy shall be placed in the permanent property file for the property.

Upon finding any new construction, improvements, or uses to be in violation of this chapter, the Code Enforcement Official shall transmit a written notice of violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the alleged violation, with a copy to the Town Board. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Official within a reasonable time limit set by the Code Enforcement Official. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Official within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be borne by the Town.

If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Code Enforcement Official, the notation "Violation Corrected" shall be made on the Code Enforcement Official's copy of the notice.

If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Code Enforcement Official within the time limit set, the Code Enforcement Official shall take action in accordance with Subsection C.

A permanent record of all notices of violation and their disposition shall be kept in the offices of the Code Enforcement Official.

A violation of this chapter is an offense punishable by fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.

In addition, any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $100. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.

The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.

In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, timber harvesting permit, variance, or other appeal, the reviewing board may require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Such a deposit in escrow may be required at any stage in the application process, including for preapplication sketch plan discussions and the conservation analysis required by § 121-20A. Said sum shall be based on the estimated cost to the Town of reviewing the particular type of submission before it. In determining the initial amount to be deposited, the reviewing board may consider the professional review expenses incurred by it and neighboring municipalities in reviewing similar submissions.

Use of funds.

The Town Board shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications and project inspections. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Town for services performed in connection with the review of a similar application. In auditing the vouchers, the Town Board may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the Town Board may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town and protect public or private property from damage.

In no event shall an applicant make direct payment to any Town consultant.

The Town may seek recovery of unreimbursed engineering, legal and consulting fees by action in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorneys' fees expended by the Town in prosecuting such action.

Alternatively, and at the sole discretion of the Town, a default in reimbursement of such engineering, legal and consulting fees expended by the Town shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

Alternate members of the Zoning Board of Appeals may be appointed by the Town Board and designated by the Chairperson of the Zoning Board of Appeals in accordance with the provisions of this section when a regular member of the Zoning Board of Appeals is unable to participate on an application or a matter before the Zoning Board of Appeals as set forth herein.

The Town Board shall appoint two alternate members to the Zoning Board of Appeals, each of whom shall serve for a term of one year as herein described. One alternate member shall be designated as the "first alternate member," and the other alternate member shall be designated as the "second alternate member." The term of any alternate member shall terminate on December 31 in the year of the appointment of that member, regardless of whether he or she has served a full 12 months.

The Chairperson of the Zoning Board of Appeals may designate the first alternate member to substitute for a member of the Zoning Board of Appeals when such member is unable to participate on an application or matter before the Board due to absence or a conflict of interest or other ethical consideration which results in a recusal of that Board member from acting on the particular application before the Board. If the first alternate member is unable or unwilling to act, the Chairperson of the Zoning Board of Appeals shall designate the second alternate member to act. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. The appointed alternate member shall participate as a member of the Board with respect to the particular application only until final action has been taken on the particular application.

All provisions of state and local laws relating to Zoning Board of Appeals, including eligibility, training, continuing education, attendance, compensation, vacancy in office, removal, compatibility of office and service on other boards, shall apply to alternate members.

Where there are practical difficulties or unnecessary hardships imposed by the strict letter of this chapter, the Zoning Board of Appeals shall have the power, upon appeal from a determination by the Code Enforcement Official and after public notice and hearing, to vary or modify the application of any of the provisions of this chapter relating to the use, construction, or alteration of structures or the use of land, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done.

All applications for variances shall be submitted to the Code Enforcement Official at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by six copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot. An application for a use variance may require submission of an agricultural data statement pursuant to § 121-37C.

Any variance which is not exercised by application for a zoning permit or by otherwise commencing the use within one year of the date of issuance shall automatically lapse.

The Zoning Board of Appeals, on appeal from a decision or determination of the Code Enforcement Official, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed by this chapter. No use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship to the applicant. In order to prove unnecessary hardship, the applicant shall demonstrate that for each and every permitted use under this chapter for the district in which the applicant's property is located:

Failure to demonstrate any one of the requirements in Subsection C(1)(a) through (d) above is sufficient to justify the denial of a use variance.

The Zoning Board of Appeals shall consider any agricultural data statement submitted pursuant to § 121-37C.

The Zoning Board of Appeals, in granting use variances, shall grant the minimum variance that it deems necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

In addition to the grounds for granting a use variance in Subsection C(1) above, a use variance may also be granted if the applicant can prove, by competent financial evidence, deprivation of all economically beneficial use of the property. In such a case, the Zoning Board of Appeals shall grant only the minimum variance necessary to allow an economically beneficial use.

If the use variance is granted for a nonresidential use, the applicant shall obtain site plan approval from the Planning Board prior to commencing the use or obtaining a building permit or zoning permit.

The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Official, to grant area variances from the area or dimensional requirements. Where a proposed special permit or site plan application contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance without a decision or determination by the Code Enforcement Official.

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community of such grant. In making its determination, the Board shall also consider:

The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it deems necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community.

Application. Appeals shall be taken by filing a written notice of appeal and any required plans with the Code Enforcement Official and the Zoning Board of Appeals, within 60 days after the filing of the order, requirement, decision, interpretation, or determination that is being appealed, on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or for the reversal of an order, requirement, decision, or determination of an administrative official. The Code Enforcement Official shall forthwith transmit all the papers constituting the record of the appeal to the Zoning Board of Appeals.

Referral to County Planning Board.

If an agricultural data statement has been submitted, the Secretary of the Zoning Board of Appeals shall, upon receipt of any variance application, mail written notice of the application to the owners of land as identified by the appellant in the agricultural data statement. Such notice shall include a description of the proposed variance and its location. The cost of mailing the notice shall be borne by the appellant.

The Zoning Board of Appeals shall set a reasonable time after receipt of a complete application for the hearing of appeals.

The Secretary of the Zoning Board of Appeals shall refer all applications for use variances to the Planning Board for a report prior to the public hearing. If the Planning Board does not report within 30 days of such referral, the Zoning Board of Appeals may take action without the Planning Board's report.

At least five days prior to the date of the hearing of appeals, the Zoning Board of Appeals shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to the Planning Board and by certified mail to all property owners within 200 feet of the property upon which the appeal is taken. The cost of publishing and mailing such notices shall be borne by the appellant.

If the application is for a use variance on property located within 500 feet of the boundary of an adjacent municipality, notice of the hearing shall be sent to the Clerk of the adjacent municipality by mail or electronic transmission at least 10 days prior to such hearing, and such adjacent municipality may appear and be heard.

At the hearing, any party may appear in person or by agent or by attorney.

The Zoning Board of Appeals may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal. If the hearing is adjourned for more than 30 days, the Board may require that it be re-noticed as provided in Subsection G(4) above.

Any such action shall be decided within 62 days after the close of the hearing.

Every decision of the Zoning Board of Appeals shall be approved by vote of a majority of the members by resolution which contains a full record of the findings and rationale for the decision. If the Zoning Board of Appeals acts contrary to the recommendations of the Town Planning Board or the County Planning Board, it shall give written reasons for such action.