Concord City Zoning Code
ARTICLE V
Application of Regulations
§ 150-11 General application.
Except as hereinafter provided:
A.
No building, other structure or land shall hereafter be used or occupied and no building or other structure or parts thereof shall be erected, relocated, altered, extended or enlarged unless in conformity with the use, height and area regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
B.
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with area requirements herein established. If at the time of the adoption of this chapter or of any subsequent amendments increasing the area or open space requirements the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.
C.
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
§ 150-12 Certain public uses excluded.
The regulations of this chapter shall not be construed as to limit or interfere with the dedication, development or use of any land or building for public parks, other public recreation areas or public schools required for compulsory education or with the use of land or buildings owned by the United States of America, the State of New York, the County of Erie or the Town of Concord or the Village of Springville and used for governmental purposes.
§ 150-13 Public improvements.
A.
Inspector; services required.
(1)
Payment of inspector; bond or cash deposit required. Any petitioner for the establishment of any special improvement district, the improvements in which are, pursuant to the petition or by order of the Concord Town Board, to be installed at no expense to the Town of Concord or the district, shall be required to pay for the services of an inspector appointed by the Town of Concord during the installation of the improvements and shall, before commencing the work, furnish a bond or cash deposit in an amount to be determined by the Concord Town Board to ensure payment of such inspector.
(2)
Notification to inspector. Any such petitioner shall be required to notify the inspector before commencing the work and keep such inspector advised of the work installation schedule in order that the work may be properly and fully inspected at all stages of installation.
(3)
Scope of section. These requirements shall also apply to the installation of any road or highway deeded or offered to be deeded to the Town of Concord for public purposes and shall also apply to any other installation or improvements which the Concord Town Board shall require to be made as a condition of its approval of any subdivision map or the issuance of any building permit.
B.
Construction procedures; permit required; fee. No person, firm, association or corporation shall install, construct or perform any work incident to the installation and/or construction of a public improvement upon real property in the Town of Concord without first having obtained a permit therefor, to be issued by the Concord Town Clerk with the approval of the Concord Town Board after certification by the Concord Town Consulting Engineer that the plans and specifications as submitted by the applicant comply with the specifications and requirements of the Town of Concord. The fee for such permit shall be as established by the Town Board.[1]
[1]
Editor's Note: See Ch. 162, Fee Schedule.
C.
Application for permit. The application for such permit shall be made on forms furnished by the Town of Concord and shall contain such information as the Town Consulting Engineer of the Town of Concord shall require to determine that the proposed improvement will conform to the specifications and requirements of the Town of Concord for such proposed improvement.
D.
Map and specifications to accompany application. All applications shall be accompanied by a map or survey, together with specifications, prepared by a professional engineer duly licensed by the State of New York, one copy of which shall be filed with the Town Consulting Engineer and the Superintendent of Highways.
E.
Specifications supplied by Concord Town Consulting Engineer. The Concord Town Consulting Engineer shall provide such applicant with a set of standard specifications and requirements of the Town of Concord for such work, for which a charge per copy, as established by the Town Board, shall be made, and no work shall be performed except in accordance therewith.
F.
Inspector to supervise work. No work shall be performed except under the supervision and inspection of an inspector designated by the Concord Town Consulting Engineer and approved by the Concord Town Board. The wages or fees of such inspector shall be fixed and paid to the Town of Concord prior to the issuance of such permit.
G.
Security required; forfeiture.
(1)
If public improvements, as defined by this section, are to be installed or constructed upon real property to which the Town of Concord has title or will acquire title thereto, the holder of the public improvement permit, before commencing any work in connection therewith, shall submit to the Town Clerk of the Town of Concord one of the following forms of security for approval by the Town of Concord:
(a)
Bond.
[1]
A bond executed by a solvent surety corporation as surety authorized to do business in the State of New York, in a sum equal to 10% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer, shall be provided, which bond shall be approved by the Town of Concord, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Concord.
[2]
Such bond shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described bond shall be forfeited to the Town of Concord.
(b)
Irrevocable letter of credit.
[1]
An irrevocable letter of credit supplied by a bank authorized to do business in the State of New York, in a form acceptable to the Town of Concord and in a sum equal to 10% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer, shall be provided, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Concord.
[2]
Such letter of credit shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described letter of credit shall be forfeited to the Town of Concord.
(c)
Cash deposit.
[1]
A cash deposit in the amount of 10% of the cost of such public improvement, as determined by the Concord Town Consulting Engineer, shall be placed on deposit with the Town of Concord.
[2]
Such deposit shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Concord.
[3]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described cash deposit shall be forfeited.
(2)
(3)
The Town of Concord shall have final approval over the form of any security device for use by applicants for public improvement permits.
H.
Maintenance security.
(1)
In the interest of protecting public improvements from any and all defects in material or workmanship and to provide for the cost of repair and/or replacement of such improvements, the Town of Concord has determined that a maintenance bond, irrevocable letter of credit or cash deposit shall be filed by all applicants for public improvement permits.
(2)
Applicants for public improvement permits for public improvements which are to be installed or constructed upon real property to which the Town of Concord has acquired or will acquire title shall provide or cause to be provided and submitted to the Concord Town Clerk, prior to acceptance of such public improvement, one of the following forms of security for approval by the Town of Concord:
(a)
Bond.
[1]
A maintenance bond executed by a solvent surety corporation as surety authorized to do business in the State of New York in a sum equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(a) of this section, shall be provided. Such bond shall remain in full force and effect for a period of two years from the acceptance of said public improvement by the Town Board of the Town of Concord.
[2]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described bond shall be forfeited to the Town of Concord.
(b)
Irrevocable letter of credit.
[1]
An irrevocable letter of credit supplied by a bank authorized to do business in the State of New York, in a form acceptable to the Town of Concord and in a sum equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(b), shall be provided.
[2]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described letter of credit shall be forfeited to the Town of Concord.
(c)
Cash deposit.
[1]
A cash deposit in an amount equal to 50% of the cost of the work to be performed, as determined by the Concord Town Consulting Engineer pursuant to Subsection G(1)(c), shall be provided. Such cash deposit shall remain on deposit with the Town of Concord for a period of two years from the acceptance of said public improvement by the Town Board of the Town of Concord.
[2]
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described cash deposit shall be forfeited to the Town of Concord.
(d)
Other acceptable security in the discretion of the Concord Town Board.
(4)
The Town of Concord shall have final approval over the form of any security device for use by applicants for public improvement permits.
I.
Compliance with other laws. The holder of a permit shall comply with all the ordinances of the Town of Concord and all laws of the State of New York now in force or hereafter adopted applicable to the work to be performed thereunder.
J.
Acceptance of streets and public improvements. Compliance with the provisions of this article shall be a condition precedent to the acceptance of any street, highway or other public improvement by the Town of Concord for the purpose of maintenance.
K.
Adoption of construction specifications. The construction specifications of the Town of Concord are adopted as a provision of this article as if fully set forth herein, except that this article shall supersede and replace those provisions in the construction specifications of the Town of Concord relating to maintenance bonds for public improvements.[2]
[2]
Editor's Note: The construction specifications are on file in the Code Enforcement Office.
§ 150-14 Prior approved permits and variances.
A.
Building permits.
(1)
No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration or improvement of any building or structure in any zone within the Town of Concord without the approved building permit with the proper fees paid as per Town policy schedule.[1]
[1]
Editor's Note: See Ch. 162, Fee Schedule.
(2)
The Code Enforcement Officer or the Town Building Inspector shall have the authorization to issue building permits without the Town of Concord Board approval, providing that all rules and regulations are adhered to.
(3)
The fees as listed within our Town policy will be automatically doubled for any building which is started without obtaining the required building permit.
(4)
All other permits shall have the approval of the Town of Concord Town Board.
B.
Special permits and variances. Special permits or variances granted prior to the effective date of this chapter and which are not permitted by this chapter as of right in the district in which located shall be subject to all the conditions and limitations placed thereon when such special permit or variance was granted and to the provisions contained herein pertaining to nonconforming uses. Any such special permit or variance shall become null and void unless exercised within one calendar year from the effective date of this chapter.
§ 150-15 Conflict with other regulations.
A.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to implement the general goals and specific purposes of this chapter as set forth in § 150-5.
B.
Whenever any provision of this chapter is at variance or in conflict with any other provision of this chapter or any other statute, local law, local ordinance or regulation covering the same subject matter, the most restrictive provision or the one imposing the highest standard shall govern.
§ 150-16 Severability.
It is hereby declared to be the intent of the Concord Town Board that:
A.
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of this chapter shall continue to be separately and fully in effect.
B.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.