Authority is hereby vested in the Town Administrator or her/his designee, to administer and enforce the provisions of this Chapter. In the absence of a Town Administrator, the Town Building Official shall have authority to administer and enforce this Chapter. The authority to administer and enforce this Chapter includes the following:

(A)

To appear and intervene for and on behalf of the Town in all public hearings before the Board of Trustees or Board of Adjustment, present facts and information to assist these decision makers in reaching a decision, resist and oppose any deviations from the standard provisions of this Chapter which are contrary to the public interest, and have the decisions of the Board of Trustees or Board of Adjustment reviewed in a court of proper jurisdiction when, in his or her judgment, such review is desirable;

(B)

To propose and recommend to the Board of Trustees the enactment of amendments to this Chapter for the purpose of improving administration and enforcement of this Chapter;

(C)

To propose and recommend to the Board of Trustees the establishment of amendments to the Official Zoning Map or provisions of this Chapter as made desirable or necessary by judicial or administrative proceedings, or as deemed desirable or necessary because of changed or changing conditions. All amendments proposed hereunder shall be subject to the limitations and procedures hereinafter set forth under amendment procedure;

(D)

To receive all applications for land use, subdivision, amendments to this Chapter and/or to the Official Zoning Map, and forward such applications to the proper staff, consultants or agencies for examination.

(E)

To review all applications for land use, subdivision, zoning or amendment, or with regard to any land development, and assist the Board of Trustees in the review of all proposed land use applications and other such matters related to planning as it deems desirable.

(Ord. 2015-3, §1, 1-4-2016)

There is hereby vested in the Town Administrator and Building Official, or such other Town officer as designated by the Board of Trustees, the duty of enforcing this Chapter and the power necessary for such enforcement, incidental to which duty and power he or she shall:

(A)

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this Chapter. Incidental to such investigations and surveys, the Town Administrator and/or Building Official may enter into and upon any land or structure to be inspected and examined. A failure or refusal to permit such entry and inspection, after issuance of an order therefor shall constitute a violation of this Chapter. Additionally, the right of entry and inspection may be enforced by application to and proper orders from a court of proper jurisdiction;

(B)

Make written orders requiring compliance with the provisions of this Chapter. Such orders shall be served personally or by certified mail upon the person deemed to be violating the provisions of this Chapter; provided, however, that if such person is not the owner of the land or structure in which the violation is deemed to exist or have occurred, a copy of such order shall be sent by certified mail to the owner of such land or structure. The date of mailing shall be deemed the date of service of any order served by the certified mail.

(Ord. 2015-3, §1, 1-4-2016)

(A)

It shall be the duty of the Town Administrator or her/his designee to enforce the provisions of this Chapter; and it shall be unlawful to erect, construct, reconstruct, alter or use any building or land without first obtaining from the Building Official all necessary permits. The Building Official shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use of any structure or building fully conform to all zoning regulations then in effect.

(B)

No oversight or dereliction of duty on the part of the Town Administrator, Building Official or of any official, employee or board of the Town shall legalize, authorize or excuse a violation of any of the provisions of this Chapter.

(C)

The Town Administrator or her/his designee shall enforce such regulations as are necessary as to the maintenance of premises and condition of operations to ensure against unnecessary odors, glare, vibration, smoke or noise of any permitted use.

(D)

The application for each permit shall give the legal description of the lot or land involved, location and intended use of the proposed building, the number of dwelling units the building is designed to accommodate, and any other information necessary for the enforcement of this Chapter. All applications for permits and copies of permits issued shall be kept by the Building Official for ready public reference. The Board of Trustees shall from time to time fix a reasonable schedule of fees for the issuance of such permits.

(E)

For all new buildings, before footing inspections and approval thereof, it shall be required that the owner, lessee, builder or contractor locate the property boundaries, by placing at the property corners of the building site, stakes or other monuments to establish said boundaries.

(F)

The requirements imposed by Subsections (A) through (E) above are in addition to and not in lieu of any requirements imposed by this Chapter and/or the Building Code adopted by the Town.

(G)

Nothing contained in this Chapter shall be construed so as to prohibit Board of Trustees or Board of Adjustment from recommending or imposing reasonable conditions on a development permit to better protect or advance the public interest.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The Board of Trustees may establish reasonable fees to defray the costs of processing an application and mailing notices, inclusive of fees to cover costs incurred for outside consultants, including planners, engineers and lawyers, utilized by the Town to review and evaluate the application. All fees or fee deposits shall be paid at the time an application is submitted and shall not be refunded unless the applicant withdraws his request prior to the mailing of referrals and/or notices by the Town staff, and/or prior to the Town incurring costs and expenses for consultants retained to review and evaluate the application. Fees shall reflect the reasonable and approximate cost to the Town of processing an application and may be revised from time to time as necessary.

(B)

The Town Clerk shall publicly post at Town Hall and make available to interested persons on request the hourly rates for planning, engineering and legal services charged to the Town by outside providers in the processing and reviewing of subdivision applications. These rates shall also be disclosed to all applicants for subdivision by the Town Clerk at all pre-application conferences.

(C)

The Town may require a deposit to be posted at time of application by the applicant to pay for some or all of the reasonably anticipated costs to be incurred by the Town in processing an application. The Town will periodically issue itemized billing statements to developers setting forth amounts owed, payment due dates, amounts credited, outstanding balances and/or amounts remaining on deposit. All application fees shall be nonrefundable and must be paid at time of application. All fees paid on deposit shall be credited against future billings and amounts deposited in excess of fees subsequently incurred shall be timely refunded, without interest, to the applicant. Failure to pay any fee or deposit when due shall result in the suspension of the processing of an application and/or a halt in construction inspections.

(D)

All fees or costs for the mailing or publication of notices for public hearings, and the recordation of plats and other subdivision or development documents, shall be paid by the applicant and be in addition to application fees.

(E)

All development approvals shall be subject to the full and timely payment of all fees.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Where the performance of any act is required or prohibited by the provisions of this Chapter or the Building Code, or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land, on the erection or alteration of any structure, or the use or change of use of such structure, a failure to comply with such provision or regulation shall constitute a violation thereof, and every day on which a violation exists shall constitute a separate violation and offense.

(B)

Any representation knowingly and falsely made by any person, firm or corporation, or officer or employee thereof (either as owner or as participating principal agent, servant or employee of such owner), in an application for a building permit required by the provisions of this Chapter, shall constitute a violation of this Chapter.

(C)

The prohibition of any act in this Chapter, or any rule or regulation adopted hereunder, shall include the causing, securing, aiding or abetting of another person to do said act.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Any person violating any regulations of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall punishable as provided by Section 1-4-20 of the Fairplay Municipal Code.

(B)

Each and every day upon which a violation continues shall be deemed a separate offense. In case of a violation of this Chapter, the Board of Trustees may direct the Town Attorney to file an action for and on behalf of the Town seeking an injunction to abate or halt such violation.

(Ord. 2015-3, §1, 1-4-2016)

For any land use approval, including but not limited to, subdivisions, PUDs and special uses for which public infrastructure or improvements are required, a written development improvements agreement (DIA) setting forth same and including all specific terms and conditions of approval shall be prepared and submitted by the applicant. The DIA shall be in a format approved by the Town and be delivered to the Town Clerk for approval by the Board of Trustees by written resolution. The DIA shall be recorded with the County Clerk and Recorder along with any associated plan, plat, PUD etc. The agreement shall specify the amount and type of financial security that must be posted by the developer to ensure the timely and satisfactory installation of all public infrastructure and other improvements, inclusive of any required landscaping for common or public areas. Financial security shall be posted prior to the issuance of any building permit or start of development activity and shall be in an amount not less than one hundred twenty-five percent (125%) of the estimated cost of the completion of all improvements; and may be provided by letter of credit, performance bond, cash escrow or other financial instrument as deemed acceptable by the Town. Upon the complete installation, inspection and acceptance of the improvements and/or infrastructure, all but twenty-five percent (25%) of the posted financial security shall be released, which twenty-five percent (25%) shall continue to remain posted as security to ensure that all improvements and infrastructure shall remain free of defects for a period of two (2) years after preliminary acceptance of same by the Town. The Town shall be entitled to draw on any posted financial security in order to complete, correct or repair any PUD infrastructure or improvement as called for in the PUD approval.

(Ord. 2015-3, §1, 1-4-2016)