A building permit shall be required for the erection, construction, enlargement, alteration, replacement, or removal of any building or structure. A building permit shall be required for any repair or replacement of a subsurface wastewater disposal system or any change to a stormwater drainage system which modifies drainage patterns, in which case the Building Inspector shall consult the Town Engineer, who shall determine whether the proposed repair, replacement, or alteration must be designed by a licensed professional engineer.

No building permit shall be required for any alteration of or ordinary repair 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.

Use and 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 and signature of owner/applicant. The full name and address of the owner and of the owner's authorized representative, if any, and the names and addresses of their responsible officers if any of them are corporations. Wherever used in this chapter, the word "applicant" shall mean "owner or owner's authorized representative."

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 Building Inspector to establish compliance of the proposed work or change in use with the requirements of this chapter.

The Building Inspector 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 forthwith.

An application with the approval of the Building Inspector endorsed thereon shall constitute the building permit or zoning permit, which shall become effective when the Building Inspector has filed written approval of the permit application in the office of the Town Clerk.

The Building Inspector 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 setback 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 Building Inspector 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 Building Inspector shall issue a certificate of occupancy.

Except as set forth in Subsection G below, upon finding any new construction, improvements, or uses to be in violation of this chapter, the Building Inspector 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 Building Inspector within a reasonable time limit set by the Building Inspector. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Building Inspector 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 Building Inspector, the notation "Violation Corrected" shall be made on the Building Inspector'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 Building Inspector within the time limit set, the Building Inspector shall take action in accordance with Subsection C of this section.

A permanent record of all notices of violation and their disposition shall be kept in the offices of the Building Inspector.

Except as set forth in Subsection H below, a violation of this chapter is an offense punishable by a 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.

All or a part of the premises is offered for lease on a short-term rental website, including but not limited to Airbnb, Home Away and VRBO, for a rental period of less than 31 days; and/or

All or a part of the premises is offered for a lease for a period of 31 days or less through any form of advertising; and/or

The parking of motor vehicles on a premises that is not occupied by an owner between the hours of 1:00 a.m. and 6:00 a.m. shall be prima facie evidence that premises was used and occupied during that time by at least one person for each motor vehicle so parked.

In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, 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. Said sum shall be based on the estimated cost to the Town of reviewing the particular type of application before it. The reviewing board may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications. The reviewing board may also consider the Town's survey of professional review expenses in determining the initial sum of money to be deposited in an escrow account by an applicant.

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. 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 Zoning Board of Appeals shall have the power, upon appeal from a determination by the Building Inspector 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.

All applications for variances shall be submitted to the Building Department at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by a plan, with the necessary number of copies of the application and plan to be determined by the Building Department. The plan shall be 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 § 97-47C.

The Zoning Board of Appeals, on appeal from a decision or determination of the Building Inspector, 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 foregoing [Subsection C(2)(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 § 97-47C.

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.

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 Building Inspector, to grant area variances from the area or dimensional requirements.

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 Building Inspector 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 Building Inspector shall forthwith transmit all the papers constituting the record of the appeal to the Zoning Board of Appeals.

Referral to County Planning Board.

Public notice and hearing.

Action. The Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse, affirm, or modify, wholly or in part, the order, requirement, decision, interpretation or determination of the administrative official in accordance with the provisions of this chapter.

Filing. Every order, requirement, decision, interpretation, or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days after the decision is rendered and shall be a public record. A copy thereof shall be mailed to the appellant within the same five-day period.