Use of required yard for another building. A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.

Reduction of lot or yard. The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this article.

Parking spaces. The parking spaces required for one building or structure shall not be included in the computation of required parking spaces for a second building or structure or use.

Underwater land. Underwater land shall not be included in the computation of minimum lot area, and underwater land shall not be included within any minimum required front, side or rear yard.

Other laws.

Encroachments. No provision contained in this article shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or Town street or highway.

Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to administer and enforce the provisions of this article.

Board of Appeals. Should said Code Enforcement Officer be in doubt as to the meaning or intent of any provision of this article, or as to the location of any district boundary line on the Zoning Map,[1] or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this article, he or she shall appeal the matter to the Board of Appeals for interpretation and decision.

Rules and regulations of Code Enforcement Officer. The Code Enforcement Officer shall adopt rules of procedure, consistent with this article, for the purpose of assuring efficient and uniform administration of its provisions.

Erroneous permit. If the Code Enforcement Officer should mistakenly issue a building permit which violates the provisions of this article, that building permit shall be invalid.

In addition to his powers and duties to administer and enforce this chapter, the Building Inspector and/or Code Enforcement Officer shall have all of the powers and duties relating to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code pursuant to Article 18 of the Executive Law of the State of New York, as the same may be amended from time to time, together with such rules and regulations as may be promulgated by the New York State Secretary of State pursuant thereto and all the provisions of all other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of building and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

The Building Inspector and/or Code Enforcement Officer shall, at reasonable times, be permitted access to inspect premises, buildings or structures, whether erected after the enactment of this chapter, already erected or in course of erection, for the purposes of determining compliance with the provisions of this chapter.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly or the installation thereof does not conform to the requirements of the applicable building laws or regulations, the Building Inspector and/or Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance and/or may request certification by a licensed engineer. The cost of any such tests or certifications and the cost of furnishing proof of such compliance shall be borne by the owner of the property or the person performing the work and in no event shall be borne by the Town of Highlands.

Compliance with building code. All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the New York State Uniform Fire Prevention and Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

Compliance. No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this article.

Division of lots. Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this article.

Inspection of site. After completion of footings and establishing of the forms on the first course of the foundation walls, or equivalent structure, the owner shall notify the Code Enforcement Officer. If required by the Code Enforcement Officer, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Code Enforcement Officer before such construction is continued.

Any building permit issued under false pretenses by the applicant or in violation of the provisions of this chapter shall be subject to a stop-work order or an order to remedy violation issued by the Building Inspector and/or Code Enforcement Officer. Any work undertaken or use which is not in conformity with this chapter shall be unlawful and discontinued until brought into compliance with this section. Whenever the Building Inspector and/or Code Enforcement Officer otherwise has reasonable grounds to believe that any work is being prosecuted in violation of this chapter, or regulations or other sections of the Town Code, or the New York State Uniform Fire Prevention and Building Code, or in an unsafe and dangerous manner, the Building Inspector and/or Code Enforcement Officer or his designee may issue a stop-work order or order to remedy. Service of process of a stop-work order or order to remedy violation shall be effective if served personally on the applicant, owner or agent at the work site or if sent to the applicant or owner by certified mail, return receipt requested, as well as by regular mail, or if sent by fax, provided that the fax number is printed on the letterhead of the addressee, applicant or owner in the ordinary course of its business.

No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in § 280-a of the Town Law.

No building permit shall be issued for a lot in a subdivision requiring approval by the Planning Board unless the subdivision map has been properly filed in the office of the County Clerk.

No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.

No building permit shall be issued for a building to be used for any special exception use in any district where such use is subject to approval by the Planning Board unless and until such approval has been duly granted by the Planning Board.

No building permit shall be issued for any lot where the taxes for the roadway which is to be offered for dedication to the Town of Highlands are unpaid.

It is necessary that all permittees of all building permits issued within the Town of Highlands provide to the site of the construction proper and safe access for both construction vehicles and equipment, as well as emergency vehicles. To ensure this condition, the applicant/developer shall maintain access which will, at minimum, consist of a firm and unyielding gravel base to the site of the construction, capable of providing access to such vehicles as referenced herein.

For proposed Town roadways, the access shall be constructed in accordance with the Street Specifications of the Town. Prior to the issuance of a building permit, the applicant/developer shall have completed an acceptable proof roll, as further described in the Street Specifications, and shall have installed the full foundation course and all related utility work necessary for the placement and acceptance of the roadway foundation course. Prior to the issuance of a certificate of occupancy, the applicant/developer shall have completed the binder course of asphalt pavement for the roadway.

For proposed private roadways, the access shall be constructed in accordance with the Street Specifications of the Town. Prior to the issuance of a building permit, the applicant/developer shall have completed an acceptable proof roll, as further described in the Street Specifications, and shall have installed the full foundation course and all related utility work necessary for the placement and acceptance of the roadway foundation course. Prior to the issuance of a certificate of occupancy, the applicant/developer shall have completed the binder course of asphalt pavement for the roadway.

The Building Inspector and/or Code Enforcement Officer shall require the establishment of an escrow deposit to reimburse the Town for the professional review or inspection fees charged in connection with the review of the building permit application by an engineer, environmental expert, legal counsel and/or other professional as the Building Inspector shall deem reasonably necessary to assist it in the review of such application. The applicant shall then provide funds to the Town for deposit into such account in an amount determined by the Building Inspector and/or Code Enforcement Officer and approved by the Town Board. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the Town and a new escrow account has been established to cover all post-approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post-approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project or, where applicable, public improvements have been accepted by the Town and any applicable maintenance period has expired.

Diligent prosecution. The construction of such building or structure shall have been begun and diligently prosecuted within three months of the effective date of the ordinance from which this article is derived, or any such amendment thereto.

Completion. The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of the ordinance from which this article is derived, or any amendment hereto.

Revocation of permit. In the event that either condition of Subsection A or B or this section is not complied with, such building permit shall be revoked by the Code Enforcement Officer.

Required prior to use. It shall be unlawful to use or permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved, or put into use, in whole or in part, after the effective date of the ordinance from which this article is derived, or of any building, structure, premises, lot or land, or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner.

Compliance. No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure, or part thereof, and the intended use thereof are in conformity in all respects with the provisions of this article.

In its review of a site plan and/or a subdivision pursuant to its powers found in Article 16 of the Town Law and, in particular, §§ 274-a, 276, and 277 of the Town Law of the State of New York, and in furtherance of the rules and regulations of the Planning Board, the Planning Board, in its sole discretion and pursuant to an evaluation for present and anticipated future needs for park and recreational facilities in the Town, may find that the proposed site plan or subdivision presents a proper case, or that a proper case exists in each specific application for site plan review or subdivision approval, for requiring that a park or parks be suitably located for playgrounds and other recreational purposes within the Town.

If it has been found and determined that there are defined portions of such land available for recreational and park facilities on the site of the proposed subdivision or proposed site plan, such lands shall be set aside for such recreational use by the applicant, and such lands shall be conveyed by the applicant to the Town to be used forever for such recreational uses. If there be no such approved site, the Planning Board may, upon making the findings and authorizations contained herein and as a condition of the approval of the site plan and/or subdivision, make an evaluation of the present and anticipated future needs for park and recreational facilities based on project population growth to which the particular site plan will contribute, and direct the applicant to pay to the Town the following sums of money to be used for the development of parklands, playgrounds and other recreational purposes and for no other purpose, the said monies to be deposited in a trust fund to be used exclusively for such park, playground or other recreational purposes, including the acquisition of property for such use.

Fees are required to be paid and deposited in full at the time of final subdivision or site plan approval, and no subdivision plat or site plan shall be signed by the authorized officer of the Planning Board until such payment is made. The fees shall be based on the number of residential units within the subdivision or as shown on the site plan and shall be fixed at $1,500 per residential unit.

For purposes of the above subsection, residential units include a one-family residential home, apartments intended for one-family use intended for occupancy by one-family, each co-op unit, each condominium unit and each unit held subject to a homeowners' association.

A violation of this article, and any failure to comply with an order to remedy or stop-work order after due service, and any violation of any requirement of this chapter or any statement, plan, application, permit or certificate approved or issued under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; and, upon conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed three months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.

If applicable, additional or alternative penalties may be as prescribed in New York State Executive Law § 382 or New York State Multiple Residence Law § 304.

Each week's continued violation under this section shall constitute a separate additional violation.

Any person, including any firm, corporation or other entity, owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent, agent or other person, who shall violate any provision of this chapter or fail to comply with an order to remedy or stop-work order or who shall violate any other regulation made under authority conferred thereby or who shall assist therein shall be guilty of an offense as set forth in § 268 of the Town Law and shall be liable upon conviction to a fine or imprisonment, or both, as provided herein.