All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code Ordinance, Building Code, the NYS Uniform Fire Prevention and Building Code, the NYS Energy Code, the National Electric Code the National Standard Plumbing Code, all as the same now exist or are amended hereafter, and/or other generally accepted standards, at the discretion of the Building Inspector where allowed by law or regulations. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair, demolition, 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 chapter.

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, contradict the intent or the provisions of this chapter.

After completion of footings and establishing of the forms on the first course of the foundation walls, or equivalent structure, 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 lines of the lot, and a copy of such survey shall be filed with the Building Inspector before any further construction is commenced, unless granted temporary waiver by the Building Inspector.

No building and/or demolition permit shall be issued by the Building Inspector for any property that is subject to the procedures of the Town of Montgomery Historic Preservation Law (Town of Montgomery Local Law No. 1 of 1997),[1] as amended, without a prior referral of such building and/or demolition permit application in accord with the requirements of said Historic Preservation Law. All subsequent action by the Building Inspector regarding the decision on such permit application shall be in accord with the requirements of said Historic Preservation Law, including, without limitation, the final determination of the Historic Preservation Commission or the Town Board, as the case may be. (See Attachment 4 of this chapter.)

The Building Inspector shall obtain a written order from the Planning Board before issuing a building permit in a case involving a special permit use pursuant to § 235-15.4 or from the Zoning Board of Appeals before issuing a building permit in a case involving a variance from the provisions of this chapter.