The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy.

The Building Inspector shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, or identified by the Building Inspector, and such record shall show the disposition of all such violations.

The Building Inspector shall make a report to the Town Board in writing, at least once each month, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and disposition or pending action of such violations.

No building or structure shall be erected, constructed, enlarged, altered or moved, or excavation made therefor, or work begun thereon, nor shall any land shown in Zone A on the Flood Hazard Boundary Map of the Town of North Castle be mined, dredged, filled, cleared, graded, paved or excavated, nor shall any drilling operations, except as required for individual water supply, be commenced thereon, until a permit therefor has been issued by the Building Inspector. A building permit shall be required for additions; structural alterations; structural repairs; structures; swimming pools; fences; fireplaces, including wood-burning stoves; fuel tanks; interior and exterior commercial alterations; signs; and all other buildings and structures as required by the Building Inspector. In accordance with Article VII of the Westchester County Sanitary Code, written approval for any separate disposal system shall be obtained before any building permit may be issued. Except upon a written authorization of the Board of Appeals, under circumstances set forth in § 355-77B(3), no building permit shall be issued for any land, building or structure where said action would be in violation of any of the provisions of this chapter.

Before any permit shall be issued, written application therefor shall be made in duplicate on official Town forms. All applications shall be accompanied by a fee, in such amount as set forth in the Master Fee Schedule,[1] and two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of all buildings proposed to be built on the lot, and of any existing buildings or structures that shall remain, the existing and intended use of each building or part of the building, the estimated cost, the official base flood elevation data provided by the Federal Insurance Administration or, in the event such data is not yet available, any base flood elevation data which is approved by the Town Engineer and is available from federal, state, county or Town agencies, or other sources, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. Except for a permit exclusively for a sign, a plot plan shall also show all public service lines, septic tanks and other sanitary facilities, the number of families that the building is designed to accommodate, the nature of the improvement and the intended use or purpose to be made of the improvement and premises. One copy of such plan, properly endorsed, shall be returned to the owner, either in person or by mail, when such plans shall have been approved by the Building Inspector. In riverine situations, the Building Inspector shall notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administration.

The Building Inspector may require a topographic survey showing at two-foot intervals the contours of the lot or, in the case of large lots, of that area between the street and the proposed structure and extending to each side and to the rear thereof as far as the Building Inspector may deem necessary for the enforcement of this chapter.

The Building Inspector, upon consulting with the Town Engineer, shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If the proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement must be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; be constructed with materials and utility equipment resistant to flood damage; be constructed by methods and practices that minimize flood damage; and assure that the flood-carrying capacity within any altered or relocated portion of any watercourse is maintained. It is specifically required for mobile homes that:

Based upon the base flood elevation data, the Building Inspector shall require that:

The Flood Hazard Boundary Map for the Town of North Castle, as such may be issued by the Federal Insurance Administration, and any officially published revisions thereto, shall be the official map for the enforcement of this chapter. Zone A on said map delineates the area within which the floodplain requirements of this chapter shall be enforced.

A building permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated value and the intended use or purpose to be made of the improvement and premises. It shall bear data of issuance and be signed by the official issuing the same. Such official shall review the proposed action to assure that all necessary permits have been received from governmental agencies as required by federal and state law, including Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334, and shall require as a condition to the issuance of the permit any additional measures which he determines are necessary to comply with the requirements of this chapter. The Building Inspector may revoke a building permit for any structure or building that does not comply with any such additional measures that were required at the time of the issue of the permit. The original application and a duplicate copy of the plans, specifications and permit issued shall be filed immediately in the office of the Building Inspector. No building, land or premises shall be used for any purpose other than that stated in the permit. A duplicate copy of the building permit shall be prominently posted on the premises prior to the initiation of any work for which said permit has been granted.

Where, in the opinion of the Town Board, any permit hereinafter issued by the Building Inspector was improperly or unlawfully issued or was procured through fraud or deception, the Town Board may direct the Building Inspector to revoke the same.

No building permit shall be issued for a use requiring special permit approval, except in conformity with the procedure set forth in §§ 355-33 through 355-39. No building permit shall be issued for any use requiring site plan approval, except in conformity with the provisions of §§ 355-41 through 355-53. No building permit shall be issued for a use requiring approval under Chapter 177, Flood Damage Prevention, except in conformity with the provisions of that chapter.

A building permit shall be void if construction is not started within a period of 12 months, or is not completed within a period of two years of the date of said permit, except where a special permit is required, in which case the more restrictive provisions of § 355-39 of this chapter shall be complied with.

Any building, extension, or alterations for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter, or of an amendment thereto, and the ground-story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or an amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within one year of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.

Wherever the Town Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.

Upon completion of the foundation wall of a building, the owner or his authorized agent shall submit to the Building Inspector a certified plot plan prepared by an engineer or land surveyor licensed to practice in the state showing the location of such foundation walls on the lot. If the building is located within Zone A of the North Castle Flood Hazard Boundary Map, the plot plan shall also show the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, whether or not such structures contain a basement and, if the structure is to be floodproofed, the elevation, in relation to mean sea level, to which the structure will be floodproofed. The Building Inspector shall maintain a record of all such information. No building shall thereafter be constructed above the foundation walls until said plot plan survey has been approved by the Building Inspector as complying with the pertinent provisions of this chapter. No certificate of occupancy shall be issued until a certified survey showing the completed building and all appurtenances upon the property has been submitted to and approved by the Building Inspector.

It shall be unlawful for an owner to use or permit the use of any building or premises, or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partially in its use or structure, until a certificate of occupancy shall have been issued by the Building Inspector. In accordance with Article VII of the Westchester County Sanitary Code, no certificate of occupancy may be issued unless a certificate of completion has been issued. In the event of a change of use or occupancy of any existing building or premises, except for one single-family dwelling, site plan approval in accordance with the standards and procedure of §§ 355-41 through 355-53 of this chapter shall be required prior to the issuance of a certificate of occupancy. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that the building or premises conform to all of the requirements herein set forth.

Application for such a certificate shall be made on official form and filed with the Building Inspector. Within 10 days thereafter, the Building Inspector shall act thereon by either issuing a certificate or by denying the application. He shall forthwith notify such owner or applicant in writing personally, or by mail, of his decision. Every applicant for a certificate of occupancy shall pay therefor, to the Building Inspector, a fee as stated on the building permit application.

A temporary certificate of occupancy for a residential or commercial building or part thereof may be issued for a period not to exceed 90 days, provided that said building or part thereof must be completely enclosed, watertight and have been passed by the Building Inspector on both the footing and framing inspections. All electrical systems must be installed, and the Board of Fire Underwriters' final inspection must be completed, and a certificate of final inspection must have been issued to the applicant. The heating system must be permanently installed in accordance with the manufacturer's directions. Temporary controls may be used to operate said heating system. Domestic water must be available for said premises or portion thereof if required. A septic system must be installed or a sanitary sewer connection shall be completed. In accordance with Article VII of the Westchester County Sanitary Code, no temporary certificate of occupancy may be issued, unless a certificate of completion has been issued. Provided that good cause can be shown, the Building Inspector shall have the power to grant two extensions of such temporary permit for an additional period of 90 days each.

A certificate of occupancy is required for both initial, continued or changed occupancy and use of building or land to which it applies. It shall continue in effect as long as such building and the use thereof, and the use of such land is in full conformance with the provisions of the chapter at the time of approval and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or site plan approved by the Town Board, Planning Board or Board of Appeals acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements. In the event of a change of use or occupancy of any existing building or premises, a certificate of occupancy shall become null and void unless the building and/or premises are in conformance with the provisions of any required approved site plan within six months of the date of approval of said site plan.

Thirty days after the service of notice by the Building Inspector of any violation of any of the provisions or requirements with respect to any building or the use thereof, or of land, the certificate of occupancy for such use shall thereupon become null and void.

A copy of an existing certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request, the Building Inspector may issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conforms to the provisions of this chapter.

Any person who shall violate any provision of this chapter or who shall violate any other regulation made under authority conferred thereby or who shall knowingly assist therein or who shall use any land, building or premises in violation thereof, or who shall design any building or other structure to be used in violation of this chapter or such regulations made supplemental thereto shall be guilty of an unclassified misdemeanor pursuant to the Penal Law and liable for a fine of up to $1,000 per day per violation or to imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.

Any firm, corporation or other entity who or which shall violate any provision of this chapter or who or which shall violate any other regulation made under authority conferred thereby or who or which shall knowingly assist therein or who or which shall use any land, building or premises in violation thereof, or who or which shall design any building or other structure to be used in violation of this chapter or such regulations made supplemental thereto shall be guilty of an unclassified misdemeanor pursuant to § 80.10 of the Penal Law and liable for a fine in the amount of $1,000. For purposes of this subsection, "gain" is defined in § 80.00 of the Penal Law.

For purposes of this section, subsequent violations consist of violations of any section of this Chapter 355.

Each day's continued violation thereof shall constitute a separate additional violation. In addition to the foregoing punitive and remedial provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter, as now or hereafter may be provided by law.

In accordance with Municipal Home Rule Law § 10(1)(ii)(d)(3), the Town has resolved to supersede New York State Town Law § 268 for violations concerning illegal housing. Therefore, any person, firm, corporation or other entity who or which is convicted of having an illegal apartment or illegal multifamily home will be guilty of an unclassified misdemeanor pursuant to the Penal Law. The fines contained in Subsection A will not apply to such a conviction. Instead, any person convicted of such an offense shall be liable for a fine of $1,000 per day and/or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense.

In case any building or structure is erected, constructed, reconstructed, altered, converted, located, or maintained, or any building, structure, land or premises is used in violation of this chapter or any regulation made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, land or premises, or to prevent any illegal act, conduct, business or use in or about such premises. The Building Inspector shall serve written notice, either by personal service or by certified mail, return receipt requested, addressed to the premises of such violation, on the person or corporation committing or permitting the same and, if such violation does not cease within such time as the Building Inspector shall specify, which shall be not less than five days, he may institute such of the foregoing actions as may be necessary to remove the violation. Such notice may also be served by posting on the premises.

Organization.

Powers and duties.

All appeals and applications to the Board of Appeals shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of this chapter by filing with such administrative official and with the Board of Appeals a notice of appeal specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Each appeal or application shall fully set forth the circumstances of the case; shall refer to the specific provision of this chapter involved; and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the ground for which it is claimed that the same should be granted.

Notice of hearing.

Referral to other agencies. At least five days before the date of the hearing required by law on any application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the County of Westchester Department of Planning, as required by § 239-m of the General Municipal Law, and the Secretary of the Planning Board copies of said application or appeal, together with copies of the notice of the aforesaid hearing.

Compliance with State Environmental Quality Review Act (SEQRA). The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

Action by Board of Appeals. Every decision of the Board of Appeals shall be by resolution; shall be recorded in accordance with standard forms adopted by the Board; and shall fully set forth the circumstances of the case and the findings on which the decision was based. Timely notice of all decisions shall be given to all parties to the proceedings. The Board shall decide on matters referred to it within 62 days after the final hearing and shall, within five days thereafter, file a copy of each such resolution in the office of the Town Clerk, together with all supporting documents, and a copy of said resolution with the Planning Board and the Building Inspector and one copy of said resolution shall be mailed to the applicant. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Article 78 proceeding; how taken on Board of Appeals actions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the Town, may apply to the Supreme Court for relief in the manner provided for by law.

A fee shall be charged in connection with the review of any zoning application or petition requesting any amendment, supplement, change, modification or repeal of the zoning regulations or district boundaries; any special permit; and any site plan application or any extension of time described in or contemplated by this chapter in such amounts as set forth in the Master Fee Schedule.[1]

Review of applications; escrow accounts.