General. No board, agency, officer or employee of the town shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under § 246-12.

Enforcing authority. The provisions of this chapter or any rules or regulations authorized hereunder shall be enforced by the Department of Planning and Development, or a designated member of said Department. The Department of Planning and Development and any duly authorized assistants shall have the right to enter any building or enter upon any land at any reasonable hour in the course of their duties. They shall maintain files of all applications for building permits and site plans submitted therewith and for certificates of occupancy, and records of all building permits and certificates of occupancy issued by them, which files and records shall be open to public inspection.

Penalties for offenses. Pursuant to § 268 of the New York State Town Law, as amended, a violation of this chapter or failure to comply with any requirement instituted pursuant thereto, or the use or alteration of any building, structure or land in violation of any statement or plan submitted and approved thereunder, is hereby declared to be an offense, punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense committed within a period of five years, the punishment shall be a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense committed within a period of five years, the punishment shall be a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Violations of this chapter may be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Violation of directives. In addition to, and notwithstanding any other remedy for an offense pursuant to the requirements of this chapter, any person violating a directive issued by the Commissioner of Planning and Development, or his or her duly authorized representative, which directive is duly issued pursuant to the provisions of this chapter or any approval or permit granted in relation thereto, shall be guilty of a violation punishable by a fine not to exceed $900 or imprisonment for a period not to exceed 15 days, or both.

Violation of restrictive covenants. Whenever an application, including any plans related thereto, which is submitted to the Town Board, the Zoning Board of Appeals, the Planning Advisory Board or other Town agency, results in the imposition of conditions, covenants or other type of restrictions, whether by deed, by stipulation or by agreement, the owner, tenant and any other involved party shall be responsible for performing, fully and completely, all obligations created thereby. Failure to comply with the approved application, and with any and all conditions, covenants or restrictions, required by the approving agency in connection therewith, shall be deemed a violation of this chapter, subject to the penalties as provided above.

Injunctive relief. Pursuant to New York State Town Law, including, without limitation, §§ 65, 135 and 268, as amended, the Town of Oyster Bay hereby reserves the right to seek injunctive relief to enforce compliance with any provision of this chapter or of any permit or approval issued pursuant thereto.

Adjudication by the Bureau of Administrative Adjudication. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein. Any conduct deemed to be a misdemeanor, pursuant to § 246.14.7.1, shall be within the jurisdiction of the District Court of Nassau County or other court of competent jurisdiction.

Professional consultant review. The Town Board, the Zoning Board of Appeals, the Planning Advisory Board and the Department of Planning and Development, in connection with their review of any application or pre-application which may come before them, may refer such application or pre-application to such professional(s) as they deem necessary to enable them to properly administer their responsibilities. Fees charged by such professionals shall be in accord with fees usually charged for such services in the New York Metropolitan Region and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of an invoice by the professional and upon approval by the Town Board. The applicant shall reimburse the Town for the cost of such professional review services in accordance with the procedures described below and subject to the deposit requirements as set forth in § 246-14.8.3, Schedule of Trust Account Deposits. Such fees shall be in addition to any and all other required fees.

Trust accounts. At such time as a reviewing agency determines that a professional(s) will be retained to assist in its review of an application, the applicant shall submit to the Department of Planning and Development a check payable to the "Town of Oyster Bay" in the amount as set forth in § 246-14.8.3. Such amount shall be deposited into a trust account, out of which the Town will reimburse the professional(s) which the reviewing agency has retained. No such application or pre-application shall be considered complete for review purposes until said trust account is funded in accordance with the Schedule of Trust Account Deposits. The applicant shall be provided with copies of any invoices and supporting documentation submitted to the Town for payment for such professional review services. When the balance in such trust account is reduced to 1/3 of its initial amount, the applicant shall be required to submit to the Department of Planning and Development additional funds as necessary to restore the balance in such account to the amount of the initial deposit. If such account is not so replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing agency may suspend all review of the application. A building permit or certificate of occupancy shall not be issued until and unless all professional review costs in connection with the applicant's project have been fully reimbursed to the Town. After all pertinent charges have been paid, the Town shall refund to the applicant any unused funds remaining on deposit in such account.

Schedule of Trust Account Deposits. The Schedule of Trust Account Deposits shall be maintained at the Department of Planning and Development. All trust account deposits shall be submitted to the Department of Planning and Development in the amount as determined by the Commissioner of the Department of Planning and Development. If a proposed action involves multiple approvals, a single trust account will be established. The total amount of the initial deposit shall be the sum of the individual amounts indicated.

If the affiant is an individual, the affiant's name, address of residence and age.

If the affiant is a partnership, joint venture or other business entity, except a corporation, it shall set forth:

If the affiant is a corporation, it shall set forth:

All affiants shall set forth the names and mailing addresses of all persons, individuals, partnerships and/or corporations who are the holders of any instrument creating an encumbrance upon the property which is the subject of the application and shall also state the nature of such encumbrance.

All affiants shall state to the best of their knowledge whether any person mentioned in the affidavit is a current town officer or employee or is related to a town officer or employee. If such is the case, the affiant shall provide full details.

All affiants shall set forth all prior enforcement actions against any party who has an interest in the application or the property, arising from any violation of any law, statute or civil action, whether said action has occurred within the Town of Oyster Bay or in any other jurisdiction within or beyond the borders of the United States of America. Said disclosure shall be only in a manner prescribed by the Town Board. Failure to fully comply with this section shall cause the application to be judged incomplete and shall prevent said application from being entertained in any manner by the Town Board. Said affiants shall supplement their affidavit within 48 hours of any change affecting their disclosure statement occurring prior to a decision on their application. Any incorrect or incomplete statements made in the disclosure which may come to the attention of any enforcement agency or individual of the Town of Oyster Bay after the approval of the application to which the disclosure is attached shall cause the approved application and any other permit or approval issued by any Town department or individual pursuant thereto to be reviewed as follows:

In the event that there is any change in any matter set forth on any affidavit submitted hereunder prior to the time a certificate of occupancy is granted to the subject premises, the affiant affected by such change shall file a supplemental affidavit within 48 hours after such change has occurred, giving the full details thereof. The new party introduced by said change, if any, shall, within 48 hours after such change has occurred, also file an affidavit in compliance with the requirements of this section and shall thereafter be subject to all the requirements as set forth in this section.

Corporations whose stock is listed on a stock exchange or sold over the counter under regulation of the Securities and Exchange Commission, lending institutions licensed or franchised by the State of New York and public corporations are excluded from the provisions of this section.