No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including special permits by the Town Board, for any construction, reconstruction, alteration, enlargement or moving of any "building," or for any "use" of land or "building" that would not be in full conformance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof, and any work undertaken or "use" established pursuant to any permit license, or certificate or authorization shall be unlawful, and no action will be taken by any board, agency or employee of the Town purporting to validate any such violation.

This Chapter shall be enforced by the Building Inspector in accordance with the provisions of this chapter.

Records and reports.

No "building" or "structure" shall be erected, enlarged, structurally altered, reroofed, demolished, moved or removed, wholly or partly, and no excavation for any "building," "structure" or "use" shall be made until a permit therefor has been issued by the Building Inspector. The conversion to living space of any "garage" or carport attached to a "one-family dwelling" shall be deemed to be the enlargement of a "building" or "structure" within the meaning of this section, and no building permit for any such conversion shall be issued unless the requirements of § 113-72 with respect to a new "one-family dwelling" are complied with. Except upon a written authorization of the Board of Appeals, no such building permit certificate of conformance or certificate of occupancy shall be issued for any "building" where such construction, addition, alteration, moving or "use" thereof would be in violation of any of the provisions of this chapter.

No building permit shall be issued for the construction of any detached accessory "building" of the "structure," inclusive of "garages," utility sheds, storage sheds or any other outbuildings, until such time as the principal "building" of the approved bulk, size and arrangement has been substantially completed on a "lot" conforming in all respects to all applicable provisions of this chapter.

After building permits for permitted construction have been granted in accordance with the appropriate provisions of this chapter, a temporary construction shed may be erected on the "lot" on which primary construction is to be undertaken. Such construction shed shall not be larger in size than 36 square feet unless an application therefor is made to the Building Inspector, such application adequately showing the need for a construction shed of larger size. At the discretion of the Building Inspector, permission may be granted for the temporary erection and "use" of such larger construction shed. All construction sheds shall be immediately removed in the event that the Building Permit originally issued by the Building Inspector either expires or becomes void or immediately upon completion of the work authorized by the Building Permit, prior to the issuance of a certificate of conformance and/or certificate of occupancy, as required. Under no circumstance shall any construction shed be used for residential purposes.

A building permit shall be void if construction is not started within a period of 60 days or completed within a period of one year of the date of said permit. Such building permit may be renewed by the Building Inspector for an additional period of time, under the same procedure and pursuant to the provisions of this chapter, as they may apply. Renewal of a building permit shall require the preparation and submittal of a construction phasing schedule which shall give priority to completion of the exterior building and site improvements, and which schedule shall be a condition of said Building Permit renewal.

In addition to any information required by the Building Inspector to determine conformance with the New York State Building Code, there shall be submitted with all applications for building permits three 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 the existing "building" and "accessory buildings" and the lines within which the "building" or "structure" is to be erected or altered, the existing and intended "use" of each "building" or part thereof, the number of families or housekeeping units that a "building" is designed to accommodate 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. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on the plan relating to the location and size of the "lot" to be built upon shall be used on an actual survey prepared by a licensed land surveyor, and the "lot" shall be staked out on the ground before construction is started. The Building Inspector, after inspection of the property, may require information relative to the contours of the "lot" where the "building" or "buildings" are to be located.

Swimming pools.

Tennis courts.

The Building Inspector 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"; "use" construction materials and utility equipment that are resistant to flood damage; and "use" construction methods and practices that will minimize flood damage and comply with all other requirements of the Flood Damage Prevention Law.[1]

It shall be unlawful for an owner to make or permit any new "use" of land or to "use" or permit the "use" of any "building" or "premises," or part thereof, created, erected, changed, converted or enlarged, wholly or partly, in its "use" or "structure" after the effective date of this amended chapter until a certificate of conformance and occupancy shall have been issued by the Building Inspector. 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. The lack of a certificate of conformance and occupancy for "uses" and "buildings" existing as of the date of the adoption of this chapter shall not, of itself, be deemed to be nonconformance with this chapter. It shall be the duty of the Building Inspector to issue a certificate of conformance and occupancy, provided that he is satisfied that the "building" and the proposed "use" of the "building" or "premises" conform to all the requirements herein set forth. A certificate of conformance and occupancy shall be applied for coincident with an application for a building permit.

A certificate of conformance and occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and "use" of the "building" or land to which it applied and shall continue in effect as long as such "building" and the "use" thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.

The Building Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the "building" affected. Upon written request from the owner, the Building Inspector shall issue a certificate of conformance and 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.

Properties adjoining roads under construction.

The Town Board, the Planning Board, the Zoning Board of Appeals, the Water Control Commission and the Building Inspector are hereby authorized to require the establishment of performance and restoration guarantees as part of any permit or approval issued or granted thereby. Unless otherwise waived by the approving or permitting agency, a letter of credit, performance bond or equivalent financial security shall be delivered to the Town to guarantee thereby to the Town that the applicant shall:

Procedures. The Town shall require letters of credit, performance bonds or equivalent financial security for any construction and site work involving grading, curbs, sidewalks, utilities, lighting, driveways, parking lots, plantings, signs, fences, etc., as indicated on the approved plans or building permits as well as restoration and remediation of violations involving such work. Unless otherwise required, no financial guarantees are required for construction of a principal building or structure covered by a building permit.

All nonrefundable application fees shall be in an amount as may be from time to time set forth in a fee schedule established by resolution of the Town Board. No fees shall be required from the Town or any of its "districts."

Reimbursement of professional review fees. The Town Board, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to it, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in Westchester County and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the approving agency, in accordance with Subsection C(1) herein concerning the establishment of escrow accounts. Such professional review fee reimbursement costs shall bear a reasonable relationship to the average costs for applications of that type. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter, or any other Town law, ordinance or regulations.

Escrow account procedures.

All required fees shall be collected by the Clerk or Secretary of the board having jurisdiction over the application.

Any owner, lessee, tenant, occupant, architect or builder, or the agent of any of them, who violates or is accessory to the violation of any provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, constructs, "alters," enlarges, converts or moves or "uses" any "building" or "uses" any land in violation of said detailed statement or plans submitted by him and approved under the provisions of this chapter shall be guilty of an offense and shall be liable to a fine which shall not exceed $2,500 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment per violation. Each week's continued violation shall constitute a separate additional violation. Violations shall be prosecuted and penalties collected in the manner prescribed by law or regulation effective in the Town.

Any "building" erected, constructed, altered, enlarged, converted, demolished, moved or removed or used contrary to any of the provisions of this chapter, and any "use" of any land or any "building" which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful. The proper Town authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or "use" in violation of any of the provisions of this chapter. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town residing in the "district" wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do. The Building Inspector shall serve notice personally or by registered mail, and, if by mail, it shall be addressed to the owner or occupant of the "premises" where such violation exists, at the address given by him upon the application for any permit required under the provisions of this chapter or the Building Code of the Town, or to the last known address of the owner as shown by the records in the office of the Town Receiver of Taxes or in the Office of the Clerk of the County of Westchester, and if such violation does not cease within such time as proper Town authorities may specify and a new certificate of conformance and/or certificate of occupancy is not obtained, they shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the "premises." The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.