Tuckahoe City Zoning Code
ARTICLE X
Administration and Enforcement
§ 10-1 Building permits; certificates of occupancy; penalties for offenses.
[L.L. No. 4-2006, § 1]
10-1.1.
Building Permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued, upon application, by the Building Inspector, as provided in the Building Code.
10-1.1.1.
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.
10-1.2.
Certificate of Occupancy.
10-1.2.1.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector, as provided in the Building Code:
10-1.2.2.
Every certificate of occupancy in connection with which a variance has been granted shall contain a detailed statement of such variance and of any conditions to which the same is subject.
10-1.3.
Violations and Penalties.
10-1.3.1.
Any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof in the Village for any purpose other than the uses permitted therefor in this chapter, or who erects, enlarges, alters or maintains, or causes to be erected, enlarged, altered or maintained, any building or any part thereof in the Village except in conformity with the provisions of this chapter, or who uses or maintains, or causes to be used or maintained, any building or any part thereof in the Village which has been erected, enlarged or altered other than in conformity with the provisions of this Zoning Ordinance shall be subject to a minimum fine of $450 and a maximum fine of $750. Each and every day that a violation continues shall constitute a separate offense. The provisions of this section, and the provisions establishing penalties for violating this chapter set forth elsewhere, shall supersede the provisions of the New York State Village Law to the extent that they are inconsistent therewith.
10-1.3.2.
If any owner, lessee, contractor, agent or other person fails to abate any violation of this Zoning Ordinance within five calendar days after written notice has been served personally upon said owner, lessee, contractor, agent or other person, or within 10 days after written notice has been sent to said person by first class mail and certified mail, return receipt requested, at said owner's, lessee's, contractor's agent's or other person's home or business address, said owner, lessee, contractor, agent or other person shall be subject to a civil penalty of $100 for each and every day that said violation continues, recoverable by suit brought by the Village and to be retained by it.
10-1.3.3.
Any said violation of this chapter may also be enjoined pursuant to law.
10-1.3.4.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.
§ 10-2 Amendments.
10-2.1.
This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Board of Trustees on its own motion or on petition, as provided in the Village Law.
10-2.2.
Each petition for a zoning amendment shall be accompanied by such fee as shall be otherwise prescribed, payable to the Village Clerk upon the filing thereof. If no hearing is held, the fee shall be refunded to the petitioner in full. No fee shall be required for petitions filed in favor of or against a pending application.
§ 10-3 Interpretation.
10-3.1.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where this chapter Imposes greater restrictions upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by existing provisions of law or ordinance or by any other rules, regulations or permits, adopted or issued at any time, the provisions of this chapter shall control. Wherever the requirements of this chapter differ from the requirements of another ordinance, the more drastic shall govern.
10-3.2.
In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall control.
§ 10-4 Invalidity.
10-4.1.
Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
10-4.2.
Should this chapter in its entirety be decided by the courts to be unconstitutional or invalid, the Zoning Ordinance of 1930, with its amendments, shall be deemed to have remained in effect.
§ 10-5 Fees.
[L.L. No. 1-2013, § 4]
10-5.1.
The fees for applications to the Planning Board and Zoning Board of Appeals are to be established by the Village Board at a public meeting and shall be posted in the Building Department and Village Clerk's office.
10-5.2.
Escrow accounts.
10-5.2.1.
At the time of submission of any application, or during the review process, the reviewing board may require the establishment of an escrow account from which withdrawals shall be made to reimburse the Village for the cost of professional review services. The applicant shall then provide funds to the Village for deposit into such account in an amount to be determined by the Building Department based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village.
10-5.2.2.
Where the Building Department establishes an escrow account for an application, the reviewing board shall not be required to consider that application until the deposit required under this chapter has been made.
10-5.2.3.
When the balance in such escrow account is reduced to 1/4 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing board may suspend its review of the application.
10-5.2.4.
A building permit or certificate of occupancy shall not be issued unless all professional review fees charged in connection with the applicant's protect have been reimbursed to the Village.
10-5.2.5.
After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit.
§ 10-6 Effective date.
10-6.1.
This chapter shall take effect 10 days after publication and posting following the adoption thereof by the Board of Trustees of the Village of Tuckahoe in the manner provided by the Village Law, except that this chapter shall take effect from the date of its service as against a person served personally with a copy hereof, certified by the Village Clerk and showing the date of its passage and entry in the minutes.