No building or structure, including a mobile home, shall be erected or expanded so as to alter its exterior dimensions or so as to construct or alter a basement, cellar or foundation; no seasonal use shall be converted to a year-round use so as to effectively change the character and extent of such use; and no new, changed or expanded use shall be introduced or added to until a permit therefor has been issued by the enforcement officer. The issuance of a permit or other authorization or approval by the Adirondack Park Agency or any other agencies having jurisdiction over use of lands and waters in the Town shall be neither a prerequisite to nor in any way diminish the requirements for a permit under this chapter.

Issuance of a permit or any other prior action by the Town Board, Town Planning Board, and/or Town Board of Appeals favorable to an application, site plan, or other documents submitted to the Town for use, construction, development, redevelopment, subdivision, rehabilitation or expansion of land and buildings shall not be construed to waive, modify or otherwise affect any rights of county, state or federal agencies having jurisdiction over general or specific use and development of land and waters in the Town of Webb, including but not limited to the Herkimer County Planning Board, Adirondack Park Agency, New York State Department of Environmental Conservation, New York State Health Department, United States Environmental Protection Agency, Federal Aviation Administration, and the Federal Energy Regulatory Commission.

While the Town will refer certain land use and development applications to such agencies prior to any action by the Town and will seek to advise and assist an applicant as much as possible in any permit or approval procedures required by such agencies in accordance with this chapter, for example, in referral of Class A regional projects requiring review by the Adirondack Park Agency, all property owners and others subject to this chapter shall have the basic responsibility for determining and initiating procedures required by all agencies having jurisdiction and for complying with approval, permit and other requirements of such agencies, whether or not cited in this chapter.

There shall be submitted with all applications for a permit two copies of a layout or plot plan, drawn to scale, showing the actual dimensions of the lot to be built upon or used, the exact site and location on the lot of any existing and proposed buildings or installations and such other information as may be necessary to determine and provide for the enforcement of this chapter in accordance with Appendix B.[1] In particular, any application shall note the proposed method and accommodation of water supply and sewage disposal, and no permit shall be issued unless the application is in conformity with and contains adequate provision for assuring compliance with the Town Sanitary Code.[2]

The enforcement officer, Planning Board or Board of Appeals is authorized to require submission of a recent survey of the lot showing property boundaries and structures as part of the application where the enforcement officer or Board finds such a survey to be necessary for complete understanding of the application.

Whenever any proposed amendment of this chapter or approval of a conditional use, waiver of nonapplicability or variance in accordance with this chapter would change the district classification of or a regulation applying to real property lying within a distance of 500 feet from any boundary line of a neighboring municipality or within 500 feet of any county or state park, right-of-way, or other property, said proposed amendment, conditional use, waiver of nonapplicability or variance shall be referred to the Herkimer County Planning Board, which Board shall have 30 days after receipt of such referral in which to report its recommendations to the Town Board, Planning Board, or Board of Appeals issuing the referral.

Failure of the County Planning Board to report within 30 days may be construed to be approval by said Board. If said Board disapproves the proposal or recommends modification thereof, the Town shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members of the applicable Board having jurisdiction and after adoption of a resolution setting forth the reasons for such contrary action. The County Planning Board shall be notified regarding action taken by the Town on any matter previously referred to the Board within seven days following such action.

Class A regional projects as identified in the Act and in Appendix C[1] of this chapter shall be referred to the Agency for approval and issuance of a permit as may be required. The Town will notify an applicant for such a project of procedures required to make application to the Agency.

Class B regional projects as identified in the Act and in Appendix C of this chapter shall be reviewed by the Town in accordance with provisions herein. The Town shall notify the Agency of applications for such projects and of public hearings to be conducted in connection with such applications and shall otherwise provide or request an applicant to provide any additional information requested by the Agency. See Subsection C, Town review of Class B regional projects.

Certain proposed amendments to this chapter as identified in the Act shall be referred to the Agency for review and action prior to Town action.

Certain applications for variances from this chapter dealing with land located outside of Agency designated Hamlet areas, as identified in the Act, shall be referred to the Agency for review and action prior to Town action. Any granting of a variance by the Town is also subject to subsequent Agency notification and concurrence. Variances subject to such Agency review generally deal with local shoreline restrictions, minimum lot areas or other development intensity controls, and incompatible uses or other deviations from the Adirondack Park Plan.

All referrals and related dealings with the Agency shall be conducted in compliance with the Act and with Agency rules and regulations, or as may be otherwise agreed between the Agency and the Town.

Development considerations:

Any violation of this chapter pertaining to the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations of the Town of Webb herein or pertaining to a use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations of the Town of Webb herein is hereby declared to be an offense, punishable by a fine not exceeding $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, both of which were committed within a period of five years, punishable by a fine 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, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each period of one week (seven consecutive calendar days) of continued violation shall constitute a separate additional violation.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this chapter or other regulation made under authority conferred thereby, the Town Board, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises; and upon failure or refusal of the Town Board to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to 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 the Town Board is authorized to do.