A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.

The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.

The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.

Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements the provisions of this chapter shall control.

Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.

No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.

It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.

Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall refer the matter to the Zoning Board of Appeals for its interpretation and decision.

The Building Inspector shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.

If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.

All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.

Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this chapter.

After completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.

The following site plan provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as grading, drainage, sidewalks, curbs, parking, landscaping, fences and driveways.

Building permit applications for any building or structure or use, other than a single- or two-family dwelling or their accessory buildings or structures, shall include four copies of a site plan drawn to scale and showing the following:

Requirements for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations or in construction specifications of the municipality.

The Building Inspector shall forward one copy each of the site plan to the Chairman of the Planning Board, the Municipal Engineer, if there is one, and the Chairman of the Conservation Board for their recommendations before issuance of a building permit.

In the case of special exception use or variance applications, the site plan shall be the subject of a preliminary review in accordance with the above procedure, before action is taken by the Planning Board or Board of Appeals, respectively.

Building permits for special,exception uses or variances shall be in accordance with the conditions established by the Planning Board or Board of Appeals, respectively.

When an applicant for such a building permit for a special exception use questions the interpretation of the site plan requirements, he may appeal the decision to the Board of Appeals.

When this chapter requires and after the approval of the application and before stripping of any ground cover, construction of any sort, site grading or any other site improvements or before the issuance of any permit, the applicant shall make, execute and file with the Town Clerk a letter of credit in the amount of estimated cost of the total project to be covered by the letter of credit. Said estimate shall be prepared by the applicant, verified by the Town Building Inspector, approved as to form by the Town Attorney and finally approved by the Town Supervisor. No letter of credit will be acceptable that requires approval of the applicant for release of funds and such letter of credit shall be in the control of the Town of Wheatland and shall allow the Town to extend the expiration date as necessary. The above party or parties shall guarantee that, upon termination of the operation, the project shall be in conformance with both the approved specific requirements and the standards set forth in this chapter. In the event of a default of the clients in compliance with the conditions of this chapter and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a request is made by the applicant to the Supervisor for a release from the letter of credit.

Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure, or the use thereof, provided that:

In the event that the condition of either Subsection A(1) or A(2) above is not complied with, such building permit shall be revoked by the Building Inspector.

It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof, hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter, or of any building, structure, premises, lot or land or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.

The Building Inspector shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article VII and in cases involving site plan approval; and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article VIII.

Fees for an application for any permit approval, variance, rezoning or any other action requested or required pursuant to this chapter shall be as set from time to time by resolution of the Town Board and set forth in the Schedule of Fees.

The Town Council, Zoning Board of Appeals and Planning Board, in the review of applications made to them as provided for in this chapter, may refer any such application presented to them to such engineering, architectural, planning, technical, environmental or other legal professional consultant as shall be reasonably necessary to enable them to review such application as required by law. The amount of the fee shall be determined by the Board and the professional consultant at the time the application is made. Each of the consultants shall estimate their fees based on the services to be rendered on behalf of the Town from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part of the same.

When the amount of the fee or fees has been determined, the applicant shall make an escrow deposit with the Town, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The applicant's application shall not be deemed complete until such time as said escrow deposit has been made. If during the course of the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.

Upon completion of said review and within a period of 45 days thereafter, the Board shall adopt a resolution specifying whether the escrow deposit amount specified was sufficient, excessive or insufficient. In the event that a respective Board should determine that said amount is excessive, then the balance shall be returned to the applicant. In the event that the Board should determine that the escrow deposit was insufficient, it shall so specify and the applicant shall be required to make payment of such additional amount.

Payment of the fees set forth herein shall be deemed a condition of any final approval and shall further be a condition precedent to the issuance of any building permit, zoning permit, certificate of occupancy or any other permit or approval issuable under this chapter.

Where a violation of this chapter is determined to exist, the Building Inspector shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist, and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist.

Such notice shall require the removal of the violation within 10 days after service of the notice.

In cases where the removal of the violation within 10 days would be manifestly impossible, the Building Inspector shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.

If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.

Violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, 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 week's continued violation shall constitute a separate additional violation.

In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or lot or to prevent any illegal act, conduct, business or use in or about such premises.