In applying and interpreting this article, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
or the general welfare. The following specific regulations shall apply:
A.
Use of required yard for another building. 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.
B.
Reduction of lot or yard. The required lot or yard
for an existing building or structure shall not be diminished below
the minimum requirements of this article.
C.
Parking spaces. The parking spaces required for one
building or structure shall not be included in the computation of
required parking spaces for a second building or structure or use.
D.
Underwater land. Underwater land shall not be included
in the computation of minimum lot area, and underwater land shall
not be included within any minimum required front, side or rear yard.
A.
Other laws.
(1)
Nothing contained in this article shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
New York State Uniform Fire Prevention and Building Code or any rules
or regulations adopted or issued thereunder, or any other provisions
of law, ordinance or regulations, existing or as may be adopted in
the future, when not in conflict with any of the provisions of this
article. Nor is it intended by this article to interfere with or abrogate
or annul any easements, covenants or other agreements between parties;
provided, however, that when this article 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 provisions of law, ordinance or regulations, or by such easements,
covenants or agreements, the provisions of this article shall control.
(2)
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this article, the
provisions of such other law or ordinance or regulation shall control.
B.
Encroachments. No provision contained in this article
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 Town street or highway.
A.
Code Enforcement Officer. It shall be the duty of
the Code Enforcement Officer to administer and enforce the provisions
of this article.
B.
Board of Appeals. Should said Code Enforcement Officer
be in doubt as to the meaning or intent of any provision of this article,
or as to the location of any district boundary line on the Zoning
Map,[1] 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 article, he or she shall appeal the matter to the Board of
Appeals for interpretation and decision.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
C.
Rules and regulations of Code Enforcement Officer.
The Code Enforcement Officer shall adopt rules of procedure, consistent
with this article, for the purpose of assuring efficient and uniform
administration of its provisions.
D.
Erroneous permit. If the Code Enforcement Officer
should mistakenly issue a building permit which violates the provisions
of this article, that building permit shall be invalid.
E.
In addition to his powers and duties to administer
and enforce this chapter, the Building Inspector and/or Code Enforcement
Officer shall have all of the powers and duties relating to the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code pursuant to Article 18 of the Executive Law of the State
of New York, as the same may be amended from time to time, together
with such rules and regulations as may be promulgated by the New York
State Secretary of State pursuant thereto and all the provisions of
all other laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of building and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
[Added 5-22-2006 by L.L. No. 3-2006]
F.
The Building Inspector and/or Code Enforcement Officer
shall, at reasonable times, be permitted access to inspect premises,
buildings or structures, whether erected after the enactment of this
chapter, already erected or in course of erection, for the purposes
of determining compliance with the provisions of this chapter.
[Added 5-22-2006 by L.L. No. 3-2006]
G.
Whenever there are reasonable grounds to believe that
any material, construction, equipment or assembly or the installation
thereof does not conform to the requirements of the applicable building
laws or regulations, the Building Inspector and/or Code Enforcement
Officer may require the same to be subjected to tests in order to
furnish proof of such compliance and/or may request certification
by a licensed engineer. The cost of any such tests or certifications
and the cost of furnishing proof of such compliance shall be borne
by the owner of the property or the person performing the work and
in no event shall be borne by the Town of Highlands.
[Added 5-22-2006 by L.L. No. 3-2006]
A.
Compliance with building code. All procedure with
respect to applications for and issuance of building permits shall
be in conformity with the provisions of the New York State Uniform
Fire Prevention and 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.
B.
Compliance. 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 article.
C.
Division of lots. 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 article.
D.
Inspection of site. 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 Code Enforcement
Officer. If required by the Code Enforcement Officer, 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 Code
Enforcement Officer before such construction is continued.
E.
Any building permit issued under false pretenses by
the applicant or in violation of the provisions of this chapter shall
be subject to a stop-work order or an order to remedy violation issued
by the Building Inspector and/or Code Enforcement Officer. Any work
undertaken or use which is not in conformity with this chapter shall
be unlawful and discontinued until brought into compliance with this
section. Whenever the Building Inspector and/or Code Enforcement Officer
otherwise has reasonable grounds to believe that any work is being
prosecuted in violation of this chapter, or regulations or other sections
of the Town Code, or the New York State Uniform Fire Prevention and
Building Code, or in an unsafe and dangerous manner, the Building
Inspector and/or Code Enforcement Officer or his designee may issue
a stop-work order or order to remedy. Service of process of a stop-work
order or order to remedy violation shall be effective if served personally
on the applicant, owner or agent at the work site or if sent to the
applicant or owner by certified mail, return receipt requested, as
well as by regular mail, or if sent by fax, provided that the fax
number is printed on the letterhead of the addressee, applicant or
owner in the ordinary course of its business.
[Added 5-22-2006 by L.L. No. 3-2006]
F.
No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway as stipulated in § 280-a of the Town Law.
[Added 5-22-2006 by L.L. No. 3-2006]
G.
No building permit shall be issued for a lot in a
subdivision requiring approval by the Planning Board unless the subdivision
map has been properly filed in the office of the County Clerk.
H.
[Added 5-22-2006 by L.L. No. 3-2006]
I.
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.
[Added 5-22-2006 by L.L. No. 3-2006]
J.
No building permit shall be issued for a building
to be used for any special exception use in any district where such
use is subject to approval by the Planning Board unless and until
such approval has been duly granted by the Planning Board.
[Added 5-22-2006 by L.L. No. 3-2006]
K.
No building permit shall be issued for any lot where
the taxes for the roadway which is to be offered for dedication to
the Town of Highlands are unpaid.
[Added 5-22-2006 by L.L. No. 3-2006]
[Added 5-22-2006 by L.L. No. 3-2006]
A.
It is necessary that all permittees of all building
permits issued within the Town of Highlands provide to the site of
the construction proper and safe access for both construction vehicles
and equipment, as well as emergency vehicles. To ensure this condition,
the applicant/developer shall maintain access which will, at minimum,
consist of a firm and unyielding gravel base to the site of the construction,
capable of providing access to such vehicles as referenced herein.
B.
For proposed Town roadways, the access shall be constructed
in accordance with the Street Specifications of the Town. Prior to
the issuance of a building permit, the applicant/developer shall have
completed an acceptable proof roll, as further described in the Street
Specifications, and shall have installed the full foundation course
and all related utility work necessary for the placement and acceptance
of the roadway foundation course. Prior to the issuance of a certificate
of occupancy, the applicant/developer shall have completed the binder
course of asphalt pavement for the roadway.
C.
For proposed private roadways, the access shall be
constructed in accordance with the Street Specifications of the Town.
Prior to the issuance of a building permit, the applicant/developer
shall have completed an acceptable proof roll, as further described
in the Street Specifications, and shall have installed the full foundation
course and all related utility work necessary for the placement and
acceptance of the roadway foundation course. Prior to the issuance
of a certificate of occupancy, the applicant/developer shall have
completed the binder course of asphalt pavement for the roadway.
D.
The Building Inspector and/or Code Enforcement Officer
shall require the establishment of an escrow deposit to reimburse
the Town for the professional review or inspection fees charged in
connection with the review of the building permit application by an
engineer, environmental expert, legal counsel and/or other professional
as the Building Inspector shall deem reasonably necessary to assist
it in the review of such application. The applicant shall then provide
funds to the Town for deposit into such account in an amount determined
by the Building Inspector and/or Code Enforcement Officer and approved
by the Town Board. The applicant shall be provided with copies of
the Town vouchers for such services as they are submitted to the Town.
The applicant shall deposit additional funds into such account to
bring its balance up to 100% of the amount of the full escrow deposit
by the last day of each month. No building permit shall be issued
unless all professional review fees charged in connection with the
review of the applicant's project have been reimbursed to the Town
and a new escrow account has been established to cover all post-approval
review costs, including but not limited to inspection of construction
of roads and driveways. No certificate of occupancy shall be issued
unless all professional review fees charged in connection with the
post-approval inspection and review of the project have been reimbursed
to the Town. No refunds of any funds remaining on deposit in escrow
shall be issued until after all pertinent professional review charges
have been paid and the final certificate of occupancy has been issued
to the project or, where applicable, public improvements have been
accepted by the Town and any applicable maintenance period has expired.
Nothing in this article 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 the ordinance from which this article is derived, or any amendment
thereto, affecting such building or structure, or the use thereof,
provided that:
A.
Diligent prosecution. The construction of such building
or structure shall have been begun and diligently prosecuted within
three months of the effective date of the ordinance from which this
article is derived, or any such amendment thereto.
B.
Completion. The entire building or structure shall
be completed according to such filed and approved plans upon which
the issuance of such permit was based, within one year from the effective
date of the ordinance from which this article is derived, or any amendment
hereto.
A.
Required prior to use. It shall be unlawful to use
or 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
the ordinance from which this article is derived, 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.
[Amended 3-10-1998 by L.L. No. 1-1998]
B.
Compliance. 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 article.
[Amended 6-23-1988 by L.L. No. 1-1988; 3-10-1998 by L.L. No.
1-1998]
Fees for building permits, certificates of occupancy
and other permits, searches or documents issued or furnished by the
Town Code Enforcement Officer shall be as set by resolution of the
Town Board from time to time.
[Added 5-13-2002 by L.L. No. 3-2002]
A.
In its review of a site plan and/or a subdivision
pursuant to its powers found in Article 16 of the Town Law and, in
particular, §§ 274-a, 276, and 277 of the Town Law
of the State of New York, and in furtherance of the rules and regulations
of the Planning Board, the Planning Board, in its sole discretion
and pursuant to an evaluation for present and anticipated future needs
for park and recreational facilities in the Town, may find that the
proposed site plan or subdivision presents a proper case, or that
a proper case exists in each specific application for site plan review
or subdivision approval, for requiring that a park or parks be suitably
located for playgrounds and other recreational purposes within the
Town.
B.
If it has been found and determined that there are
defined portions of such land available for recreational and park
facilities on the site of the proposed subdivision or proposed site
plan, such lands shall be set aside for such recreational use by the
applicant, and such lands shall be conveyed by the applicant to the
Town to be used forever for such recreational uses. If there be no
such approved site, the Planning Board may, upon making the findings
and authorizations contained herein and as a condition of the approval
of the site plan and/or subdivision, make an evaluation of the present
and anticipated future needs for park and recreational facilities
based on project population growth to which the particular site plan
will contribute, and direct the applicant to pay to the Town the following
sums of money to be used for the development of parklands, playgrounds
and other recreational purposes and for no other purpose, the said
monies to be deposited in a trust fund to be used exclusively for
such park, playground or other recreational purposes, including the
acquisition of property for such use.
C.
Fees are required to be paid and deposited in full
at the time of final subdivision or site plan approval, and no subdivision
plat or site plan shall be signed by the authorized officer of the
Planning Board until such payment is made. The fees shall be based
on the number of residential units within the subdivision or as shown
on the site plan and shall be fixed at $1,500 per residential unit.
[Amended 7-10-2006 by L.L. No. 6-2006]
D.
For purposes of the above subsection, residential
units include a one-family residential home, apartments intended for
one-family use intended for occupancy by one-family, each co-op unit,
each condominium unit and each unit held subject to a homeowners'
association.
[Added 5-22-2006 by L.L. No. 3-2006]
A.
A violation of this article, and any failure to comply
with an order to remedy or stop-work order after due service, and
any violation of any requirement of this chapter or any statement,
plan, application, permit or certificate approved or issued under
the provisions of this chapter shall be considered an offense punishable
by a fine of not more than $350 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; and, upon
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed three
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 of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both.
B.
If applicable, additional or alternative penalties
may be as prescribed in New York State Executive Law § 382
or New York State Multiple Residence Law § 304.
C.
Each week's continued violation under this section
shall constitute a separate additional violation.
D.
Any person, including any firm, corporation or other
entity, owner, builder, architect, engineer, tenant, contractor, subcontractor,
construction superintendent, agent or other person, who shall violate
any provision of this chapter or fail to comply with an order to remedy
or stop-work order or who shall violate any other regulation made
under authority conferred thereby or who shall assist therein shall
be guilty of an offense as set forth in § 268 of the Town
Law and shall be liable upon conviction to a fine or imprisonment,
or both, as provided herein.
