Town of Busti, NY
Chautauqua County
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This chapter shall be enforced by the Code Enforcement Officer or Deputy Code Enforcement Officer who shall be appointed by the Busti Town Board. No development permit, use permit, sign permit or flood plain development permit shall be issued by him except in compliance with the provisions of this chapter.
It shall be the duty of the Code Enforcement Officer in connection with this chapter to do the following:
Make a record of nonconforming uses.
Issue permits or refuse to issue the same and give the reasons for the same to the applicant.
Keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved.
Keep all required fees and deposit the same with the Town Clerk.
Keep the Town Board, Planning Board and Zoning Board of Appeals, together with the Town Attorney, informed and advised of all matters other than those of a routine nature in connection with this chapter and its enforcement and administration.
Submit such reports as may be deemed necessary by either the Zoning Board of Appeals, the Planning Board or the Town Board.
Whenever possible, to advise and assist persons applying for permits under this chapter in the preparations of their applications.
Make recommendations for keeping this chapter and the accompanying Map up-to-date.
Bring all nonconforming and commercial and industrial applications to the Planning Board for its review and recommendation.
Bring all special use permit applications and applications for variances and floodplain development permits to the Zoning Board of Appeals and the Planning Board for their review and recommendation.
Bring all special use permit applications for motor vehicle services stations and mobile home parks to the Town Board for its review and recommendation.
Inspect new construction or changes of use during and after construction or any change in use to ensure conformity with the provisions of this chapter.
Advise both the Town Attorney and the Town Board of any and all violations of any provisions of this chapter.
The Code Enforcement Officer, whenever he shall determine that a violation of this chapter exists, may issue appearance tickets, cause information to be filed with the Town Justice Court or any other judicial body which he deems appropriate, provided the same has jurisdiction, and take whatever other action he deems appropriate to prosecute such violation and cause an abatement thereof, including seeking a restraining order or injunction to abate such illegal activity.
Four types of permits shall be issued in accordance herewith:
Development permit. No building or structure will be erected, added to or structurally altered until a development permit has been issued by the Code Enforcement Officer. Such a permit may be issued in conjunction with a use permit and/or a sign permit.
Use permit. No use shall be made of any real property in the Town of Busti, except for agricultural purposes where permitted hereunder, until a use permit shall have been issued by the Code Enforcement Officer. Such a permit may be issued in conjunction with a development permit and/or a sign permit.
Sign permit. No sign shall be placed or installed in the Town of Busti, nor shall any nonconforming sign be continued, except those allowed under § 405-40A(1), (2) and (3) of this chapter, unless a permit shall have been issued by the Code Enforcement Officer. Such a permit may be issued in conjunction with a development permit, a use permit or a floodplain development permit.
Floodplain development permit. The Code Enforcement Officer shall issue floodplain development permits in accordance with the provisions of Article IX of this chapter.
General provisions.
No permit of any kind shall be issued where the proposed development, use or sign is not in conformity with the provisions of this chapter.
The application for any permit provided for hereunder shall be upon such form or forms as the Code Enforcement Officer shall prescribe and shall contain a statement as to cost, location, proposed use, sanitation facilities to be provided, if any, and such other information as is required by other provisions of this chapter. The Code Enforcement Officer may require any other information that he deems appropriate for the purposes of carrying out the intent and purpose of this chapter.
All permit applications, except for use permits, shall contain two copies of a layout or plot drawn to scale and showing the actual dimensions of the lot to be built upon, the approximate size and the location on the lot of all existing buildings and accessory buildings and all buildings to be erected, the location of adjoining highway right-of-way lines, and other information as may be necessary to determine and provide for the enforcement of this chapter.
No permit shall be issued until sanitation, sewage and waste disposal facilities have been approved by the County Health Department and/or State of New York.
All applications for development permits for commercial and industrial buildings shall contain information detailing drainage and landscape plans, off-street parking, off-street loading and other data the Planning Board deems appropriate and necessary to facilitate its review.
A permit shall be void at the expiration of 180 days after the date of its issuance unless approved work has reasonably progressed within such one-hundred-eighty-day period. The maximum length of a development permit shall be for two years. At the expiration of said period, the permit may be renewed once for a period of one year.