A.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York.
[Amended 1-17-2007 by L.L. No. 1-2007]
B.
The Building Inspector shall examine all applications
for permits for the construction, alteration, enlargement and occupancy
of all uses which are in accordance with the requirements of this
chapter and for all nonconforming uses and buildings existing at the
time of passage of this chapter.
A.
The Building Inspector shall maintain files of all
applications for building permits and plans submitted therewith, as
well as for certificates of occupancy.
B.
The Building Inspector shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this chapter and of the action taken consequent to each such complaint.
C.
The Building Inspector shall submit a written report
to the Town Board at intervals of not greater than three months, summarizing,
for the period since the last previous report, all building permits
and certificates of occupancy issued, all complaints of violations
and the action taken by that office consequent thereon.
A.
No building or structure in any district shall be
erected, enlarged or structurally altered nor any use thereof changed
nor any use commenced on a vacant parcel of land without a building
permit duly issued by the Building Inspector. No building permit shall
be issued by the Building Inspector for any building or structure
unless in conformity with the provisions of this chapter, except upon
the receipt of a written authorization from the Board of Appeals as
provided in this chapter.
B.
All applications for building permits and supporting
documentation shall be made in duplicate and accompanied by plans
in duplicate, drawn to scale, showing the following:
(1)
An accurate survey, at an appropriate scale, showing
shape, dimensions, radii, angles and area of the lot on which the
building is proposed to be erected or of the lot on which it is situated
if an existing building.
(2)
The Tax Map, block and lot numbers as they appear
on the Official Tax Map of the Town of Carmel.
(3)
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject
building and the distance between such building and any other existing
buildings on the same lot.
(5)
The existing and intended use of all buildings, existing
or proposed, or of land and the number of dwelling units that a residential
building is designed to accommodate.
(6)
Such topographic or other information with regard
to the building, the lot or neighboring lots, on-site parking and
loading as may be necessary to determine that the proposed construction
will conform to the provisions of this chapter.
(7)
The locations, widths and grades of driveways serving
such automobile parking areas and truck loading areas, together with
information regarding the proposed surfacing of such parking and loading
areas and driveways.
(8)
The type(s) of dissimilar building designs proposed
shall be illustrated by accompanying front elevation sketches drawn
to scale and the distribution plan for the dissimilar building types
shall be located on the preliminary plat.
(9)
The valuation of the proposed work. All dimensions
shown on this plan relating to the location and size of the lot to
be built upon shall be based on an actual survey. The lot shall be
staked out on the ground before construction is started so that the
Building Inspector may determine by measurement in the field that
the yard requirements for the district in which the site is located
have been met.
C.
On the issuance of a building permit, the Building
Inspector shall return one copy of all documents filed to the applicant.
[Amended 11-26-1986[1]]
A.
Any person may file a complaint if there is any reason
to believe a violation of this chapter exists. All such complaints
shall be filed with the Building Inspector, who shall record such
complaint and immediately investigate it. Upon becoming aware of any
violation of any provisions of this chapter, the Building Inspector
shall serve notice of such violation on the person committing or permitting
the same. If such violation has not ceased within a reasonable period
of time, as specified in such notice and/or a new certificate of occupancy
obtained as provided in this chapter, he shall institute such action
as may be necessary to terminate the violation.
B.
In the event that any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or of any ordinance or regulation made under authority conferred hereby,
the Town board or, with its approval, the Building Inspector or other
proper official, in addition to other remedies, may institute any
appropriate legal action or proceedings to prevent such unlawful erection,
construction, alteration, repair, conversion, maintenance or use,
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 about such premises. The Building Inspector
shall serve notice by registered mail, addressed to the premises of
such violation, on the person or corporation committing or permitting
the same. If such violation does not cease within such time as the
Building Inspector may specify, he shall institute such of the foregoing
action as may be necessary to terminate the violation. Such notice
may also be served by posting on the premises.
A.
Any owner, lessee, tenant, occupant, architect or
builder, or agent of any of them or any other person who violates
or is accessory to the violation of any provisions of this chapter
or who fails to comply with any of the requirements thereof or who
erects, constructs, alters, enlarges, converts, moves or maintains
any building or any land in violation of any detailed statement or
plans submitted and approved under the provisions of this chapter
shall be guilty of an offense, punishable for each offense 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 a 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 of 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. Each weeks' continued violation
shall constitute a separate additional violation.
[Amended 12-18-1985]
B.
Any building erected, constructed, altered, converted,
enlarged, moved or used contrary to any of the provisions of this
chapter and any use of any land or any building which is conducted,
operated or maintained contrary to any of the provisions of this chapter
shall be and the same is hereby declared to be unlawful. The Building
Inspector may institute an action to prevent, enjoin, abate or remove
such erection, construction, alteration, enlargement, conversion or
use in violation of any of the provisions of this chapter. The Building
Inspector shall serve notice by certified mail, addressed to the premises
of such violation, on the person or corporation committing or permitting
the same. If such violation does not cease within such time as the
Building Inspector may specify, he shall institute such of the foregoing
action as may be necessary to terminate the violation. Such notice
may also be served by posting on the premises.
C.
The remedies provided for herein are cumulative and
not exclusive, and shall be in addition to any other remedies provided
by law.
A.
The Town Board may, from time to time, after public
notice and hearing, amend, supplement or change the regulations and
districts herein established. Proceedings for an amendment may be
initiated as follows:
B.
Referral for recommendation.
(1)
Every introduction by the Town Board to amend this
chapter and every petition for an amendment shall be referred to the
Planning Board for report and recommendations.
(2)
In recommending the adoption of any proposed amendment,
the Planning Board shall fully state its reason for such recommendation,
describing any change in conditions justifying the amendment and the
manner in which the amendment would be in harmony with a Town Master
Plan.
(3)
The Planning Board need not confine its recommendation
to the proposed amendment as set forth in the petition or resolution
but may revise the proposed amendment, if the Planning Board is of
the opinion that such revision is in accord with the furtherance of
the purposes of this chapter. In recommending the rejection of any
proposed amendment, the Planning Board shall similarly state its reasons.
Failure on the part of the Planning Board to report to the Town Board
its recommendation with respect to any proposed amendment within 45
days after the date of referral shall be deemed to be approval thereof,
unless such proceedings have theretofore been terminated.
C.
In case of a protest against a proposed amendment,
supplement or change in this chapter signed by the owners of 20% or
more, either of the area of the land included in such proposed change
or of that immediately adjacent extending 100 feet therefrom or of
that directly opposite thereto, extending 100 feet from the street
frontage of such opposite land, such amendment shall not become effective
except by the favorable vote of at least 3/4 of the members of the
Town Board.
D.
Petitions to amend, supplement or change the regulations
and districts herein established shall be accompanied by a filing
fee, which fee shall be established annually by the Town Board and
shall be on file in the office of the Town Clerk.
[Amended 11-26-1986]
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. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions of the law or ordinance or any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings or premises; 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 where this chapter imposes a greater restriction upon the use
of buildings or premises, upon the height or bulk of buildings or
requires larger yards, courts or other open spaces then are imposed
or required by such existing provisions of law or ordinance or by
such rules, regulations or permits, or by such easements, covenants
or agreements, the provisions of this chapter shall control.
[Added 3-7-2012 by L.L. No. 3-2012]
A.
Every applicant that submits an application to an approval authority as empowered under Articles VI, VII and VIII hereunder to approve or deny said application must post one or more notification signs on the property which is the subject of said application within three days of acceptance of the application by the approval authority and must maintain the posted sign(s) placed until the approval authority has rendered its final decision approving or denying said application. The sign(s) shall be erected not more than 10 feet from each boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of each sign so erected shall be positioned no less than 2.5 feet and no more than three feet above the ground. In the event that the subject property abuts more than one road, additional signs will be posted facing each road on which the property abuts. If the sign's visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign from the road. If the property does not abut a public road, one or more signs shall be posted in locations that can readily be seen by the public. Any sign erected under this provision must be removed within 10 days after the approval authority has rendered its final decision approving or denying said application.
B.
In the
event that an application shall be withdrawn or become inactive, the
applicant shall remove the sign(s) within five business days of withdrawing
the application or of receiving notice from the approval authority
that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the approval
authority's agenda for six or more months shall be designated inactive.
The approval authority shall notify the applicant in writing that
the application has become inactive and instruct the applicant to
remove the sign(s) until such time as the application shall be reactivated.
Once the application is reactivated, the sign(s) shall be posted within
three days.
C.
The Town
of Carmel will supply the sign(s) and the initial cost will be included
in the application fee. The applicant will be responsible for maintaining
said sign(s) in good condition so as to be visible to and readable
by the public. The applicant shall be responsible for replacing any
sign(s) that are damaged, destroyed, lost or stolen during the pendency
of the application. A replacement fee will be charged for each sign
that needs to be replaced. The amount of said replacement fee shall
be determined from time to time by the Town Building Inspector.
D.
Prior
to the commencement of any public hearings or, if no public hearings
are required, prior to the rendering of any decision disposing of
any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
notice signs. If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the approval authority shall be deferred until
timely certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the approval
authority.
