A. This chapter shall be administered and enforced by the Village of East Williston Building Inspector or his or her deputy who hereafter in this section shall be deemed to be included in the term "Building Inspector."

B. Should the 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 or she shall refer the matter to the Board of Appeals for interpretation and decision without the requirement of any application fee.

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

A. All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of Article III of Chapter 142 titled "Uniform Code Enforcement." 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. 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 and, where required, the Planning Board has approved the site plan.

C. No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots or any existing or proposed improvements thereon contravene the provision or intent of this chapter, or of the Subdivision Regulations of the village.2

D. The Building Inspector shall require a site plan for any building or structure or use as set forth in §160-52.

No building permit for a conditional use shall be issued except upon written order of the Board of Trustees.

No building permit shall be issued except upon written order of the Board of Appeals in the following instances:

A. Where said building or structure or part thereof or its intended use would be in violation of any of the provisions of this chapter; or

B. Where approval of the Board of Appeals is otherwise required by this chapter.

A. 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 and the requirements of the New York State Uniform Fire Prevention and Building Code have been complied with.

B. 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 and, where required, the Planning Board has approved the site plan.

C. The Building Inspector shall require a site plan for any building or structure or use as set forth in §160-52.

No certificate of occupancy shall be issued except upon written order of the Board of Appeals in the following instances:

A. Where said building or structure or part thereof or its intended use would be in violation of any of the provisions of this chapter; or

B. Where approval of the Board of Appeals is otherwise required by this chapter.

A. No application for a building permit or a certificate of occupancy shall be approved for any multifamily residence or nonresidential building or structure or use or part thereof without first obtaining site plan approval by the Planning Board.

B. The site plan review provisions are intended to assure compliance with the declaration of purpose of this chapter set forth in §160-2 and to assess the impact of the proposed building, structure or use on the environmental, social and economic character of the Village of East Williston all pursuant to the provisions of §7-725 of the Village Law.4

C. The following site plan provisions are also 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, driveways, and provisions for flood and storm drainage.

D. Building permit applications for any building or structure or use shall include three copies of a site plan drawn to scale and showing the following things:

(1) Property lines and related street, right-of-way and easement lines as determined by a licensed land surveyor.

(2) Location of existing and/or proposed buildings and structures and horizontal distance from adjacent streambeds, ponds or lakes.

(3) The elevation of the first floor of all buildings as measured from USCGS map datum.

(4) Layout of existing and proposed off-street parking areas showing the details of aisles, driveways and each parking space.

(5) Existing topography of the site and immediately adjacent property, as revealed by contours or key elevations as may be required by the Village Engineer, and any proposed regrading of the site.

(6) Existing and proposed stormwater drainage facilities, sidewalks, curbs and curb cuts and similar structures.

(7) Existing and proposed street trees, landscaping and fences.

(8) Existing streams or streambeds, ponds and lakes.

(9) Existing and proposed outdoor lighting and sign locations.

(10) Location of nearest building walls on abutting properties.

(11) Location of nearest existing parking spaces, driveways and similar features on the abutting properties.

E. Requirements for improvements shown on the site plan shall be those set forth in this chapter and in other laws, rules and regulations and the New York State Uniform Fire Prevention and Building Code.

F. The Building Inspector shall forward one copy each of the site plans to the Village Engineer and to the Chairman of the Planning Board for the Planning Board's approval, approval with modificaitons or disapproval after the Board receives the recommendations of the Village Engineer, before such Building Inspector authorizes a building permit or issues a certificate of occupancy.

G. In the case of 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 Board of Appeals.

H. Building permits for variances and conditional uses shall be in accordance with the conditions established by the Board of Appeals and the Village Board of Trustees, respectively.

Fees for a building permit application, and for issuance of building permits and certificates of occupancy, shall be as provided by the Village Board of Trustees. 5

A. Authority.

In case any building or structure is erected, constructed, reconstructed, altered, converted, moved, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Board of Trustees or, with its approval, the Building Inspector may, pursuant to §7-714 of the Village Law, institute any appropriate action or proceedings, to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such buildings, land or premises; or to prevent any illegal act, conduct, business or use in or above such premises.

B. Discovery of violations.

The Building Inspector shall determine the existence of violations of the provisions of this chapter through such investigation as he or she shall conduct pursuant to the issuance of building pen-nits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Building Inspector may also determine the existence of such violations by means of investigations conducted at his or her own initiative.

C. Procedure for abatement of violations.

(1) Notice of violation. Upon finding violations of the provisions of this chapter, the Building Inspector shall serve written notice, either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit, of not less than five days, in which compliance shall be achieved.

(2) Legal action. The Building Inspector shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Board of Trustees so that the Board of Trustees may, by resolution, direct the Village Attorney to undertake appropriate legal action against such party.

D. Penalty for violation.

Any person, whether as owner, lessee, architect or builder or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter or who shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter or who shall use any building, structure or land in violation of this chapter or any regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit or certificate of occupancy or without a building permit or certificate of occupancy where one is required by this chapter shall be guilty of a violation of the Penal Law and shall be liable to a penalty not exceeding in the case of any one violation $250 or imprisonment not exceeding 15 days or to both such fine and imprisonment. Each and every day such violation continues after the notice of violation has been served shall be deemed a separate and distinct violation.