In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of health, safety, morals, comfort, convenience and the general welfare.
This chapter shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall control.
The Planning Board of the town shall study the application of this chapter and shall, from time to time, recommend to the Town Board such changes in the chapter and in the boundaries of the various zones as it shall deem desirable in the public interest.
The lot, open space or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as a part of the required lot, open space or yard areas for any other building. If the lot, open space or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed to be a violation of this chapter. The lot, open space or yard areas of buildings existing at the time of the passage of this chapter shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.
[Added 12-2-86]
In any residential, business or industrial district, the square footage Of any land intermittently or permanently under water shall not be included in the yield calculations used to determine the area of a lot upon which a building may be erected.
[Amended 4-28-71]
This chapter shall not apply to or affect any building, structure or premises owned by the Town of Babylon or any building or structure erected or standing on premises owned by the Town of Babylon. This chapter shall not apply to or affect any building, structure or premises which shall or may be erected, altered or used for any municipal purposes permitted by law, and any building, structure or premises may be erected, altered or used for any such purpose in any district by resolution of the Town Board, subject to such conditions and safeguards as the Town Board may deem appropriate in each particular case.
A. Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this chapter and which entire building shall be completed within one (1) year from the date of issue. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within one (1) year from date of issue.
B. If an amendment to this chapter is hereafter adopted changing the boundaries of districts, the provisions of this chapter, with regard to buildings or permits existing or buildings under construction or building permits issued at the time of the passing of this chapter, shall apply to buildings or premises existing or buildings under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.
[Amended 5-20-2003 by L.L. No. 7-2003 ]
Legislative intent. The Town Board finds that the proliferation of violations of the provisions of the Town Code of the Town of Babylon and of conditions of or imposed on zoning-related grants and/or approvals by the Town Board, Planning Board and Zoning Board of Appeals has caused a serious threat to the safety and welfare of the residents of the Town and has eroded the quality of life of all who live and work in the Town. The Town Board therefore finds it necessary and proper to increase the fines and related penalties for violations of the Town Code. It is the further intent of the Town Board to exercise its authority as provided by law with particular reference to its authority pursuant to Municipal Home Rule Law § 135, and the Town Board hereby supersedes any inconsistent provisions of state law.
A. Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof or who shall build or alter or use any building or land in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a violation and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a violation, and upon conviction a fine not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a violation and a fine not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 6 months, or both. Each day's continued violation shall constitute a separate additional violation.
B. Upon application of the Town Attorney's office a violation of this chapter may be reduced to an "attempted violation" as established by the New York State Penal Law § 110.00. Penalties for the reduced charge of attempt shall be:
(1) Any person who shall attempt to violate any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, a fine of not less than $100 nor more than $500 must be imposed and a term of imprisonment for a period not to exceed 6 months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine not less than $500 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 6 months may be imposed, or both. Each day's continued violation shall constitute a separate additional violation.
**Webmasters Note: The previous section has been amended as per Local Law No. 7-2003.
No owner or lessee or person having possession and control of a premises or any part thereof shall cause or permit any violation of this chapter to exist or fail to comply with the requirements of this chapter; and any architect, builder, contractor, agent, person, firm or corporation who shall have knowingly assisted in the commission of any such violation shall each be guilty of a separate and individual offense.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceedings, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
[Added 10-20-87]
The owner of any parcel of land, structure or other type of property which is the subject of an application made to any board, commission or agency with the authority to hear any application authorized under any section of this chapter shall file with such board, commission or agency a duly executed, signed sworn statement consenting to the making of an application concerning said parcel of land, structure or other type of property by said applicant.
