Great Barrington, MA - Article XII

B. No permit shall be issued by the Inspector of Buildings unless the application for said permit indicates compliance with this chapter and any other applicable town bylaws and regulations, the State Sanitary Code and regulations of the Board of Health, the Planning Board's Subdivision Control Regulations, the Wetlands Protection Act, and all other applicable state and federal regulations. The applicant shall be responsible for identifying and obtaining all required local, state and federal permits and approvals for the project and for informing the Inspector of Buildings and other permit granting authorities of the status of each approval.

C. No permit, license or certificate of occupancy shall be granted for a new use of a building or structure if said use would be in violation of this chapter; the Wetlands Protection Act, MGL c. 131, ~ 40; or the Great Barrington General Wetlands Protection Bylaw, Chapter 168. For the purposes of this Article XII, "structure" is a combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, as defined in the Massachusetts Building Code, reviewing stand, platform, recreational tramway or mast for radio antenna or the like. The word "structure" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."

A. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the Inspector of Buildings. Failure to obtain a building permit shall be a violation of this chapter and shall be punishable as provided in ~ 171-65.

B. All applications for building permits shall be accompanied by plans and specifications in triplicate, drawn to scale, showing at minimum the actual shape and dimensions of the lot to be built upon; any streams, wetlands, driveways and parking areas on the lot; the exact sizes and locations on the lot of all buildings and accessory buildings then existing; the lot lines within which the proposed building or structure will be erected or altered; the existing and intended use of each building or part of a building; the number of dwelling units the building is designed to accommodate, if any; and the names of all adjacent streets or roads. Each page of the application, including each page of each plan, shall be signed by the preparer and shall include the date of preparation.

(1) If the proposed project will result in construction of more than one principal building on a single lot, the plan shall indicate the boundaries of the land area set aside as the site for each such building, with lot width, frontage, yards and open spaces for each building as required by this chapter for buildings within the zoning district in which the property is situated.

(2) Upon receiving an application for a building permit and before issuing said permit, the Inspector of Buildings shall inspect the site to determine whether the application fairly, accurately and completely reflects all features of the site as specified in ~ 171-59B.

(3) Applications for building permits for new buildings on vacant lots shall be accompanied by a plot plan certified by a registered surveyor showing the proposed placements of the buildings on the lot.

(6) Copies of such permits shall be sent at least monthly to the Board of Selectmen, the Assessors and the Planning Board, and a copy shall be kept with the records maintained by the Inspector of Buildings.

C. If the work described in any building permit has not begun within six months or if the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Inspector of Buildings, who shall give written notice thereof to the person affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

A. It shall be unlawful to use or permit the use of any building or structure or part thereof created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure under the terms of a building permit issued by the Inspector of Buildings until a certificate of occupancy is issued therefor by the Inspector of Buildings, stating that such building or structure or part thereof and the proposed use thereof, conform to the terms of the building permit, all provisions of this chapter or an order of the Zoning Board of Appeals.

B. A temporary certificate of occupancy may be issued by the Inspector of Buildings for a period not exceeding six months during alteration or partial occupancy of a building pending its completion, provided that such a temporary certificate shall include such conditions and safeguards as will protect the safety of the occupants and the public.

C. After construction of new buildings on vacant lots, a plot plan certified by a registered surveyor showing the actual location of the buildings shall be submitted to the Inspector of Buildings prior to the issuance of a certificate of occupancy.

D. No temporary or permanent certificate of occupancy shall be issued until the applicant demonstrates to the satisfaction of the Inspector of Buildings that the project complies with all applicable local, state and federal regulations or until the appropriate agency submits a written statement that such regulation may be waived or suspended.

E. The Inspector of Buildings shall maintain a record of all certificates of occupancy, temporary and permanent, and copies of such certificates shall be transmitted to the Board of Selectmen and the Planning Board as required, and, upon request, to any person.

Building permits or certification of occupancy issued on the basis of plans and applications approved by the Inspector of Buildings, the Conservation Commission or the Zoning Board of Appeals authorize only the use, arrangement and construction as set forth in such approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided in ~ 171-65.

A. If the Inspector of Buildings shall find or shall have reasonable grounds to believe that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations and the record owner of the premises, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other authorized action to ensure compliance with or to prevent violation of the provisions of this chapter.

B. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Inspector of Buildings. He shall record such complaint, immediately investigate and take action thereon as provided by this chapter, and notify the complainant in writing of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such complaint. A copy of such letter, with a copy of the written complaint, shall be forwarded forthwith to the Board of Selectmen. The decision of the Inspector of Buildings may be appealed within 30 days to the Zoning Board of Appeals in accordance with ~ 171-53 of this chapter.

The Board of Selectmen may, by order, establish application forms; a schedule of fees, charges and expenses; and a collection procedure for fees for building permits and certificates of occupancy. Until all such applicable fees, charges and expenses have been paid in full, no action shall be taken on any application for a building permit or certificate of occupancy.

A. Whoever violates any provisions of this chapter or fails to comply with any of its requirements shall, upon conviction thereof be fined not more than $300 for each offense. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from taking such other lawful action as it deems necessary to prevent or remedy any violation.

B. In addition to the procedures as described above, the provisions of this zoning chapter may also be enforced by the Inspector of Buildings by noncriminal disposition pursuant to the provisions of MGL c.40, ~ 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this chapter shall be $25 for the first offense; $50 for the second offense; $100 for the third offense; and $200 for the fourth and each subsequent offense.