YSC, Title 20.  Planning & Economic Development
 
 
 
Chapter 3.  Building Permits

301.   Building permits required.
302.   Application for a permit.
303.   Requirements for permits.
304.   Issuance of permit.
305.   Disapproval of permit.
306.   Time.
307.   Null and void permits.
308.   Expiration of permit.
309.   Application filing fee.
310.   Appeals.
311.   Violation.
312.   Issuance of regulations.
313.   Severability.

     301.  Building permits required.
     It shall be unlawful to commence excavation or filling for the construction of any permanent building or other permanent structure, including accessory structures, or to store building material, or to construct entrances or parking lots or commence the moving, alteration, conversion, extension, enlargement, or repair of any structure, including accessory structures, in the Yap Islands Proper Master Plan Area, before the Yap Islands Planning Commission has issued a building permit therefor. Repairs consisting of painting, changing fixtures, reroofing, and other cosmetic treatments are excepted herefrom.

Source:  YDC 5000(1), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provisions of the Yap Islands Planning Commission are found in subchapter I of chapter 1 of this title.

Commission Comment:  The provisions of YDL 4-36 added a new section 5000 to Chapter 5, Part A of the Yap District Code.  The subsections of section 5000 make up the separate sections of this chapter.

     302.  Application for a permit.
     An application for a building permit shall be made to the Yap Islands Planning Commission on forms provided therefor.

Source:  YDC 5000(2), as enacted by YDL 4-36 1.

Cross-reference:  The statutory provisions of the Yap Islands Planning Commission are found in subchapter I of chapter 1 of this title.

     303.  Requirements for permits.
     The Planning Commission shall require that every application for a building permit be accompanied by three copies of a plan or plat drawn to scale and showing the following in sufficient detail to enable the Planning Commission to ascertain whether the proposal is in conformance with this chapter:

     (a)  The actual shape, proportion, and dimensions of the lot to be built upon and satisfactory evidence that actual corners of the lot are shown and are established on the ground.

     (b)  The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any buildings or other structures existing on the lot.

     (c)  The existing and proposed use of all such buildings or other structures.

     (d)  The dimensions of all yards and such other information concerning the lot or adjoining lots as may be essential for determining that the provisions of this chapter are being observed.

     (e)  Other information as may be required by the Planning Commission.

Source:  YDC 5000(3), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provisions of the Yap Islands Planning Commission are found in subchapter I of chapter 1 of this title.

     304.  Issuance of permit.
     If the proposed excavation, filling, construction, moving, or alteration as set forth in the application is in conformity with the provisions of this chapter and all other applicable statutes, regulations, ordinances, and other laws of the Trust Territory and the State, the Planning Commission shall issue a building permit.  If any part of the application is not in conformity with said provisions, a building permit shall be issued only when a written order from the Governor is received by the Planning Commission granting a variance.

Source:  YDC 5000(4), as enacted by YDL 4-36 1, modified.

     305.  Disapproval of permit.
     If an application for a building permit is not approved, the Planning Commission shall state in writing the reason for such disapproval.

Source:  YDC 5000(5), as enacted by YDL 4-36 1.

Cross-reference:  The statutory provisions of the Yap Islands Planning Commission are found in subchapter I of chapter 1 of this title.

     306.  Time.
     The Planning Commission shall have 60 days in which to review and act upon an application for a permit.  If, after 60 days, action has not been taken, such application will be considered to be approved.  The 60 day period commences immediately upon signed receipt of the application by the Planning Commission or its duly authorized agents.

Source:  YDC 5000(6), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provision on the membership of the Yap Islands Planning Commission is found in section 102 of this title.

     307.  Null and void permits.
     Any permit issued in conflict with the provisions of this chapter shall be null and void and may not be construed as waiving any provision of this chapter.

Source:  YDC 5000(7), as enacted by YDL 4-36 1, modified.

     308.  Expiration of permit.
     If the work provided for in the permit has not commenced within six months nor been completed within 24 months of the issuance of said permit, the permit shall have expired and shall be null and void.

Source:  YDC 5000(8), as enacted by YDL 4-36 1, modified.

     309.  Application filing fee.
     A person applying for a building permit shall be assessed a filing fee of $5.00 to cover costs incurred.  Such fee shall be deposited in an operation account to be established by the Treasurer for use of the Planning Commission in carrying out the purposes of this chapter.

Source:  YDC 5000(9), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provisions on Taxation and Finance are found in Title 13 of this Code.

     310.  Appeals.
     Appeals to the Governor may be taken by any applicant aggrieved by any action taken by the Planning Commission in its enforcement of this chapter.  Such appeal shall be taken within 30 days of the action by the Planning Commission by filing with the Planning Commission and the Governor a notice of appeal specifying the grounds thereof.  The Planning Commission shall forthwith transmit to the Governor copies of all of the documents constituting the record upon which the action appealed from was taken.

Source:  YDC 5000(10), as enacted by YDL 4-36 1, modified.

     311.  Violation.
     Any person violating any provision of this chapter shall upon conviction thereof be punished by imprisonment for not more than one year, or a fine not to exceed $50.00 for each day of violation, or both.

Source:  YDC 5000(11), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provision regarding penalties for the violation of the public planning provisions of chapters 1, 2, 3, 5, or 10 of this title is found in section 811 of Title 11 (Crimes and Punishment) of this Code.

     312.  Issuance of regulations.
     The Yap Islands Planning Commission, with the approval of the Governor, shall be authorized to issue regulations providing for any matter necessary for the proper implementation of this chapter.

Source:  YDC 5000(12), as enacted by YDL 4-36 1, modified.

Cross-reference:  The statutory provisions of the Yap Islands Planning Commission are found in subchapter I of chapter 1 of this title.  The statutory provisions on Administrative Law are found in Title 10 of this Code.

     313.  Severability.
     Should any provision, clause, or word of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be invalid.

Source:  YDC 5000(13), as enacted by YDL 4-36 1, modified.

Commission Comment:  The provisions of YDL 4-36 added a new section 5000 to Chapter 5, Part A of the Yap District Code.  The subsections of section 5000 make up the separate sections of this chapter.
                                                                                                                                                                                                                                                                                                           
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