[HISTORY: Adopted by the Town Board of the
Town of Cortlandt 4-14-1992 by L.L. No. 6-1992. Amendments noted where applicable.]
The Town Board is desirous of establishing the
prior responsibility for the administration and enforcement of all
Town local laws and ordinances dealing with building and zoning under
one department. The benefits will be more efficient, less costly administration
and enforcement and a simplified process wherein any property owner
in the Town may make application in one epartment for approval to
conduct legal activities upon their land. It is in furtherance of
these purposes that the Town Board does hereby adopted this chapter.
A.
There is hereby established in the Town of Cortlandt
the Department of Code Administration and Enforcement. Said Department
shall be deemed to be a separate department pursuant to the definitions
and terms of the Suburban Town Law of the State of New York.
The Town Board will, in accordance with the
New York State Town Law, appoint a Director of the Department of Code
Administration and Enforcement. Said Director shall be considered
a department head pursuant to the provisions of the Town Law.
The Town Board shall appoint such personnel
to assist the Director of Code Administration and Enforcement in the
performance of his duties as the Board shall, from time to time, deem
necessary.
The powers and duties of the Department of Code
Administration and Enforcement shall be as follows:
A.
Make recommendations to the Town Board regarding the
creation, modification or elimination of enforcement codes.
B.
Issue building permits, certificates of occupancy,
wetlands permits, steel slopes permits and any other permits, licenses
or approvals except as otherwise specified in the Town Code.
C.
Make periodic inspections to determine compliance
of work being done pursuant to any permit, license or approval duly
granted pursuant to the Town Code.
D.
Enforce the Town Code indicated under other local
laws and ordinances. As provided in this chapter, the members of this
Department shall be enforcement officials. In addition to any other
officers named in any other local laws or ordinances of the Town,
they shall possess the enforcement authority to enforce all local
laws, ordinances, rules or regulations duly adopted by the Town Board
of the Town of Cortlandt. Additionally, they are authorized to enforce
any parking provisions of the Vehicle and Traffic Law of the Town[1] and the State of New York.
E.
Provide professional, technical assistance to the
Zoning Board of Appeals.
F.
Provide administrative and clerical services to the
Zoning Board of Appeals, including but not necessarily limited to
processing of applications, the collection of fees and recordkeeping.
G.
Except as otherwise specifically provided by law,
ordinance rule or regulation or except as hereinafter otherwise provided,
administer and enforce all of the provisions of the New York State
Uniform Fire Prevention and Building Code, (known as the "Uniform
Code") and other laws, ordinances, rules and regulations applicable
to plans, specifications or permits for the construction, alteration
and repair of buildings and structures and the installation and use
of materials and equipment therein and to the location, use and occupancy
thereof.
The Director of Code Administration and Enforcement
shall serve as Building Inspector. The Building Inspector shall have
all the duties prescribed by the New York State Town Law and the local
laws and ordinances of the Town of Cortlandt. The Director, or his
designee, shall issue building permits, certificates of occupancy
in accordance with Town local laws and ordinances. No building permit
shall be issued unless the Director, or his designee, has determined
that the requested authorization is in compliance with the Zoning
Ordinance;[1] Chapter 259, Steep Slopes; Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses; and any other required permits, licenses or approvals as specified in the Town Code.
The Zoning Inspector shall be a member of this Department and shall serve as the Clerk of the Zoning Board of Appeals. This person shall assist the Director of Code Administration and Enforcement and his designees in determining compliance of any application with Chapter 307, Zoning, and such other duties as the Director may assign.
The duly appointed Fire Inspector of the Town
of Cortlandt shall be a member of this Department. His duty shall
include, but not be limited to, firesafety inspections of all areas
of public assembly, all multiple dwellings and nonresidential occupancies
in the Town in intervals consistent with local conditions. He shall
also perform inspections in response to complaints regarding activities
allegedly failing to comply with the New York State Uniform Fire Prevention
and Building Code and the codes of the Town of Cortlandt.
The Town Board may, after public notice and
publication, at least five days prior to the effective date thereof,
in the official newspaper of the Town of Cortlandt, adopt such further
procedural/administrative rules and regulations as the Board deems
reasonable to carry out the provisions of this chapter. The Director
may make recommendations to the Town Board to adopt, amend or appeal
such rules and regulations as they may relate to efficient administration
and enforcement of the provisions of the Uniform Code. Such rules
and regulations shall not conflict with the Uniform Code, this chapter
or any provisions of law.
No employee of the Department shall engage in
any activity inconsistent with his duties or with the interests of
the Department of Code Administration and Enforcement, nor shall he,
during the term of his employment, be engaged directly or indirectly
in any building business; in the furnishing of labor, materials, supplies
or appliances for or the supervision of construction, alteration,
demolition or maintenance of a building; or the preparation of plans
or specifications therefor, within the Town of Cortlandt, except that
this provision shall not prohibit any employee from engaging in such
activities in connection with the construction of a building or structure
owned by him for his own personal use and occupancy or for the use
and occupancy of members of his immediate family and not constructed
for sale.
A.
Where practical difficulties or unnecessary hardship
may result from the enforcement of the strict letter of any provision
of the New York State Uniform Fire Prevention and Building Code, applications
for variances consistent with the spirit of the code may be made to
the Regional Board of Review in accordance with Part 440 of the New
York Code of Rules and Regulations, entitled "Uniform Code: Board
of Review," as promulgated by the New York Department of State. The
Code Administration and Enforcement Department shall maintain a copy
of such rules and regulations for public inspection, and it shall
maintain a copy of all decisions rendered by the Board of Review pertaining
to matters effecting the Town of Cortlandt.
B.
Where practical difficulties or unnecessary hardship
may result from the enforcement of this strict letter of any provision
of this chapter or any rule or regulation hereunder, which provision
is not also required by the New York State Uniform Fire Prevention
and Building Code, applications for variances consistent with the
spirit of such law, rule or regulation may be made to the Town Zoning
Board of Appeals.
No person, firm or corporation shall commence
the erection, construction, enlargement, alteration or improvement
of any building or structure, install solid fuel heating equipment
or cause the same to be done without first obtaining a separate building
permit from the Director of Code Administration and Enforcement or
his designee, for each such building or structure; except that no
building permit shall be required for:
A.
Necessary repairs which do not materially affect structural
features.
B.
Alterations to existing buildings, provided that they
cost less than $10,000, unless site development plan approval is required,
do not materially affect structural features; do not affect firesafety
features, such as smoke detectors, sprinklers and required fire separations
and exits; do not involve the installation or extension of electrical
systems; and do not include the installation of solid-fuel-burning
heating appliances and associated chimneys or flues.
C.
Accessory residential structures not greater than
100 square feet in area and not intended for use as quarters for living,
sleeping, eating or cooking (for example a small storage building).
D.
Aboveground swimming pools.
The Director of the Department of Code Administration
and Enforcement shall receive applications, approve plans and specifications
and issue permits for the erection and alteration of buildings and
structures or parts thereof and shall examine the premises for which
such applications have been received, plans approved or such permits
have been issued for the purpose of ensuring compliance with laws,
ordinances, rules and regulations governing building construction
or alterations. A building permit shall be issued when the Director
of Code Administration and Enforcement determines that the application
is complete, the proposed work conforms with the provisions of the
Uniform Code, the proposed work is in compliance with the Zoning Ordinance,[1] and all other applicable local laws and ordinances of
the Town. The permit shall be prominently displayed on the property
or premises to which it pertains during construction so as to be readily
seen from adjacent thoroughfares if possible.
A.
The application for a building permit and its accompanying
documents shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code, the Zoning Ordinance,[1] and all other applicable local laws and ordinances.
B.
The form of the permit and application therefor shall
be prescribed by resolution of the Town Board. The application shall
be signed by the owner or his authorized agent of the building and
shall contain at least the following:
(1)
The name and address of the owner.
(2)
An identification and/or description of the land on
which the work is to be done.
(3)
A description of the use or occupancy of the land
and existing or proposed building.
(4)
A description of the proposed work.
(5)
The estimated cost of the proposed work, to be determined
in accordance with current fee schedule contained in the Town Board
resolution.
(7)
The required fee.
C.
Such application shall be accompanied by such documents,
drawings, plans (including a plot plan) and specifications as required
by the Uniform Code, the Zoning Ordinance[3] and all other applicable local laws and ordinances and
any additional information which the Director of Code Enforcement
and Administration deems necessary. The applicant may confer with
the Director of Code Administration and Enforcement in advance of
submitting his application to discuss the requirements for the same.
D.
Any plans (including a survey) or specifications which
comprise a portion of the application, whether or not submitted subsequently
upon requirement of an enforcement official, shall be stamped with
the seal of an architect or professional engineer or land surveyor,
licensed in this state, and shall in all respects comply with § 7209
of the Education Law of the State of New York as same may be amended
from time to time.
E.
The applicant shall notify the Enforcement Officer
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work is determined to conform to the requirements of the
Uniform Code and all other applicable laws. The authority conferred
by such permit may be limited by conditions, if any, contained therein.
F.
A building permit issued pursuant to this chapter
may be suspended or revoked if it determined that the work to which
it pertains, is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
G.
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy) whichever first occurs. The permit may, upon written
request, be renewed for successive one-year periods, provided that
the permit has not been revoked or suspended at the time the application
for renewal is made, the relevant information in the application is
up to date, the renewal fee is paid and there have been not more than
two renewals.
H.
Fencing during construction.
[Added 6-14-2016 by L.L.
No. 3-2016]
(1)
Fencing shall be eight feet high and provided with privacy screening.
One-foot-by-one-foot openings shall be provided in the privacy screening
five feet from the bottom of the fence to not exceed thirty-foot spacing
along the entire length of the fence.
(2)
Fencing is required along all public ways and shall return onto the
parcel a minimum of 30 feet at ends.
(3)
This does not supersede more restrictive requirements of the New
York Uniform Fire Prevention and Building Code for safeguards during
construction.
(5)
Temporary fencing may be required as determined by the Director of
Technical Services or their designee.
A.
No building hereafter erected or no enlargement, extension
or alteration which requires the issuance of a building permit shall
be used or occupied, in whole or in part, until a certificate of occupancy
shall have been issued by the Department of Code Administration and
Enforcement.
C.
Upon request by the applicant, the Director of Code
Administration and Enforcement may issue a temporary certificate of
occupancy for a building or structure or part thereof before the entire
work covered by the building permit shall have been completed, provided
that such portions as have been completed may be occupied safely without
endangering life or the public health and welfare. A temporary certificate
of occupancy shall remain effective for a period not exceeding three
months from its date of issuance. For good causes, the Director of
Code Administration and Enforcement may allow a maximum of two extensions
for periods not exceeding three months each.
D.
In issuing a temporary certificate of occupancy, the
Director may require that the applicant deposit with the Town Comptroller
a sum of money equal to two times the value of the work to be completed
which currently prevents the issuance of a permanent certificate of
occupancy. The applicant shall sign an escrow agreement acknowledging
that said money will be held until the work is completed and fixing
a date certain by which the work must be completed. Should the work
not be completed by the date certain, then the money deposited with
the Town Comptroller shall be forfeited to the Town of Cortlandt as
a civil penalty for failure to complete the work in a timely and proper
manner. The Town, after forfeiture, shall then be free to enforce
the provisions of this chapter pursuant to its normal process.
E.
When, after final inspection, the Director of Code
Administration and Enforcement determines that the proposed work has
been completed in accordance with the Uniform Code, the Zoning Ordinance,[2] and all other applicable local laws and ordinances and
also in accordance with the application, the Department of Code Administration
and Enforcement shall issue a certificate of occupancy. If it is found
that the proposed work has not been properly completed, the Department
shall not issue a certificate of occupancy and shall order the work
completed in conformity with the building permit and in conformity
with the applicable building regulations.
F.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after work is complete.
G.
The certificate of occupancy shall acknowledge that
the work has been completed and that the proposed use and occupancy
is in conformity with the provisions of the Uniform Code, the Zoning
Ordinance,[3] and all other local laws and ordinances and shall specify
the use or uses and the extent therefor to which the building or structure
or its several parts may be put to use.
A.
All dwelling units in a building or two-family or
multifamily dwelling shall be inspected for the purpose of determining
compliance with safety requirements of the Uniform Code at least once
in every twelve-month period. The common areas of such buildings,
such as halls, foyers, staircases, etc., shall also be inspected at
least once in every 12 months.
B.
Firesafety inspections of buildings or structures
with areas of public assembly, as defined in Part 606 of Title 9 of
the Official Compilation of Code, Rules and Regulations, shall be
performed at least once in every 12 months.
C.
All other building uses and occupancies (except one-
and two-family dwellings) shall be inspected at least once in every
12 months.
D.
An inspection of a building or dwelling unit shall
be performed at any other time upon the request of the owner or authorized
agent and payment of fee upon receipt of a written statement specifying
the ground upon which the writer believes a violation of the Uniform
Code exists or upon other reasonable and reliable information that
such violation exists.
E.
Such inspection shall be performed by the Department
of Code Administration and Enforcement.
The Director shall fully accept any prior to
zoning letter and/or certificate of occupancy issued previously by
the Town.
A.
The Code Administration and Enforcement Department
shall keep permanent official records of all transactions and activities
conducted by them, including all applications received, plans approved,
permits and certificates issued, fees charged and collected, inspection
reports, all rules and regulations promulgated by the municipality
and notices and orders issued. All such reports shall be public information,
open to public inspection during normal business hours.
B.
The Director shall monthly submit to the Town Board
a written report of all business conducted.
Whenever the Department has reasonable grounds
to believe that work on any building or structure is being performed
in violation of the provisions of the New York State Uniform Fire
Prevention and Building Code, the Zoning Ordinance[1] or other applicable laws, ordinances or regulations or
that the work is not in conformity with the provisions of an application,
plans or specifications on the basis of which a building permit was
issued or is being performed in an unsafe and dangerous manner, the
Director shall notify the owner of the property or the owner's agent
to suspend all work. Such person shall immediately stop such work
and suspend all building activities until the stop orders have been
rescinded. All stop orders shall be in writing and shall state the
conditions under which work may be resumed. A stop order shall be
served upon the person to whom it is directed either by delivering
it personally or by posting the same upon a conspicuous portion of
the building where the work is being performed and sending a copy
of the same to the person, firm or corporations by certified mail.
A.
Upon the determination by the Director that a violation
of the Uniform Code or this chapter exists, in or or about any building
or premises, the Director shall order, in writing, the remedy of the
condition. Such order shall state the specific provision of the Uniform
Code which the particular condition violates and grant such time as
may be reasonably necessary for achieving compliance before proceedings
to compel compliance shall be instituted. Such order shall be served
personally or by sending by first class mail.
B.
Any person, firm or corporation who violates any provision
of the Uniform Code or any rule or regulation of this chapter or the
terms or conditions of any certificate of occupancy issued by the
Director or his designee shall be liable to a civil penalty of not
more than $250 for each day, or part thereof, during which such violation
continues. The civil penalty provided in this subsection shall be
recoverable in an action instituted in the name of the Town on the
director's own initiative.
C.
Alternatively and in addition to an action to recover the civil penalties provided by Subsection B, the Town may institute any appropriate action or proceeding to prevent restrain, enjoin and correct or abate any violation of or to enforce any provision of the Uniform Code or the terms and conditions of any certificate of occupancy issued by the Department.
D.
Any person who shall willfully fail to comply with
the written order of the Director or his designee within the time
fixed for compliance herewith and any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents
or any other person taking part of assisting in the construction or
use of any building who shall violate any applicable provisions of
this chapter or any lawful order, notice, directive, permit or certificate
of the Director, made thereunder, or, in addition to any other penalties
provided for in this chapter, any person who shall violate any of
the provisions of this chapter, the Uniform Code, any rules or regulations
adopted pursuant to this chapter or who shall violate or fail to comply
with any order made thereunder or who shall build in violation of
any detailed statement of specifications or plans submitted and approved
thereunder shall severally be, for each and every violation, guilty
of a misdemeanor punishable by a fine of not less than $100 nor more
than $1,000 and/or by imprisonment for not more than 30 days. The
imposition of one penalty for any violation shall not excuse the violation
nor permit it to continue. All such persons shall be required to correct
or remedy such violation or defects within a reasonable time. When
not otherwise specified, each day that the prohibitive condition(s)
or violation(s) continues shall constitute a separate offense. The
imposition of any such penalty shall not be held to prohibit the enforced
removal of prohibitive conditions by any appropriate remedy including
immediate application for an injunction.
