The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Building Inspector/Code
Enforcement Officer, who shall have such powers as are conferred upon
him by this chapter and as reasonably may be implied. He shall be
appointed by the Town/Village Board of Trustees and shall receive
such compensation as the Town/Village Board of Trustees shall determine.
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A building/use permit or special
use permit shall be a prerequisite to the erection or structural alteration
of a building, structure or use thereof. Building/Use and special
use permits issued pursuant to this section shall expire in one year
unless the project is completed. If the project is not initiated within
six months, the permit issued shall be considered null and void. If
the project is not completed within one year, the applicant may request
an extension for a period of up to one year. Applicants shall justify
the need for the proposed extension.
A. Building/Use permits. The Building Inspector/Code
Enforcement Officer is hereby empowered to issue a building/use permit
for any plans regarding the construction or structural alteration
of any building or part of any building or the change in the use of
any land or building or part thereof where he shall determine that
such plans are not in violation of the provisions of this chapter.
B. Special use permits. Upon written notice of the Zoning
Board of Appeals, the Building Inspector/Code Enforcement Officer
is hereby empowered to issue a special use permit provided for by
this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Certificates of occupancy.
(1) The Building Inspector/Code Enforcement Officer is
hereby empowered to issue a certificate of occupancy or a conditional
certificate of occupancy which shall certify that all provisions of
this chapter have been complied with in respect to the location and
use of the building, structure or premises in question, which certificate
of occupancy must be obtained within 90 days prior to the occurrence
of any of the following:
(a)
Completion of a new structure.
(b)
The occupancy of an existing structure which
has been substantially structurally altered or moved or has had a
change in proposed use.
(c)
The transfer of title to a new owner of any
two-family dwelling, mixed-occupancy dwelling containing one or more
families or multiple dwelling.
(d)
The transfer of title to a new owner of any
commercial or industrial facility.
(e)
The reoccupancy of an apartment dwelling which
has been vacant for more than six months.
(f)
A change of occupancy or use that would bring a dwelling under a different or additional classification of this chapter, Chapter
67, Building Construction and Fire Prevention, or other provisions of the Code of the Town/Village of East Rochester.
(g)
The expiration or termination of a valid certificate
of occupancy for a subject dwelling.
(2) No dwelling shall be occupied, in whole or in part, subsequent to the occurrence of any event enumerated in Subsection
C(1)(a),
(b),
(c),
(d),
(e),
(f) or
(g) herein, unless the Building Inspector/Code Enforcement Officer has issued said certificate of occupancy or a conditional certificate of occupancy.
(3) Requirements waived.
(a)
The Building Inspector/Code Enforcement Officer
shall waive the requirements for a certificate of occupancy when title
is transferred:
[1]
By an executor or administrator in the administration
or settlement of an estate.
[3]
By a court-appointed referee.
[4]
By a trustee in bankruptcy.
[5]
To or by an assignee for benefit of creditors.
[6]
By the Monroe County Sheriff pursuant to a judicial
sale.
[7]
To a municipality as a result of tax foreclosure.
[8]
Between husband and wife.
[9]
To a person who had immediate, previous legal
ownership, in whole or in part.
[10] Pursuant to the formation, reorganization
or dissolution of a partnership or corporation.
[11] By a corporation to its shareholders.
[12] To the United States Department
of Housing and Urban Development or to the Administrator of Urban
Affairs.
(b)
The Building Inspector/Code Enforcement Officer
shall issue or deny the waiver within five business days of receipt
of a written request.
Each application for a building/use permit or
special use permit shall include a site plan. The Building Inspector/Code
Enforcement Officer shall specify the number of copies to be submitted.
The application and supporting documents shall clearly show the conditions
on the site at the time of the application, the features of the site
which are to be incorporated into the proposed use or building and
the appearance and function of the proposed use of the building or
premises. As a minimum, the application shall include the following
information and plans for both before and after conditions and shall
certify that the proposed improvements will meet or exceed the Town/Village's
construction specifications:
A. The location, use, design and dimensions and height
of each use and building.
B. Property boundaries, including the precise location
of the center line of the road, dimensions, scale, North arrow, date,
general location map and easements and deed restrictions, if applicable.
C. Physical features, including geodetic markings, existing
swales, elevations, streams, wetlands and swamp areas, location of
trees and a description of existing vegetation.
D. The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading and the distance to the nearest intersection.
E. The location and type of lighting to be provided.
F. The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
G. The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
H. Provision for water supply, sewage disposal, storm
drainage and solid waste collection and disposal, including the location
of dumpsters, if any.
I. A completed checklist certifying compliance with the
foregoing and such other data and plans as may be specifically requested
by the Building Inspector/Code Enforcement Officer to enable the Town/Village
to properly consider the application.
J. The location of any existing or proposed outside storage
and/or display areas.
A copy of the current fee schedule may be obtained
from the Town/Village Clerk-Treasurer.