No building in any district shall be erected,
reconstructed, restored or structurally altered without a building
permit duly issued upon application to the Building Inspector. No
building permit shall be issued unless the proposed construction or
use is in full conformity with all the provisions of this chapter.
Any building permit issued in violation of the provisions of this
chapter shall be null and void and of no effect without the necessity
for any proceedings for revocation or nullification thereof, and any
work undertaken or use established pursuant to any such permit shall
be unlawful.
A.
Every application for a building permit shall contain
the following information and be accompanied by the required fee and
by a plot plan drawn to scale and signed by the person responsible
for such drawing. If no such plot plan is available, a survey, prepared
by a licensed engineer or land surveyor, is required. Fees shall be
in accordance with the Standard Schedule of Fees of the Town of Cornwall
as may be adopted from time to time by resolution of the Town Board.[1]
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated if an existing building.
(2)
The section, plate, block and lot numbers as they
appear on the latest tax records.
(3)
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(5)
The existing and intended use of all buildings, existing
or proposed; the use of land and the number of dwelling units the
building is designed to accommodate.
(6)
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
[1]
Editor's Note: A schedule of fees is on file
in the office of the Town Clerk.
B.
No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway as stipulated in § 280-a of the Town Law.
C.
No building permit shall be issued for any building
where the site plan of such building is subject to approval by the
Planning Board, except in conformity with the plans approved by said
Board.
D.
No building permit shall be issued for any special
permit use in any district where such use is subject to approval by
the Planning Board/Town Board unless and until such approval has been
duly granted by said Board.
E.
The building permit application and all supporting
documentation shall be made in triplicate. Upon the issuance of a
building permit, the Building Inspector shall return one copy of all
filed documents to the applicant.
F.
The Building Inspector shall, within 10 days after
the filing of a complete and properly prepared application, either
issue or deny a building permit. If a building permit is denied, the
Building Inspector shall state in writing to the applicant the reasons
for such denial.
G.
Every building permit shall expire if the work authorized
has not commenced within six months after the date of issuance or
has not been completed within 18 months from such date for construction
costing less than $1,000,000 and has not been completed within 30
months from such date for construction costing in excess of such amount.
If no zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Building Inspector
may authorize in writing the extension of either of the above periods
for an additional six months, following which no further work is to
be undertaken without a new building permit.
H.
As soon as the foundation of a building or of any
addition to an existing building is completed and before first-story
framing or wall construction is begun, there shall be filed with the
Building Inspector an accurate survey, signed by the person responsible
for said survey, showing the exact location of such foundation with
respect to the street and property lines of the lot.
I.
No sign in any district shall be erected or structurally
altered without a building permit duly issued upon application to
the Building Inspector. Temporary building permits, not to exceed
a period of six months, shall be issued by the Building Inspector
for signs made of cardboard, paper, canvas or similar impermanent
material. The Board of Appeals may extend the building permit for
said sign an additional six-month period.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector:
B.
No certificate of occupancy shall be issued for any
special permit use of a building or of land requiring special permit
approval or for any land or use requiring site plan approval by the
Planning Board unless and until such special permit or site plan approval
has been duly granted by the Planning Board. Every certificate of
occupancy for which special permit or site plan approval has been
granted or in connection with which a variance has been granted by
the Board of Appeals shall contain a detailed statement of any condition
to which the same is subject.
C.
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made on forms furnished by the Building Inspector after erection
of such building or part thereof has been completed in conformity
with the provisions of this chapter. In the case of a new building,
such application shall be accompanied by an accurate plot plan or,
if not available, by a survey prepared by a licensed land surveyor
or engineer showing the location of all buildings as built. Such certificate
shall be issued within 10 days after receipt of the properly completed
application, but only provided that the application states that all
requirements of all other applicable codes or ordinances in effect
are complied with.
D.
If the proposed use is in conformity with the provisions
of this chapter and of all other applicable codes and ordinances,
a certificate of occupancy for the use of vacant land or for a change
of use of a nonconforming use shall be issued by the Building Inspector
within 10 days after receipt of a properly completed application.
If a certificate of occupancy is denied, the Building Inspector shall
state the reasons in writing to the applicant.
E.
With regard to those uses which are subject to the
performance standards procedure, the following requirements shall
also apply:
(1)
After occupancy, if there occur continuous or frequent,
even though intermittent, violations of the performance standards
and other provisions for a period of five days without bona fide and
immediate corrective work, the Building Inspector shall suspend or
revoke the occupancy permit of the use, and the operation shall immediately
cease until it is able to operate in accordance with these regulations,
at which time the occupancy permit shall be reinstated.
(2)
The Building Inspector shall investigate any alleged
violation of the performance standards, and if there are reasonable
grounds to believe that a violation exists, he shall investigate the
alleged violation and, for such investigation, may employ qualified
experts. A copy of said findings shall be forwarded to the Town Board.
The services of any qualified experts employed by the Town to advise
in establishing a violation shall be paid for by the violator if a
violation is proved, and otherwise by the town. No new certificate
of occupancy shall be issued unless such charges have been paid to
the town.
G.
A certificate of occupancy shall be deemed to authorize
and is required for both initial occupancy and the continuance and
use of the building or land to which it applies.
H.
Certificates involving wells, septic systems or roads.
[Added 12-14-1987 by L.L. No. 5-1987]
(1)
A certificate of occupancy shall only be issued in
instances when well and/or septic systems which are to be used are
placed as shown on approved subdivision/site plans. Septic system
design must be done by a person licensed to do so in New York State.
A statement certifying the system was built to at least the minimum
standards on the approved plan shall be furnished to the Building
Inspector prior to the certificate of occupancy's being issued.
(2)
If a road, private or public, is to be built or improved
on approved site or subdivision plans, that portion of the road, including
adequate turning area if road is to be continued, up to the area of
the site for which the certificate of occupancy is requested must
be complete prior to the certificate of occupancy being issued. Utilities
and the road base must be in place before the building permit is issued.
I.
A record of all certificates of occupancy shall be
kept in the office of the Building Inspector, and copies shall be
furnished on request to any agency of the town, and such record shall
be available for viewing by the public during normal working hours.
A.
The Office of Building Inspector is hereby established.
The Building Inspector shall be appointed by the Town Board. It shall
be his duty to enforce the provisions of this chapter and of all rules,
conditions and requirements adopted or specified pursuant to the same.
The Town Board may appoint one or more Deputy Building Inspectors
to exercise any or all of the duties of the Building Inspector.
[Amended 12-14-1987 by L.L. No. 5-1987]
B.
The Building Inspector or his duly authorized assistant(s)
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1)
The Building Inspector shall notify the owner and
tenant before conducting any inspection.
(2)
The Building Inspector or his duly authorized assistants
shall display identification signed by the Supervisor upon commencing
an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or tenant.
C.
The Building Inspector shall maintain files, open
to the public, of all applications for certificates of occupancy and
building permits along with plans submitted therewith, as well as
final certificates and permits.
D.
The Building Inspector shall also maintain records,
open to the public, of every complaint of a violation of the provisions
of this chapter, as well as action taken as a result of such complaints.
E.
The Building Inspector shall submit to the Town Board,
for insertion in the Board minutes, a written report summarizing for
the month all building permits and certificates of occupancy issued
by him as well as complaints of violations and action taken as a result
of such complaints.
F.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable building code, ordinances,
laws or regulations or not in conformity with the provisions of an
application, plans or specifications on the basis of which a building
permit was issued or is in an unsafe or dangerous manner or is not
in conformity of the provisions of any approval granted by any board
of the Town, he shall notify the owner of the property or the owner's
agent, or the person performing the work to suspend all work, and
any such person shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such stop order
and notice shall be in writing, shall state the conditions under which
the work may be resumed and shall be served upon a person to whom
it is directed either by delivering it personally to him, or by posting
the same upon a conspicuous portion of the building under construction
and sending a copy of the same by certified mail, return receipt requested,
to the owner of the property at the address appearing on the latest
completed assessment roll of the Town.
[Added 11-13-2001 by L.L. No. 3-2001]
A.
Violation of any provision or requirement of this
chapter or violation of any statement, plan, application, permit or
certificate approved under the provisions of this chapter shall be
considered an offense punishable by a fine of not more than $250.
B.
The owner, employee or contractor of a building, premises
or part thereof where such a violation has been committed or does
exist shall be guilty of such an offense.
C.
Any agent, contractor, architect, builder, corporation
or other person who commits, takes part or assists in such violation
shall also be guilty of such an offense.
D.
Each and every day that any such violation continues
after notification that such violation exists shall constitute a separate
offense. Such notice shall be written by the Building Inspector and
shall be served by certified mail, return receipt requested, or by
personal service.
E.
The imposition of penalties herein prescribed shall
not preclude the Town or any person from instituting appropriate legal
action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
or to restrain, correct or abate a violation or to prevent the illegal
occupancy of a building, land or premises.
F.
Violation
of any provision or requirement of this chapter, or violation of any
statement, plan, application, permit or certificate approved under
the provisions of this chapter, shall be subject to a civil penalty
of $250 per day; further, in the event that the Town successfully
commences a civil action for an injunction and/or such civil penalty,
the party found liable for such violation shall also be liable for
the reasonable attorney's fees incurred by the Town in prosecuting
such action.
[Added 2-12-2020 by L.L. No. 1-2020]
