[Amended 11-14-2001 by L.L. No. 8-2001]
No building in any district shall be erected,
reconstructed or restored or structurally altered without a building
permit duly issued upon application to the Building and Zoning 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 or revocations or nullification thereof, and any
work undertaken or use established pursuant to any such permit shall
be unlawful. No building permit shall be required for small noncommercial
structures not exceeding 150 square feet and not intended as quarters,
for living, sleeping, eating or cooking.
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. No such survey
or plot plan is required where there is no proposed extension or increase
in either the height or footprint of the existing structure. Fees
shall be in accordance with the Standard Schedule of Fees of the Town
of Eden 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. Existing easements should also be
shown.
(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 and existing and proposed underground
utilities and easements therefor.
(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.
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. Such
access shall consist of not less than a twenty-foot-wide permanent
legal right-of-way, improved to the satisfaction of the Planning Board,
to a public street.
C.
No building permit shall be issued for a lot in a
subdivision requiring approval by the Planning Board unless the subdivision
map has been properly filed in the office of the County Clerk.
D.
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.
E.
No building permit shall be issued for a building
to be used for any special permit use in any district where such use
is subject to approval by the Town Board unless and until such approval
has been duly granted by the Town Board.
F.
The building permit application and all supporting
documentation shall be made in quadruplicate. On the issuance of a
building permit, the Building and Zoning Inspector shall return one
copy of all filed documents to the applicant.
G.
The Building and Zoning 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 and Zoning Inspector shall state, in writing, to the
applicant the reasons for such denial within five days of such motion.
H.
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 the
subject property have been enacted in the interim, the Building and
Zoning 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.
I.
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 and Zoning 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.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
and Zoning Inspector:
B.
No certificate of occupancy shall be issued for any
special permit use of a building or land requiring approval by the
Town Board or for any land or use requiring site plan approval by
the Planning Board unless and until such special permit use or site
plan approval has been duly granted. Every certificate of occupancy
for which special permit use 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 and Zoning 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 and
Zoning Inspector within 10 days after receipt of a properly completed
application. If a certificate of occupancy is denied, the Building
and Zoning Inspector shall state the reasons, in writing, to the applicant.
E.
In 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 and Zoning 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 and Zoning Inspector shall investigate
any alleged violation of the performance standards, and if there are
reasonable grounds to believe that a violation exists, he or she 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.
F.
Fees for certificates of occupancy shall be in accordance
with the Standard Schedule of Fees of the Town of Eden as may be adopted
from time to time by resolution of the Town Board.
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.
Upon written request by the owner, and upon payment
of the fee as set by the Town Board, the Building and Zoning Inspector
shall, after inspection, issue a certificate of occupancy for any
building or use thereof or of land existing at the time of the adoption
of this chapter, certifying such use (including the number of employees)
and whether or not the same and the building conform to the provisions
of this chapter.
I.
A record of all certificates of occupancy shall be
kept in the office of the Building and Zoning Inspector, and copies
shall be furnished on request to any agency of the town or to any
persons having a proprietary or tenancy interest in the building or
land affected.
J.
The Building and Zoning Inspector may issue a temporary
certificate of occupancy for the completion of any alterations that
are required under the provision of any law or ordinance or for the
completion of a part of any uncompleted building and/or land, provided
that:
[Added 9-14-1994 by L.L. No. 1994-10]
(1)
The denial of a certificate of occupancy prior to
completion of said alterations or of the building would cause unnecessary
hardship to the property owner; and
(2)
The safety of the occupants of the building and of
adjacent buildings and land would be adequately assured under such
terms and conditions as the Building and Zoning Inspector may prescribe.
(a)
The Building and Zoning Inspector may require
a certified check or bond made out to the Town of Eden in an amount
sufficient to cover the full cost of completing the required alterations
or completions to the building and/or land as verified by the Town
Engineer. In the case of a bond, it shall be a surety satisfactory
to the Attorney for the town.
(b)
The temporary certificate of occupancy shall
state the time for completion of the alteration or completion of the
part of any uncompleted building. The time shall not exceed six months.
(c)
Such temporary certificate of occupancy shall
not be construed as in any way altering the rights, duties or obligations
of the owner or of the town respective to the use or occupancy of
the land or building or any other matter covered by this chapter.
A.
It shall be the duty of the Building and Zoning Inspector,
who shall be appointed by the Town Board, to enforce the provisions
of this chapter and of all rules, conditions and requirements adopted
or specified pursuant thereto.
B.
The Building and Zoning Inspector or his or her 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 his or her duties, provided that:
(1)
The Building and Zoning Inspector shall notify the
owner and tenant before conducting any inspection.
(2)
The Building and Zoning Inspector or his or her duly
authorized assistants shall display identification signed by the Supervisor
upon commencing an inspection.
(3)
Inspections shall be made in the presence of the owner
or his or her representative or tenant, unless previous authorization
has been obtained or granted.
C.
The Building and Zoning 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 and Zoning 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 and Zoning Inspector shall submit to
the Town Board for insertion in the Board minutes a report summarizing
for the month all building permits and certificates of occupancy issued
by him or her as well as complaints of violations and action taken
as a result of such complaints.
F.
The Building and Zoning Inspector shall coordinate
his or her activities with the activities of other applicable agencies,
such as sewer and sanitary agencies, the Town Engineer and Town Attorney.
A.
Pursuant to § 268 of the New York State
Town Law, 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 up to $350 and/or imprisonment
for up to six months for a first offense; a fine of $350 to $700 and/or
imprisonment for up to six months for a second offense within five
years; and a fine of $700 to $1,000 and/or imprisonment for up to
six months for a third offense within five years.[1]
B.
The owner, general agent 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 or which commits, takes part in or assists in
such violation shall also be guilty of such an offense.
D.
Each week's continued violation shall constitute a
separate additional violation. Such period shall be deemed to have
begun 10 days after written notice, evidenced by postmark or certification
of service, by the Building and Zoning Inspector setting forth the
applicable regulations and the elements of the offense, such notice
to be 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.
