This chapter shall be administered and enforced
by the Building Inspector and by his duly authorized representatives.
No building permit, change of use permit, certificate of occupancy,
temporary certificate of occupancy, certificate of compliance, certificate
of completion or other authorization for any construction, reconstruction,
alteration or enlargement of a building, structure or use, or for
the moving of a building or structure from one site to another, shall
be issued by the Building Inspector, and no variance or special permit
shall be granted by the Zoning Board of Appeals, the Town Board or
Planning Board, and no site plan shall be approved by the Planning
Board, unless the provisions of this chapter and all other statutes,
laws, ordinances, rules and regulations affecting the property involved
are fully complied with. The Building Inspector shall maintain files
of all applications for building permits, change of use permits and
plans submitted therewith and for certificates of occupancy, temporary
certificates of occupancy, certificates of compliance and certificates
of completion and records of all such permits and certificates issued
by him. In the performance of his duties, the Building Inspector and
his duly authorized representatives shall have the right, during daylight
hours, to enter and inspect any building, structure or land within
the unincorporated area of the Town and to perform any other act necessary
for the enforcement of this chapter.
[Amended 7-8-1987 by L.L. No. 3-1987]
No building or structure in any district shall
be erected, reconstructed or restored, structurally altered or used
without a building permit. A building permit shall be duly issued
upon application to the Building Inspector and upon payment of the
required fee unless the premises are exempt from taxation under § 4
of the Tax Law. No building permit shall be issued unless the proposed
construction or use is in full conformity with all provisions of this
chapter and all other applicable regulations. No permit shall be issued
unless the proposed construction is on a legally subdivided lot. No
permit shall be issued unless adequate water supply and sewage disposal
facilities are provided. Any such permit issued in violation of the
provisions of this chapter shall be null and void and of no effect.
Further proceedings for revocation or nullification of such null and
void permits shall not be necessary, and any work undertaken or use
established pursuant to any such permit shall not be lawful.
A.
Application. Every application for a building permit for any building or structure shall contain the following information and be accompanied by a survey prepared by a licensed surveyor in triplicate, drawn to scale, and signed by the person responsible for such drawing. In the case of accessory buildings and structures, the Building Inspector may waive such of the requirements set forth in Subsection A(1) through (6) as he may deem to be superfluous.
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or, if
an existing building, of the lot on which it is situated.
(2)
The exact size and locations on the lot of the proposed
building or buildings or alteration of an existing building on the
same lot.
(3)
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.
(4)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units, if
any, the building is designed to accommodate.
(5)
The location, size and pertinent details of existing
and proposed site utilities and drainage facilities.
(6)
Where the variations in elevation above or below the
average level of the street in front of the property exceed 10 feet,
the application shall be accompanied by a map showing topographic
contours at two-foot intervals, certified thereto by a licensed surveyor.
(7)
Such 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
and the State Building Construction Code.
(8)
Complete structure, architectural and mechanical plans
in triplicate, except that mechanical plans may not be required by
the Building Inspector for one-family dwellings or other uses where
such plans are not needed.
B.
No building permit shall be issued for any building
that is subject to site plan approval by the Planning Board except
in conformance with the requirements of said Board and upon approval.
No permit shall be issued for a building that is permitted subject
to a variance or special permit granted by any board except in accordance
with all conditions which may have been prescribed by the board.
C.
The building permit application and all supporting
documentation shall be made in triplicate and shall be accompanied
by the required fee. The amount of such fee shall be determined from
time to time by the Town Board. On the issuance of a building permit,
the Building Inspector shall return one copy of all filed documents
to the applicant.
D.
The Building Inspector shall, within 30 days after
the filing of a complete and properly prepared application with all
required approvals, including site plan, special permit and/or variances,
as determined by the Building Inspector, either issue or deny a building
permit. If a permit is denied, the Building Inspector shall state,
in writing, to the applicant the reasons for such denial.
E.
If any construction, alteration, enlargement or other
work authorized under a building permit is not begun within six months
from the date of its issuance or within such longer period as the
Building Inspector may authorize, in writing, because of the occurrence
of conditions unforeseen at the time of issuance, such permit shall
expire. If any construction, alteration, enlargement or other work
authorized under a building permit has begun but is not completed
within one year from the date of its issuance or such longer period
as the Building Inspector may authorize, in writing, for the completion
of work underway, such building permit shall expire and no further
work shall be done thereunder until a new building permit has been
obtained.
[Amended 7-8-1987 by L.L. No. 3-1987]
No existing building and/or land shall be converted
to a different occupancy without first securing a change of occupancy
permit. This section shall not apply to changes of occupancy for residences,
except residences containing or to contain professional offices. Said
permit shall be duly issued upon application to the Building Inspector
and upon payment of the required fee. No change of occupancy permit
shall be issued unless the proposed use is in full conformity with
all provisions of this chapter and all other applicable regulations.
Any such 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 change of occupancy permit
shall be accompanied by a plot or floor plan drawn to scale and signed
by the person responsible for such drawing, showing the manner in
which the land or building is proposed to be used and any proposed
fencing, screening and landscaping. The Building Inspector may waive
this requirement if he deems it to be superfluous.
B.
No change of occupancy permit shall be issued for
any building or use that is subject to site plan approval by any board,
except in conformance with the requirements of the board. No permit
shall be issued for a building or use that is permitted subject to
a special permit granted by any board, except in accordance with all
conditions which may have been prescribed by the board. No change
of occupancy permit shall be issued for any building or use that is
subject to a variance granted by the Zoning Board of Appeals, except
in accordance with all conditions which may have been prescribed by
said Board.
C.
The change of occupancy permit application and all
supporting documentation shall be made in triplicate and shall be
accompanied by the required fee. The amount of such fee shall be as
determined from time to time by the Town Board. On the issuance of
a change of occupancy permit, the Building Inspector shall return
one copy of all filed documents to the applicant.
D.
Within 30 days after the Building Inspector has certified
that a complete and properly prepared application, with all required
approvals, including site plan, special permit and/or variances, has
been filed, he shall either issue or deny said permit. If a permit
is denied, the Building Inspector shall state, in writing, to the
applicant the reasons for such denial.
A.
Certificates required:
(1)
A certificate of occupancy is the final document of
a building permit. Issuance of a certificate of occupancy by the Building
Department attests to the fact that the construction is in code conformance
and is satisfactory for occupancy and/or use.
(2)
A certificate of completion is a document issued by
the Building Department which attests to the fact that the construction
is in conformance with the plans submitted for the building permit
which has been obtained for said construction. Issuance of a certificate
of completion does not attest to the fact that the building is satisfactory
for occupancy and/or use.
(3)
A certificate of compliance is the final document
of a change of occupancy permit. Issuance of certificate of compliance
by the Building Department attests to the fact that the change of
occupancy is in code conformance and that the building is satisfactory
for occupancy and/or use.
[Amended 7-8-1987 by L.L. No. 3-1987]
(4)
The following shall be unlawful until a certificate
of occupancy and/or completion and/or compliance or other official
documents as deemed required and necessary have been issued by the
Building Inspector:
(a)
Occupancy and use of a building erected, reconstructed,
restored, altered or moved or any change in use of an existing building.
(b)
Occupancy, use or any change in use of vacant
land.
(c)
Any change in use of a nonconforming use.
(d)
Any change in use or any enlargement to an existing
structure.
B.
A certificate of occupancy and/or certificate of compliance
shall be deemed to authorize and is required for both initial occupancy
and the continued occupancy and use of a building or land to which
it applies.
C.
No certificate of occupancy and/or certificate of
compliance shall be issued for any use requiring the granting of a
special permit, variance or site plan approval unless and until all
provisions and conditions are in compliance with Town Code and have
been approved by the agency having jurisdiction.
D.
A certificate of occupancy and/or certificate of completion
and/or certificate of compliance shall be obtained from the Building
Department for a new building and for an existing building which has
been altered after construction of such building or part thereof has
been completed in conformity with the provisions of this chapter and
all other applicable regulations. Every certificate of occupancy,
temporary certificate of occupancy, certificate of completion and
certificate of compliance shall be accompanied by the required fee.
The amount of such fee shall be determined from time to time by the
Town Board. Such certificates shall be issued by the Building Inspector
within 10 days after verification of completion or requirements and
conformity with the building permit and/or change of occupancy permit
previously issued for such construction and/or occupancy change, but
only provided that all requirements of all other applicable codes
or ordinances in effect are complied with.
[Amended 7-8-1987 by L.L. No. 3-1987]
E.
A temporary certificate of occupancy may be issued
for partial or total occupancy of a building or premises if, in the
opinion of the Building Inspector, substantial and proper safeguards
and compliance have been met and/or provided to ensure the complete
safety, health and welfare of the occupants, patrons and users of
the same. Conditions and time limits for the completion of all outstanding
and required work shall be made a part of the temporary certificate
of occupancy. Temporary certificates of occupancy may be extended,
revoked or rescinded for due and just cause. If revoked or rescinded,
any and all occupancy must cease and terminate immediately.
F.
Upon written request by the owner and upon payment
of the required fee, the Building Inspector shall, after inspection,
issue a certificate of compliance for any building, occupancy or use
thereof, or of land, existing at the time of the adoption of this
chapter, certifying such building, occupancy or use and whether or
not the said building, occupancy or use conforms to the provisions
of this chapter.
[Amended 7-8-1987 by L.L. No. 3-1987]
G.
A record of all certificates of occupancy and certificates
of compliance shall be kept in the office of the Building 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.
H.
For the purpose of recording the character and extent
of any legal nonconformity existing as of the effective date of this
chapter, the owner or lessee of any building, structure or land may
apply to the Building Inspector for a certificate of occupancy, specifying
in such application the character and extent of the nonconformity
of such building, structure or land and/or the use thereof and its
conformity to the zoning regulations applicable thereto at the time
of its construction or the creation of such use.
A.
Any person or corporation, whether as owner, lessee,
architect, contractor or builder, or the agent or employee of any
of them, who violates or is accessory to the violation of any provision
of this chapter or any rule or regulation made under the authority
conferred by this chapter, or who shall erect, construct, alter, enlarge,
convert or move any building or structure or any part thereof without
a building permit or in violation of any statement or plans submitted
and approved under the provisions of this chapter, or who shall use
any building, structure or land in violation of this chapter or any
rule or regulation made under the authority conferred by this chapter,
or in violation of the provisions of any building permit or change
of occupancy permit or certificate of occupancy or without a building
permit, change of occupancy permit or certificate of occupancy where
one is required by this chapter, and who fails to abate said violation
within the time period specified on the violation notice and after
written notice has been served upon him either by mail or personal
service, shall be liable to a fine not exceeding $500 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than
$500 nor more than $1,500 or imprisonment for a period not to exceed
six months, or both; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine of not less than $1,500 nor more than $2,500
or imprisonment for a period not to exceed six months, or both, to
be recovered with costs. Each and every day a violation continues
to exist shall constitute a separate additional offense. Nothing in
this chapter shall be construed as depriving the Town or the Town
Board or any official thereof of the right to apply for an injunction
to prevent any violation of this chapter or of the right to employ
any other available remedy.
[Amended 8-12-1987; 9-29-1987; 7-20-1994 by L.L. No. 4-1994]
B.
In case any building or structure is erected, constructed,
reconditioned, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the Town Board
or the Building Inspector, or any other official of the Town, through
the Town Attorney, in addition to other remedies, may institute any
appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such building, structure
or land.
C.
The Building Inspector shall maintain a cumulative
file, open to public inspection, of each violation of this chapter,
arranged by volume, sheet, block and lot numbers, so that the full
case history of each such violation may be available.
