Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
The Town Board shall provide for the services of a Building Inspector. The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses, record and file all applications for permits with accompanying plans and documents and make such reports as may be required.
B. 
Building permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Schedule I hereof[1] shall be issued only upon written order of the Planning Board or Zoning Board of Appeals.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
A. 
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof nor alter the use of any land subsequent to the adoption of this chapter until a building permit has been issued by the Building Inspector. Building permits may be valid for a limited period of time for special uses of a temporary nature as set forth herein and for other uses as may be regulated by the Zoning Board. 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.
(1) 
Water supply and sewage disposal. All water supply and sewage disposal installations shall conform to the New York State Department of Health and New York State Department of Environmental Conservation regulations. No site plan shall be approved by the Building Inspector in any district unless such conformity is certified on the plan.
(2) 
Application. All such applications shall be accompanied by a site plan that shall have been approved by the Planning Board. For uses that do not require site plan approval, a survey shall be submitted, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building, sign, parking or loading area or other physical feature, existing and intended use of each building or part of a building, the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved. One copy each of all applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
B. 
For special uses. All such applications shall be accompanied by plans and such other information as may be required by the Planning Board or Zoning Board of Appeals.
C. 
Issuance of permits.
(1) 
It shall be the duty of the Building Inspector to issue a building permit, provided that he is satisfied that the structure, building, sign, parking area and the proposed use conform to all requirements of this chapter, and the New York State Uniform Fire Prevention and Building Code, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
(2) 
All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed as required by this chapter, nor shall be perform building operations of any kind after notification of the revocation of said building permit.
D. 
Denial of permits. When the Building Inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Inspector's decision.
E. 
Revocation of permits. If it shall appear at any time to the Building Inspector that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the applications filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Building Inspector. After the building permit has been revoked, the Building Inspector may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Town of Mamakating with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
F. 
Expiration. Every building permit to be issued by the Building Inspector shall expire if the work authorized by the building permit has not commenced within the time period after the date of issuance set forth below or has not been completed within the time period set forth below. Work authorized by a building permit shall commence and be completed as follows:
[Amended 8-21-2007 by L.L. No. 2-2007]
(1) 
Swimming pools: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit or by October 31 of that year, whichever comes first; building permits for swimming pools may not be renewed upon expiration of the foregoing period.
(2) 
Wood stoves: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit; building permits for wood stoves may not be renewed upon the expiration of said six-month period.
(3) 
Demolition: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit or by such other period of time after the issuance of the building permit as the Building Inspector, in the exercise of his reasonable discretion, determines; building permits for demolition work may not be renewed upon the expiration of said time period.
(4) 
Decks: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit; upon the expiration of said six-month period, the Building Inspector may, in the exercise of his reasonable discretion, renew the building permit for one additional period of six months.
(5) 
Garages/sheds: The work pursuant to the building permit must commence within six months after the issuance of the building permit and must be completed within one year after the issuance of the building permit; upon the expiration of said one-year period, the Building Inspector may, in the exercise of his reasonable discretion, renew the building permit for one additional period of one year.
(6) 
Additions/alterations: The work pursuant to the building permit must commence within six months after the issuance of the building permit and must be completed within one year after issuance of the building permit; upon the expiration of said one year period, the Building Inspector may, in the exercise of his reasonable discretion, renew it for one additional period of one year.
(7) 
New home: The work pursuant to the building permit must commence within six months after the issuance of the building permit and must be completed within two years after the issuance of the building permit; upon the expiration of said two-year period, the Building Inspector may, in the exercise of his reasonable discretion, renew the building permit for one additional period of one year.
(8) 
Commercial buildings: The work pursuant to the building permit must commence within six months after issuance of the building permit and must be completed within two years after the issuance of the building permit; upon the expiration of said two-year period, the Building Inspector may, in the exercise of his reasonable discretion, renew it for one additional period of two years.
(9) 
Wells: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit; building permits for wells may not be renewed upon the expiration of said six-month period.
(10) 
Septic: The work pursuant to the building permit must commence and be completed within six months after the issuance of the building permit; building permits for septic may not be renewed upon the expiration of said six-month period.
G. 
Stop order. 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 laws, ordinances or regulations, or not in conformity with all the provisions of the application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, 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 order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may 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 him a copy of the same by registered mail.
H. 
Access.
(1) 
In accordance with § 280-a of the Town Law, no building permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or plan or, if there is no map or plan, unless such street or highway is:
(a) 
An existing state, county or Town highway;
(b) 
A street shown upon a plat approved by the Planning Board as provided in §§ 276 and 277 of the Town Law, as in effect at the time such plat was approved; or
(c) 
A street on a plat duly filed and recorded in the office of the County Clerk or Register prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.
(2) 
For landlocked lots, access to the lot shall have been established in accordance with § 199-9G, Landlocked lots, prior to the granting of a building permit.
A. 
Certificate required; application; issuance.
(1) 
No building or structure erected subject to the New York State Uniform Fire Prevention and Building Code and the provisions of this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued.
(2) 
No change shall be made in the use or occupancy of a building or structure unless a building permit and new certificate of occupancy authorizing the change of use shall have been issued. A change in use shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation.
(3) 
The owner shall make application for the certificate of occupancy. After completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Building Inspector may require and after actual inspection of the premises by the Building Inspector or his duly authorized assistant, the Inspector shall, upon finding the facts to be as represented, issue, in duplicate, a certificate of occupancy. The certificate of occupancy shall certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the certificate of occupancy, which purposes shall conform to the requirements of this chapter.
B. 
Upon request, a temporary certificate of occupancy may be issued if the building, structure or lot or a designated portion of a building, structure or lot is sufficiently improved that it may be put to the use for which it is intended. A temporary certificate of occupancy may, at the discretion of the Building Inspector, be renewed an indefinite number of times. A temporary certificate of occupancy may be issued where the required landscaping, concrete work, final asphalt course, or other improvement has not be installed due to seasonal or other constraints; provided, however, that such other portions as have been completed may be occupied safely without endangering life or public welfare. The applicant shall be required to furnish a performance bond or other security from the owner or holder of the building permit, which bond or other security shall run to the benefit of the town. The form and the amount of security shall be set and held by the Town Board, upon the advice of the Building Inspector and the Town Engineer, with the approval of the Planning Board, and in such form acceptable to the Town Attorney. Every application for a temporary certificate of occupancy shall be accompanied by a fee in accordance with the Fee Schedule of the Town of Mamakating.
C. 
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the New York State Uniform Fire Prevention and Building Code and the provision of this code in the area intended for use.
D. 
The Building Inspector of the Town of Mamakating is authorized to issue a certificate of occupancy in regard to any building or structure upon receiving from a licensed professional engineer or architect as-built plans and a sworn certification which, to the satisfaction of the Building Inspector, certifies that the building complies with all requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Building Code for the issuance of a certificate of occupancy which existed at the time erected, notwithstanding that said premises may not have the otherwise requisite building permits. Said certificate of occupancy shall recite that the certificate is issued upon the certification of the licensed professional engineer or architect and that the building complies with all requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Building Code for the issuance of a certificate of occupancy at the time enacted and that the Town issues the certificate of occupancy solely on the basis of that certification and not on the basis of any independent inspection or investigation.
E. 
No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of a premises shall apply to the Building Inspector for a building permit prior to receiving a new certificate of occupancy for the change in use. A copy of the certificate of occupancy shall be kept at all times upon the premises affected and shall be displayed upon request made by any Building Inspector or police officer. A record shall be kept of all certificates of occupancy issued, and the original applications therefor shall be kept on file in the same manner as applications for building permits. A certificate of occupancy once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
[Added 12-6-2016 by L.L. No. 4-2016]
A. 
Legislative findings and intent. The Town Board finds and determines that in order to promote the public welfare and provide for open and transparent government processes, full and fair disclosure of all persons comprising or controlling an entity making a land use application or undertaking development of land or a structure must be required. Therefore, this section requires a nonperson entity making a land use application or undertaking development of land or a structure to disclose the names and contact information of the persons who own, comprise or control the entity. Such disclosure will inform the public concerning the names of the individuals behind the land use application or development, will facilitate application review by the reviewing boards, and will better disclose actual or potential conflicts of interest. The requirements of this section shall apply to all pending and future land applications.
B. 
Definitions.
APPLICANT
The legal, beneficial and equitable owner(s) of land proposed for development in a land use application, including but not limited to the holder of an option or contract to purchase, or a person or entity having a proprietary interest in such land, or a person or entity authorized to make and process a land use application.
AUTHORIZED PERSON
Any person who is authorized to act or does act alone or in conjunction with others, on behalf of an entity or who has authority to direct, control or influence the entity in any manner.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; mining or excavation; any change in, or extension of, the use of any land, building or structure.
ENTITY
A limited-liability company, limited-liability partnership, general or limited partnership, joint venture, doing business name or venture, corporation, association, or any other nonperson.
LAND USE APPLICATION
An application form and other documents submitted by an applicant for review and approval of a building permit, subdivision plat, site plan, special use permit, conditional use permit, variance, zoning amendment, certificate of occupancy, or any other permit, approval or certificate required necessary or requested for development of land or a structure.
C. 
Requirement for disclosure.
(1) 
A land use application that lists an entity as owner, applicant or other person of interest shall include, as part of the application, and as a prerequisite to the land use application being deemed complete or heard or considered, a completed entity disclosure statement, affirmed and sworn to under the penalty of perjury, in a form approved by the Town Board. The form of the disclosure statement may be amended from time to time by resolution of the Town Board.
(2) 
If a property for which a land use application is pending is sold or transferred and/or the ownership or control of an entity is changed, an updated entity disclosure statement shall be submitted. The reviewing board, officer or employee shall suspend review of the land use application until the entity submits the updated entity disclosure statement. There shall be no development of any land, building or structure until a current and complete entity disclosure statement is submitted. If site work or construction of a building or structure has commenced, the Building Inspector is authorized to issue a stop-work order, which shall remain in effect until the updated entity disclosure statement is submitted.
(3) 
The Town Board, Planning Board, Zoning Board of Appeals, Building Department, or any municipal board, officer or employee shall not process, hear, rehear, approve, or sign any land use application, plans, permit or certificate unless and until a current and complete entity disclosure statement is submitted.
D. 
Information required in the entity disclosure statement. The following information shall be required to be disclosed in the entity disclosure statement:
(1) 
If the applicant is an entity, the name, address and contact information for each owner, member, shareholder, officer, director, beneficial owner, general partner, limited partner and authorized person of the entity shall be disclosed. If any owner, member, shareholder, beneficial owner, general partner or limited partner is itself an entity, then the name, address and contact information of any member, shareholder, director, officer, beneficial owner, general partner or limited partner or authorized person of that entity shall be disclosed.
(2) 
Each named person shall identify all Town officers or employees for which disclosure of a relationship would be required pursuant to state General Municipal Law § 809.
(3) 
Other information reasonably required by resolution of the Town Board which implements or promotes the purpose and intent of this section.
E. 
Persons exempt from the disclosure requirements of this section.
(1) 
A person who is not an officer, director or authorized person of a publicly traded corporation and who holds less than 5% of the shares or ownership interest in such corporation.
F. 
Land use applications exempt from the disclosure requirements of this section.
(1) 
Renovations to a building which do not increase the size of the building;
(2) 
Construction of a permitted accessory structure containing less than 500 square feet of floor area.
G. 
Penalties for offenses.
(1) 
If an entity, its representative(s) or other person fails to submit, update or keep current a complete and correct disclosure statement required by this section, or otherwise violates a requirement of this section, such entity, its representative(s) or other person shall be subject to a civil penalty, not to exceed $5,000, assessed by a court of competent jurisdiction.
(2) 
Nothing herein shall preclude institution of a criminal or civil proceeding against the entity or any of its representatives or other person where conduct may constitute a violation of law.
(3) 
In addition to the penalties prescribed in this section and in state law, any entity or person who violates any provision of this section shall be liable for all reasonable attorneys' fees, consultant and expert fees, costs and disbursements incurred by the Town in any legal proceeding to enforce the requirements of this section and/or to recover a civil penalty.
A. 
Right of entry. The Building Inspector, or his authorized agent, upon the showing of proper credentials and in the discharge of his duties, may enter upon any land or building or structure at any reasonable hour, subject to all applicable laws.
B. 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
C. 
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town Board or the Building Inspector, in addition to other remedies, may institute any appropriate action of proceedings 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 premises.
D. 
Penalties.
(1) 
A violation of this chapter is hereby declared to be a violation, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
(2) 
A violation of this chapter shall be subject to a civil penalty enforceable and collected by the Town in the amount of $250 for each such offense. Each week's continued violation shall constitute a separate additional violation. This provision is in addition to all other remedies to which the Town may be entitled as a result of a violation of this chapter.
(3) 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks, or sites in violation of this chapter, the proper local authorities of the town, in addition to other remedies, may institute such appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, 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 premises, and, upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board, or body of the Town is authorized to do.
E. 
Nonapplicability. This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
A. 
Building Department fees. Fees under this chapter shall be set pursuant to Chapter 95, Fees, and shall be paid at the office of the Building Inspector upon the filing of an application.
B. 
Professional fees; intent. The intent of this section is to reimburse the Town of Mamakating for all expenses incurred in connection with the review of applications made to the Building Inspector, Planning Board or the Zoning Board of Appeals. Both the Planning Board and Zoning Board of Appeals and the Town Building Department of the Town of Mamakating are hereby empowered to charge an applicant the expense for professional fees incurred by either of said Boards or Building Department for professional fees which are incurred as a result of professional work required to be done on behalf of either of said Boards or Building Department as a result of the filing of an application seeking approval by it.
C. 
Professional services. Such professional services shall include, but not be limited to, architects, attorneys, engineers, planning consultants, and traffic consultants for services rendered in connection with the above.
D. 
The professional involved, who will be hired at the request of either of the above said Boards or Building Department, will submit a statement setting forth the nature of services performed, the date such services were rendered, the time spent thereon (if such services are rendered in a timed basis) and the name of the party rendering such services. A voucher or other bill rendered to the Town and paid by the Town shall be deemed a fee statement in full compliance with this section.
E. 
Payment of the fee by the applicant shall be a prerequisite for approval of the application but shall be paid regardless of whether approval is granted or not. If the relief sought by the applicant is granted but the fee(s) is not paid, the issuing authority can revoke its action ex parte and afterwards notify the applicant for the same of said revocation and that the relief sought will not be regranted until the fees are paid.
F. 
If payment is by check, payment is not to be considered final until the check clears the bank of the drawer.
G. 
Disputed fees. Any applicant who disputes any fee statement presented to him may bring a proceeding in the Supreme Court of the State of New York, in and for the County of Sullivan, pursuant to Article 78 of the Civil Practice Law and Rules of New York, within 30 days after presentation of such disputed fee statement. The commencement of such a proceeding shall not stay the obligation of the applicant to pay any fee statement presented to him pursuant to this chapter.
H. 
Failure to reimburse fees. Any fee statement imposed by this section which remains unpaid at the time the Town certifies its annual tax roll shall become a lien upon the premises for which the application was made. Such unreimbursed fees shall thereupon be levied against said premises, as if a tax on real property, and in addition to all other taxes, fees, rents, or charges which would otherwise be so levied. In the event the affected premises comprise more than one tax lot, the Town Treasurer shall distribute such levy equally among such tax lots without regard to assessed value or any other factor.