[Amended 7-3-2008]
No person, firm or corporation shall commence
the erection, construction, enlargement, lateration, removal, improvement,
demolition, conversion or change in the nature of occupancy of any
building or structure or cause the same to be done without first obtaining
a separate building permit from the Building Department for each such
building or structure, except that no building permit shall be required
for the performance of ordinary repairs which are not structural in
nature.
A.
In instances where the building exists, the site is
in conformity with a previously approved site plan (as determined
by the Building Inspector in coordination with the Director of Planning)
and a change of occupancy is occurring without structural changes
to the building, the following procedures shall be followed:
(1)
If the new use is of the same type and intensity (i.e.,
office to office, sit-down restaurant to sit-down restaurant, etc.),
no Planning Board action will be required prior to the issuance of
a building permit and/or certificate of occupancy or tenancy. When
issuing the building permit and/or certificate of occupancy or tenancy,
the Building Inspector shall provide the owner with a copy of the
approved site plan for that location and obtain a signed receipt for
same from the owner and/or his agent.
(2)
If the new use is not of the same type and intensity
(i.e., office to retail, sit-down restaurant to fast-food restaurant,
etc.), the new owner shall, if required by the Director of Planning,
appear before the Planning Department to arrange to appear before
the Planning Board to determine if a revised site plan approval will
be required prior to the issuance of a building permit and/or certificate
of occupancy or tenancy.
B.
In instances where the building exists, the site is
not in conformity with a previously approved site plan and a change
of occupancy is occurring without exterior structural changes to the
building, a revised site plan approval shall be required prior to
the issuance of a building permit and/or certificate of occupancy.
C.
In instances where the building exists, a change of
occupancy is occurring and exterior structural changes will be made
to the building, a revised site plan approval shall be required prior
to the issuance of a building permit and/or certificate of occupancy.
D.
In instances where the building exists, no change
of occupancy is occurring and structural changes will be made to the
building, the new occupant shall appear before the Planning Board
to determine if a revised site plan approval will be required prior
to the issuance of a building permit and/or certificate of occupancy.
E.
Site plan approval will be required for applications
normally approved by the Building Inspector but where the Building
Inspector has determined that, due to the nature of the action, the
application requires review and approval by the Planning Board.
A.
Application for a building permit shall be made to
the Building Department on forms provided by the Building Department
and shall contain the following:
(1)
A description of the land on which the proposed work
is to be done (a site plan).
(2)
The valuation of the proposed work.
(3)
The full name and address of the owner and of the
applicant and the names and addresses of their responsible officers
if any are corporations.
(4)
Certificate of insurance.
(6)
Driveway permit.
(7)
An individual septic design, signed and stamped by
a licensed New York State professional engineer, including:
[Added 10-3-1996]
(a)
Location and boring log, for test pit in vicinity
of the proposed system (one test pit of a minimum depth of six feet
required for all systems), as well as percolation test results and
location.
(b)
Design calculations, including the following:
[1]
Number of bedrooms.
[2]
Size of septic tank.
[3]
Percolation test results.
[4]
Application rate.
[5]
Length of required trenches.
[6]
Depth of fill (if required).
[7]
Dosing requirements (if required).
[8]
Probe settings (if required).
[9]
Pump requirements (if required).
[10]
Pump specifications (if required).
(c)
Location of well.
(d)
Location of any streams, lakes, watercourses,
neighboring wells, wetlands, property lines, appropriate setback requirements
and structures.
(e)
Detailed layout of proposed system showing septic
tank, distribution box, leach lines (including all sizes, specifications
and dimensions) and a section through the system. The minimum distance
separation between the bottom of an individual sewerage disposal system
and the seasonal high groundwater, bedrock or impervious layer shall
be increased from two feet to four feet for new construction.
[Amended 2-7-2013]
(f)
Typical details including septic tank, distribution
box, absorption trench, etc.
(g)
Material specifications for pipe, septic tank,
distribution box, stone, perforated pipe, barrier material over trenches,
etc.
(h)
Any of these requirements may be waived by the
Building Inspector for the replacement of an existing septic system.
(8)
Certification of seasonal high groundwater elevation
by a licensed professional (P.E. or P.L.S.) indicating: The basement
or slab elevation for all buildings is required to be a minimum of
three feet above the seasonal high groundwater table elevation. All
buildings constructed with a basement or slab elevation between three
to five feet above the seasonal high groundwater table elevation shall
be equipped with sump pumps which discharge to a closed drainage system
or an adequate outfall as approved by the licensed professional and
the Building Inspector of the Town of Wilton. When discharging to
storm structures, connection shall be made by core-drilling hole and
using rubber boot assembly, when possible. An engineered curtain perimeter-drain
system offset from foundation, designed and stamped/signed/inspected/certified
by a P.E. will be allowed to lower the groundwater elevation in the
vicinity of the house to meet the three-foot separation requirement.
[Added 12-6-2001; amended 7-2-2002; 3-6-2003; 6-7-2007; 2-7-2013]
(9)
Well tests for individual lots, including water flow
and coliform bacteria testing, per New York State Department of Health
standards.
[Added 7-2-2002[1]; amended 3-6-2003]
[1]
Editor's Note: This ordinance also renumbered
former Subsection A(9) as A(10) The ordinance adopted 3-6-2003 also
provided for this renumbering.
(10)
Such other information as may reasonably be required
by the Building Department to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations, including the New York State Uniform Fire Prevention
and Building Code.
B.
Applications shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
C.
All applications must be accompanied by a copy of
the deed for the proposed work location.
D.
Plans and specifications. Each application for a building
permit shall be accompanied by duplicate copies of plans and specifications,
including a site plan drawn to scale, showing the location and size
of all proposed new construction and all existing structures on the
site, the nature and character of the work to be performed and the
materials to be incorporated, distance from lot lines and, where required
by the Building Inspector, details of structural, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data. Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
E.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of the application and upon receipt
of the legal permit fees therefor, he shall issue a building permit
to the applicant upon the form prescribed by him and shall affix his
signature or cause his signature to be affixed thereto.
C.
Upon approval of the application, one set of reviewed
plans shall be retained in the files of the Building Department, and
the applicant shall keep one set at the building site open to inspection
by the Building Inspector or his authorized representative at all
reasonable times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon request
of the applicant, the Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
Where any law, ordinance, rule or regulation
requires approval of any governmental agency before construction of
any work, the applicant shall provide proof of compliance with such
law, ordinance, rule or regulation before a building permit shall
be issued.
Upon issuance of the building permit, there
shall be paid such fees as may be established from time to time by
resolution of the Town Board.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
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 the provisions
of an 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 persons
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
a copy of the same by certified mail to the applicant or owner.
Any employee of the Building Department, upon
the showing of proper credentials and in the discharge of his duties,
may enter upon any building, structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
A.
New construction. No building hereafter erected shall
be used or occupied in whole or in part until a certificate of occupancy
shall have been issued by the Building Inspector.
B.
Alterations. No building hereafter enlarged, extended
or altered or upon which work has been performed which required the
issuance of a building permit shall continue to be occupied or used
for more than 30 days after the completion of the alteration or work
unless a certificate of occupancy shall have been issued by the Building
Inspector.
C.
Change of use. No change shall be made in the use
or type of occupancy of an existing building unless a certificate
of occupancy or a certificate of compliance has been issued by the
Building Inspector.
D.
The owner or his agent shall make application for
a certificate of occupancy. Prior to issuance, the following items
must be on file with the Town of Wilton Building Department:
(1)
For commercial applications:
(a)
Truss certificate.
(b)
Water test results: quality and quantity.
(c)
Written certification, by a Licensed Professional
Engineer, that the septic system has been installed as per the design
and meets the requirements of the Town of Wilton and the New York
State Department of Health Appendix 75-A.9 (if applicable).
[Amended 10-3-1996]
(d)
Stamped as-built plans for building.
(e)
Stamped as-built site plan with certification
that the site substantially complies with the approved site plan.
(f)
List all interior finishes with certification.
(g)
Final electrical inspection sticker.
(h)
Such other information and/or certification
deemed necessary by the Building Inspector to establish compliance
of work performed.
(2)
For residential applications:
(a)
Truss certificate.
(b)
Water test results: quality and quantity.
(c)
Written certification, by a Licensed Professional
Engineer, that the septic system has been installed as per the design
and meets the requirements of the Town of Wilton and the New York
State Department of Health Appendix 75-A.9 (if applicable).
[Amended 10-3-1996]
(d)
Manufacturers installation manual for woodstove,
insert and/or factory-built fireplace (if applicable).
(e)
Written certification by the installer certifying
the installation of the chimney, fireplace, factory-built fireplace,
insert and/or woodstove.
(f)
Stamped plot plan.
(g)
Final electrical inspection sticker.
A.
Required. Before issuing a certificate of occupancy,
the Building Inspector shall examine or cause to be examined all building,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use or occupancy, and he may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which the building permit has been issued.
B.
Record of inspection. There shall be maintained in
the Building Department a record of all such examinations and inspections,
together with a record of findings of violations of the law.
When, after final inspection, it is found that
the proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable regulations. The certificate
shall state the use or uses to which the building or structure or
each of its several parts may be put.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of this code or other applicable building laws,
ordinances, rules or regulations, the Building Inspector may require
the same to be subjected to tests in order to furnish proof of such
compliance.
