Town of Dover, NY Administration and Enforcement

A building permit shall be required for the erection, construction, enlargement, alteration, replacement, or removal of any building or structure.

No building permit shall be required for any alteration of or ordinary repair to an existing building or structure which is not structural in nature and which is not intended to or does not provide for a new or extended use of the building, structure or premises.

In the case of emergency action to deal with damage from fire or other casualty, the applicant may commence construction required to stabilize a structure without a building permit. In order to protect the safety of persons entering such a structure to stabilize it, a permit shall be applied for as soon as possible and in no event more than one week following such fire or casualty.

Zoning permit. A zoning permit shall be required for the conversion or change in use of any existing building, structure, or parcel of land where no new construction is involved, except that no permit is required for a change of use to a use permitted by right as provided in § 145-10F.

Application for building or zoning permit. All applications for a building or zoning permit shall be made on prescribed forms and shall contain the following information:

Land. A description of the land on which the proposed use or construction will occur.

Use and occupancy. A statement of the existing and proposed use of all parts of the land and the location, character and existing and proposed use of any existing or proposed buildings or structures, including the number of floors, entrances, rooms, type of construction and the kind and extent of any exterior horizontal extension proposed toward any boundary or street line of the lot.

Identity of owner and applicant. The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations.

Description of work or changes in use. A brief description of the nature of the proposed work or change in use.

Valuation of work. The valuation of the proposed construction work, if any.

Plans and specifications.

Each application for a building or zoning permit shall be accompanied by two copies of plans and specifications, including a map, survey (if applicable), and site development or plot plan, drawn to scale, showing the courses, dimensions and detail of all the boundary lines of the proposed lot of occupancy and the street boundaries adjacent thereto, if any, and the location and size of any proposed new construction and all existing buildings, structures, parking areas, traffic access and circulation drives, open spaces and landscaping on the site, the nature and character of any work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks, and alleys, and such additional information as may be required by the Code Enforcement Officer to determine compliance with the provisions of this chapter.

Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by the Education Law or any other applicable statutes, laws, rules or regulations of the State of New York, the seal of a licensed architect or a licensed professional engineer.

The Code Enforcement Officer may waive one or more of the requirements of this Subsection C for minor alterations, as defined in the New York State Uniform Fire Prevention and Building Code.

(7)

Additional information. Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance of the proposed work or change in use with the requirements of this chapter.

Action upon application.

The Code Enforcement Officer shall promptly review the application and approve or deny it, giving the reason for any denial. A copy of the approved or disapproved application shall be delivered or mailed to the applicant forthwith.

An application with the approval of the Code Enforcement Officer endorsed thereon shall constitute the building permit or zoning permit, which shall become effective when the Code Enforcement Officer has filed written approval of the permit application in the office of the Town Clerk.

Invalid approval. No building or zoning permit shall be valid unless it complies with all provisions of this chapter. Any application approved or acted upon in violation of this chapter shall be void.

Termination of building or zoning permit. An approved building or zoning permit shall terminate and become void if there is no construction or commencement of the new use within 12 months of the date of approval.

§ 145-55 Steps to obtain permits.

The steps to obtain necessary permits to erect, occupy, or change the use of a permitted structure or lot are as follows:

Any person intending to undertake new construction, structural alteration, or change in the use of a building or lot shall apply to the Code Enforcement Officer for a building permit or zoning permit by submitting the appropriate application form and paying the required fee. For rules governing changes of use, see § 145-10F.

The Code Enforcement Officer shall grant or deny the permit as provided in § 145-54 or refer the application to the Planning Board (or Town Board if appropriate) if a special permit and/or site plan approval is required.

If a building or zoning permit is issued, the applicant may proceed to undertake the action permitted. Upon completion of any construction, the applicant shall apply to the Code Enforcement Officer for a certificate of occupancy (for building permits only).

If the Code Enforcement Officer finds that the applicant's action has been taken in accordance with the building permit, the Code Enforcement Officer shall issue a certificate of occupancy as provided in § 145-56, allowing the structure to be occupied.

If the Code Enforcement Officer denies a building or zoning permit and does not the refer the application to the Planning Board or Town Board, the applicant may appeal to the Zoning Board of Appeals.

§ 145-56 Certificates of occupancy.

No building or structure hereafter erected, constructed, enlarged, altered, or moved and no enlarged, extended, altered, or relocated portion of an existing building or structure shall be occupied or used until a certificate of occupancy has been issued by the Code Enforcement Officer in accordance with the provisions of Chapter 47 of the Town Code, this chapter, and any other applicable laws and regulations.

Temporary certificate of occupancy.

[Amended 10-12-2016 by L.L. No. 1-2016]

A temporary certificate of occupancy may be issued if the building and structure or a designated portion of a building or structure is sufficiently complete so that it may be safely put to use for which it is intended. A temporary certificate of occupancy shall expire 30 days from the date of issuance or at an earlier date if specified thereon. A temporary certificate of occupancy may, at the discretion of the code official, be renewed for a maximum of six renewals.

A temporary certificate of occupancy cannot be issued on a parcel with the following conditions: if a building permit was not issued, occupancy has changed, and the property is currently under review by the Planning Board or Zoning Board of Appeals.

A temporary certificate of occupancy may be revoked at any time if the occupant is utilizing the structure for purposes other than was initially permitted.

Occupants must demonstrate a hardship to apply for a temporary certificate of occupancy. Examples include, but are not limited to, weather, labor disputes and strikes, unavailability of materials and design or architectural as-built drawing delays.

Fees shall be based on a commercial or residential application:

A commercial temporary certificate of occupancy will be determined based upon the work not completed; the percentage of work not completed will be determined by the code official. Commercial minimum fee will be $150 plus the fee based upon work not completed. This minimum fee will be doubled each month that the temporary certificate of occupancy is issued for a maximum of six months.

A residential temporary certificate of occupancy fee will be based upon work not completed; the percentage of work not completed will be determined by the code official. Residential minimum fee will be $75 plus the fee based upon work not completed. This minimum fee will be doubled each month that the temporary certificate of occupancy is issued for a maximum of six months.

This applicant for a temporary certificate of occupancy shall deposit with the chief fiscal official a performance bond in sufficient amount and duration to secure the completion of the site plan as approved. The amount of the bond shall be determined by the Town Engineer.

Issuance of certificate of occupancy.

The Code Enforcement Officer shall examine the location of any new structures or improvements to existing structures and shall determine whether or not such new structures or improvements comply with the setback and other requirements of this chapter, including the terms and conditions of any site plan approval, special permit, variance, subdivision approval, or conservation easement granted. The Code Enforcement Officer shall maintain complete records of the dates of inspections conducted hereunder, the names of all persons attending such inspections, the extent of completion of the work on each date, and any other observations relevant to determining compliance with this chapter.

After work has been completed, inspected, and found to be in full compliance with the building permit, the Code Enforcement Officer shall issue a certificate of occupancy.

Effective date of certificate of occupancy. A certificate of occupancy shall become effective upon filing in the office of the Town Clerk, together with the building permit and all previous applications and approvals granted.

Failure to complete construction. Any structure for which a building permit has been issued which remains partially complete with no substantial progress over a twelve-month period shall be considered a violation of this chapter to be remedied pursuant to § 145-57.

§ 145-57 Violations and enforcement; penalties for offenses.

Inspection. In order to determine compliance with this chapter, the Code Enforcement Officer is authorized, to the extent permitted by law, to enter, inspect, and examine any building, structure, place, premises, or use in the Town of Dover.

Notice of violation.

Upon finding any new construction, improvements, or uses to be in violation of this chapter, the Code Enforcement Officer shall transmit a written notice of violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the alleged violation, with a copy to the Town Board. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within a reasonable time limit set by the Code Enforcement Officer. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the town.

If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, the notation "Violation Corrected" shall be made on the Code Enforcement Officer's copy of the notice.

If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, the Code Enforcement Officer shall take action in accordance with Subsection C of this section.

A permanent record of all notices of violation and their disposition shall be kept in the offices of the Code Enforcement Officer.

Abatement of violations. The Code Enforcement Officer or the Town Board may issue a stop-work or cease and desist order and/or institute an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business, or use that violates this chapter. Such legal action may include the issuance of an appearance ticket pursuant to the Criminal Procedure Law, § 150.20.

Penalties.

A violation of this chapter is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.

In addition, any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $100. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.

The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C. The expenses of the town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.

Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a signed written complaint reporting such violation to the Code Enforcement Officer. The Code Enforcement Officer may also investigate any oral complaint made to his/her office. All complaints, written or oral, shall be properly recorded, filed, and promptly investigated by the Code Enforcement Officer and reported to the Town Board.

Taxpayer action. Upon the failure or refusal of the Code Enforcement Officer or Town Board to institute an appropriate legal action or proceeding for a period of 10 days after written request by a resident taxpayer of the town to do so, any three taxpayers of the town residing in the district in which such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in the same manner as the Code Enforcement Officer or Town Board.

Accountability. For every violation of the provisions of this chapter, the owner, agent, contractor, lessee, ground lessee, tenant, licensee, or any other person who commits, takes part, or assists in such violation or who maintains any structures or premises in which any such violation exists shall be punishable according to the provisions of this chapter.

Existing violations. No application shall be received nor shall any application, if received, be reviewed or be granted for any variance, zoning change, special use permit, site plan, subdivision, building permit, license, certificate of occupancy or any other change set forth in this chapter if there are any existing violations of this chapter for the lot or lots contained in said application, unless said application is required by the Building Inspector, Town Attorney, or the reviewing agency in settlement of the outstanding violation.

[Added 9-27-2006 by L.L. No. 3-2006]

§ 145-58 Escrow deposits.

[Amended 4-3-2002 by L.L. No. 1-2002]

Escrow deposits.

In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, variance, or other appeal, the reviewing board may require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Town of reviewing the particular type of application before it. The reviewing board may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications. The reviewing board may also consider the Town's survey of professional review expenses in determining the initial sum of money to be deposited in an escrow account by an applicant.

Use of funds.

Said sum of money shall be used to cover the reasonable and necessary costs of reviewing an application. Costs may include staff costs or consultant fees for planning, engineering, legal, and other professional and technical services required for the proper and thorough review of an application. The reviews governed by this section shall include all environmental review pursuant to law including review of the proposed action under the State Environmental Quality Review Act (SEQR).

The review expenses provided for herein are in addition to application or administrative fees required pursuant to other sections of the Dover Town Code. Monies deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses.

Fees charged strictly as a result of a SEQR review shall in no event exceed the maximum amounts that can be charged pursuant to the SEQR regulations by the lead agency.

Upon receipt of monies requested for an escrow account, the Town Supervisor shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies deposited and the name of the applicant and project for which such sums were deposited.

Upon receipt and approval by the Town Board of itemized vouchers from consultants for services rendered on behalf of the Town regarding a particular application, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited, and shall debit the separate record of such account accordingly, The consultant shall make copies of such vouchers available to the applicant at the same time the vouchers are submitted to the Town.

Review of vouchers; payment.

The Town Board shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Town for services performed in connection with the review of a similar application. In auditing the vouchers, the Town Board may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the Town Board may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town, and protect public or private property from damage.

In no event shall an applicant make direct payment to any Town consultant.

If at any time during the processing of an application there shall be insufficient monies on hand to the credit of an applicant to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board that such monies will be insufficient to meet vouchers yet to be submitted, the reviewing board shall cause the applicant to deposit additional sums as the board deems necessary or advisable in order to meet such expenses or anticipated expenses.

In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy may be withheld or suspended by the reviewing board, officer or employee of the Town until such monies are deposited.

Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Town have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within sixty days after the applicant's request.

§ 145-59 Zoning Board of Appeals.

Pursuant to the provisions of § 267 of the Town Law, there is hereby established a Zoning Board of Appeals consisting of five members appointed by the Town Board. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and this chapter in connection with appeals to review any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this chapter, generally the Code Enforcement Officer. An appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the town.

Appeals of orders, requirements, decisions, interpretations or determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation, or determination appealed from and shall make such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter. In so doing, the Zoning Board of Appeals shall have all the powers of the administrative official from whose order, requirement, decision, interpretation, or determination the appeal is taken.

Appeals for variance.

Where there are practical difficulties or unnecessary hardships imposed by the strict letter of this chapter, the Zoning Board of Appeals shall have the power, upon appeal from a determination by the Code Enforcement Officer and after public notice and hearing, to vary or modify the application of any of the provisions of this chapter relating to the use, construction, or alteration of structures or the use of land, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done.

All applications for variances shall be submitted to the Code Enforcement Officer at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by six copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot. An application for a use variance may require submission of an agricultural data statement pursuant to § 145-37C.

Any variance which is not exercised by application for a zoning permit or by otherwise commencing the use within one year of the date of issuance shall automatically lapse.

Use variances.

The Zoning Board of Appeals, on appeal from a decision or determination of the Code Enforcement Officer, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed by this chapter.

No use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship to the applicant.

In order to prove unnecessary hardship, the applicant shall demonstrate that for each and every permitted use under this chapter for the district in which the applicant's property is located:

[1]

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[2]

The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

[3]

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[4]

The alleged hardship has not been self-created.

Failure to demonstrate any one of the foregoing {Subsection C(2)(a)[1] through [4] above} is sufficient to justify the denial of a use variance.

The Zoning Board of Appeals shall consider any agricultural data statement submitted pursuant to § 145-37C.

The Zoning Board of Appeals, in granting use variances, shall grant the minimum variance that it deems necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

In addition to the grounds for granting a use variance in Subsection C(2) above, a use variance may also be granted if the applicant can prove, by competent financial evidence, deprivation of all economically beneficial use of the property. In such a case, the Zoning Board of Appeals shall grant only the minimum variance necessary to allow an economically beneficial use.

If the use variance is granted for a nonresidential use, the applicant shall obtain site plan approval from the Planning Board prior to commencing the use or obtaining a building permit or zoning permit.

Area variances.

The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer, to grant area variances from the area or dimensional requirements.

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community of such grant. In making its determination the Board shall also consider:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial;

(d)

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(e)

Whether the alleged difficulty was self-created, which shall be relevant to the decision of the Board but which shall not necessarily preclude the granting of the area variance.

The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it deems necessary and adequate while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community.

Imposition of conditions. The Zoning Board of Appeals shall, in granting use variances and area variances, impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact the variance may have on the neighborhood or community.

Procedures.

Application. Appeals shall be taken by filing a written notice of appeal and any required plans with the Code Enforcement Officer and the Zoning Board of Appeals within 60 days after the filing of the order, requirement, decision, interpretation, or determination that is being appealed, on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or for the reversal of an order, requirement, decision, or determination of an administrative official. The Code Enforcement Officer shall forthwith transmit all the papers constituting the record of the appeal to the Zoning Board of Appeals.

Referral to County Planning Board.

Requests for variances that require referral to the County Planning Board shall be so referred pursuant to the General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.

No action shall be taken on variances referred to the County Planning Board until its recommendation has been received or 30 days have elapsed after its receipt of the full statement of the proposed variance, unless the county and town agree to an extension beyond the thirty-day requirement for the County Planning Board's review.

County disapproval. A majority-plus-one vote shall be required to approve any variance which receives a recommendation of disapproval from the County Planning Board because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.

Hearing and public notice.

If an agricultural data statement has been submitted, the Secretary of the Zoning Board of Appeals shall, upon receipt of the variance application, mail written notice of the application to the owners of land as identified by the appellant in the agricultural data statement. Such notice shall include a description of the proposed variance and its location. The cost of mailing the notice shall be borne by the appellant.

The Zoning Board of Appeals shall set a reasonable time after receipt of a complete application for the hearing of appeals.

The Secretary of the Zoning Board of Appeals shall refer all applications for use variances to the Planning Board for a report prior to the public hearing. If the Planning Board does not report within 30 days of such referral, the Zoning Board of Appeals may take action without the Planning Board's report.

At least five days prior to the date of the hearing of appeals, the Zoning Board of Appeals shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to the Planning Board and to contiguous property owners.

At the hearing, any party may appear in person or by agent or by attorney.

The Zoning Board of Appeals may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal.

Action. The Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse, affirm, or modify, wholly or in part, the order, requirement, decision, interpretation or determination of the administrative official in accordance with the provisions of this chapter.

Any such action shall be decided within 62 days after the close of the hearing.