A.
General sequence of steps. All persons desiring to
undertake any new construction, structural alteration or changes in
the use of a building or lot shall apply to the Code Enforcement Officer
for a building permit by filling out the appropriate application form
and by submitting the required fee. The Code Enforcement Officer will
then either issue or refuse the building permit or refer the application
to the Board of Appeals. After the building permit has been received
by the applicant, he/she may proceed to undertake the action permitted
in the building permit and, upon completion of such action, shall
apply to the Code Enforcement Officer for a certificate of occupancy.
If the Code Enforcement Officer finds that the action of the applicant
has been taken in accordance with the building permit, he/she will
then issue a certificate of occupancy allowing the premises to be
occupied.
B.
Building permit types. Under the terms of this chapter,
the following classes of building permits may be issued:
(1)
Permitted use. A building permit for a permitted use
may be issued by the Code Enforcement Officer on his own authority.
(2)
Special uses. A building permit for a special use
may be issued by the Code Enforcement Officer after review by the
Planning Board and upon the order of the Board of Appeals.
(3)
Building permit after an appeal or a request for a
variance. A building permit may be issued by the Code Enforcement
Officer upon the order of the Board of Appeals and after a public
hearing held by the Board of Appeals for the purpose of deciding upon
the appeal or a request for a variance.
[Amended 11-7-1988 by L.L. No. 6-1988]
No building or structure shall be erected, enlarged,
structurally altered or moved until a building permit therefor has
been issued by the Code Enforcement Officer, and no alterations to
an existing building shall be made without a building permit, unless
such alterations shall cost less than $10,000; not materially affect
structural features; not affect fire-safety features such as smoke
detectors, sprinklers, required fire separations and exits; not involve
the installation or extension of electrical systems; and not include
the installation of solid-fuel-burning heating appliances and associated
chimneys for flues. No building permit or certificate of occupancy
shall be issued for any building where said construction, addition,
alteration, moving or use thereof would be in violation of any of
the provisions of this Zoning Chapter or where any necessary Town
Planning Board subdivision approval has not been granted. No zoning
permit shall be issued by the Code Enforcement Officer except in conformity
with the provisions of this chapter, unless he/she receives a written
order from the Board of Appeals and/or Planning Board in the form
of an administrative review, special use permit or variance as provided
by this chapter.
There shall be submitted with all applications
for building permits two copies of a layout or plot plan drawn to
scale showing the actual dimensions of the lot to be built upon, the
exact size and location on the lot of the building and accessory buildings
to be erected and such other information as may be necessary to determine
and provide for the enforcement of this chapter.
[Amended 10-3-1994 by L.L. No. 2-1994]
One copy of such layout or plot plan shall be returned, when approved by the Code Enforcement Officer, together with such permit to the applicant upon the payment of a fee as set forth in Chapter A157, Fees. The second copy with a copy of each application with accompanying plan shall become a public record after a permit is issued or denied.
All water supply and sewage disposal installations
shall conform with the New York State Department of Health regulations.
No plot plan shall be approved by the Code Enforcement Officer in
any zone unless such conformity is certified on the plan. Drainage
affecting adjacent properties shall be considered by the Code Enforcement
Officer before issuing a building permit, including possible runoffs
to said properties.
A.
Issuance.
(1)
It shall be the duty of the Code Enforcement Officer
to issue a building permit, provided that he/she is satisfied that
the structure, building, a sign, parking area of premises and the
proposed use thereof conform with the requirements of this chapter,
and that all other reviews and actions, if any, called for in this
chapter or other provisions of the Municipal Code 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 operation has been displayed as required by this chapter,
nor shall they perform building operations of any kind after notification
of the revocation of said building permit.
B.
Denial of permits. When the Code Enforcement Officer
is not satisfied that the applicant's proposed development will meet
the requirements of this chapter, he/she shall refuse to issue a building
permit, and the applicant may appeal to the Board of Appeals for a
reversal of the Code Enforcement Officer's decision.
A building permit shall expire after one year
if the applicant fails to implement his application as filed with
the Code Enforcement Officer.
[Amended 10-3-1994 by L.L. No. 2-1994]
If it shall appear, at any time, to the Code
Enforcement Officer that the application or accompanying plot is in
any material respect false or misleading, or the work being done upon
the premises differs materially from what is called for in the application
filed with him/her under the Municipal Code, existing laws or ordinances,
he/she 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 Code Enforcement Officer. After the building
permit has been revoked, the Code Enforcement Officer, in his discretion,
before issuing the new building permit may require the applicant to
file an indemnity bond in the favor of the Town of Phelps with sufficient
surety conditioned for compliance with this chapter, other provisions
of the Municipal Code and all building laws and ordinances then in
force and in a sum sufficient to cover the cost of removing the building
if it does not so comply.
All special use applications shall be accompanied
by plans and such other information as may be required in this chapter.
[Amended 11-7-1988 by L.L. No. 6-1988]
A.
No building erected subject to the New York State
Uniform Fire Prevention and Building Code and this chapter shall be
used or occupied until a certificate of occupancy has been issued.
No building enlarged, extended or altered or upon which work has been
performed which required the issuance of a building permit shall be
occupied unless a certificate of occupancy has been issued. No change
shall be made in the nature of the occupancy of an existing building
unless a certificate authorizing the change has been issued. The owner
or his agent shall make application for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance, but may be renewed an
indefinite number of times.
C.
No certificate of occupancy shall be issued except
upon an inspection which reveals no uncorrected deficiency or material
violation of the Uniform Code in the area intended for use and upon
payment of the appropriate fee.
A.
Referral from the Board of Appeals. The Board of Appeals
shall refer to the Planning Board all applications for special uses
and any other applications or appeals which, in its opinion, require
review by the Planning Board.
C.
Report to the Board of Appeals. The Planning Board
may approve, disapprove or approve subject to conditions or modifications
and shall report its findings to the Board of Appeals within 30 days
of receipt thereof; such report shall state all recommended conditions
and modifications and the reasons for such recommended approval or
disapproval.
[Amended 10-3-1994 by L.L. No. 2-1994]
