[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 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.