Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Colden 8-14-1980. Section 28-3B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
Building construction — See Ch. 26.
Unsafe buildings — See Ch. 31.
Environmental quality review — See Ch. 43.
Fire prevention — See Ch. 48.
Zoning — See Ch. 108.
[1]
Editor's Note: This chapter was originally adopted 8-14-1980 as Section 9 of the Zoning Ordinance. For zoning provisions, see Ch. 108, Zoning.
There is hereby designated in the Town of Colden a public official to be known as the Building Inspector and Enforcement Officer, who shall be appointed by the Town Board at a compensation to be fixed by the Town Board.
The Town Board may appoint a Deputy Building Inspector as the need may appear, at a compensation to be fixed by the Town Board.
A. 
Building Inspector.
(1) 
Except as otherwise specifically provided by laws, ordinances or regulations, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
(2) 
He shall receive applications and issue permits for the erection, alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
(3) 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties.
(4) 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
B. 
Enforcement Officer. As Enforcement Officer, he shall enforce all rules, regulations, ordinances and local laws of the Town of Colden.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records.
A. 
No building or structure shall be erected, added to, structurally altered or changed in use or occupancy until a permit therefor has been issued by the Building Inspector. All applications for such permits shall be in accordance with the requirements of the State Building Code and with all pertinent health laws and regulations, including the Erie County Sanitary Code. Such applications shall be made, in triplicate, on appropriate forms designated by the town.
B. 
Application for a building permit shall be made on forms provided by the Building Inspector and shall contain the following information:
(1) 
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.
(2) 
A brief description of the nature of the proposed work.
(3) 
A description of the land on which the proposed work is to be done.
(4) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(5) 
The valuation of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
C. 
Applications shall be made by the owner or the lessee, or agent of either, or by the architect, engineer or building 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.
D. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot 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, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, 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 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, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept 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 describe 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 plan and specifications to the applicant.
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
A. 
Upon the filing of an application for a building permit, the following fees shall be payable:
[Amended 10-4-1990 by L.L. No. 4-1990; 9-14-1995 by L.L. No. 3-1995; 11-6-1997 by L.L. No. 8-1997; 5-9-2002 by L.L. No. 1-2002]
Type
Fee
Single-family dwelling
Under 2,000 square feet
$150.00
Over 2,001 square feet
$250.00
2-family dwelling, total building
Under 2,000 square feet
$200.00
Over 2,001 square feet
$300.00
Multiple dwellings
First 3 units
$250.00
Each additional unit
$50.00
Accessory structures (detached garages, storage buildings, tool sheds, barns, etc.)
Under 120 square feet
$15.00
121 to 250 square feet
$25.00
251 to 1,000 square feet
$50.00
Over 1,001 square feet
$10.00 each additional 1,000 square feet
Additions to residence
Up to 750 square feet
$50.00
751 square feet and up
$100.00
Additions to business/commercial
Up to 500 square feet
$50.00
501 to 1,000 square feet
$100.00
Greenhouse
Minimum to 1,000 square feet
As accessory structure
Greater than 1,001 square feet
As commercial structure
Business/commercial and industrial structures up to 1,000 square feet
$200.00
Each additional 1,000 square feet or part thereof
Up to 10,000 square feet
$50.00
Over 10,000 square feet
$10.00
Swimming pools (per NYS definitions)
Aboveground
$15.00
Inground
$30.00
Porches (with roof)
$25.00
Decks
$15.00
Fireplaces
$25.00
Stoves
$15.00
Satellite dish antennas
$15.00
Demolition (if assessed)
Requires permit but no fee
Certificate of occupancy
$25.00
Building permit renewal
For 1 more year
$25.00
Signs (as permitted by § 108-32)
$20.00
Public hearing
Telecommunications facilities
$25.00
Special use permit preapplication
$50.00
Special use permit completion
$150.00
Tower special use permit
$3,000.00
Building permit
$20.00 per linear foot measured from grade to uppermost part
Collocation application
$1,000.00
Collocation building permit
$1,000.00
Local business bands with towers over 35 feet
$1.00 per linear foot measured from grade to uppermost part
Ham radio (per tower)
$40.00
Windmills (residential)
$40.00
NOTE: If any person erects, adds to, structurally alters or changes the use or occupancy or commences to erect, add to, structurally alter or change the use or occupancy of a building or structure within the Town of Colden without first having obtained a building permit as required by § 26-2 of the Code, the fee and penalty required by this schedule shall be twice the applicable amount. Any fee and penalty charged pursuant to this schedule shall be in addition to any other remedy provided by law.
NOTE: Square footage shall include the habitable area on all floors and shall include an attached garage and shall be based upon the outside dimensions of the building.
B. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.
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 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 a copy of the same by registered mail.
The Building Inspector or Deputy Building Inspector, 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. 
No use or occupancy of land shall be hereafter established and no building hereafter erected, altered or extended, shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of the State Building Code. The certificate of occupancy specified in this subdivision shall not be issued until approval has been granted, in writing, by the Erie County Department of Health.
B. 
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. 
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.