No building or structure in any district shall be erected, structurally altered or moved, nor shall any site preparation be commenced, nor shall any activities be controlled by Chapter
83, Clearing and Grading (including grading or clearing of trees or brush from 10,000 square feet or more of the area of a parcel or any filling or excavating of 400 cubic feet or more or timber harvesting), without a building permit duly issued upon application to the Building and Code Enforcement Officer. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of this chapter shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A. Fee and plot plan. Every application for a building permit shall be accompanied by a fee as prescribed by Chapter
104, Fees, of the Town of Newburgh Municipal Code and by a plot plan drawn to scale showing:
(1) The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated, if an existing building.
(2) The exact size and locations on the lot of the proposed
building or buildings or alterations of any existing building and
of other existing buildings on the same lot.
(3) The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(4) The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building or buildings are designed to accommodate.
(5) Such topographic and other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
B. Planning Board approval. No building permit shall be issued for any building where the site plan for such building is subject to approval by the Planning Board except in conformity with the plans approved by said Board in accordance with Article
IX of this chapter.
C. Filing of application. The application and all supporting
documentation shall be made in triplicate. On the issuance of a building
permit, the Building and Code Enforcement Officer shall return one
copy of all documents filed to the applicant.
D. Time limitation on issuance or denial. The Building
and Code Enforcement Officer shall, within 20 working days after the
filing of a complete and properly prepared application, either issue
or deny a building permit. If a building permit is denied, the Building
and Code Enforcement Officer shall state in writing the reasons for
such denial. For purposes of this section, “working days”
shall mean weekdays other than holidays and days when the issuing
department is closed due to an emergency or for other reasons.
[Added 6-20-2005 by L.L. No. 10-2005]
E. Expiration or extension of permits. Every building
permit shall expire if the work authorized has not commenced within
six months after the date of issuance or has not been completed within
18 months from such date. If no zoning amendments or other Town regulations
affecting the subject property have been enacted in the interim, the
Building and Code Enforcement Officer may authorize, in writing, the
extension of either above period an additional six months, following
which no further work is to be undertaken without a new building permit.
[Added 7-20-2009 by L.L. No. 9-2009]
A violation of any condition of a permit, certificate, approval,
variance, site plan, special exception, special use permit, or other
authorization granted or issued by any board or Town department in
the exercise of its jurisdiction pursuant to this chapter shall be
considered a violation of this chapter, and subject to the enforcement
and penalties provisions established herein.