The Town Board shall provide for the services of a Building
Inspector/Code Enforcement Officer to simultaneously enforce the provisions
of this chapter and the Uniform Fire Prevention and Building Code
Enforcement Law.[1] Such Building Inspector/Code Enforcement Officer shall
examine all applications for permits, issue permits and/or certificates
of occupancy for construction and uses which are in accordance with
the requirements of this chapter, record and file all applications
for permits with accompanying plans and documents, and make such reports
as may be required. Permits requiring site plan review and special
use approval, however, shall only be issued with approval of the Town
of Wawayanda Planning Board. Likewise, permits requiring variances
of this chapter shall only be issued with approval of the Town of
Wawayanda Zoning Board of Appeals.
A.
No person shall construct, erect, alter, convert or use any building
or structure, or part thereof, nor change the use of any land, subsequent
to the adoption of this chapter, until a building permit and/or certificate
of occupancy has been issued by the Building Inspector. Applications
for such permits shall be made to the Building Inspector/Code Enforcement
Officer prior to any construction activity and/or change in the use
of land. The officer shall review such applications and act upon them
according to the requirements of this chapter, taking no action, however,
until the Planning Board and/or Zoning Board of Appeals has first
taken action, should the approval of either board be required. A building
permit shall authorize the applicant to proceed with construction
proposed.
B.
Prior to use of the structure or the change in use of the land, a
certificate of occupancy shall be required and shall be issued by
the officer, provided all construction has been in accord with the
building permit granted and/or the proposed use is in compliance with
this chapter. The Building Inspector/Code Enforcement Officer shall
be authorized to make such inspections as he deems necessary to ensure
that construction does, in fact, comply with this chapter.
C.
The Building Inspector/Code Enforcement Officer shall ensure that
all water supply and sewage disposal facilities proposed in connection
with any building permit or certificate of occupancy application shall
conform with New York State Department of Health guidelines.
D.
It shall be the duty of the Building Inspector/Code Enforcement Officer
to issue a building permit, provided that he is satisfied that the
structure, building, sign and the proposed use conform with all requirements
of this chapter, and that all other reviews and actions, if any, called
for in this chapter have been complied with and all necessary approvals
secured therefor.
E.
When the Building Inspector/Code Enforcement Officer is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit or certificate
of occupancy, as the case may be, and the applicant may appeal to
the Zoning Board of Appeals.
F.
A building permit or certificate of occupancy may be revoked by the
Building Inspector/Code Enforcement Officer upon a finding that information
provided in the application was inaccurate or invalid or that the
construction or use has proceeded in a manner not consistent with
the permit(s) granted.
G.
No change of use shall be made in any building, structure or premises
now or hereafter erected or altered that is not consistent with the
requirements of this chapter. Any person desiring to change the use
of his premises shall apply to the Building Inspector/Code Enforcement
Officer for a certificate of occupancy. No owner, tenant or other
person shall use or occupy any building or structure or premises thereafter
erected or altered, the use of which shall be changed after the passage
of this chapter, without first procuring a certificate of occupancy;
provided, however, that a certificate of occupancy, once granted,
shall continue in effect so long as there is no change of use, regardless
of change in tenants or occupants.
H.
Though compliance with the development and use standards of this
chapter will still be required, the following activities shall not
demand permits, except as may be required by the New York State Uniform
Fire Prevention and Building Code:
I.
All applications shall be made on forms as shall be developed and
periodically updated by the Building Inspector. Applications shall
include plot plans and such other information as is required to determine
compliance with the requirements of this chapter.
J.
A building permit shall expire after 24 months if the applicant fails
to complete the improvements as approved. An extension of 12 months
may be approved by the Building Inspector/Code Enforcement Officer
for good cause (such as seasonal weather conditions).
K.
Site plan approval or special use permits shall expire after 60 months
if the applicant fails to obtain a building permit within 60 months.
Extensions may be granted by the Planning Board; however, no more
than three one-year extensions may be granted.
[Amended 11-4-2010 by L.L. No. 2-2010]
L.
Accessory building permits shall not be issued in advance of permits
for principal permitted or special uses or without an existing principal
use in place and being operated on an ongoing basis except for the
following: sheds or similar structures no larger than 250 square feet
are allowed to precede the principal permitted or special use, provided
they are used to store tools, equipment and similar items for use
on the site. Any structures constructed under this section shall be
required to be compliant with other accessory use and building regulations
once a principal permitted or special use is constructed. Accessory
structures made noncompliant shall be removed. Accessory uses permitted
under such circumstances shall be limited to those with the tangible
and primary purpose of serving the principal use.
[Amended 10-16-2012 by L.L. No. 1-2012; 3-4-2021 by L.L. No. 2-2021]
M.
The Building Inspector/Code Enforcement Officer may issue a certificate
of occupancy and/or compliance to any legally existing use, provided
the owner thereof so certifies and the officer's investigations do
not indicate otherwise.
N.
No permits shall be issued for any new uses where there are unremedied
existing violations.
All actions taken with respect to this chapter shall comply
with the New York State Environmental Quality Review Act (SEQRA),
and applicants shall be responsible for providing such data as may
be required to determine the significance of any environmental impacts
associated with such actions.
A.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Building Inspector/Code Enforcement Officer,
who shall properly record such complaint and immediately investigate.
Nothing herein shall, however, restrict the right of the Building
Inspector/Code Enforcement Officer to act on a violation absent a
complaint. A violation of this chapter shall include, but not be limited
to, a violation of any approval or permit, including a violation of
any term or condition of an approval or permit, granted by the Town
Board, Planning Board, Zoning Board of Appeals or Building Inspector/Code
Enforcement Officer. A notice of violation and compliance order may
be served on the property owner and any builder, contractor, subcontractor,
construction superintendent, tenant and/or architect. A notice of
violation and compliance order shall be served either personally or
by certified and regular mail.
[Amended 5-11-2022 by L.L. No. 1-2022]
B.
Should any building or structure be erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land be used in violation of this chapter, the Town Board or the
Building Inspector, in addition to other remedies, may institute an
appropriate action of proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
C.
Any person, having been served with a notice of violation, who shall
fail to comply with such notice within the time fixed by the Building
Inspector/Code Enforcement Officer for compliance, shall be punishable
by a fine of not more than $250 or imprisonment not to exceed 15 days,
or both. Each day that a violation continues shall be deemed a separate
offense, and the person who continues in violation shall be subject
to a fine of not more than $250 for each separate offense. Incarceration
may not be included beyond 15 days for a continuing violation.
D.
The Building Inspector/Code Enforcement Officer or his or her designated
representative, as the case may be, is hereby authorized to issue
appearance tickets pursuant to the Criminal Procedure Law in the enforcement
of this or any related laws of the Town of Wawayanda.
E.
Civil penalties. In addition to and not in lieu of any other remedies, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to obtain civil monetary penalties for each offense for each day of the offense. The civil monetary penalties shall be in accordance with and not exceed the fines set forth in Subsection C above.
[Added 5-11-2022 by L.L. No. 1-2022]
F.
Loss of
profit. If a person has gained a profit through the violation of any
provision of this chapter, any zoning approval or permit, any term
or condition of any zoning approval or permit, or building permit,
certificate, temporary certificate, stop-work order, compliance order,
or other notice or order issued by the Code Enforcement Officer, then
the court, in lieu of imposing the penalty authorized for the offense
under one of the other subsections, may sentence the defendant to
pay an amount, fixed by the court, not exceeding double the amount
of the defendant's gain from commission of the offense. The court
shall make a finding, after a hearing, as to the amount of the profit
gained by the defendant's conduct.
[Added 5-11-2022 by L.L. No. 1-2022]
G.
Remedies
not exclusive. No remedy or penalty specified in this section shall
be the exclusive remedy or penalty available to address any violation
of this chapter and each remedy or penalty specified in this section
shall be in addition to, and not a substitution for or limitation
of, the other remedies or penalties specified in this section.
[Added 5-11-2022 by L.L. No. 1-2022]
The Town Board shall, by resolution, establish and periodically
update a schedule of uniform fees, charges and expenses associated
with the administration and enforcement of this chapter. Such schedule
may provide for the assessment to applicants of professional costs
incurred in the processing and/or review of the applications and to
assure compliance with the provisions of applicable laws, ordinances
and regulations covering building construction made pursuant to this
chapter.
[Amended 11-4-2010 by L.L. No. 2-2010; 3-4-2021 by L.L. No. 2-2021]
A site development permit shall be received prior to commencement of any activities pursuant to approved site plans, subdivisions or special use permit. The project shall apply to the Building Inspector for the site development permit. This is in addition to any required building permit or stormwater management permit. Fees for the site development permit will be set by the Town Board in accordance with Chapter 90 of the Town Code. Site development inspection fees paid to the Town prior to signing of the maps by the Planning Board Chair for final approval shall be derived in the following manner:
A.
Construction cost estimates for all improvements shall be prepared
by the applicant and reviewed by the Town Engineer.
B.
For public improvements, 4% of the amount of the estimated cost for
required public improvements shall be deposited for engineering inspections
and 1% of the amount shall be deposited for environmental compliance
inspections. Public improvements shall include roads, drainage systems,
stormwater management systems, water lines, sewer lines, appurtenances
and any other infrastructure to be dedicated to the Town.
C.
For nonpublic improvements, 3% of the amount of the estimated cost
of nonpublic improvements shall be deposited for engineering inspections
and 1% of the amount shall be deposited for environmental compliance
inspections. Nonpublic improvements shall include any on-site drainage
systems, stormwater management systems, waterlines, sewer lines, and
appurtenances not dedicated to the Town.
D.
The amounts required to be paid hereunder shall be deemed to be initial
deposits, and the applicant shall be responsible for any additional
reasonable and necessary expenses incurred by the Town. Unexpended
balances shall be refunded within 90 days of issuance of a certificate
of occupancy.
A.
The new zoning density, area and lot dimension requirements imposed
by this chapter shall not apply to the following: Any proposed subdivision
or site plan which has duly received preliminary approval from the
Town of Wawayanda Planning Board prior to the date of enactment of
this chapter.
B.
All such proposed subdivisions or site plans that may be approved
under the provisions of this chapter shall have four years from the
date of enactment of this chapter to obtain final approval.
