A.
General. No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article XV of this chapter.
B.
Enforcing authority. The provisions of this chapter
or any rules or regulations authorized hereunder shall be enforced
by the Building Official, or a designated member of the Bureau of
Buildings.
(1)
The Building Official and his duly authorized assistants
shall maintain files of all applications for building permits and
site plans submitted therewith and for certificates of occupancy,
and records of all building permits and certificates of occupancy
issued by them, which files and records shall be open to public inspection.
(2)
The Building Official shall keep a record of every
identifiable complaint and violation of any of the provisions of this
chapter and of the action taken consequent on each such complaint,
which records shall be public records.
(3)
Discretionary power of the Building Official. Notwithstanding
any provision of this chapter inconsistent herewith, the Building
Official shall have the authority, in his discretion, to issue building
permits in cases where there are variations from the requirements
as follows:
(a)
Where the variation is no greater than 5% from
any dimensional requirement and there exists a practical difficulty
in carrying out the dimensional requirements of the Zoning Chapter.
(b)
Where the intent of the fencing or screening
is provided by some other method acceptable by the Building Official
and public safety is not endangered.
(c)
Where the location of the fencing and/or screening
for swimming pools is a greater distance from the pool than the maximum
specified in this chapter and where public safety is not endangered.
(d)
Where the size of the access and egress curb
cuts are deemed to be insufficient by the Department of Public Works.
(e)
The Building Official may request that an affidavit
be submitted, together with the application for a building permit,
by a licensed architect or engineer setting forth in detail the practical
difficulty on the part of the applicant for the building permit in
carrying out the dimensional requirements of this chapter.
(f)
The Building Official may accept an affidavit from the owner of the property in lieu of the affidavit indicated in Subsection B(3)(e) above if he deems that the variation requested is insubstantial and public safety is not endangered.
(g)
The Building Official may issue a permit for construction staging,
general construction management activities, public parking of private
passenger vehicles associated with construction on a temporary basis,
and/or placement, preparation and staging of equipment and materials
ancillary to construction activities for a location not included in
the site plan approval, provided that such a location is within 500
feet of the approved site plan location as measured from property
line to property line.
[Added 10-15-2019 by Ord.
No. 2019-216]
Except under written authorization of the Board of Appeals as provided in Article XV of this chapter, no building permit shall be issued for any land, building or structure where said action would be in violation of any of the provisions of this chapter.
A.
Every application for a building permit as required by the Building Official, except for single- and two-family dwellings which are not subject to review and approval by the Planning Board pursuant to § 331-117, shall be accompanied by a site plan as required in Article XIII of this chapter. The application shall be made in duplicate. The Building Official, in acting on such site plan, shall be guided by the standards as set forth in § 331-120 of this chapter. On issuance of a building permit, the Building Official shall return one copy of all documents filed to the applicant.
[Amended 5-13-2008 by Ord. No. 108-2008]
B.
If a building permit is denied, the Building Official
shall state in writing the reason for such denial.
C.
The applicant's engineer or architect, prior to the issuance of any type of building permit for construction requiring site plan approval, shall submit to the City Engineer an estimate of the costs of all required on- and off-site infrastructure and improvements associated with such site plan approval, which estimate shall be verified by the City Engineer as adequate to cover such on- and off-site infrastructure and improvements required as part of such site plan approval. Thereupon, the applicant shall provide to the City performance bond or other security acceptable in form and amount to Corporation Counsel, in an amount and for a period of time acceptable to the City Engineer, all in accordance with Article III of the General City Law.
[Added 12-11-2007 by Ord. No. 294-2007; amended 5-13-2008 by Ord. No. 108-2008]
Except under written authorization of the Board of Appeals as provided in Article XV of this chapter, no certificate of occupancy or compliance may be issued unless such occupancy is in complete conformity with the provisions of this chapter. A certificate of occupancy may continue in effect as long as such occupancy or use is in full compliance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any detailed statement or plan approved by the City Council, Planning Board, Building Official, Board of Appeals on Zoning, Board of Standards and Appeals, or Historic and Landmarks Review Board, acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements.
A.
Application. All applications for certificates of
occupancy or certificates of compliance shall be on forms furnished
by the Building Official for new buildings or for an existing building
which has been altered and shall be made after the erection or alteration
of such building or part thereof has been completed in conformity
with the provisions of this chapter. Such certificates shall be issued
within 10 days after receipt of this application, provided that all
applicable codes or ordinances in effect are complied with. In the
event that the Building Official denies a certificate of occupancy
or compliance, notice of the denial setting forth the reasons therefor
shall be sent to the applicant within 10 days after receipt of the
written application.
B.
Temporary certificates of occupancy. A temporary certificate
of occupancy may be issued by the Building Official for a period not
to exceed 90 days during the completion of any construction alterations
that are required under the provision of any law or ordinance. Temporary
certificates may be renewed by the Building Official for periods not
exceeding 90 days, but in no event shall temporary certificate renewals
exceed a total of 12 months except where the Building Official determines
that issues of public safety would justify a further exemption. Such
temporary certificates shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
City respective to the use or occupancy of the land or building or
any other matter covered by this article, and such temporary certificates
shall not be issued except under such restrictions and provisions
as will adequately assure the health, safety and welfare of the occupants
of the building and of adjacent buildings and land.
C.
Every certificate of occupancy shall state that the
building or the proposed use of the building or land complies with
all provisions of law and of this chapter and all other ordinances
of the City.
D.
Each certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which its applies.
E.
Upon written request by the owner, the Building Official
shall, after inspection, issue a certificate of occupancy for any
building or use thereof of land existing at the time of adoption of
this chapter, certifying such use and whether or not the same and
the building conform to the provisions of this chapter.
F.
A record of all certificates of occupancy shall be
kept in the office of the Building Official, and copies shall be furnished,
on request, to any agency, authority or person having a proprietary
or tenancy interest in the building or land affected.
G.
Any change in the use of building or of land in any district from one enumerated use provided in Article V of this chapter to another of the enumerated uses so provided shall, for the purposes of this section, be deemed to be a change in use of a building or land.
H.
Where landscaping or screening, or both, are required
under site plans approved by the Planning Board, pursuant to which
a building permit has been issued, and such work has not been completed,
no temporary certificate of occupancy shall be issued unless the applicant
for such certificate complies with the following requirements:
(1)
Deposits with the application a performance bond,
issued by an insurance company authorized to do business in the State
of New York, guaranteeing satisfactory completion of the work required
within the time limitation of the certificate, or any extension thereof,
in a penal sum equal to the cost of the work, as estimated by the
Building Official; or
(2)
Deposits a certified check to the order of the City
of New Rochelle with the application, in a sum equal to the cost of
the work, as estimated by the Building Official, together with an
agreement to perform the work within the time limitation of the certificate
or any extension thereof and, in default thereof, giving the City
of New Rochelle the option to perform the work, to apply the sum deposited
to the cost and to charge the applicant for any cost of the work in
excess of the deposit.
I.
Unlawful occupancy. The following shall be unlawful
until a certificate of occupancy shall have been applied for and issued
by the Building Official:
No site clearing, excavation or other similar
activity in preparation for construction shall be permitted until
and unless a permit or approval for such activity has been issued
by the appropriate City agency or official and any required bond has
been posted therefor. Once construction has been started, it shall
be diligently prosecuted to completion. In the event that construction
is halted or unreasonably delayed and, in the opinion of the Building
Official, such halt or delay may create a safety or health hazard
or an adverse impact on the environment or the neighborhood in which
it is located, said Building Official may order a termination of construction
activities on the site and the immediate restoration of the site to
a safe, healthful, and attractive condition.
For the purpose of defraying the professional and administrative costs involved in the review of applications and appeals, including the cost of preparing and publishing legal notices as required by law, all applications shall be accompanied by a fee payable to the City of New Rochelle in the amounts prescribed in Chapter 133 of this Code, a current summary of which is available in the Bureau of Buildings. Fees paid by any City agency may be returnable through the Department of Finance.
[Added 10-16-2012 by Ord. No. 171-2012]
A.
The
City Council, the Planning Board and the Zoning Board of Appeals,
in the review of any application brought pursuant to this chapter,
may refer such application presented to it to such planner, engineer,
environmental expert, attorney or other consultant engaged by the
City or to such City professional staff as such Board shall deem reasonably
necessary to enable it to review such application as required by law.
(1)
Fees charged by such consultants shall be in accord with fees usually
charged for such services in the metropolitan New York region and
pursuant to a contractual agreement between the City and such consultant.
All such fees shall be paid to the City upon submission of a City
voucher, and the applicant shall reimburse the City for the costs
of such consultant upon submission of a copy of the voucher or at
the discretion of the reviewing board.
(2)
Costs for services of professional staff shall be in accord with
hourly rates based upon actual salary and benefits paid by the City.
The applicant shall reimburse the City for the costs of professional
staff services upon submission of an invoice or at the discretion
of the reviewing board.
(3)
The payment of such costs by the applicant shall be required in addition
to any and all other fees required by this or any other section of
this chapter or any other City law, ordinance or regulation.
(4)
All charges for services shall be audited by the City, and applicant
costs shall be limited to those that are reasonable in amount and
are necessary for the City's review and action on the application
in accordance with the law.
B.
Escrow
accounts. At the time of submission of any application brought pursuant
to this chapter, the reviewing board may require the establishment
of an escrow account, from which withdrawals shall be made to reimburse
the City for the cost of consultant fees and professional staff services.
The applicant shall then provide funds to the City for deposit into
such account in an amount to be determined by the reviewing board
based on its evaluation of the nature and complexity of the application.
The applicant shall be provided with copies of any City voucher for
consultant fees as they are submitted to the City and with City staff
time records for services for which reimbursement is sought. When
the balance in such escrow account is reduced to 1/3 of its initial
amount, the applicant shall deposit additional funds into such account
to bring its balance up to the amount of the initial deposit. If such
account is not replenished within 30 days after the applicant is notified,
in writing, of the requirement for such additional deposit. the reviewing
board may suspend its review of the application. A building permit
or certificate of occupancy or use shall not be issued unless all
such applicants' costs have been reimbursed to the City. After all
pertinent costs have been paid, the City shall refund to the applicant
any funds remaining on deposit. All fees required pursuant to this
section shall be collected by the Clerk of the board having jurisdiction
over the application.
A.
Penalties.
(1)
Any person who shall violate any provision of this
Chapter or any other regulation made under authority conferred thereby,
or who shall build or alter any structure in violation of any statement
or plan submitted and approved thereunder, or who shall knowingly
assist therein, shall be liable to a fine of not more than $2,500
for a first offense and not more than $5,000 for a second or subsequent
offense within three years of a first or other offense of this Chapter,
or imprisonment for a period not exceeding 15 days, or both.
[Amended 10-16-2007 by Ord. No. 237-2007]
(2)
Each day's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the City shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under Subsection B below.
(3)
In
addition to the aforementioned penalties, all property owners and/or
other responsible parties who have been duly served with a court appearance
ticket issued pursuant to this Chapter for enforcement by the New
Rochelle City Court shall be required to pay a mandatory surcharge
in the amount of $100, except in those cases where the City Court
Judge makes a determination that there was no legal basis for the
appearance ticket. Said mandatory surcharge shall be separate and
independent from any fines or penalties imposed pursuant to this Code
and shall be payable to the City of New Rochelle.
[Added 12-13-2011 by Ord. No. 214-2011]
B.
Prevention. In case any land or structure is used, erected, constructed, altered or maintained in violation of this chapter or of any regulation, restriction or requirement made pursuant thereto, including any statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Official has reasonable grounds to believe that work on any structure is being conducted in violation of the provisions of this chapter, or not in conformity with any regulation, restriction or requirement made pursuant thereto, including any written statement or plan submitted and approved hereunder, or in an unsafe or dangerous manner, the Building Official shall issue a stop-work order pursuant to the provisions of § 111-41 of the Building Code.
C.
Issuance of appearance tickets. The City Manager is
hereby empowered to authorize such employees of the Bureau of Buildings
as he may designate to issue appearance tickets and to file information
with respect to violation of such provisions of this chapter as the
Building Official may require for the enforcement thereof, and it
shall be the duty of City employees so authorized, and they are hereby
empowered, to issue appearance tickets and to file information with
respect to such ordinance violations as the Building Official may
require.
D.
In addition to any penalties and remedies which may be imposed in connection with violation of an approved site plan, in the event such site plan requires amendment as a result of such violation, the application for such site plan amendment shall be accompanied by an additional fee payable to the City of New Rochelle in the amount prescribed in Chapter 133, Fees, of the City Code.
[Added 12-11-2007 by Ord. No. 294-2007]
