A.
No building or structure for which a building permit is required
by state or local law or regulation shall be erected, constructed
or restored or structurally altered without a building permit duly
issued upon application to the 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, following
full disclosure of the intended use. Every building permit shall be
signed by the applicant, as well as the property owner if the property
owner is not the applicant, and the signed application shall be evidence
of the truthfulness of the information contained in the building permit.
Any building permit issued under false pretenses by the applicant
or in violation of the provisions of this chapter shall be subject
to a stop-work order or an order to remedy violation issued by the
Code Enforcement Officer. Any work undertaken or use which is not
in conformity with this section shall be unlawful and discontinued
until brought into compliance with this section. Service of process
of a stop-work order or order to remedy violation shall be effective
if served personally on the applicant, owner or agent at the work
site or if sent to the applicant or owner by certified mail, return
receipt requested, as well as by regular mail, or if sent by fax,
provided that the fax number is printed on the letterhead of the addressee,
applicant or owner in the ordinary course of its business.
B.
Every application for a building permit shall contain the following
information and be accompanied by the required fee and by a plot plan
drawn to scale and signed by the person responsible for such drawing.
If no such plot plan is available, a survey, prepared by a licensed
engineer or land surveyor, is required. Fees shall be in accordance
with the Standard Schedule of Fees of the Town of New Windsor as may
be adopted from time to time by resolution of the Town Board.[1]
(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 section, plate, block and lot numbers as they appear on the latest
tax records.
(3)
The exact size and location on the lot of the proposed building or
buildings or alteration of an existing building and of other existing
buildings on the same lot.
(4)
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.
(5)
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is designed
to accommodate.
(6)
Such topographic or 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.
C.
No building permit shall be issued for the construction or alteration
of any building upon a lot without access to a street or highway as
stipulated in § 280-a of the Town Law. Such access shall
consist of not less than a twenty-foot-wide permanent legal right-of-way,
improved to the satisfaction of the Planning Board, to a public street.
D.
No building permit shall be issued for a lot in a subdivision requiring
approval by the Planning Board unless the subdivision map has been
properly filed in the office of the County Clerk.
E.
No building permit shall be issued for any building where the site
plan of such building is subject to approval by the Planning Board,
except in conformity with the plans approved by said Board.
F.
No building permit shall be issued for a building to be used for
any special permit use in any district where such use is subject to
approval by the Planning Board unless and until such approval has
been duly granted by the Planning Board.
G.
The building permit application and all supporting documentation
shall be made in triplicate. Upon the issuance of a building permit,
the Code Enforcement Officer shall return one copy of all filed documents
to the applicant.
H.
The Code Enforcement Officer shall, within 10 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 Code Enforcement
Officer shall, within five days of such motion, state in writing to
the applicant the reasons for such denial.
I.
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 for construction costing
less than $1,000,000 or has not been completed within 30 months from
such date for construction costing in excess of such amount. If no
zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Code Enforcement Officer
may authorize in writing the extension of either of the above periods
for an additional six months, following which no further work is to
be undertaken without a new building permit.
J.
As soon as the foundation of a building or of any addition to an
existing building is completed, and before first-story framing or
wall construction is begun, there shall be filed with the Code Enforcement
Officer an accurate survey, signed by the person responsible for said
survey, showing the exact location of such foundation with respect
to the street and property lines of the lot.
K.
No building permit shall be issued for any lot where the taxes for
the roadway which is to be offered for dedication to the Town of New
Windsor are unpaid, or for any lot in a subdivision in which any performance
guarantee is insufficient, expired or otherwise in default.
L.
The Code Enforcement Officer may withhold a certificate of occupancy
for any structure where the public improvements have not been completed
to the satisfaction of the Town, or the performance guarantees for
such improvements is insufficient, expired or otherwise in default,
or there is a noncompliance with any stormwater requirements.
A.
It is necessary that all building permits issued within the Town
of New Windsor have provided to the site of the construction proper
and safe access for both construction vehicles and equipment, as well
as emergency vehicles. To ensure this condition, the applicant/developer
shall maintain access which will, at minimum, consist of a firm and
unyielding gravel base to the site of the construction, capable of
providing access to such vehicles as referenced herein.
B.
For proposed Town roadways, the access shall be constructed in accordance
with the street specifications of the Town. Prior to the issuance
of a building permit, the applicant/developer shall have completed
an acceptable proof roll, as further described in the street specifications,
and shall have installed the full subbase course and all related utility
work necessary for the placement and acceptance of the roadway subbase
course. Prior to the issuance of a certificate of occupancy, the applicant/developer
shall have completed the first course of asphalt pavement for the
roadway.
C.
For proposed private roadways, the access shall be constructed in
accordance with the requirements for private roads as referenced in
the street specifications. The applicant/developer shall have completed
the base and choker courses of roadway structure for the full width
prescribed.
A.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Code Enforcement Officer:
B.
No certificate of occupancy shall be issued for any special permit
of a building or land requiring approval by the Planning Board for
any land or use requiring site plan approval by the Planning Board
unless and until such special permit use or site plan approval has
been duly granted. Every certificate of occupancy for which special
permit or site plan approval has been granted, or in connection with
which a variance has been granted by the Zoning Board of Appeals,
shall contain a detailed statement of any condition to which the same
is subject.
C.
Application for a certificate of occupancy for a new building, or
for an existing building which has been altered, shall be made on
forms furnished by the Code Enforcement Officer, after erection of
such building or part thereof has been completed in conformity with
the provisions of this chapter. In the case of a new building, such
application shall be accompanied by a survey prepared by a licensed
land surveyor showing the location of all buildings as built. Such
certificate shall be issued within 10 days after receipt of the properly
completed application, but only provided that the application states
that all requirements of all other applicable codes or local laws
in effect are complied with.
D.
If the proposed use is in conformity with the provisions of this
chapter and of all other applicable codes and local laws, a certificate
of occupancy for the use of vacant land or for a change of use of
a nonconforming use shall be issued by the Code Enforcement Officer
within 10 days after receipt of a properly completed application.
If a certificate of occupancy is denied, the Code Enforcement Officer
shall state the reasons in writing to the applicant.
E.
Remedies for violations after issuance of certificate of occupancy.
(1)
After issuance of a valid certificate of occupancy, if there occur
violations of state or local law or site plan approval or ZBA variance
requirements for a period of five days, the Code Enforcement Officer
may issue an order to remedy violation which shall set forth the section
of the code which is being violated and which, if not corrected within
the time specified, shall cause the Code Enforcement Officer to issue
an appearance ticket in the Town of New Windsor Justice Court. In
addition to that remedy, or alternatively, the Code Enforcement Officer
may institute a proceeding in Supreme Court under Town Law § 268,
Subdivision 2, or, where appropriate, the Code Enforcement Officer
may apply to the Supreme Court under the provisions of Executive Law
§ 382.
(2)
The services of any qualified experts employed by the Town to advise
in establishing a violation shall be paid for by the violator, if
a violation is proved, and otherwise by the Town. No new certificate
of occupancy shall be issued unless such charges have been paid to
the Town.
F.
A certificate of occupancy shall be deemed to authorize, and is required
for, both initial occupancy and the continuance and use of the building
or land to which it applies.
G.
Upon written request by the owner, and upon payment of the fee as
set by the Town Board, the Code Enforcement Officer shall, after inspection,
issue a certificate of occupancy for any building or use thereof or
of land existing at the time of the adoption of this chapter, certifying
such use (including the number of employees) and whether or not the
same and the building conform to the provisions of this chapter.
H.
A record of all certificates of occupancy shall be kept in the office
of the Code Enforcement Officer, and copies shall be furnished on
request to any agency of the Town or to any persons having a proprietary
or tenancy interest in the building or land affected.
A.
The Building Inspector is hereby designated the Code Enforcement
Officer. The Code Enforcement Officer shall have all of the powers
and duties relating to the administration and enforcement of the New
York State Uniform Fire Prevention and Building Code pursuant to Article
18 of the Executive Law of the State of New York, as the same may
be amended from time to time, together with such rules and regulations
as may be promulgated by the New York State Secretary of State pursuant
thereto. Additionally, the Assistant Building Inspector, Zoning Inspector,
Assistant Zoning Inspector, Fire Inspector, Assistant Fire Inspector
shall perform Code Enforcement duties under the coordination and supervision
of the Code Enforcement Officer.
A.
A violation of this article, and any failure to comply with an order
to remedy after due service, and any violation of any requirement
of this chapter or any statement, plan, application, permit or certificate
approved or issued under the provisions of this chapter shall be considered
an offense punishable by a fine of not more than $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; and, upon conviction of a second offense both of
which were committed within a period of five years, punishable by
a fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and, upon conviction for
a third or subsequent offense all of which were committed within a
period of five years, punishable by a fine of not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both.
B.
If applicable, additional or alternative penalties may be as prescribed
in New York State Executive Law § 382.
C.
Each week's continued violation under this section shall constitute
a separate additional violation.
D.
Any unpaid fire inspection fees from inspections authorized by § 300-80 and the enforcement of § 381 of the New York State Uniform Fire Prevention and Building Code Act shall be collected by assessment and levy upon the lot(s) or parcel(s) of land whereupon such inspection(s) was/were performed and the fees so assessed shall constitute a lien and charge upon the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
