It shall be the duty of the Building Inspector, to be appointed
by the Town Board, to enforce the provisions of this chapter. The
Building Inspector shall examine all applications for permits, issue
permits 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 the Town Board may require. Permits for construction and uses which
are special uses shall be issued only upon written order of the Planning
Board. Permits for construction and uses which require a variance
to requirements of this chapter shall be issued only upon written
order of the Zoning Board of Appeals.
A.
General procedures. All persons desiring to undertake any new construction, structural alteration (including demolition) or changes in the use of a building or lot shall apply to the Building Inspector for a building permit and/or certificate of use by filling out the appropriate application form and by submitting the required fee. (In the case of special uses, the application shall be forwarded to the Planning Board in accord with § 220-48B of this chapter.) The Building Inspector shall either issue or deny the permit. If the permit is denied, the Building Inspector shall specify those sections of this chapter to which the permit application does not comply. After a permit has been approved by the Building Inspector, the applicant may proceed to undertake the action permitted in the permit and, upon completion of such action, shall apply to the Building Inspector for issuance of a certificate of use. If the Building Inspector finds that the action of the applicant has been taken in accordance with the permit, he shall issue a certificate of use allowing the premises to be occupied for the permitted use.
B.
Required permits. A zoning permit and/or certificate of use shall
be required prior to the erection, addition, demolition, replacement
or alteration of any building or portion thereof; prior to the use
or change of use of a building or land; and prior to the change or
extension of a nonconforming use. It shall be unlawful for any person
to commence work for the erection or alteration of any building or
for a change in land use until a permit has been duly issued therefor.
The following classes of permits may be issued:
(1)
Principal permitted and accessory uses. A zoning permit or a certificate
of use for a principal permitted use or an accessory use may be issued
by the Building Inspector on his own authority.
(2)
Special use/site plan approval. A zoning permit or a certificate
of use for a special use/site plan may by issued by the Building Inspector
after review and approval by the Planning Board.
(3)
Variances. A zoning permit or a certificate of use for a use or structure
which requires a variance may be issued by the Building Inspector
only upon order of the Zoning Board of Appeals.
(4)
Temporary permits. A temporary permit may be authorized by the Town
Board and issued by the Building Inspector for a nonconforming structure
or use which the Town Board deems necessary to promote the proper
development of the community, provided that such a nonconforming structure
or use shall be completely removed upon expiration of the permit for
a specified period of time not to exceed one year and may be renewed
annually for an aggregate period not exceeding three years from the
date the temporary permit is first issued. Temporary permits for purposes
of demolishing a structure may be issued by the Building Inspector
and shall be for a period not to exceed 60 days.
C.
Activities not requiring permits. Certain uses or activities shall
not require permits although such uses or activities shall meet any
applicable standards of this chapter; provided, however, that this
section shall in no event supersede the requirements of the New York
State Uniform Fire Prevention and Building Code. These uses and activities
include the following:
(1)
Patios.
(2)
Any porch or deck not over six inches in height above the grade level
and lacking a roof, provided such porch or deck does not extend closer
than 10 feet to any lot line or within any required front yard.
(3)
Aboveground swimming pools, provided such swimming pool does not
extend closer than 10 feet to any lot line or within any required
front yard. Below-ground swimming pools shall require permits.
(4)
Signs less than 40 square feet in size.
(5)
Portable structures or buildings less than 150 square feet in size
(total for all such buildings on a lot).
(6)
All nonstructural accessory uses, including gardens, small animal
projects, etc.
D.
Application for permits. All applications for permits shall be accompanied by the information required in this § 220-64D. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
(1)
Plot plan. A plot plan in duplicate, drawn to show:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact size and location of any buildings existing on the
lot.
(c)
The lines within which the proposed building or structure is
proposed for erection or alteration.
(d)
The existing and intended use of each building or part of a
building.
(e)
The number of families or dwelling units the building is designed
to accommodate.
(f)
Such other information deemed necessary by the Town to determine
compliance with this chapter.
(2)
SEQRA and other information. Documentation necessary to determine
compliance with the New York State Environmental Quality Review Act
(SEQRA) and all other information deemed necessary by the Town to
determine compliance with this chapter.
E.
Fees.
(1)
The Town Board shall by resolution establish and periodically update
a uniform schedule of fees, charges and expenses, as well as a collection
procedure for zoning permits, special use/site plan permits, variances
and other matters pertaining to this chapter. Such fees may include
the assessment to the applicant of all professional costs incurred
by the Town in regard to any application.
(2)
Said schedule of fees shall be posted in the office of the Building
Inspector and/or the Town Clerk.
(3)
Permits, Special uses/site plans and variances shall be issued only
after fees have been paid in full, and the Zoning Board of Appeals
shall take no action on appeals until all charges have been paid in
full.
F.
Action on permit applications. It shall be the duty of the Building
Inspector to issue a zoning permit, provided that he is satisfied
that the structure, building, any signs, parking area of the premises,
and the proposed use thereof conform with all the requirements of
this chapter and that all other reviews and actions, if any are called
for in this chapter, have been complied with and all necessary approvals
secured thereof. The following procedures shall be observed:
(1)
Issuance of permit. All zoning permits shall be issued in duplicate,
and one copy shall be kept conspicuously on the premises affected
and protected from the weather whenever construction work is being
performed thereon. No owner, contractor, workman or other person shall
perform any building operations of any kind unless a zoning permit
covering such operation is displayed as required by this chapter,
nor shall he perform building operations of any kind after notification
of the revocation of said zoning permit.
(2)
Denial of permit. When the Building Inspector is not satisfied that
the applicant's proposed development will meet the requirements
of this chapter, he shall deny the zoning permit application.
(3)
Inspection by the Building Inspector. It shall be the duty of the
Building Inspector or his duly appointed representative to make the
following minimum number of inspections on property for which a permit
has been issued:
(a)
At the beginning of construction. A record shall be made indicating
the time and date of the inspection and the finding of the Building
Inspector in regard to conformance of the construction with plans
submitted with the application for the building. If the actual construction
does not conform to the application, a written notice of the violation
shall be issued by the Building Inspector, and such violation shall
be discontinued. Upon proper correction of the violation and receipt
of written notice from the Building Inspector, construction may proceed.
(b)
At the completion of construction. A record shall be made indicating
the time and date of the inspection and the findings of the Building
Inspector in regard to the issuance of a certificate of use.
Nothing herein shall, however, preclude the Building Inspector
from making such additional inspections as are deemed necessary to
establish conformance with this or other Town regulations.
(4)
Expiration and renewal. A zoning permit shall expire after 18 months
if the applicant fails to implement his application as filed with
the Building Inspector. A zoning permit may be renewed by the Building
Inspector not more than two times, and each renewal shall not exceed
a period of six months.
(5)
Revocation. If it shall appear at any time to the Building Inspector
that the application or accompanying plot plan is in any material
respect false or misleading, or that work is being done upon the premises
differing materially from that specified in the application filed
with him under existing laws or ordinances, he may forthwith revoke
the zoning permit, whereupon it shall be the duty of the permit holder
to surrender it and all copies thereof to the Building Inspector.
After the zoning permit has been revoked, the Building Inspector may,
at his discretion, before issuing a new zoning permit, require the
applicant to file an indemnity bond in favor of the Town of Delaware
with sufficient surety, conditioned for compliance with this chapter
and all building laws and ordinances then in force, and in a sum sufficient
to cover the cost of removing the building if it does not so comply.
G.
Approvals by Planning Board, Town Board or Zoning Board. In any instance
when an approval is granted by the Planning Board, Town Board or Zoning
Board of Appeals, the acting board may require its approval be periodically
renewed. Such renewal shall be granted following due public notice
and hearing and may be withheld only upon determination by the Building
Inspector to the effect that such conditions as may have been prescribed
by the respective board in conjunction with the issuance of the original
approval have not been or are being no longer complied with. In such
cases a period of 60 days shall be granted the applicant for full
compliance prior to the revocation of said permit.
H.
Certificate of use. A certificate of use shall be a statement issued
by the Building Inspector setting forth either that a building, structure
or parcel of land complies with the provisions of this chapter or
that a building or structure lawfully may be employed for specified
uses under the provisions of this chapter, or both. The certificate
of use under this chapter is separate from any permit or certificate
issued pursuant to the New York State Uniform Fire Prevention and
Building Code.
(1)
Requirement. No vacant land shall be occupied or used and no structure
or part of a structure hereafter erected, structurally altered or
changed in use shall be occupied or used until a certificate of use
shall have been regularly issued therefor by the Building Inspector.
(2)
Structures. A certificate of use, either for the whole or part of
a new structure or for the alteration of an existing structure, shall
be applied for coincident with the application for a zoning permit
and shall be issued within 30 days after the erection or alteration
of such structure or part thereof shall have been completed in conformity
with the provisions of this chapter, provided that the applicant has
given the Building Inspector timely notice of completion of the project
in order to facilitate the inspection of the same.
(3)
Land and change of use. A certificate of use for the use of vacant
land or for a change in the use of land or for a change in the use
of an existing structure shall be applied for and issued before any
such land or structure shall be occupied or used or such land or structure
shall be changed in use, and such certificate of use shall be issued
within 30 days after application has been made, provided such proposed
use is in conformity with the provisions of this chapter.
(4)
Nonconforming uses. A certificate of use for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of use shall be issued pursuant to the requirements of Article IX of this chapter.
(5)
Records. A record of all certificates of use shall be kept on file
in the office of the Building Inspector, and a copy shall be furnished,
on request, to any person having a proprietary or tenancy interest
in the structure or land affected.
(6)
House numbers. No certificate of use shall be issued until a house
number meeting the requirements of emergency service providers and
the Enhanced 9-1-1 System has been posted.
A.
Violations. It shall be unlawful to erect, construct, reconstruct,
alter or maintain or use any building or structure or to use any land
in violation of any provisions of this chapter. Failure, refusal or
neglect in complying with the provisions of this chapter; failure,
refusal or neglect to secure a permit or certificate of use, when
required, prior to the erection, construction, extension or addition
to a building or structure shall be a violation of this chapter.
B.
Notice of violation and termination. When written notice of a violation
of any of the provisions of this chapter has been served by the Building
Inspector or his designee on the owner, occupant, contractor or any
other person using or occupying said property, continued violation
of this chapter shall be terminated immediately.
A.
Enforcement. A violation of this chapter is hereby declared to be
an offense punishable by a fine not to exceed $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense both of which
are committed within a period of five years, punishable by a fine
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 not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
Remedies. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used or any land is divided into lots, blocks or sites
in violation of this chapter or other regulation made under authority
conferred thereby, the Town Board and/or Building Inspector, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use or division of land; to restrain, correct
or abate such violation; to prevent any illegal act, conduct, business
or use in or about such premises; and upon the failure or refusal
of Town officials to institute any such appropriate action or proceedings
for a period of 10 days after written request by a resident taxpayer
of the Town of Delaware so to proceed, any three taxpayers of the
Town residing in the district wherein such violation exists who are
jointly or separately aggrieved by such violation may institute such
appropriate action or proceeding in like manner as such Town officials
are authorized to do so.
