A.
The Town Board shall provide for the services of a Building Inspector.
The Building Inspector is hereby given the duty, power and authority
to enforce the provisions of this chapter. He shall examine all applications
for permits, issue permits for the construction, alteration, enlargement
and occupancy of all uses which are in accordance with the requirements
of this chapter and all nonconforming uses, record and file all applications
for permits with accompanying plans and documents and make such reports
as may be required.
B.
Building permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Schedule I hereof[1] shall be issued only upon written order of the Planning
Board or Zoning Board of Appeals.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
A.
Purpose. To ensure compliance with the provisions of this chapter,
no person shall erect, alter or convert any structure or building
or part thereof nor alter the use of any land subsequent to the adoption
of this chapter until a building permit has been issued by the Building
Inspector. Building permits may be valid for a limited period of time
for special uses of a temporary nature as set forth herein and for
other uses as may be regulated by the Zoning Board. 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.
(1)
Water supply and sewage disposal. All water supply and sewage disposal
installations shall conform to the New York State Department of Health
and New York State Department of Environmental Conservation regulations.
No site plan shall be approved by the Building Inspector in any district
unless such conformity is certified on the plan.
(2)
Application. All such applications shall be accompanied by a site
plan that shall have been approved by the Planning Board. For uses
that do not require site plan approval, a survey shall be submitted,
in duplicate, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon; the exact size and location of any building,
sign, parking or loading area or other physical feature; the existing
and intended use of each building or part of a building; the number
of families, dwelling units, employees, offices or other appropriate
units of occupancy which the building is designed to accommodate;
and such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved. One copy each of all applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
B.
For special uses. All such applications shall be accompanied by plans
and such other information as may be required by the Planning Board
or Zoning Board of Appeals.
C.
Issuance of permits.
(1)
It shall be the duty of the Building Inspector to issue a building
permit, provided that he is satisfied that the structure, building,
sign, parking area and the proposed use conform to all requirements
of this chapter, and the New York State Uniform Fire Prevention and
Building Code, and that all other reviews and actions, if any, called
for in this chapter have been complied with and all necessary approvals
secured therefor.
(2)
All building 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 building permit covering such operations
has been displayed as required by this chapter, nor shall he perform
building operations of any kind after notification of the revocation
of said building permit.
D.
Denial of permits. When the Building Inspector is not satisfied that
the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit, and the
applicant may appeal to the Zoning Board of Appeals for a reversal
of the Inspector's decision.
E.
Revocation of permits. If it shall appear at any time to the Building
Inspector that the application or accompanying plan is in any respect
false or misleading or that work is being done upon the premises differing
materially from that called for in the applications filed with him
under existing laws or ordinances, he may forthwith revoke the building
permit, whereupon it shall be the duty of the person holding the same
to surrender it and all copies thereof to said Building Inspector.
After the building permit has been revoked, the Building Inspector
may, in his discretion, before issuing the new building permit, require
the applicant to file an indemnity bond in favor of the Town of Mamakating
with sufficient surety conditioned for compliance with this chapter
and all laws and ordinances then in force and in a sum sufficient
to cover the cost of removing the building or structure if it does
not so comply.
F.
Expiration. Every building permit to be issued by the Building Inspector
shall expire if the work authorized by the building permit has not
commenced within the time period after the date of issuance set forth
below or has not been completed within the time period set forth below.
Work authorized by a building permit shall commence and be completed
as follows:
(1)
Swimming pools. The work pursuant to the building permit must commence
and be completed within six months after the issuance of the building
permit or by October 31 of that year, whichever comes first; building
permits for swimming pools may not be renewed upon expiration of the
foregoing period.
(2)
Wood stoves. The work pursuant to the building permit must commence
and be completed within six months after the issuance of the building
permit; building permits for wood stoves may not be renewed upon the
expiration of said six-month period.
(3)
Demolition. The work pursuant to the building permit must commence
and be completed within six months after the issuance of the building
permit or by such other period of time after the issuance of the building
permit as the Building Inspector, in the exercise of his reasonable
discretion, determines; building permits for demolition work may not
be renewed upon the expiration of said time period.
(4)
Decks. The work pursuant to the building permit must commence and
be completed within six months after the issuance of the building
permit; upon the expiration of said six-month period, the Building
Inspector may, in the exercise of his reasonable discretion, renew
the building permit for one additional period of six months.
(5)
Garages/sheds. The work pursuant to the building permit must commence
within six months after the issuance of the building permit and must
be completed within one year after the issuance of the building permit;
upon the expiration of said one-year period, the Building Inspector
may, in the exercise of his reasonable discretion, renew the building
permit for one additional period of one year.
(6)
Additions/alterations. The work pursuant to the building permit must
commence within six months after the issuance of the building permit
and must be completed within one year after issuance of the building
permit; upon the expiration of said one-year period, the Building
Inspector may, in the exercise of his reasonable discretion, renew
it for one additional period of one year.
(7)
New home. The work pursuant to the building permit must commence
within six months after the issuance of the building permit and must
be completed within two years after the issuance of the building permit;
upon the expiration of said two-year period, the Building Inspector
may, in the exercise of his reasonable discretion, renew the building
permit for one additional period of one year.
(8)
Commercial buildings. The work pursuant to the building permit must
commence within six months after issuance of the building permit and
must be completed within two years after the issuance of the building
permit; upon the expiration of said two-year period, the Building
Inspector may, in the exercise of his reasonable discretion, renew
it for one additional period of two years.
(9)
Wells. The work pursuant to the building permit must commence and
be completed within six months after the issuance of the building
permit; building permits for wells may not be renewed upon the expiration
of said six-month period.
(10)
Septic. The work pursuant to the building permit must commence
and be completed within six months after the issuance of the building
permit; building permits for septic may not be renewed upon the expiration
of said six-month period.
G.
Stop order. Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable building laws, ordinances
or regulations, or not in conformity with all the provisions of the
application, plans or specifications on the basis of which a building
permit was issued, or in an unsafe and dangerous manner, he shall
notify the owner of the property, or the owner's agent, or the
person performing the work, to suspend all work, and any such person
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed, and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
him a copy of the same by registered mail.
H.
Access.
(1)
In accordance with § 280-a of the Town Law, no building
permit for the erection of any building shall be issued unless a street
or highway giving access to such proposed structure has been duly
placed on the Official Map or plan or, if there is no map or plan,
unless such street or highway is:
(a)
An existing state, county or Town highway;
(b)
A street shown upon a plat approved by the Planning Board as
provided in §§ 276 and 277 of the Town Law, as in effect
at the time such plat was approved; or
(c)
A street on a plat duly filed and recorded in the office of
the County Clerk or Register prior to the appointment of such Planning
Board and the grant to such Board of the power to approve plats.
A.
Certificate required; application; issuance.
(1)
No building or structure erected subject to the New York State Uniform
Fire Prevention and Building Code and the provisions of this chapter
shall be used or occupied, except to the extent provided in this section,
until a certificate of occupancy has been issued.
(2)
No change shall be made in the use or occupancy of a building or
structure unless a building permit and new certificate of occupancy
authorizing the change of use shall have been issued. A change in
use shall include, but not be limited to, a change in or of the type,
class, nature or scope of the goods, services or operation.
(3)
The owner shall make application for the certificate of occupancy.
After completion of the whole building or structure and upon the sworn
application by the owner or his duly authorized agent setting forth
such facts as the Building Inspector may require and after actual
inspection of the premises by the Building Inspector or his duly authorized
assistant, the Inspector shall, upon finding the facts to be as represented,
issue, in duplicate, a certificate of occupancy. The certificate of
occupancy shall certify that the premises comply with the provisions
of this chapter and may be used for the purposes set forth in the
certificate of occupancy, which purposes shall conform to the requirements
of this chapter.
B.
Upon request, a temporary certificate of occupancy may be issued
if the building, structure or lot or a designated portion of a building,
structure or lot is sufficiently improved that it may be put to the
use for which it is intended. A temporary certificate of occupancy
may, at the discretion of the Building Inspector, be renewed an indefinite
number of times. A temporary certificate of occupancy may be issued
where the required landscaping, concrete work, final asphalt course,
or other improvement has not be installed due to seasonal or other
constraints; provided, however, that such other portions as have been
completed may be occupied safely without endangering life or public
welfare. The applicant shall be required to furnish a performance
bond or other security from the owner or holder of the building permit,
which bond or other security shall run to the benefit of the Town.
The form and the amount of security shall be set and held by the Town
Board, upon the advice of the Building Inspector and the Town Engineer,
with the approval of the Planning Board, and in such form acceptable
to the Town Attorney. Every application for a temporary certificate
of occupancy shall be accompanied by a fee in accordance with the
Fee Schedule of the Town of Mamakating.
C.
No certificate of occupancy shall be issued except upon an inspection
which reveals no uncorrected deficiency or material violation of the
New York State Uniform Fire Prevention and Building Code and the provision
of this code in the area intended for use.
D.
The Building Inspector of the Town of Mamakating is authorized to
issue a certificate of occupancy in regard to any building or structure
upon receiving from a licensed professional engineer or architect
as-built plans and a sworn certification which, to the satisfaction
of the Building Inspector, certifies that the building complies with
all requirements of the Town of Mamakating and the New York State
Uniform Fire Prevention and Building Code for the issuance of a certificate
of occupancy which existed at the time erected, notwithstanding that
said premises may not have the otherwise requisite building permits.
Said certificate of occupancy shall recite that the certificate is
issued upon the certification of the licensed professional engineer
or architect and that the building complies with all requirements
of the Town of Mamakating and the New York State Uniform Fire Prevention
and Building Code for the issuance of a certificate of occupancy at
the time enacted and that the Town issues the certificate of occupancy
solely on the basis of that certification and not on the basis of
any independent inspection or investigation.
E.
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 a premises shall apply to the Building Inspector for a building
permit prior to receiving a new certificate of occupancy for the change
in use. A copy of the certificate of occupancy shall be kept at all
times upon the premises affected and shall be displayed upon request
made by any Building Inspector or police officer. A record shall be
kept of all certificates of occupancy issued, and the original applications
therefor shall be kept on file in the same manner as applications
for building permits. A certificate of occupancy, once granted, shall
continue in effect so long as there is no change of use, regardless
of change in the personnel of tenants or occupants.
A.
Legislative findings and intent. The Town Board finds and determines
that, in order to promote the public welfare and provide for open
and transparent government processes, full and fair disclosure of
all persons comprising or controlling an entity making a land use
application or undertaking development of land or a structure must
be required. Therefore, this section requires a non-person entity
making a land use application or undertaking development of land or
a structure to disclose the names and contact information of the persons
who own, comprise or control the entity. Such disclosure will inform
the public concerning the names of the individuals behind the land
use application or development, will facilitate application review
by the reviewing boards, and will better disclose actual or potential
conflicts of interest. The requirements of this section shall apply
to all pending and future land applications.
B.
APPLICANT
AUTHORIZED PERSON
DEVELOPMENT
ENTITY
LAND USE APPLICATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The legal, beneficial and equitable owner(s) of land proposed
for development in a land use application, including, but not limited
to, the holder of an option or contract to purchase, or a person or
entity having a proprietary interest in such land, or a person or
entity authorized to make and process a land use application.
Any person who is authorized to act or does act, alone or
in conjunction with others, on behalf of an entity or who has authority
to direct, control or influence the entity in any manner.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; mining or
excavation; and any change in, or extension of, the use of any land,
building or structure.
A limited-liability company, limited-liability partnership,
general or limited partnership, joint venture, doing business name
or venture, corporation, association, or any other non-person.
An application form and other documents submitted by an applicant
for review and approval of a building permit, subdivision plat, site
plan, special use permit, conditional use permit, variance, zoning
amendment, certificate of occupancy, or any other permit, approval
or certificate required, necessary or requested for development of
land or a structure.
C.
Requirement for disclosure.
(1)
A land use application that lists an entity as owner, applicant
or other person of interest shall include, as part of the application,
and as a prerequisite to the land use application being deemed complete
or heard or considered, a completed entity disclosure statement, affirmed
and sworn to under the penalty of perjury, in a form approved by the
Town Board. The form of the disclosure statement may be amended from
time to time by resolution of the Town Board.
(2)
If a property for which a land use application is pending is
sold or transferred and/or the ownership or control of an entity is
changed, an updated entity disclosure statement shall be submitted.
The reviewing board, officer or employee shall suspend review of the
land use application until the entity submits the updated entity disclosure
statement. There shall be no development of any land, building or
structure until a current and complete entity disclosure statement
is submitted. If site work or construction of a building or structure
has commenced, the Building Inspector is authorized to issue a stop-work
order, which shall remain in effect until the updated entity disclosure
statement is submitted.
(3)
The Town Board, Planning Board, Zoning Board of Appeals, Building
Department, or any municipal board, officer or employee shall not
process, hear, rehear, approve, or sign any land use application,
plans, permit or certificate unless and until a current and complete
entity disclosure statement is submitted.
D.
Information required in the entity disclosure statement. The following
information shall be required to be disclosed in the entity disclosure
statement:
(1)
If the applicant is an entity, the name, address and contact
information for each owner, member, shareholder, officer, director,
beneficial owner, general partner, limited partner and authorized
person of the entity shall be disclosed. If any owner, member, shareholder,
beneficial owner, general partner or limited partner is itself an
entity, then the name, address and contact information of any member,
shareholder, director, officer, beneficial owner, general partner
or limited partner or authorized person of that entity shall be disclosed.
(2)
Each named person shall identify all Town officers or employees
for which disclosure of a relationship would be required pursuant
to State General Municipal Law § 809.
(3)
Other information reasonably required by resolution of the Town
Board which implements or promotes the purpose and intent of this
section.
E.
Persons exempt from the disclosure requirements of this section:
(1)
A person who is not an officer, director or authorized person
of a publicly traded corporation and who holds less than 5% of the
shares or ownership interest in such corporation.
G.
Penalties for offenses.
(1)
If an entity, its representative(s) or other person fails to
submit, update or keep current a complete and correct disclosure statement
required by this section, or otherwise violates a requirement of this
section, such entity, its representative(s) or other person shall
be subject to a civil penalty, not to exceed $5,000, assessed by a
court of competent jurisdiction.
(2)
Nothing herein shall preclude institution of a criminal or civil
proceeding against the entity or any of its representatives or other
person where conduct may constitute a violation of law.
(3)
In addition to the penalties prescribed in this section and
in state law, any entity or person who violates any provision of this
section shall be liable for all reasonable attorneys' fees, consultant
and expert fees, costs and disbursements incurred by the Town in any
legal proceeding to enforce the requirements of this section and/or
to recover a civil penalty.
A.
Right of entry. The Building Inspector, or his authorized agent,
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any land or building or structure at any reasonable
hour, subject to all applicable laws.
B.
Complaints of violations. 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,
who shall properly record such complaint and immediately investigate
and report thereon to the Town Board.
C.
Procedure for abatement of violations. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of this chapter or of any ordinance or regulation made under authority
conferred hereby, the Town Board or the Building Inspector, in addition
to other remedies, may institute any appropriate action or 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.
D.
Penalties.
(1)
A violation of this chapter is hereby declared to be a violation,
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
(2)
A violation of this chapter shall be subject to a civil penalty enforceable
and collected by the Town in the amount of $250 for each such offense.
Each week's continued violation shall constitute a separate additional
violation. This provision is in addition to all other remedies to
which the Town may be entitled as a result of a violation of this
chapter.
(3)
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, the proper local authorities of the Town, in addition
to other remedies, may institute such appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land; 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; and upon the failure or refusal
of the proper local officer, board or body of the Town to institute
any such appropriate action or proceeding for a period of 10 days
after written request by a resident taxpayer of the Town so to proceed,
any three taxpayers of the Town residing in the district wherein such
violation exists who are jointly or severally aggrieved by such violation
may institute such appropriate action or proceeding in like manner
as such local officer, board, or body of the Town is authorized to
do.
E.
Nonapplicability. This section shall not apply to violations of the
provisions of the New York State Uniform Fire Prevention and Building
Code punishable under § 382 of the Executive Law of the
State of New York, nor to violations of the provisions of the Multiple
Residence Law punishable under § 304 of the Multiple Residence
Law of the State of New York.
A.
Building Department fees. Fees under this chapter shall be set pursuant to Chapter 95, Fees, and shall be paid at the office of the Building Inspector upon the filing of an application.
B.
Professional fees; intent. The intent of this section is to reimburse
the Town of Mamakating for all expenses incurred in connection with
the review of applications made to the Building Inspector, Planning
Board or the Zoning Board of Appeals. Both the Planning Board and
Zoning Board of Appeals and the Town Building Department of the Town
of Mamakating are hereby empowered to charge an applicant the expense
for professional fees incurred by either of said Boards or Building
Department for professional fees which are incurred as a result of
professional work required to be done on behalf of either of said
Boards or Building Department as a result of the filing of an application
seeking approval by it.
C.
Professional services. Such professional services shall include,
but not be limited to, architects, attorneys, engineers, planning
consultants, and traffic consultants, for services rendered in connection
with the above.
D.
The professional involved, who will be hired at the request of either
of the above said Boards or Building Department, will submit a statement
setting forth the nature of services performed, the date such services
were rendered, the time spent thereon (if such services are rendered
on a timed basis) and the name of the party rendering such services.
A voucher or other bill rendered to the Town and paid by the Town
shall be deemed a fee statement in full compliance with this section.
E.
Payment of the fee by the applicant shall be a prerequisite for approval
of the application but shall be paid regardless of whether approval
is granted or not. If the relief sought by the applicant is granted
but the fee(s) is(are) not paid, the issuing authority can revoke
its action ex parte and afterwards notify the applicant for the same
of said revocation and that the relief sought will not be regranted
until the fees are paid.
F.
If payment is by check, payment is not to be considered final until
the check clears the bank of the drawer.
G.
Disputed fees. Any applicant who disputes any fee statement presented
to him may bring a proceeding in the Supreme Court of the State of
New York, in and for the County of Sullivan, pursuant to Article 78
of the Civil Practice Law and Rules of New York, within 30 days after
presentation of such disputed fee statement. The commencement of such
a proceeding shall not stay the obligation of the applicant to pay
any fee statement presented to him pursuant to this chapter.
H.
Failure to reimburse fees. Any fee statement imposed by this section
which remains unpaid at the time the Town certifies its annual tax
roll shall become a lien upon the premises for which the application
was made. Such unreimbursed fees shall thereupon be levied against
said premises, as if a tax on real property, and in addition to all
other taxes, fees, rents, or charges which would otherwise be so levied.
In the event the affected premises comprise more than one tax lot,
the Town Treasurer shall distribute such levy equally among such tax
lots without regard to assessed value or any other factor.
