This chapter shall be enforced by the Zoning
Officer, who shall be appointed by the Town Board. No building permit
or certificate of occupancy shall be issued by him except where all
the provisions of this chapter have been complied with.
A. Building permits.
(1) General. No building or structure shall be erected,
added to or structurally altered until a permit therefor has been
issued by the Zoning Officer. Except upon a written order of the Zoning
Board of Appeals, no such building permit or certificate of occupancy
shall be issued for any building where said construction, addition
or alteration or use thereof would be in violation of any of the provisions
of this chapter.
(2) Information necessary for application. There shall
be submitted with all applications for building permits two copies
of a layout or plot plan drawn to scale showing the actual dimensions
of the lot to be built upon, the exact size and location on the lot
of the building and accessory buildings to be erected and such other
information as may be necessary to determine and provide for the enforcement
of this chapter. The information must be duly sworn to by the owner
of record of the real estate for which such permit is sought.
(3) Public record. One copy of such layout or plot plan
shall be returned when approved by the Zoning Officer, together with
such permit, to the applicant upon the payment of a fee as indicated
in this chapter. The second copy, with a copy of each application
with accompanying plan, shall become a public record after a permit
is issued or denied.
(4) Records. The Building Inspector shall:
(a)
Maintain in the office of the Town Clerk files
of all applications for building permits with plans and for certificates
of occupancy, and records of all building permits and certificates
of occupancy issued by him, which records shall be maintained under
the supervision of the Town Clerk and shall be open to public inspection.
(b)
Keep a record of every identifiable violation
of any of the provisions of this chapter that comes to his attention
and the action taken on such violation, which records shall be public
records.
(c)
File a monthly report summarizing for the period
since his last previous report all building permits and certificates
of occupancy issued by him and all violations of this chapter which
have come to his attention, together with the action taken by him
on such violations or the action proposed to be taken. A copy of each
such report shall be filed with the Planning Board at the same time
it is filed with the Town Board.
(5) Water supply and sewage disposal. All water supply
and sewage disposal installations shall conform to the New York State
Department of Health regulations. No plot plan shall be approved by
the Zoning Officer in any zone unless such conformity is certified
on the plan. Drainage affecting adjacent properties shall be considered
by the Zoning Officer before issuing a building permit, including
possible runoffs to said properties.
(6) Issuance of permits. It shall be the duty of the Zoning
Officer to issue a building permit, provided that he is satisfied
that the structure, building, a sign, parking area of premises and
the proposed use thereof conform to 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
therefore. 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 operation
has been displayed as required by this chapter, nor shall any such
persons perform building operations of any kind after notification
of the revocation of said building permit. As soon as the foundation
is completed, an as-built survey by a licensed surveyor showing the
exact location of the building shall be submitted to the Building
Inspector as proof that no setback lines have been violated and prior
to any framing of the building.
(7) Denial of permits. When the Zoning 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 and the applicant may appeal to the Zoning Board of Appeals
for a reversal of the Zoning Officer's decision.
(8) Revocation of permits. If it shall appear at any time
to the Zoning Officer that the application or accompanying plot is
in any material respect false or misleading or that work is being
done upon the premises differing materially from that called for in
the application 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 Zoning Officer. After the building permit has been
revoked, the Zoning Officer, in his discretion, before issuing the
new building permit, may require the applicant to file an indemnity
bond in the favor of the Town of Orchard Park 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.
(9) Special uses. All applications for special uses shall
be accompanied by plans and such other information as may be required
in this chapter.
(10)
Right of entry. The Zoning Officer and his duly
authorized assistants shall have the right to enter upon any land
and into any building in the performance of their duties.
(11)
Inspection of buildings and structures. The
Zoning Officer shall inspect or cause to be inspected every building
or structure constructed, altered or used, subject to the requirements
of this chapter, and shall order in writing the correction of any
condition found in violation of the requirements of this chapter.
(12)
A building permit application must be filed
for new construction or conversions of structures and any and all
paved stabilized stone areas, drives or any other paved area in any
B, I or D-R Zones. A site plan and a drainage plan must be submitted
with the application described in this subsection, including the following:
[Added 1-2-1991]
(a)
The property survey and topographic plan must
be stamped by a New York State licensed surveyor or engineer.
(b)
Existing grades of the subject property with
elevation shots of adjacent property must be submitted. Such elevation
shots must describe the property line and a sufficient distance from
the property line to properly design the subject of the building permit
application.
(c)
Such plan must include all proposed grades after
development.
(d)
All such grades must show elevations from a
benchmark which is known or assumed using the United States Geological
Survey or its equivalent.
(e)
Where the plan involves a parking lot area,
enclosed drainage piping into existing roadside or other approved
drainage is required.
(f)
In the event that state or county permits are
required, such permits must be obtained by the owner or contractor
prior to submission of the building permit application. Copies of
said permit shall accompany building permit applications.
(g)
Three copies of the plan shall be submitted
to the Building Department. The Town Engineer shall approve all plans
prior to issuance of a building permit.
[Amended 4-27-2011 by L.L. No. 1-2011]
(h)
Sites that have 41 or more parking spaces shall follow §§
144-29 and
144-44.
[Added 4-27-2011 by L.L. No. 1-2011]
B. Certificate of occupancy.
(1) General. No land shall be occupied or used and no
building hereafter erected, altered or extended shall be used or changed
in use until a certificate of occupancy shall have been issued by
the Zoning Officer, stating that the building or proposed use thereof
complies with the provisions of this chapter in respect to the following:
(a)
Occupancy or use of a building hereafter erected,
struturally altered or moved.
(b)
Change in the use of an existing building except
to another use of the same type.
(c)
Any change in use of a nonconforming use.
(d)
Occupancy or use of any vacant land except for
any use consisting primarily of tilling the soil.
(2) Application for certificate of occupancy. The application
for a certificate of occupancy shall be made in writing by the owner
of the property and shall state the type of occupancy, use or change
in use which is proposed.
(3) Expiration of building permits and certificates of
occupancy. Each building permit shall expire and be automatically
nullified six months from the date of issuance of said permit unless
construction has been commenced within such six-month period, and
two years from the date of issuance unless construction has been substantially
completed within such two-year period. Each certificate of occupancy
shall expire and be automatically nullified one year from the date
of issuance unless occupancy has been established within such one-year
period.
(4) Compliance with law and ordinances prerequisite to
issuance of certificate of occupancy. A certificate of occupancy will
not be issued by the Zoning Officer until he is satisfied that the
building, land and proposed occupancy or proposed use comply with
all provisions of the New York State Uniform Fire Prevention and Building
Code and other laws and with this chapter and all other ordinances
of the town.
(5) Record. The Zoning Officer shall maintain a record
of all certificates, and copies shall be furnished upon request to
any person having a proprietary or tenancy interest in the building
affected.
(6) Completion of projects. Each construction, reconstruction,
exterior alteration or relocation project for which a building permit
has been issued and which has been started shall be diligently prosecuted
to completion.