The provisions of this chapter shall be administered and enforced by a Building and Development Department, pursuant to § 268 of the Town Law, and by a Building Inspector and other enforcement officers, pursuant to § 138 of the Town Law, as appointed by the Town Board, or by such other officer as the Town Board may, from time to time, designate. Such appointees to the Building and Development Department shall have charge of the enforcement of such codes, ordinances, rules and regulations of the Town and of this Zoning Chapter of the Town as directed by the Town Board and by this chapter. The Building Department shall have the special authority to serve appearance tickets pursuant to § 150.20, Subdivision 3, of the Criminal Procedure Law. The Building Inspector and other enforcement officers are hereby authorized to enforce the New York State Uniform Fire Prevention and Building Code, the Town Code, Chapter
179, Subdivision of Land, Town site plan requirements, special conditions attached to variances and special use permits and other applicable Town laws pertaining to property located within all of the zoning districts of the Town.
Any license or permit required shall be issued by the Building Inspector, and the Town Board may direct that fees for licenses and permits issued by the Building Inspector shall be payable to and collected by such Inspector. The Building Inspector shall keep a record of all permits issued or denied, with a notation of all special conditions involved. He shall safely file and keep copies of all plans submitted, which shall form a part of the records of his office and shall be available for use of the Town Board and other boards and officials. The Building Inspector shall not approve any application or issue a building permit or certificate of occupancy for any purpose not in compliance with the provisions of this chapter and such other ordinances, rules and regulations of the Town, including but not limited to the New York State Uniform Fire Prevention and Building Code, together with any applicable laws, rules and regulations of the State of New York. (See §
208-6.)
[Amended 12-19-2005 by L.L. No. 12-2005; 10-10-2006 by L.L. No. 8-2006; 12-18-2006 by L.L. No. 20-2006]
A. Building permits required.
(1) Except as otherwise provided in Subsection
B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
(2) Permits are also required for the following:
(a)
Any excavation for or the construction of any
building or structure, including fireplaces, chimneys and accessory
buildings.
(b)
Any excavation for or the construction of a
subsurface sanitary disposal system.
(c)
The moving, alteration or demolition of, or
any addition to any building or structure.
(d)
Reroofing of any building or structure.
(e)
Initial erection of a radio installation, amateur
(HAMS).
(f)
Commencement of any soil disturbing activity
(SDA), as defined in this chapter.
(g)
Initiation of any construction of infrastructure,
including roads, utilities and drainage systems, for any approved
subdivision or site plan.
(h) Tier 1, roof-mounted solar energy systems shall incorporate, when
feasible, the following design requirements:
[Added 3-21-2011 by L.L. No. 9-2011; amended 10-18-2021 by L.L. No.
6-2021]
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
[4]
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
[5]
Glare: All solar panels shall have anti-reflective coating(s).
[6]
Height: All roof-mounted solar energy systems shall be mounted
no more than two feet above the roof for residential structures and
four feet for commercial structures. The height of system will be
measured from the highest natural grade below each solar panel.
[7]
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
(i) Tier 2 and Tier 3 solar energy systems are subject to the requirements of Article
XIV and Article
XVI.
[Added 10-18-2021 by L.L. No. 6-2021]
B. Exemptions. No building permit shall be required for
work in any of the following categories:
(1) Construction or installation of up to two single-story
detached structures associated with one- or two-family dwellings or
multiple single-family dwellings (townhouses) which are used for tool
and storage sheds, playhouses or similar uses, provided that the gross
floor area does not exceed 144 square feet each. No more than two
sheds of any size shall be allowed per parcel.
[Amended 2-7-2011 by L.L.
No. 6-2011]
(2) Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3) Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above the ground;
(4) Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5) Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(6) Construction of temporary motion picture, television
and theater stage sets and scenery;
(7) Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8) Installation of partitions or movable cases less than
five feet nine inches in height;
(9) Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(11)
Replacement of any equipment, provided that
the replacement does not alter the equipment's listing or render it
inconsistent with the equipment's original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire-protection system for any period of time.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1) A description of the proposed work;
(2) The Tax Map number and the street address of the premises
where the work is to be performed;
(3) The occupancy classification of any affected building
or structure;
(4) Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5) At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection
D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. Issuance. In applying to the Building Inspector for
a building permit, the applicant shall submit a dimensioned sketch
or plan, to scale, indicating the shape, size, height and location
in relation to all property lines and to street lines of all buildings
or structures to be erected, altered or moved and of any building
or structure already on the lot. This sketch shall be accompanied
by a written statement from a qualified engineer or other satisfactory
evidence to the effect that the line of the bounding street has been
accurately located and staked on the ground. The applicant shall also
state the existing or intended use of all such buildings and supply
other information as may be required by the Building Inspector to
ensure that the provisions of this chapter are being observed. If
the proposed excavations, construction, alterations or moving set
forth in the application are in conformity with the provisions of
this chapter and other local laws or ordinances of the Town of Clifton
Park then in force, the Building Department shall issue a permit for
such excavation, construction, alteration or moving.
G. Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H. Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
Building Permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I. Refusal. If a building permit is refused, the Building
Inspector shall state such refusal in writing, with the cause, and
shall immediately mail notice of such refusal to the applicant at
the address indicated on the application.
J. Upon project completion, the applicant shall submit
a final set of as-built plans and specifications on a CD utilizing
software acceptable and usable by the Town of Clifton Park. This
shall apply only to those plans requiring the stamp and signature
of a professional engineer or registered architect. This requirement
may be waived at the sole discretion of the Director of Building and
Development.
[Amended 12-12-2022 by L.L. No. 3-2022]
K. Term. Every such permit shall expire at the end of
one year from the date of issue. The Building Inspector may grant
up to two six-month extensions at no additional cost to the permittee,
provided that the permittee applies for such extension prior to expiration.
(1) If the permittee does not renew the permit for a six-month extension prior to the permit expiration date but does apply for the extension within 30 days of the expiration date, a fee of $45 for residential permits and $150 for commercial permits shall be paid as outlined in §
103-16, Building permit fees.
(2) If construction is not completed within the allowed two-year maximum, the applicant may request a final extension from the Building Inspector, provided that proof of substantial completion (90% of the project cost or more) of the project is submitted and a definitive time line of six months or less is provided. The fee for this final extension shall be $300 for commercial projects and $90 for residential projects so long as a new review of some portion of the project is not required. Review fees, if needed, are outlined in Chapter
103.
(3) If the project is not substantially complete and/or cannot be completed within six months of the two-year maximum, the applicant shall apply for a new permit (with new document submission) and pay all fees associated with a new permit as outlined in Chapter
103.
L. Revocation of building permit. The Building Inspector
may revoke a building permit theretofore issued in the following instances:
(1) Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2) Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3) Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4) Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order, as hereinafter
defined, issued by the Building Inspector.
M. Stop-work orders. Whenever a Building Inspector or
his designee has reasonable grounds to believe that any work is being
prosecuted in violation of the provisions of the applicable zoning
or building laws or regulations or other sections of the Town Code,
including but not limited to the New York State Uniform Fire Prevention
and Building Code, or not in conformity with the provisions of an
application, plans or specifications on the basis of which a permit
was issued or in an unsafe and dangerous manner, he may order the
owner of the property or the owner's agent or the person performing
the work to suspend all work, and any such persons shall forthwith
stop such work and suspend all related activities until the stop order
has been rescinded. Such order shall be in writing 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
or area of concern and sending a copy of the same by certified mail
to the address set forth in the application for the permit or to the
owner's address of record in the Assessor's office. The person to
whom a stop-work order has been issued shall report to the Department
of Building and Development to determine the corrective action required
to get the stop-work order rescinded. If said person desires such
information in writing, he may submit a written request and the Department
will provide such information in writing within three working
days after receipt of the request.
N. Right of entry. Any building official, upon showing
of proper credentials and in the discharge of his duties, may enter
upon any building, structure or premises at any reasonable hour, and
no person shall interfere with or prevent such entry. However, no
such building official may, without the expressed consent of the owner
or occupant of suitable age and discretion, enter a residence after
a certificate of occupancy has been issued therefor, without having
first obtained an order or warrant from a court of competent jurisdiction.
O. Tests. Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly or the installation
thereof does not conform to the requirements of the applicable building
laws or regulations, the Building Inspector may require the same to
be subjected to tests in order to furnish proof of such compliance
and/or may request certification by a licensed engineer. The cost
of any such tests or certifications and the cost of furnishing proof
of such compliance shall be borne by the owner of the property or
the person performing the work and in no event shall be borne by the
Town of Clifton Park.
P. Effect. The issuance of a permit shall in no case
be construed as waiving any provision of this chapter.
Q. Fee. The fee specified in or determined in accordance with the provisions set forth in §
103-16, Building permit fees, must be paid at the time of issuance of a building permit or an amended building permit or for renewal of a building permit.
[Added 12-18-2006 by L.L. No. 20-2006]
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection
B of this section is ready for inspection.
B. Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building
permit;
(3)
Preparation for concrete slab;
(5)
Building systems, including underground and
rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
(10)
A final inspection after all work authorized
by the building permit has been completed.
(11)
Stormwater pollution prevention and erosion
and sediment control measures.
C. Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or the Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or the Energy Code
shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Uniform Code and
the Energy Code, reinspected, and found satisfactory as completed.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
103-16, Building permit fees, must be paid prior to or at the time of each inspection performed pursuant to this section.
[Added 12-18-2006 by L.L. No. 20-2006]
A. Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to, commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Clifton Park.
(2)
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection
A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Code Enforcement Officer. Such application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Officer determines that
tests or reports are necessary to verify conformance, such tests or
reports shall be performed or provided by such person or persons as
may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant.
C. Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject
premises prior to the issuance of an operating permit.
D. Multiple activities. In any circumstance in which more than one activity listed in Subsection
A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. Duration of operating permits. Operating permits shall
remain in effect until reissued, renewed, revoked, or suspended.
F. Revocation or suspension of operating permits. If
the Code Enforcement Officer determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
103-16, Building permit fees, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
The regulations, restrictions and boundaries
established by this chapter may from time to time be amended, supplemented,
changed or modified or repealed as provided by § 265 of
the Town Law. However, all amendments to this chapter which would
change the district classification of or the regulations applying
to real property lying within a distance of 500 feet from the boundary
of the Town of Clifton Park or the boundary of any county or state
park or other recreational area or from the right-of-way of any county
or state parkway, thruway, expressway or other controlled-access highway
or from the right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines or
from the boundary of any county- or state-owned land on which a public
building or institution is situated, shall be referred to the Saratoga
County Planning Board. If the Saratoga County Planning Board fails
to report within 30 days after receipt of a full statement of such
referred matter, the Town Board of Clifton Park may act without such
report. If the Saratoga County Planning Board disapproves of the proposed
amendment, supplement, change or modification or recommends modification
of the proposal of the Town of Clifton Park, the Town Board shall
not act contrary to such disapproval or recommendation, except by
a majority vote of all the members thereof and after the adoption
of a resolution fully setting forth the reasons for such contrary
act.