Town of Pound Ridge, NY Administration and Enforcement

The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits, certificates of conformance and certificates of occupancy.

The Building Inspector shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, office or employee of the Town, and such record shall show the disposition of all such violations.

The Building Inspector shall make a report to the Town Board, in writing, at least once every three months, reporting the number and type of building permits, certificates of conformance and certificates of occupancy issued and listing all reported or continuing violations of this chapter and the disposition or pending action of such violations.

§ 113-91 Building permits.

No "building" or "structure" shall be erected, enlarged, structurally altered, reroofed, demolished, moved or removed, wholly or partly, and no excavation for any "building," "structure" or "use" shall be made until a permit therefor has been issued by the Building Inspector. The conversion to living space of any "garage" or carport attached to a "one-family dwelling" shall be deemed to be the enlargement of a "building" or "structure" within the meaning of this section, and no building permit for any such conversion shall be issued unless the requirements of § 113-72 with respect to a new "one-family dwelling" are complied with. Except upon a written authorization of the Board of Appeals, no such building permit certificate of conformance or certificate of occupancy shall be issued for any "building" where such construction, addition, alteration, moving or "use" thereof would be in violation of any of the provisions of this chapter.

No building permit shall be issued for the construction of any detached accessory "building" of the "structure," inclusive of "garages," utility sheds, storage sheds or any other outbuildings, until such time as the principal "building" of the approved bulk, size and arrangement has been substantially completed on a "lot" conforming in all respects to all applicable provisions of this chapter.

After building permits for permitted construction have been granted in accordance with the appropriate provisions of this chapter, a temporary construction shed may be erected on the "lot" on which primary construction is to be undertaken. Such construction shed shall not be larger in size than 36 square feet unless an application therefor is made to the Building Inspector, such application adequately showing the need for a construction shed of larger size. At the discretion of the Building Inspector, permission may be granted for the temporary erection and "use" of such larger construction shed. All construction sheds shall be immediately removed in the event that the Building Permit originally issued by the Building Inspector either expires or becomes void or immediately upon completion of the work authorized by the Building Permit, prior to the issuance of a certificate of conformance and/or certificate of occupancy, as required. Under no circumstance shall any construction shed be used for residential purposes.

A building permit shall be void if construction is not started within a period of 60 days or completed within a period of one year of the date of said permit. Such building permit may be renewed by the Building Inspector for an additional period of time, under the same procedure and pursuant to the provisions of this chapter, as they may apply. Renewal of a building permit shall require the preparation and submittal of a construction phasing schedule which shall give priority to completion of the exterior building and site improvements, and which schedule shall be a condition of said Building Permit renewal.

In addition to any information required by the Building Inspector to determine conformance with the New York State Building Code, there shall be submitted with all applications for building permits three copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the "lot" to be built upon, the exact size and location on the "lot" of the existing "building" and "accessory buildings" and the lines within which the "building" or "structure" is to be erected or altered, the existing and intended "use" of each "building" or part thereof, the number of families or housekeeping units that a "building" is designed to accommodate and such other information with regard to the "lot" and neighboring "lots" that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on the plan relating to the location and size of the "lot" to be built upon shall be used on an actual survey prepared by a licensed land surveyor, and the "lot" shall be staked out on the ground before construction is started. The Building Inspector, after inspection of the property, may require information relative to the contours of the "lot" where the "building" or "buildings" are to be located.

No building permit for the erection of a new "building" shall be issued before the applicant therefor has filed with the Building Inspector two prints of a plot plan showing the proposed "building" in relation to all property lines prepared by a licensed architect. All proposed new "buildings" shall be staked out by or under the supervision of a licensed land surveyor, and a signed Statement from the surveyor that the proposed "building" has been staked out in conformity to the approved plot plan shall be filed with the Building Inspector before footings are poured. After installation of footings (which may include foundation corners and/or the first course of the foundation) and prior to inspection of the same by the Building Inspector, a survey showing the location of the footings, as aforesaid, in place shall be prepared by a licensed surveyor and filed with the Building Inspector. The footings survey shall also indicate the location of any portion beyond the footings as shown by the "building" plans or architect's drawings. If the foregoing survey discloses any violations of the setback provisions of this chapter with respect to any portion of the proposed "building," all construction work shall cease until conformity is achieved, subject to the right of the applicant to appeal from the decision of the Building Inspector.

In the case of proposed additions to existing "buildings" and "structures," or where a permit is requested for an "accessory building," the survey requirements hereinabove described may, at the option of the Building Inspector, be modified where there is on file with the Building Inspector a survey showing the location of existing improvements and setbacks and where the Building Inspector can adequately determine from such survey that a proposed addition or "accessory building," as shown on a site plan, will not result in a setback violation.

Swimming pools.

No property owner shall commence construction of any private swimming pool on any property before obtaining a permit therefor from the Building Department of the Town of Pound Ridge. Said permit shall be issued only after the filing of an application with the Building Department, said application to be accompanied by one set of plans reflecting width, length and depth of such swimming pool. In addition thereto, a survey of the property upon which said swimming pool is to be located shall be filed with the application, and said survey shall specifically locate the swimming pool to be constructed.

No portion of any swimming pool permitted under this chapter shall be located closer than 50 feet from any property line or within a supplementary setback as indicated on the survey, subdivision plat or approving resolution submitted as required hereinabove. It shall be mandatory that spilloffs and drainage from any swimming pool shall be controlled in a method approved by the Building Inspector and in accordance with § 113-36.

A filing fee in such amount as may be, from time to time, fixed by resolution of the Town Board shall accompany each application for a swimming pool permit.

Tennis courts.

No property owner shall commence construction of a private tennis court on any property before obtaining a permit therefor from the Building Department of the Town of Pound Ridge. Said permit shall be issued only after the filing of an application with the Building Department, said application to be accompanied by one set of plans reflecting width and length of such tennis court. In addition thereto, a survey of the property upon which said tennis court is to be located shall specifically locate the tennis court to be constructed. No portion of any tennis court, including the "fence" surrounding the court, permitted under this chapter shall be located closer than 50 feet from any property line or within a supplementary setback "building" area as indicated on the survey, subdivision plat or approving resolution submitted as required hereinabove.

A filing fee in such amount as may be, from time to time, fixed by resolution of the Town Board shall accompany each application to construct a tennis court.

The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed "building" sites will be reasonably safe from flooding. If the proposed "building" site is in a location that has a flood hazard, any proposed new construction or substantial improvement must be designed or modified and anchored to prevent flotation, collapse or lateral movement of the "structure"; "use" construction materials and utility equipment that are resistant to flood damage; and "use" construction methods and practices that will minimize flood damage and comply with all other requirements of the Flood Damage Prevention Law.[1]

[1]

Editor's Note: See Ch. 60, Flood Damage Prevention.

§ 113-92 Certificates of conformance and occupancy.

It shall be unlawful for an owner to make or permit any new "use" of land or to "use" or permit the "use" of any "building" or "premises," or part thereof, created, erected, changed, converted or enlarged, wholly or partly, in its "use" or "structure" after the effective date of this amended chapter until a certificate of conformance and occupancy shall have been issued by the Building Inspector. Such certificate shall state that such "building" or "premises," or part thereof, and the proposed "use" thereof are in complete conformity with the provisions of this chapter. The lack of a certificate of conformance and occupancy for "uses" and "buildings" existing as of the date of the adoption of this chapter shall not, of itself, be deemed to be nonconformance with this chapter. It shall be the duty of the Building Inspector to issue a certificate of conformance and occupancy, provided that he is satisfied that the "building" and the proposed "use" of the "building" or "premises" conform to all the requirements herein set forth. A certificate of conformance and occupancy shall be applied for coincident with an application for a building permit.

A certificate of conformance and occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and "use" of the "building" or land to which it applied and shall continue in effect as long as such "building" and the "use" thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.

The Building Inspector 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. Upon written request from the owner, the Building Inspector shall issue a certificate of conformance and occupancy for any "building" or "premises," certifying, after inspection, that the extent and kind of "use" and disposition conforms to the provisions of this chapter.

Properties adjoining roads under construction.

No certificate of conformance or certificate of occupancy shall be issued for a "building" or "premises" or part thereof, access to which is from a road or roads in a new subdivision, the plat of which has been approved by the Planning Board and filed with the County Clerk, which road is being, or is to be, constructed under a performance bond, unless the Planning Board has certified to the Building Inspector that the traveled way, together with its accessory storm drainage facilities, giving access to the "building" or "premises" is suitably improved for vehicular access by the occupant and by fire and police equipment and that agreements satisfactory to the Town Attorney have been presented to the Planning Board providing for the maintenance of such road in all-weather passable condition at all times. Such maintenance responsibility shall also include adjoining public or private roads required for such access wherein the developer has or will have done any construction work in connection with said subdivision.

In the event that said roads are not continuously maintained in an all-weather passable condition, the Town Engineer and/or the Building Inspector shall notify the developer, in writing (certified mail, return receipt requested) as to the nature of the deficiency and the action necessary to return the road to an all-weather passable condition. Failure of the developer to proceed with effective remedial action within 24 hours, in the case of surface condition maintenance, or 48 hours, in the case of road construction failures, following the receipt of such written notice shall be cause for the Town Engineer and/or Building Inspectors upon authorization by the Supervisor, to have the necessary work done. The charges for such work shall be reimbursed out of such performance bond, as provided in the Land Development Regulations.[1]

[Amended 4-9-1998 by L.L. No. 3-1998]

[1]

Editor's Note: See Ch. A117, Land Development Regulations.

§ 113-92.1 Performance and restoration guarantees.

[Added 4-11-2003 by L.L. No. 4-2003]

The Town Board, the Planning Board, the Zoning Board of Appeals, the Water Control Commission and the Building Inspector are hereby authorized to require the establishment of performance and restoration guarantees as part of any permit or approval issued or granted thereby. Unless otherwise waived by the approving or permitting agency, a letter of credit, performance bond or equivalent financial security shall be delivered to the Town to guarantee thereby to the Town that the applicant shall:

Faithfully cause to be constructed and completed within a reasonable time, to be determined by the Building Inspector, the required improvements as indicated on any plans approved by the Town Board, Planning Board, the Zoning Board of Appeals, the Water Control Commission, or as required for permits issued by the Building Inspector.

Restore and remedy any violations of the Town Code or the approved plans as directed by the approving or permitting agency; and

Reimburse the Town for any professional fees associated with inspections, reports and legal proceedings authorized by the Town as necessary to ensure the enforcement, compliance and remediation of violations of the approved plans or provisions of the Town Code.

Procedures. The Town shall require letters of credit, performance bonds or equivalent financial security for any construction and site work involving grading, curbs, sidewalks, utilities, lighting, driveways, parking lots, plantings, signs, fences, etc., as indicated on the approved plans or building permits as well as restoration and remediation of violations involving such work. Unless otherwise required, no financial guarantees are required for construction of a principal building or structure covered by a building permit.

Unless otherwise modified by the approving agency, the letter of credit, performance bond or equivalent financial security are to be written to cover the full estimated cost of required construction and site work involving public improvements or improvements, protection or remediation that are deemed to be of interest in protecting the health, safety and welfare of the public.

Estimates of construction costs are to be submitted to the approving agency by the applicant's New York State licensed professional engineer, architect or landscape architect.

The letter of credit, performance bond or equivalent financial security shall be submitted to the Building Inspector prior to issuance of any building permit or certificate of occupancy.

(4)

Legal and administrative costs and expenses the Town may incur beyond normal inspections and enforcement proceedings, including professional review fees associated with inspections, reports and legal proceedings authorized by the Town to enforce the approved plans, or other costs incurred by the Town associated with the collection of a letter of credit, performance bond or equivalent security, shall be reimbursed to the Town from the amount set aside in the performance guaranty.

(5)

With 30 days' written notice, a letter of credit, performance bond or equivalent security may be extended for a period not to exceed 12 months at each occurrence. For each extension, the approving agency can require a revised cost estimate and alter the sum required on the letter of credit, performance bond or equivalent security.

(6)

The letter of credit, performance bond or equivalent security will be cancelled by written notice from the Town once the applicant has satisfactorily completed all required construction.

(7)

The approving agency may, upon written request from the applicant, reduce the amount of any financial security in consideration of completed improvements. All requests for extension of time and/or reduction shall be accompanied by an application fee as set forth in the fee schedule for the approving agency.

(8)

All letters of credit, performance bonds or equivalent securities shall be issued by a bank, bonding or surety company approved by the Town Attorney and shall also be approved by such Town Attorney as to form, sufficiency and manner of execution.

(9)

The approving agency may waive the requirement for a letter of credit, performance bond or equivalent financial security when, in the opinion of the Building Inspector, minimal costs are involved in the required site improvements and/or there is minimal risk to the health, safety and welfare of the public.

§ 113-93 Preexisting building permits.

All permits for "buildings" or "structures" issued prior to the effective date of this amended chapter, or prior to the effective date of an amendment to this chapter, shall be null and void unless substantial work has been done toward the completion of said "building" or "structure" as set forth in § 113-31. If construction is not completed within one year, or if "building" operations are discontinued for a period of six months or more, any further construction shall be in conformity with the provisions of this chapter.

§ 113-94 Fee schedule and reimbursement of professional review fees.

All nonrefundable application fees shall be in an amount as may be from time to time set forth in a fee schedule established by resolution of the Town Board. No fees shall be required from the Town or any of its "districts."

Reimbursement of professional review fees. The Town Board, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to it, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in Westchester County and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the approving agency, in accordance with Subsection C(1) herein concerning the establishment of escrow accounts. Such professional review fee reimbursement costs shall bear a reasonable relationship to the average costs for applications of that type. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter, or any other Town law, ordinance or regulations.

Escrow account procedures.

At the time of submission of any application to, and prior to the review by the Town Board, the Planning Board or the Zoning Board of Appeals, the approving agency may require the establishment of an escrow account from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the approving agency based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Town voucher for such services as they are submitted to the Town. When the balance in such escrow account is reduced to 1/2 of the full escrow deposit amount, the applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit, or to some lesser amount as deemed acceptable by the approving agency to complete the review of the application. If such account is not replenished within 20 days after the applicant is notified, in writing, of the requirement for such additional deposit, the approving agency may suspend its review of the application. A building permit or certificate of occupancy or certificate of conformance shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Town. After all pertinent charges have been paid, the Town shall refund to the applicant any funds remaining on deposit.