No building in any district shall be erected,
reconstructed or restored or structurally altered without a building
permit duly issued upon application to the Building Inspector. No
building permit shall be issued unless the proposed construction or
use is in full conformity with all provisions of this chapter. Any
building permit issued in violation of the provisions of this chapter
shall be null and void and of no effect without the necessity for
any proceedings or revocation or nullification thereof and any work
undertaken or use established pursuant to any such permit shall be
unlawful.
A. Every application for a building permit shall contain
the following information and be accompanied by the required fee and
by a plot plan drawn to scale and signed by the person responsible
for such drawing. If no such plot plan is available, a survey may
be required to be prepared by a licensed engineer or land surveyor.
The information shall be as follows:
(1) The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated if an existing building.
(2) The block and lot numbers as they appear on the latest
tax records.
(3) The exact size and locations on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot.
(4) The dimensions of all yards in relation to the subject
building and the distance between such building and any other existing
buildings on the same lot.
(5) The existing and intended use of all existing or proposed
buildings, the use of land and the number of dwelling units the building
is designed to accommodate.
(6) Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
B. No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway except as stipulated in § 280-a of the Town Law.
C. 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.
D. No building permit shall be issued for a building
to be used for any conditional use in any district where such use
is allowed only by approval of the Planning Board unless and until
such approval has been duly granted by the Planning Board.
E. The building permit application and all supporting
documentation shall be made in triplicate. On the issuance of a building
permit, the Building Inspector shall return one copy of all filed
documents to the applicant.
F. The Building Inspector shall, within 10 days after
the filing of a complete and properly prepared application, including
Planning Board and/or other governmental agency approval if such be
necessary, either issue or deny a building permit. If a building permit
is denied, the Building Inspector shall state in writing to the applicant
the reason for such denial.
G. Every building permit shall expire if the work authorized
has not commenced within 12 months after the date of the issuance
or has not been completed within 18 months from such date for construction
costing less than $1,000,000 and has not been completed within 30
months from such date for construction costing in excess of such amount.
If no zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Building Inspector
may authorize in writing the extension of either above periods for
an additional six months, following which no further work is to be
undertaken without a new building permit.
H. As soon as the foundation of a building or of any
addition to an existing building is completed and before framing or
wall construction is begun, the Building Inspector may require an
accurate survey, signed by the person responsible for said survey,
showing the exact location of such foundation with respect to the
street line and lot lines of the lot.
I. A fee shall be imposed for the issuance of all building permits in accordance with §
50-5 of the Town Code. The fees for all permits required pursuant to this article shall be paid at the time each building permit is submitted and shall be in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
[Amended 9-27-2017 by L.L. No. 1-2017]
[Amended 6-7-2005 by L.L. No. 2-2005]
A. The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector:
(1) Occupancy and use of a building erected, reconstructed,
restored, structurally altered, moved or any change in use plan existing
building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for any
conditional use of a building or any land or use requiring site plan
approval unless and until such conditional use or site plan approval
has been duly granted by the Planning Board. Every certificate of
occupancy for which conditional use or site plan approval has been
granted or in connection with which a variance has been granted by
the Board of Appeals shall contain a detailed statement of any condition
to which the same is subject.
C. On a form furnished by the Building Inspector, application
for a certificate of occupancy for a new building or for an existing
building which has been altered shall be made after the erection of
such building or part thereof has been completed in conformity with
the provisions of this chapter.
D. If the proposed use is in conformity with the provisions
of this chapter and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land,
a change of use or for a nonconforming use shall be issued by the
Building Inspector within 10 days after receipt of a properly completed
application. If a certificate of occupancy is denied, the Building
Inspector shall state the reasons in writing to the applicant.
E. A certificate of occupancy shall be deemed to authorize
and is required for both initial occupancy and the continuance of
occupancy and use of the building or land to which it applies.
F. Upon written request by the owner and upon payment
of a fee of $10, the Building Inspector shall, after inspection, issue
a certificate of occupancy for any building or use thereof at the
time of the adoption of this chapter, certifying such use, or give
reasons for disapproval.
G. A record of all certificates of occupancy shall be
kept in the office of the Building Inspector and copies shall be furnished
on request to any agency of the Town or to any persons having a proprietary
or tenancy interest in the building or land affected.
H. Certificate of compliance.
(1) Certificates of compliance shall be used to indicate
conformance with this chapter and the Uniform Code for installations
which require inspection but would not be issued a certificate of
occupancy. Such installations include but are not limited to solid-fuel-burning
heating appliances and their associated chimneys and flues, swimming
pools and their fences, plumbing installations and removal of underground
tanks and firesafety inspections.
(2) Certificates of compliance shall be issued by the
Building Inspector or Fire Marshal only after inspection which shows
that installation is in conformance with this chapter and the Uniform
Code.
(3) Certificates of compliance may be revoked when there
has been substantial and unauthorized change in conditions which renders
or may render the installation not in conformance with this chapter
and the Uniform Code.