[HISTORY: Adopted by the Town Board of the
Town of Holland as indicated in article histories. Amendments noted
where applicable.]
[Pursuant to Article 18 of the Executive
Law, the New York State Uniform Fire Prevention and Building Code
will be the controlling provisions in regard to building construction
in the Town of Holland. A copy of the Uniform Fire Prevention and
Building Code is on file in the office of the Town Clerk.]
[Adopted 7-13-1988 by L.L. No. 2-1988]
For the purpose of promoting the general welfare
of the Town of Holland, the Town Board does hereby enact this Article
to regulate the use and occupation of property within the Town of
Holland in accordance with the powers and authority granted it under
the New York Town Law. This Article contains provisions for building
zoning permits, certificates of occupancy and inspections.
In order for a better understanding of these
matters, the following is a summary of relevant information:
A.
Building zoning permits.
(1)
A building zoning permit is used by the Town of Holland
to determine whether proposed construction complies with relevant
zoning laws[1] and building codes. A permit is required prior to the
commencement of construction in order to establish the mechanism whereby
the Town receives notice that construction is contemplated for a certain
piece of property. Such notice is of benefit not only to the Town
but also to other interested members of the community.
(2)
The application for a building zoning permit requires information sufficient to enable the local officials issuing the permit to make the determination that the proposed work will be in conformance with the requirements of Chapter 120, Zoning. Adoption of the permit system provides officials with an opportunity to review all proposed work for code compliance prior to the commencement of construction activity.
(3)
Exceptions to the requirements for a building zoning
permit are the following:
(a)
Necessary repairs which do not materially affect structural
features.
(b)
Replacement of windows and doors.
(c)
Alterations to existing buildings, provided that they:
[1]
Do not materially affect structural features.
[2]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits.
[3]
Do not involve the installation or extension
of electrical systems.
[4]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys or flues.
(4)
Although exceptions to the requirements for a building
zoning permit are permitted for the three types of construction listed
above, such work still must comply with any applicable provisions
of the New York Uniform Fire Prevention and Building Code. Furthermore,
it is within the power of local officials to inspect such construction
to determine whether such construction conforms to the New York Uniform
Fire Prevention and Building Code despite the fact that the minimum
standards allow exceptions.
(5)
Fees are charged by the Town as part of the application
process for a building zoning permit. These fees provide income to
offset, at least in part, the costs incurred in enforcing the Code.
The amount of fees charged are established within the legislation.
(6)
The Town requires a permit fee to be paid at the time
that the application is filed. The fee charged is designed to cover
the whole construction process. The initial fee is based on an estimated
cost of construction, and if the actual construction costs are greater,
the fee is adjusted to reflect the actual costs before issuing a certificate
of occupancy.
(7)
All building zoning permits shall expire one year
from the date of issuance unless substantial construction has been
initiated prior to such date of expiration. Any construction must
be completed within two years from the date of issuance of the permit
unless extended by the Building Safety Inspector/Zoning Enforcement
Officer for good cause shown but in no event longer than three years.
[Added 7-9-1997 by L.L. No. 4-1997]
B.
Certificate of occupancy. The certificate of occupancy
is a device used to restrict the use of a building or structure to
a specific type of use or occupancy. This Article prohibits the use
of new buildings or new additions to existing buildings until a certificate
of occupancy has been issued. By issuing a certificate of occupancy,
the Town acknowledges that construction has been completed and that
no material violations of applicable Code provisions have been observed
during the course of construction.
C.
Inspections.
(1)
The Town of Holland has an ongoing comprehensive program
of inspections essential to successful enforcement. Such inspections
include the following:
(a)
When a building zoning permit has been issued, inspections
are conducted during the course of construction for the purpose of
observing the compliance of construction with the Code.
(b)
Prior to the issuance of a certificate of occupancy.
(c)
Periodic general inspection by Building Safety Inspector/Zoning
Enforcement Officers.
(d)
In response to bona fide complaints regarding conditions
or activities allegedly failing to comply with the Code.
(2)
Through such inspections and procedures, compliance
with the Code is enforced benefiting all property owners within the
Town.
The Building Safety Inspector/Zoning Enforcement
Officer and the Ordinance Enforcement Officer are separate positions,
but they can be combined as one at the Town Board's discretion.
The Building Safety Inspector/Zoning Enforcement
Officer may revoke a building zoning permit theretofore issued and
approved in the following instances:
A.
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 zoning permit was based.
B.
Where he finds that the building zoning permit was
issued in error and should not have been issued in accordance with
the applicable law.
C.
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.
D.
Where the person to whom a building zoning permit
has been issued fails or refuses to comply with a stop order issued
by the Building Safety Inspector/Zoning Enforcement Officer.
Whenever the Building Safety Inspector/Zoning
Enforcement Officer 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 the provisions of an application, plans
or specifications on the basis of which a building zoning 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 a copy of the same
by registered mail.
The Building Safety Inspector/Zoning Enforcement
Officer, upon the showing of proper credentials and in the discharge
of their duties, may enter upon any building, structure or premises
at any reasonable hour, and no person shall interfere with or prevent
such entry.
A.
No use or occupancy of land shall be hereafter established,
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 Building Safety Inspector/Zoning Enforcement Officer
in accordance with the provisions of the State Uniform Fire Prevention
and Building Code. The certificate of occupancy specified in this
section shall not be issued until approval has been granted, in writing,
by the Erie County Department of Health.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building zoning permit, shall continue to be occupied or used
for more than 30 days after completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Safety Inspector/Zoning Enforcement Officer.
C.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building zoning permit, the Building Safety Inspector/Zoning
Enforcement Officer shall issue a certificate of occupancy upon the
form provided by him.[1]
[1]
Editor's Note: Former § 55-8, Building zoning permit fees, amended 1-8-1992 by L.L. No. 1-1992; 6-9-2004 by L.L. No. 2-2004; and which immediately followed this section, was removed 5-12-2021 by L.L. No. 1-2021 and relocated to Ch. A126, Fees. Such Fee Schedule was subsequently removed from the Code. The current Fee Schedule is on file in the Town offices.
