Town of Holland, NY
Erie County
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Table of Contents
Table of Contents
[Adopted at time of adoption of Code[1]]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I.
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.
[1]
Editor's Note: See Ch. 120, Zoning.
(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 Zoning 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 Code enforcement officers.
(d) 
In response to bona fide compliants 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 Zoning Officer and the Ordinance Enforcement Officer are separate positions, but they can be combined as one at the Town Board's discretion.
The Building Zoning 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 Zoning Officer.
Whenever the Building Zoning 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 Zoning Officer and the 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 Zoning 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 Zoning 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 Zoning Officer shall issue a certificate of occupancy upon the form provided by him.
[Amended 1-8-1992 by L.L. No. 1-1992; 6-9-2004 by L.L. No. 2-2004]
Building permit fees shall be as follows:
Type
Fee
Single-family dwelling
$250
Two-family dwelling
$300
Multifamily dwelling
First 2
$300
Each additional unit
$100
Private garage
Not to exceed 672 square feet
$75
Over 672 square feet
$100
Accessory tool shed
Up to 12 x 16 feet
$20
Over 12 x 16 feet
$50
Addition to residence
Under $1,000
$20
Over $1,000
$50
Sign
$20
Addition to business
Under $1,000
$100
Over $1,000 to $20,000
$300
Over $20,000
$500
Appeal to Board of Appeals
$50
Farm buildings
Up to 1,200 square feet
$50
Up to 3,000 square feet
$100
Up to 4,500 square feet
$150
Over 4,500 square feet
$200
Commercial buildings
Up to 1,200 square feet
$100
Up to 3,000 square feet
$200
Up to 4,500 square feet
$300
Over 4,500 square feet
$400
Flammable liquid tanks
$60
Movable buildings
$60
Solid fuel burning appliance
$25
Fences
$25
Aboveground pools
$25
In-ground pools
$50
Hot tubs (outside)
$25
Fee for late permit
Double the amount of the fee — minimum penalty $100