[HISTORY: Adopted by the Town Board of the
Town of Cortlandt as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-15-1989 by L.L. No. 9-1989]
The Town Board of the Town of Cortlandt recognizes
the applicability of the New York State Uniform Fire Prevention and
Building Code ("Building Code") to the Town of Cortlandt in accordance
with the provisions of § 381 of the Executive Law, effective
January 1, 1984. All references to the former New York State Building
Construction Code (P.L. 1951, c. 800) contained elsewhere in the ordinances,
rules and regulations of the Town of Cortlandt shall, from and after
the effective date hereof, be deemed to refer to the New York State
Uniform Fire Prevention and Building Code, or so much thereof as shall
pertain within the Town of Cortlandt.
No board, agency, officer or employee of the
Town shall issue, grant or approve a permit, license, certificate
or other authorization, including special permits and variances by
the Board of Appeals, for any construction, reconstruction, alteration,
enlargement or moving of any building or for any use of any land or
building that would not be in compliance with the provisions of the
Building Code. Any such permit, license, certificate or other authorization
issued, granted or approved in violation of the provisions of the
Building Code shall be null and void and of no effect, without the
necessity of any proceedings for revocation or nullification thereof,
and such permit, license, certificate or other authorization shall
be unlawful, and no action shall be taken by any board, agency, officer
or employee of the Town purporting to validate any such violation.
A.
No building shall be erected, moved, altered, added
to or enlarged and no excavation for any building shall be begun if
the cost of labor and materials for the work proposed to be done is
estimated at more than $1,500 unless and until a building permit for
such work has been issued by the Director of Code Enforcement. Every
application for a building permit shall be filed on a form provided
by the Office of Code Enforcement. Each application shall fully set
forth the purpose for which the building is proposed to be used, lot
dimensions, lot and block numbers and subdivision name, if any, and
shall be accompanied by duplicate copies of construction drawings
and plans showing compliance with the Building Code and a copy of
the zoning permit required by § 88-41.[1]
B.
Every application for a building permit shall be accompanied
by a fee in accordance with the fee schedule set by resolution of
the Town Board, except that no fee shall be required for the issuance
of a building permit to construct or erect a fallout shelter facility.
C.
No building permit shall be issued or reissued for
a building to be used for any purpose for which a special permit is
required pursuant to the regulations set forth in the schedule constituting
§§ 88-6 through 88-32 unless and until a special permit
for such use has been issued by the Board of Appeals as provided in
§ 88-42.[2]
D.
If the work for which a building permit has been issued
is not commenced within six months after the date of such issuance
or such longer period as the Director of Code Enforcement may authorize,
in writing, because of the occurrence of conditions unforeseen at
the time of issuance, such permit shall expire, and a new permit shall
be obtained before such work is commenced. If the work for which a
building permit has been issued is not completed within one year from
and after the date of issuance of the permit or such longer period
as the Director of Code Enforcement may authorize, in writing, for
the completion of work under way, said building permit shall expire,
and no further work shall be undertaken until a new building permit
has been obtained.
E.
Where a proposed use of land, buildings and other
structures or a proposed building or other structure involves the
installation, extension, relocation or reconstruction of a private
sewage disposal or private water supply system, no building permit
shall be issued and no application for a certificate of occupancy
shall be approved until such systems have been approved by the Westchester
County Department of Health.
[Added 10-8-2002 by L.L. No. 9-2002;
amended 4-11-2006 by L.L. No. 2-2006]
A.
No official of the Town of Cortlandt shall issue any
building permit for the construction of any residence with respect
to major subdivisions hereafter filed in the office of the Clerk of
the County of Westchester, Division of Land Records, unless the following
schedule is adhered to:
[Amended 8-15-2006 by L.L. No. 5-2006]
|
Installation of
Improvement
|
Percentage of
Building Permits
|
|---|---|
|
Rough grading, placement of fill, and compaction
|
33 1/3%
|
|
Base asphalt course, catch basins, drainage
pipes, water lines, and appurtenances
|
66 2/3%
|
|
All other drainage facilities; all other public
facilities
|
All but last 3 or 10% of total permits, whichever
is greater
|
|
Final asphalt course, curbs
|
100%
|
B.
Exclusions. In calculating the aforementioned percentages,
those lots which have frontage on existing public highways shall not
be considered part of the subdivision for the purposes of the application
of this section. A project can be divided into phases either by the
Planning Board or by a plan approved by the Director of Technical
Services, and the above percentages apply within those phases.
A.
A certificate of occupancy shall be obtained from
the Director of Code Enforcement for any of the following:
(1)
Occupancy and use of a building hereafter erected,
structurally altered or moved.
(2)
Change in the use of an existing building, except
to another use of the same type.
(3)
Occupancy and use of vacant land, except for any use
consisting primarily of tilling the soil.
(4)
Change in the use of land, except to another use of
the same type and except for any use consisting primarily of the tilling
of the soil.
(5)
Any change in use of a nonconforming use.
B.
No such occupancy, use or change of use shall take
place until a certificate of occupancy therefor has been issued by
the Director of Code Enforcement, and no such certificate of occupancy
shall be issued until a certificate of zoning compliance has been
issued pursuant to § 88-41.[2] No excavation for any building shall be begun until application
has been made for a certificate of occupancy of such building. No
certificate of occupancy shall be issued or reissued for any use of
a building or of land for which a special permit is required pursuant
to the regulation set forth in the schedule constituting §§ 88-6
through 88-32 unless and until a special permit for such use has been
issued by the Board of Appeals, as provided in § 88-42.
Every certificate of occupancy for a use for which a special permit
has been issued or in connection with which a variance has been granted
in accordance with the provisions of § 88-42 shall contain
a detailed statement of such special permit or variance and of any
condition to which the same is subject.
C.
Written application for a certificate of occupancy
for a new building or for an existing building which has been altered
shall be made at the same time as the application for the building
permit for such building. Such certificate shall be issued within
10 days after a written request for the same has been made to the
Director of Code Enforcement after the erection or alteration of such
building or part thereof has been completed in conformity with the
provisions of the Building Code and after the issuance of a certificate
of zoning compliance pursuant to § 88-41.[3] Pending the issuance of such certificate of occupancy,
a temporary certificate of occupancy may be issued by the Director
of Code Enforcement for a period not exceeding 90 days during the
completion of any alterations which are required under the provisions
of any law or ordinance. Such temporary certificate shall not be construed
as in any way as altering the respective rights, duties or obligations
of the owner or the Town relating to the use or occupancy of the land
or building or any other matter covered by the ordinance, and such
temporary certificate shall not be issued except under such restrictions
and provisions as will adequately assure the safety of the occupants
of the building, land and adjacent buildings and land. The issuance
of such temporary certificate of occupancy shall not be construed
as in any way signifying compliance with the provisions of Chapter
88.[4]
D.
Written application for a certificate of occupancy
for the use of vacant land or for a change in the use of land or of
a building for a change of use of a nonconforming use, as provided
herein, shall be made to the Director of Code Enforcement after the
issuance of a certificate of zoning compliance pursuant to § 88-41.[5] If the proposed use is in conformity with the provisions
of this article and of all other applicable laws and ordinances, the
certificate of occupancy therefor shall be issued within 10 days after
the application for the same has been made.
E.
Every certificate of occupancy shall state that the
building or the proposed use of a building or land complies with all
the provisions of law and of this article and of all other ordinances
of the Town.
F.
If the occupancy and use of a building or of land
for which a certificate of occupancy has been issued is not commenced
within six months after the date of such issuance or such longer period
as the Director of Code Enforcement may authorize, in writing, because
of the occurrence of conditions unforeseen at the time of issuance,
such certificate of occupancy shall expire, and a new certificate
of occupancy shall be obtained before such occupancy and use are commenced.
G.
A certificate of 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 applies and shall continue in effect so long as such building and the use thereof or the use of such land is in full conformity with the provisions of this article and any requirement made pursuant thereto. On the conviction of any violation of any of said provisions or requirements with respect to any building or the use thereof or of land as provided in § 131-4, the certificate of occupancy for such use shall thereupon, without further action, be null and void, and a new certificate of occupancy shall be required for any further use of such building or land.
H.
Duplicate copies of every certificate of occupancy
shall be filed with the Town Clerk and the Town Assessor. A record
of all certificates of occupancy shall be kept in the office of the
Director of Code Enforcement, and copies shall be furnished, on request,
to the Planning Board or to any person having a proprietary or tenancy
interest in the building or land affected.
The Building Inspector shall be appointed by
the Town Board, who shall prescribe his qualifications and fix his
compensation. It shall be his duty to enforce the provisions of the
Building Code as directed by the Director of Code Enforcement. The
Building Inspector and his duly authorized assistants shall have the
right to enter any building or enter upon any land during the daytime
in the course of their duties. Files of all applications for building
permits and plans submitted therewith and for certificates of occupancy
issued by the Director of Code Enforcement, which files and records
shall be maintained under the supervision of the Director of Code
Enforcement and shall be open to public inspection.
[Amended 8-11-2020 by L.L. No. 2-2020]
Records shall be kept in the Office of Code
Enforcement of every identifiable complaint of a violation of any
of the provisions of the Building Code and the actions taken consequent
to each such complaint, which records shall be public records. The
Director of Code Enforcement shall report to the Town Board periodically,
at intervals of not greater than three months, summarizing for the
period since his last previous report all permits and certificates
of occupancy issued by the Department and all complaints of violation
and the action taken by him. A copy of each such report shall be filed
with the Planning Board at the same time that it is filed with the
Town Board.
[Amended 8-17-1993 by L.L. No. 2-1993]
A.
Any person or corporation, whether as owner, lessee,
principal, agent, employee or otherwise, who or which violates any
of the provisions of this article or permits any such violation or
fails to comply with any of the requirements thereof or who erects,
constructs, reconstructs, alters, enlarges, converts, moves or uses
any building or uses any land in violation of any detailed statement
or plans submitted by him and approved under the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not to exceed $250 or up to 15 days
in jail. In lieu of any of the above penalties, the Department of
Code Enforcement may elect to impose a civil penalty for the violation
of any part of this article. The civil penalty sought shall not be
less than $250 nor greater than $3,000 for each violation of this
article. An action to recover a civil penalty may be commenced in
any court of competent jurisdiction in the name of the Town of Cortlandt
by the Director of Code Enforcement.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used in violation of this article, the proper local authorities
of the Town, in addition to other remedies, may institute an appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain,
correct or abate such violation, to prevent the occupancy of said
building, structure or land or to prevent any illegal act or conduct,
business or use in or about such building, structure or land.
C.
Upon its becoming aware of any violation of the provisions
of this article, the Department of Code Enforcement shall serve notice
of such violation on the person or corporation committing or permitting
the same, and if such violation has not ceased within such reasonable
time as may be specified it shall institute such action as may be
necessary to terminate the violation. Furthermore, a stop-work order
may be posted and served by the Department of Code Enforcement directing
that all work cease on a particular site until compliance has been
had. Anyone who fails to obey or deliberately removes a stop-work
order from where it is posted shall be guilty of a separate and distinct
violation of this article.
[Adopted 4-20-2010 by L.L. No. 10-2010]
When a property in the Town is purchased or sold, normally a
departmental search is requested from the Department of Code Enforcement.
That search often reveals that there may be an outstanding building
permit that had been issued, with respect to the particular property,
prior to 1980. Due to the age of these permits, it is often quite
difficult to reconstruct whether or not the improvement was even made
or, if made, whether an inspection was actually done and no certificate
of occupancy issued for some reason. It is the desire of the Town
Board to allow administrative flexibility with respect to closing
out these permits, since they are more than 30 years old and in all
events unlikely to be of issue. It is with this intent in mind that
the Board adopts this article.
Any building permit on the records of the Town that was issued
with respect to any property in the Town prior to 1980 may be given
an administrative certificate of closeout by the Director of Code
Enforcement should it be determined that there are no records to indicate
whether the construction was ever conducted or, if built, whether
any future inspections were done. A certificate of closeout issued
by this Department does not indicate that inspections were made. However,
it does indicate that this building permit is not a violation of record
and that the property is not subject to any enforcement because of
this open permit.
The Director of Technical Services is hereby authorized to promulgate
a written procedure to be followed by the Department with respect
to investigating when a certificate of closeout can be issued by this
Department. Said rules shall be posted in the Department and filed
with the Town Clerk within 30 days following the adoption of this
article.
Nothing in this article shall mandate that the Director of Technical
Services issue any certificate or approval where any life-safety situation
currently exists on the property at the time that a request for a
departmental search is being made.
