[Adopted 8-15-1989 by L.L. No. 9-1989]
[Amended 4-16-2024 by L.L. No. 4-2024]
The Town Board of the Town of Cortlandt recognizes
the applicability of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) to the Town of Cortlandt in accordance
with the provisions of § 381 of the Executive Law. All references
to the former New York State Building Construction Code 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 (the Uniform Code) and the State Energy Conservation Construction
Code (the Energy 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.
[Amended 4-16-2024 by L.L. No. 4-2024]
A. No building shall be erected, moved, altered, added to or enlarged
and no excavation for any building shall be begun until a building
permit for such work has been issued by the Director of Code Enforcement
or authorized designee. Every application for a building permit shall
be filed through the approved permitting software or other approved
policy and procedure. 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 construction drawings and plans showing compliance with the Uniform
and Town Code.
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. Applications shall be deemed void if no activity has occurred
for 90 days from the date of initial application.
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 Town Code until a special permit
has been issued by the approving board(s).
D. If the work for which a building permit has been issued is not commenced
within one year 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 renewed 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.
[Amended 4-16-2024 by L.L. No. 4-2024]
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.
(6) Establishment of any use of a building or of land for which a special
permit is required.
B. No such occupancy, use, or change of use shall take place until a
certificate of occupancy has been issued by the Director of Code Enforcement.
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 regulations set forth in the Town Code unless and until a special
permit for such use has been issued by the approving board(s). 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 the Town Code 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 prior
to a request for a final inspection. Such certificate shall be issued
after the erection or alteration of such building or part thereof
has been completed in conformity with the provisions of the Uniform
and Town Code. 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 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 this article, 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.
D. 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.
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 one year 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 this section, 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. A record of all certificates of occupancy shall be kept in the office
of the Director of Code Enforcement, and copies shall be furnished
to any board of the Town or 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.