This chapter shall be administered and enforced
by the Building Inspector, who shall be appointed by the Town Board.
The Town Board may appoint Deputy Building Inspectors to assist and
act for the Building Inspector or Code Enforcement Officer. The Town
Board may, by resolution, adopt rules and procedures necessary for
the administration and enforcement of this chapter.
Each application for a building permit and application
for a certificate of occupancy shall be submitted to the Building
Inspector and shall be accompanied by the following:
A.
Plot plan. Two copies of a plot plan, drawn to scale,
showing all the following information, both existing and proposed:
(1)
The area of the lot and the dimensions and angles
or bearings of all boundaries of the lot and of any easements, encroachment
lines, building lines and open space reservations upon the lot.
(2)
The location, setbacks, dimensions, height, use, floor
area and ground coverage of all buildings and other structures.
(3)
The location, number, area and dimensions of off-street
parking and loading spaces, any construction, including paved areas
proposed in connection therewith, and the means of access to such
spaces.
(4)
The location of any water supply well site and any
private sewage disposal system.
(5)
The location of watercourses, water bodies and wetlands.
(6)
The location, area and dimensions of any signs.
(7)
Such additional information as may be necessary to
determine compliance with the provisions of this chapter.
B.
A plot plan is not required for interior alterations
of an existing building, exterior alternations of an existing building
where there is no enlargement or extension of floor area or for buildings,
structures or improvements having a value of less than $1,000 unless
the Building Inspector finds that a plot plan is necessary in order
to determine compliance with this chapter. The Building Inspector
shall require that plot plans accompanying applications which pertain
to nonconforming buildings, structures or lots be prepared by and
bear the seal of a land surveyor or professional engineer licensed
to practice in the State of New York and shall submit such applications
to the Planning Board for its review and approval.
C.
A certification signed by the Building Inspector and/or
appropriate Town officer that indicates, as of the application date,
that there are no outstanding and unresolved violations of building
and/or zoning codes with respect to the subject property. The Planning
Board shall not review any application for site plan approval in connection
with any property which has any outstanding and unresolved violations
of building and/or zoning codes filed against it.
[Added 6-24-2003 by L.L. No. 11-2003]
[Amended 4-24-2003 by L.L. No. 7-2003]
When an application for a building permit and
certificate of occupancy for a commercial use or major subdivision
needs site plan approval, subdivision approval, or the securing of
a special permit, or a granting of a variance by the Zoning Board
of Appeals, the Building Inspector shall promptly notify the Town
Board in writing that such an application has been received and shall
transmit a copy of the application to the Southeast Planning Board,
Zoning Board of Appeals, Town Planner, and Town Engineer, together
with the accompanying maps, plans, data and documents. An Approvals
Flowchart indicating the appropriate sequence of referrals and approvals
is hereby made a part of this chapter. The Approvals Flowchart is
located at the end of this chapter.
The following procedures, standards and conditions
shall be applicable to the approval of applications that are subject
to the approval and submission of a site plan:
A.
Additional information and review. The Planning Board shall review the application and plan to determine the completeness thereof and compliance with the provisions of this chapter, including but not limited to the standards of Article IX. The Planning Board, upon written request by the applicant, may, by resolution, determine that the required submission by all or part of the information specified in § 138-41A and B is deferred unless or until requested later by the Planning Board or Town Board. The Planning Board may call the applicant into consultation and may request the applicant to submit such additional information that it deems necessary in order to review the plan. Within 45 days after the regular meeting at which the referral from the Building Inspector is received, the Planning Board shall determine the application is complete or shall request additional information.
B.
Recommendation. Within the time set forth in § 138-41I, the Planning Board shall file with the Building Inspector a determination of the approval of the site plan, approval subject to modifications and/or conditions or disapproval of the plan. The applicant and the Planning Board may, by mutual consent, extend the time for review and recommendation. The grounds for the determination of the Planning Board will be stated by its records.
The procedure applicable to the securing of a special permit is set forth in Article X. The action of the Town Board under Article X and the applicable standards and conditions shall constitute the basis on which the Building Inspector approves or denies the application for the building permit and application for a certificate of occupancy under § 138-85.
The Building Inspector shall approve an application
for a building permit and issue a building permit under this chapter
within 15 working days after the application thereof has been filed
in his office, provided that the proposed use and buildings and other
structures conform to the provisions of this chapter. In the case
of applications which are subject to the approval of a site plan or
the securing of a special permit, the fifteen-working-day period will
commence at the time of final action of the Planning Board. The Building
Inspector, however, shall deny an application or request for a building
permit under this chapter within 15 working days after the application
or request for such a permit has been filed in his office when the
proposed use or building or other structures do not conform to the
provisions of this chapter. The following shall be applicable to the
approval of applications and issuance of building permits and certificates
of occupancy:
A.
Conditions. The approval of an application for a building
permit and certificate of occupancy and the issuance of a building
permit or certificate under this chapter shall be conditioned upon
establishment of the use and construction of buildings, structures
and site development in accordance with any maps, plans, documents
and statements approved by the Planning Board or Board of Appeals
as applicable, including any modifications, conditions and applicant
stipulations that are part of such approval.
B.
Staking. No building permit shall be issued by the
Building Inspector for any new construction until the applicant has
accurately placed stakes or markers on the lot indicating the location
of proposed construction and areas not to be disturbed. The Building
Inspector may require the applicant to place stakes or markers on
the lot indicating the location of lot lines. The Building Inspector
may require the placement of stakes or markers to be made or certified
by either a land surveyor or professional engineer, licensed to practice
in the State of New York.
C.
Measurements. If deemed necessary to determine compliance
with this chapter and before issuance of a certificate of occupancy,
the Building Inspector may require the applicant to furnish measurements
of any construction features subject to the requirements of this chapter,
including setback distances, which measurements shall be certified
and prepared by a land surveyor licensed to practice in the State
of New York.
D.
Sanitation. Where a proposed use or proposed building
or other structure involves the installation, extension, relocation
or reconstruction of a sewage disposal or water supply system, no
building permit shall be issued until plans for such a system have
been approved by the County of Putnam, State of New York, City of
New York or any regulatory agency having jurisdiction as required
by law. No certificate of occupancy shall be issued until such a system
has been completed and approved by such an agency as required by law
or until the use or building or structure has been provided with the
connections to a previously completed and approved sanitary sewer
and public water supply system.
E.
Issuance of certificates of occupancy.
(1)
It shall be the sole responsibility of the applicant
for the certificate of occupancy to complete all the work required
by the approved site plan in accordance with the following:
(2)
The degree of completeness of the site work shall
be determined by the Building Inspector. No temporary certificates
of occupancy shall be issued in the Town of Southeast for either residential
or commercial structures.
F.
Other permits. Approval of an application for a building
permit and certificate of occupancy and/or issuance of a building
permit or certificate shall not be construed to constitute compliance
with any other regulation, ordinance or law nor to relieve the applicant
from responsibility to obtain a permit thereunder. The Building Inspector
may, at his discretion, withhold approval of an application and/or
issuance of a building permit or certificate until such permit has
been obtained by the applicant.
G.
Time limit. Approved applications and special permits
shall be exercised within the following time limits:
(1)
A special permit approved under the provision of Article X shall terminate and be null and void one year after such approval unless an application for a building permit is approved and any required building permit is issued for the use or building or other structure authorized by the special permit. The Board which approves such building permits, however, may specify a time limit in excess of such one-year period or may grant extensions of the one-year period or any time limit for additional period not to exceed one year after public hearing for good cause shown. Notwithstanding the provisions stated above, the special permit shall expire on the date that the approval for the accompanying site plan expires.
(2)
An approved application for a building permit for
which no site plan or special permit approval is required shall terminate
and be null and void one year after such issuance. Renewals for such
building permits shall be granted only by the Building Inspector.
Applications for renewal shall be submitted at least 30 days prior
to the expiration date of the building permit.
[Amended 7-12-2007 by L.L. No. 4-2007]
A.
During construction, the Town Engineer may authorize
or require, at his own determination or upon the request of the applicant,
minor adjustments to the approved site plan when such adjustments
are necessary in light of technical or engineering considerations,
the existence or materiality of which was first discovered during
actual construction. Such minor adjustments shall be consistent with
the spirit and intent of the approved site plan. Any adjustment that
requires the removal of any structure or any group of trees (defined
as 10 to 20 trees within an area of 500 square feet) identified to
remain on the approved plan shall not be considered a minor adjustment
and shall require amended site plan approval by the Planning Board
prior to commencement of any such modifications.
B.
At the request of the Town Engineer or the Building
Inspector, where unforeseen conditions are encountered which require
any material change to an approved site development plan, the removal
of any structure or group of trees (defined as 10 to 20 trees within
an area of 500 square feet) indicated to remain on the approved plan,
or where the developer wishes to modify the approved plan for other
reasons, an amended site plan shall be filed with the Planning Board
for review in accordance with the same procedures required for initial
applications.
The Town Board may from time to time, by resolution,
adopt a Schedule of Fees concerning applications, inspections, petitions
and other matters specified in this chapter.
The Building Inspector is authorized to inspect
or cause to be inspected any land or building or other structure to
determine compliance with this chapter. The Building Inspector is
authorized to issue a stop-work order if, in his judgment, the use
of the land and buildings and other structures or the construction,
reconstruction, enlargement, extension, moving or structural alteration
of a building or other structure are not being carried out in compliance
with this chapter, including the approvals hereunder; he shall withdraw
such order when he determines that there is compliance with this chapter,
including such approvals. The Building Inspector is authorized to
order in writing the remedying of any condition found to be in violation
of this chapter, including approvals hereunder.
Any violation of this chapter is hereby declared
to be a misdemeanor, punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed six months, or both. Each week of continued
violation shall constitute a separate and additional violation. The
proper authorities of the Town of Southeast may institute any appropriate
action or proceedings to prevent, restrain, correct or abate any violation
of this chapter.
