[Added 2-25-1988 by L.L. No. 4-1988]
A.
No building, structure or sign in any district shall
be erected, added to, moved or structurally altered without a building
permit duly issued upon application to the Building Inspector. No
building permit shall be issued unless the proposed construction or
use is in full conformity with all the provisions of this chapter
or any other applicable law. Any building permit issued in violation
of the provisions of this chapter shall be null and void and of no
effect, and any work undertaken or use established pursuant to any
such permit shall be unlawful. When there is a change of ownership
and/or occupancy of a commercial building or space in which an as
of right use had been in operation within one year prior to application
for a building permit, no site plan approval or public hearing before
the Planning Board shall be required prior to the issuance of a building
permit, provided that any proposed interior renovations comply with
all applicable building codes, rules and regulations. For purposes
of this section, an "as of right use" shall include a special permit
use that has received Planning Board approval and has been in operation
within one year of the application.
[Amended 4-9-2015 by L.L.
No. 1-2015[1]]
[1]
Editor's Note: This local law also provided that it would
apply to all properties and property applications within the Town
of Wallkill that were pending as of 10-10-2013 and thereafter.
B.
Application.
(1)
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(a)
The full name and address of the owner and of
the applicant and the names and addresses of their responsible officers,
if any, if they are corporations.
(b)
The valuation of the proposed work.
(c)
Such other information as may reasonably be
required by the Building Inspector to establish compliance of the
proposed work with the requirements of the applicable building laws,
ordinances and regulations.
(2)
Applications shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work.
C.
Plans and specifications.
(1)
Content. Each application for a building permit shall
be accompanied by duplicate copies of plans and specifications indicating
the nature and character of the work to be performed and the materials
to be incorporated, the details of structural, mechanical and electrical
work and the design of the septic system, if applicable.
(2)
Signature. Plans and specifications shall bear the
signature of the person responsible for the design and drawings.
(3)
Amendment. Amendments to the application or to the
plans and specifications accompanying the same may be filed at any
time prior to the completion of the work, subject to the approval
of the Building Inspector.
D.
Plot plans. Every application for a building permit
shall be accompanied by a plot plan drawn to scale showing:
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated if an existing building.
(2)
The section, block and lot numbers as they appear
on the official tax records.
(3)
The exact size and locations on the lot of the proposed
building or buildings or alterations of an existing building and of
other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(5)
The existing and currently intended use of all buildings,
existing or proposed, and the number of dwelling units the building
is designed to accommodate.
(6)
Such topography or other information with regard to
the building, the lot or neighboring lots as may be necessary to determine
that the proposed construction will conform to the provisions of this
chapter.
(7)
Information on percolation tests taken at suitable
intervals and information as to depth to water table will be required
where the applicant proposes new construction or new or expanded septic
systems. In such instances, the septic system design shall be signed
and stamped by a professional engineer licensed by the State of New
York.
(8)
The Building Inspector may vary or waive the above
requirements in specific instances for cause.
E.
Building permit fees.
(1)
Upon the filing of an application for a building permit,
all applicable fees shall be payable. Such fees shall be established
by the Town Board.
(2)
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of the
fee paid. Once construction work has been initiated, the fees shall
not be refunded.
F.
Frontage and access. No building permit shall be issued
for the construction or alteration of any building upon a lot without
frontage upon a street improved to the satisfaction of the Town of
Wallkill and meeting the requirements of § 280-a of the
General Town Law of the State of New York.
G.
Compliance with plans approved by the Planning Board.
No building permit shall be issued for any building where the use
and/or lot is subject to subdivision, site plan or special use permit
approval by the Planning Board except in complete conformity with
such authorization and the plans approved by the Planning Board.
H.
Compliance with Zoning Law. No building permit shall
be issued for any building where the lot and/or use is not in conformity
with all applicable provisions of this Zoning Law, except where a
variance has been granted by the Zoning Board of Appeals.
I.
Variance. No building permit shall be issued for a
building for which a variance has been granted by the Zoning Board
of Appeals except in conformance with the conditions established by
said Board.
J.
Duplicate documentation. The application and all supporting
documentation shall be submitted in duplicate.
K.
Issuance of building permit.
(1)
Examination. The Building Inspector shall examine
or cause to be examined all applications for permits, together with
the plans, specifications and documents filed therewith.
(2)
Approval. Upon approval of the application for a building
permit, the Building Inspector shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto. Both sets of plans and
specifications shall be endorsed with the word "APPROVED."
(3)
File copy. One set of such approved application, plans
and specifications shall be retained in the files of the Building
Inspector.
(4)
The other set of such approved applications, plans
and specifications shall be returned to the applicant, together with
the building permit.
L.
Denial of building permit. If the application, together
with plans, specifications and other documents filed therewith, describes
proposed work which does not conform to all of the requirements of
the applicable building regulations and zoning laws, the Building
Inspector shall disapprove the same and shall return the plans and
specifications to the applicant. The Building Inspector shall state
in writing the reasons for such denial.
M.
Performance of work under building permit.
(1)
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in conformance
with the approved application, plans and specifications and in accordance
with the applicable building laws, ordinances or regulations.
(2)
Throughout the entire course of construction, the
applicant shall cause the building permit number to be posted conspicuously
on the building site.
N.
Expiration. Every building permit shall expire if
the work authorized has not commenced within six months after the
date of issuance, except, upon request, the Building Inspector may
grant up to two three-month extensions. Following the commencement
of construction, the building permit shall remain valid until the
construction is completed, provided that the work is diligently pursued.
O.
Revocation of building permit. The Building Inspector
may revoke a building permit theretofore issued and approved in the
following instances:
(1)
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 permit was based.
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3)
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.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
P.
Stop orders. Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
law, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building 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 persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such stop 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.
Q.
Road Maintenance.
[Added 5-10-2007 by L.L. No. 8-2007]
(1)
It shall be the responsibility of an applicant for
a building permit for a residential dwelling on a road which is offered,
or to be offered, to the Town of Wallkill to maintain and keep open
said road, at the applicant's sole cost and expense, for emergency
vehicles until such time as the road is accepted by the Town of Wallkill.
(2)
Before a building permit may be issued for construction
of a residential dwelling on a road offered or to be offered for dedication
to the Town of Wallkill, the applicant shall deposit with the Town
of Wallkill a cash bond in the amount of $1,500 for each residential
dwelling for which a building permit is sought, as security to assure
that the applicant shall keep and maintain the road so offered, or
to be offered, free of construction debris, plowed of snow, sanded,
salted, and otherwise clear, in safe condition and open for use by
emergency vehicles at all times. Said bond shall be in addition to
any other bonding required under this Code.
(3)
In the event that the applicant shall fail to maintain the road as required herein, the Building Inspector shall be authorized to issue a stop-work order, pursuant to § 249-58P, or to issue a violation notice, pursuant to § 249-53. In addition, in the event the Building Inspector, in his discretion, shall determine that the applicant has failed to maintain the road such that imminent threat to the public health, safety, convenience, or general welfare is presented, including particularly to the residents occupying dwellings on said road, then the Building Inspector shall advise the applicant forthwith and, in the event said imminent threat is not remedied within a period of not less than 24 hours, the Town of Wallkill shall be empowered, but not required, to enter upon the road, without further notice of any kind to applicant, to take whatever measures are appropriate to ensure that the road is kept free of construction debris, plowed of snow, sanded, salted, and otherwise clear, in safe condition and open for use by emergency vehicles at all times. The applicant shall indemnify and hold the Town of Wallkill harmless from any measures taken to ensure that the road is free of construction debris, plowed of snow, sanded, salted, and otherwise clear, in safe condition and kept open for use by emergency vehicles, including the cost of contractors, materials, and labor, and cash bond(s) may be used by the Town of Wallkill to cover the cost of same. In the event that there is more than one applicant on said road, then each shall be liable jointly and severally for the cost of any and all measures taken by the Town of Wallkill under this section.
(4)
In the alternative, in lieu of the Town of Wallkill
entering upon the road to ensure that the road is kept free of construction
debris, plowed of snow, sanded, salted, and otherwise clear, in safe
condition and open for use by emergency vehicles at all times, after
at least 24 hours notice from the Building Inspector, any resident
occupying a residential dwelling on said road shall be empowered and
entitled to take such action as may be deemed reasonably necessary
to ensure that the road is maintained and kept open, and the reasonable
cost and expense actually incurred by said owner shall be the responsibility
of and indemnified by the applicant.
(5)
Prior to and as a condition of issuance of a certificate
of occupancy for any residential dwelling on a road offered or to
be offered to the Town of Wallkill, the applicant shall provide a
temporary mailbox, in a form satisfactory to the United States Postal
Service, in a location reasonably accessible to the owner of the residential
dwelling and the United States postal carrier, along the nearest adjacent
public road.
R.
Clear cutting.
[Added 4-9-2015 by L.L.
No. 1-2015[2]]
(1)
In any zone within the Town, a building permit shall be required prior to the commencement of any clear cutting, as said term is defined in § 249-3 of the Town Code, with respect to any area greater than 1/2 acre and less than one acre on a lot. In agricultural districts, the applicant shall comply with all notification requirements of New York's Agriculture and Markets Law. The Building Inspector shall consider all appropriate buffering and environmental impacts prior to granting any building permit hereunder.
(2)
Any property owner, or person, firm or entity acting on the property
owner's behalf, seeking to clear cut any area of property in excess
of one acre shall be required to obtain site plan approval from the
Planning Board as well as a building permit prior to the commencement
of any clear cutting.
[2]
Editor's Note: This local law also provided that it would
apply to all properties and property applications within the Town
of Wallkill that were pending as of 10-10-2013 and thereafter.
A.
New construction. No building or structure hereafter
erected shall be used or occupied in whole or in part until a certificate
of occupancy shall have been issued by the Building Inspector.
B.
Alteration. No building hereafter enlarged, extended
or altered or upon which work has been performed which required the
issuance of a building permit shall continue to be occupied or used
for more than 14 days after the completion of the alteration or work
unless a certificate of occupancy shall have been issued by the Building
inspector.
C.
Change of use. No change shall be made in the use
or type of occupancy of an existing building, whether conforming or
nonconforming, unless a certificate of occupancy authorizing such
change shall have been issued by the Building Inspector.
D.
Requirements.
(1)
Affidavit. The owner or his agent shall make an application
for a certificate of occupancy. Accompanying this application and
before the issuance of a certificate of occupancy, there shall be
filed with the Building Inspector an affidavit of the registered architect
or licensed professional engineer who supervised the construction
of the work or of the superintendent of construction who supervised
the work and who, by reason of his experience, is qualified to superintend
the work or the builder, if none of the above were utilized, for which
the certificate of occupancy is sought. This affidavit shall state
that the deponent has examined the approved plans of the structure
for which a certificate of occupancy is sought and that the structure
has been erected in accordance with the approved plans and, as erected,
complies with the laws governing building construction except insofar
as variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit.
(2)
Electrical inspection certificate. A copy of the certificate
of proper completion issued by the New York Board of Fire Underwriters,
if applicable, shall accompany the application for a certificate of
occupancy.
(3)
Septic system inspection. A copy of a letter from
the licensed professional engineer who designed the septic system,
attesting to its proper installation and his inspection thereof and
bearing his stamp, shall accompany the application for a certificate
of occupancy, if applicable.
(4)
Site improvements. A copy of a letter from the Town's
Planning Department stating that all proposed site improvements have
been constructed as per the plans which were approved by the Town's
Planning Board shall accompany the application for a certificate of
occupancy, if applicable.
(5)
Inspection. Before issuing a certificate of occupancy,
the Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use or occupancy; and he may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
(6)
Filing. There shall be maintained in the office of
the Building Inspector a record of all such examinations and inspections,
together with a record of findings of violations of the law.
E.
Issuance of certificate of occupancy.
(1)
Uses permitted upon authorization and approval of
plans by the Planning Board. No certificate of occupancy shall be
issued for any use of a building or of land requiring authorization
and approval of plans by the Planning Board unless and until such
authorization and approval has been duly issued by said Board.
(2)
Variance. Every certificate of occupancy in connection
with which a variance has been granted by the Zoning Board of Appeals
shall contain a detailed statement of such variance and of any conditions
to which the same is subject.
(3)
Subdivisions and buildings. No certificate of occupancy
for any building, whether or not part of an approved subdivision,
where bonds have been posted under any other section of the law shall
be issued by the Building Inspector until all the improvements, including
water supply system, sewage disposal system, roads, sidewalks and
any other requirements of the Planning Board, have been completed
in every detail and approved by the appropriate authorities.
(4)
Action. A certificate of occupancy shall be issued,
where appropriate, within 14 days after complete and proper application
has been made.
(5)
Issuance. 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 permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him.
(6)
Denial. If it is found that the proposed work has
not been properly completed, the Building Inspector shall refuse to
issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
applicable building regulations.
(7)
Certification. The certificate of occupancy shall
certify that the work has been completed and that the proposed use
and occupancy is in conformity with the provisions of the applicable
building laws, ordinances and regulations and shall specify the use
or uses and the extent thereof to which the building or structure
or its several parts may be put.
(8)
Recording. A record of all certificates of occupancy
shall be kept in the office of the Building Inspector, and copies
shall be furnished on request to any agency of the Town or to any
persons having a proprietary or tenancy interest in the building or
land affected.
F.
Tests. Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
A.
Designation of Building Inspector as public official.
There is hereby designated in the Town of Wallkill a public official
to be known as the "Building Inspector," who shall be appointed by
the Town Board at a compensation to be fixed by it.
B.
Appointment of Assistant Building Inspectors. The
Town Board may appoint one or more Assistant Building Inspectors,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his power and duties. The
compensation of such Assistant Building Inspectors shall be fixed
by the Town Board.
C.
Acting Building Inspector. In the absence of the Building
Inspector or in the case of his inability to act for any reason, the
Supervisor shall have the power, with the consent of the Town Board,
to designate a person to act on the behalf of the Building Inspector
and to exercise all of the powers conferred upon him by law.
D.
Restrictions on employees. No officer or employee
of the Building Department shall engage in any activity inconsistent
with his/her duties or with the interests of the Building Department
and the Town of Wallkill, nor shall he/she, during the term of his/her
employment, be engaged directly or indirectly in any real estate or
building business, in the furnishing of labor, materials or appliances
for the construction, alteration or maintenance of a building or the
preparation of plans or specifications thereof, within the Town of
Wallkill, excepting only that this provision shall not prohibit any
employee from such activities in connection with the construction
of a building or structure owned by him/her and not constructed for
sale.
E.
Administration and enforcement. Except as otherwise
specifically provided by law, ordinance or regulation or except as
herein otherwise provided, the Building Inspector shall administer
and enforce all the provisions of laws, ordinances and regulations
applicable to the construction, alteration, repair, removal and demolition
of building and structures and the installation and use of materials
and equipment therein and the location, use, occupancy and maintenance
thereof, such administration and enforcement to be in accordance with
the most strict interpretation of all pertinent laws, ordinances and
regulations.
F.
Issuance of permits and certificates. He shall receive
applications and issue permits for the erection, alteration, removal
and demolition of buildings or structures or parts thereof and shall
examine the permits that have been issued for the purpose of ensuring
compliance with laws, ordinances and regulations governing building
construction and, upon application, of certifying fitness for occupancy.
G.
Insurance of compliance. He shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances or regulations.
H.
Inspection. The Building Inspector shall make all
inspections which are necessary or proper for the carrying out of
his duties, except that he may accept written reports of inspection
from assistant inspectors or other employees of the Building Department,
Planning Department or Highway Department. The Building Inspector
or his duly authorized assistant(s), upon the showing of proper credentials
and in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry.
I.
Tests. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
J.
Complaints of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing, signed by the complainant
and filed with the Building Inspector or his duly authorized representative.
The Building Inspector shall keep a record of every identifiable complaint
of a violation of any of the provisions of this chapter and of the
action taken consequent to each complaint, which records shall be
public records.
K.
Records. The Building Inspector shall keep permanent
official records of all transactions and activities conducted by him,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. All such records shall be public records open to public inspection,
upon proper request, during business hours.
L.
Reports. The Building Inspector shall be present at
each regular meeting of the Town Board and shall, monthly as well
as annually, submit to the Town Board a written report and summary
of all business conducted by the Building Inspector, including permits
and certificates issued, fees collected, orders and notices promulgated,
inspections and tests made, appeals or litigation pending and all
complaints of violations, with the action taken by him consequent
thereon.
M.
Cooperation of other departments. The Building Inspector
may request and shall receive, so far as may be necessary in the discharge
of his duties, the assistance and cooperation of the Police, Fire
and Health Departments, of officers and of all other Town officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
