It shall be the duty of a Code Enforcement Officer,
appointed by the Town Board, to enforce the provisions of this chapter
and the Uniform Code. The Code Enforcement Officer shall examine all
applications for permits, issue permits for construction and uses
which are in accordance with the requirements of this chapter, record
and file all applications for permits with accompanying plans and
documents and make such reports as the Town Board may require. Permits
for construction and uses which are special uses shall be issued only
upon written order of the Planning Board. Permits for construction
and uses which require a variance to requirements of this chapter
shall be issued only upon written order of the Zoning Board of Appeals.
A.
General procedures. All persons desiring to undertake
any new construction, structural alteration, including demolition,
or changes in the use of a building or lot shall apply to the Code
Enforcement Officer for a permit by filling out the appropriate application
form and by submitting the required fee. The Code Enforcement Officer
will then either issue or refuse the permit or refer the application
to the Planning Board or the Zoning Board of Appeals should the permit
application involve a special use or require a variance. After the
permit has been received by the applicant, he may proceed to undertake
the action permitted and, upon completion of such action, shall apply
to the Code Enforcement Officer for issuance of a certificate of occupancy
or certificate of compliance. If the Code Enforcement Officer finds
that the action of the applicant has been taken in accordance with
the permit, he will then issue a certificate of occupancy or certificate
of compliance allowing the premises to be occupied or used.
B.
Required permits. A permit shall be required prior
to the erection, addition, demolition or alteration of any building
or portion thereof; prior to installation of a solid-fuel-burning
heating appliance, chimney or flue; prior to the use or change of
use of a building or land; and prior to the change or extension of
a nonconforming use. It shall be unlawful for any person to commence
work for the erection or alteration of a building or for a change
in land use until a permit has been duly issued therefor. The following
classes of permits may be issued:
(1)
Permitted use. A permit for a principal use or any
accessory use requiring a permit may be issued by the Code Enforcement
Officer on his own authority.
(2)
Special use. A permit for a special use may be issued
by the Code Enforcement Officer after review and approval by the Planning
Board.
(3)
Variance. A permit for a use or structure which requires
a variance may be issued by the Code Enforcement Officer only upon
order of the Zoning Board of Appeals.
(4)
Temporary use. A temporary permit may be authorized
by the Town Board and issued by the Code Enforcement Officer for a
nonconforming structure or use which the Town Board deems necessary
to promote the proper development of the community, provided that
such a nonconforming structure or use shall be completely reviewed
upon expiration of the permit for a specified period of time not to
exceed one year and may be renewed annually for an aggregate period
not exceeding three years.
(5)
Demolition. Permits for purposes of demolishing a
structure may be issued by the Code Enforcement Officer and shall
be for a period not to exceed 60 days.
(6)
Operating.
An operating permit may be issued by the Code Enforcement Officer
on his own authority.
[Added 6-3-2009 by L.L. No. 1-2009]
C.
Activities not requiring permits. Certain uses or activities shall
not require permits although they shall meet any standards which may
be applicable to those uses. An exemption from the requirement to
obtain a permit shall not be deemed an authorization for work to be
performed in violation of the Uniform Code or this chapter. These
include the following:
[Amended 6-3-2009 by L.L. No. 1-2009]
(1)
Buildings and structures exempt from building permit requirements
pursuant to state law, such as nonresidential farm buildings.
(2)
Alterations or repairs to existing buildings, provided that the alterations
do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system;
(d)
The removal from service of all or part of a fire protection
system for any period of time;
(e)
Do not affect firesafety features such as smoke detectors, sprinklers,
required fire separations and exits;
(f)
Do not involve the installation or extension of electrical systems;
and
(g)
Do not include the installation of a solid-fuel-burning heating
appliance, chimney or flue.
(3)
All nonstructural accessory uses, including gardens, landscaping,
retaining walls unless such walls support a surcharge or impound class
I, II or IIIA liquids, patios, swing sets, playhouses and similar
playground equipment, etc.
(4)
Portable structures or buildings that do not exceed 144 square feet
in size.
(5)
Home occupations. Permits shall, however, be required for home occupations
if a structural change, addition or new structure is planned.
(6)
Swimming pools, provided that such pools are designed for a water
depth of less than 24 inches and are installed entirely above the
ground.
(7)
Fences that are not part of an enclosure surrounding a swimming pool,
provided that such fences comply with this chapter.
(8)
Temporary motion picture, television and theater stage sets and scenery.
(9)
Window awnings supported by an exterior wall.
(10)
Partitions or moveable cases less than five feet nine inches
in height.
(11)
Painting, wallpapering, tiling, carpeting or other similar finish
work.
(12)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances.
(13)
Replacement of any equipment, provided the replacement does
not alter the equipment's listing or render it inconsistent with the
equipment's original specifications.
D.
Application for permits.
[Amended 6-3-2009 by L.L. No. 1-2009]
(1)
All applications for permits shall be on forms developed by the Code
Enforcement Officer and approved by the Town Board from time to time.
Such forms shall request sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code and this chapter and shall require the submission of the following
information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)
With the exception of permits for demolition or removal of a
structure and operating permits, a site plan, in duplicate, drawn
to show the actual shape and dimensions of the lot to be built upon,
the exact size and location of any buildings existing on the lot,
the lines within which the proposed building or structure shall be
erected or altered, the distances between the structures and the lot
lines, the existing and intended use of each building or part of a
building, the number of families or dwelling units the building is
designed to accommodate and the location of any existing or proposed
well or septic system; and
(f)
Such information as may be necessary to determine compliance
with this chapter, the Uniform Code and other pertinent Town regulations
and state regulations, including the New York State Environmental
Quality Review Act.[1]
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental
Conservation Law.
(2)
Except for construction documents made in connection with farm buildings,
including barns, sheds, poultry houses and other buildings used directly
or solely for agricultural purposes; residential buildings having
a gross area of 1,500 square feet or less, not including garages,
carports, porches, cellars, or uninhabitable basements or attics;
or alterations, costing $20,000 or less, that do not involve changes
affecting the structural safety or public safety thereof, all construction
documents made in connection with an application for a building permit
shall be prepared by a New York State-registered architect or licensed
professional engineer, indicate with sufficient clarity and detail
the nature and extent of work proposed and substantiate that the proposed
work will comply with the Uniform Code and State Energy Conservation
Construction Code.
(3)
All applications with accompanying plans and documents shall become
a public record after a permit is issued or denied.
(4)
Applications for uses which also necessitate approvals under Chapter 41, Subdivision of Land, of the Code of the Town of Neversink, shall be processed in the manner provided therein for plan approval and contain all information or data normally required for a submission under those regulations. No permits shall be issued for any individual structures or uses within any subdivision or land development requiring subdivision approval until final plat approval.
(5)
Outside of the New York City reservoir watershed, all water supply
and sewage disposal systems shall conform to the New York State Department
of Health regulations, and no permit shall be issued unless such application
is accompanied by a certification by a licensed professional engineer
(or licensed land surveyor permitted to prepare sewerage disposal
system designs) that the lot has adequate percolation for the proposed
construction and all sewage disposal systems are designed in accordance
with the regulations of New York State Department of Health.
(6)
Within the New York City reservoir watershed, all sewage disposal
systems shall be approved by the New York City Department of Environmental
Protection.
E.
Fees.
(1)
The Town Board shall, by resolution, establish and
periodically update a uniform schedule of fees, charges and expenses,
as well as a collection procedure, for permits, special use permits,
variances and other matters pertaining to this chapter and the Uniform
Code.
(2)
Said schedule of fees shall be available in the office
of the Town Clerk and the Code Enforcement Officer.
(3)
Any applicant before the Planning Board or Zoning
Board of Appeals shall be required to pay to the Town a sum of money
to reimburse the Town for fees to be paid to consulting planners,
engineers, attorneys or other experts retained by the Town to review
the applicant's plans, maps, studies, agreements and all other papers
required by the Planning Board or Zoning Board of Appeals. The amount
of the fee shall be determined by the Planning Board or Zoning Board
of Appeals and the professional consultants at the time the applicant
files his application for sketch plan approval with the Planning Board
or Zoning Board of Appeals. Each consultant that the Board deems necessary
to involve shall estimate his fees based upon the services to be rendered
on behalf of the Town to final approval by the Planning Board or Zoning
Board of Appeals. The fees shall be paid to the Town prior to final
action on the application. Where extensive use of consultants may
be necessary, the Planning Board or Zoning Board of Appeals may then
require the advance deposit of the estimated fees of the consultants
prior to referral of the application to the consultants for review.
In the event that an applicant shall withdraw his application at any
stage of the proceedings, then the Town shall reimburse the applicant
that portion of the deposited funds not paid for professional consulting
services.
(4)
Permits, special uses and variances shall be issued
only after fees have been paid in full. The Zoning Board of Appeals
shall take no action on appeals until all charges have been paid in
full.
F.
Action on permitted-use-permit applications.
[Amended 6-3-2009 by L.L. No. 1-2009]
(1)
Issuance of permit.
(a)
It shall be the duty of the Code Enforcement Officer to issue
a permit, provided that he is satisfied that the structure, building,
any signs, parking area of premises and the proposed use thereof conform
to all the requirements of this chapter and the Uniform Code and that
all other reviews and actions, if any, have been complied with and
all necessary approvals thereof secured.
(b)
No permits shall be issued for any new uses or occupancy where
there are unremediated existing violations.
(c)
All permits shall be issued in duplicate together with one set
of construction documents marked in writing or stamped "approved"
or "accepted" containing a statement directing that all work shall
be performed in accordance with the construction documents so marked
"approved" or "accepted." In addition, a permit shall include the
directive that the Code Enforcement Officer shall be notified immediately
in the event the work does not conform with the construction documents.
A copy of the permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon and
shall remain so posted until the work has been completed. No owner,
contractor, workman or other person shall perform any building operations
of any kind requiring a permit unless a permit covering such operation
is displayed as required by this chapter, nor shall such persons perform
building operations of any kind after notification of the revocation
of a permit. The set of construction documents marked by the Code
Enforcement Officer as approved shall be maintained at the work site
so as to be available for use by the Code Enforcement Officer of the
work site.
(2)
Denial of permit. When the Code Enforcement Officer is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter and the Uniform Code, or that the applicant has failed
to obtain necessary approvals of other municipal agencies, he shall
refuse to issue a building permit. Any such refusal shall be made
in writing.
(3)
Complex applications and projects. Should the Code Enforcement Officer
receive an application for a permit and determine that he lacks the
expertise or facilities to inspect and monitor the proposed project,
the Code Enforcement Officer shall make written request to the Town
Board to retain the services of a consultant or engineer who shall
review the application, inspect and monitor the construction so as
to assure compliance with this chapter and the Uniform Code. Upon
the determination by the Town Board that a consultant's or engineer's
services are necessary, the Town Code Enforcement Officer shall obtain
an estimate of the consultant's or engineers' fees, which amount shall
be paid to the Code Enforcement Officer by the applicant before a
permit is issued. Such amount shall be deposited by the Supervisor
into a separate bank account designated for such use. Following completion
of the consultant's or engineers' duties and submission of a final
statement, the Supervisor shall determine any amount outstanding and
require payment by the applicant prior to issuance of a certificate
of occupancy or a certificate of compliance by the Code Enforcement
Officer. If the applicant has overpaid, the Supervisor shall remit
the overpayment to the applicant by the time of delivery of the certificate
of occupancy or certificate of compliance.
(4)
Status of construction. It shall be the duty and responsibility of
the owner or authorized agent to inform the Code Enforcement Officer
that the work is ready for each phase of inspection. Permitted work
shall be required to remain accessible and exposed until inspected
and accepted by the Code Enforcement Officer.
(5)
Inspection by a Code Enforcement Officer. It shall be the duty of
the Code Enforcement Officer or his duly appointed representative
to make the inspections required by this chapter.
(a)
The following inspections on property for which a permit has
been issued:
[1]
During construction. The progress of work for which a permit
has been issued shall be inspected at such times and intervals as
may be necessary and appropriate to determine whether the work is
being performed in compliance with this chapter, the Uniform Code
and the permit application. Specifically, where applicable:
[a]
Work site prior to the issuance of a permit;
[b]
Footing and foundation;
[c]
Preparation for concrete slab;
[d]
Framing;
[e]
Building systems, including underground and rough-in;
[f]
Fire-resistant construction;
[g]
Fire-resistant penetrations;
[h]
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
[i]
Energy Code compliance; and
[j]
A final inspection after all work authorized by
the building permit has been completed.
[2]
At the completion of construction. A record shall be made indicating
the time and date of the inspection and the findings of the Code Enforcement
Officer in regard to the issuance of a certificate of occupancy or
certificate of compliance; and
[3]
Whenever necessary. Nothing herein shall, however, preclude
the Code Enforcement Officer from making such additional inspections
as are deemed necessary to establish conformance with this chapter,
the Uniform Code and the permit application.
(b)
An inspection following receipt of notice from a Fire Chief
of a Fire Department providing services for a property located in
the Town of the occurrence of a fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
(c)
A record shall be made indicating the time and date of the inspection
and the finding of the Code Enforcement Officer in regard to conformance
of the construction with plans submitted with the application for
a permit. If the actual construction does not conform to the application
or construction documents, a written notice of the violation notifying
applicant as to where the work fails to comply with this chapter or
the Uniform Code shall be issued by the Code Enforcement Officer and
construction shall be discontinued. Upon proper correction of the
violation and receipt of written notice from the Code Enforcement
Officer, construction shall proceed.
(6)
Stop-work orders. A stop-work order shall be issued by the Code Enforcement
Officer to halt work that is determined to be contrary to this chapter
or the Uniform Code, or is being conducted in a dangerous or unsafe
manner, or is being performed without obtaining a required permit,
which stop-work order shall state the reason for its issuance and
the conditions that must be satisfied before work will be permitted
to resume.
(7)
Expiration of permit. A permit shall expire and become invalid after
two years if the applicant fails to implement or complete the improvements
as approved by the Code Enforcement Officer.
(8)
Failure to commence work; revocation or suspension of permit.
(a)
Failure to commence work. If it shall appear at anytime to the
Code Enforcement Officer that the work for which a permit was issued
was not commenced within six months from the date of issuance of the
permit, such permit shall automatically become invalid, and it shall
be the duty of the person holding the permit to surrender it and all
copies thereof to the Code Enforcement Officer.
(b)
Revocation or suspension of permit. If it shall appear at any
time to the Code Enforcement Officer that the application or accompanying
construction documents are in any material respect false, misleading
or incomplete or that work is being done upon the premises differing
materially from that called for in the application filed with him
or such work violates this chapter or the Uniform Code, he may forthwith
revoke or suspend the permit, whereupon it shall be the duty of the
person holding the same to surrender it and all copies thereof to
the Code Enforcement Officer.
(9)
Renewal of permit.
(a)
A permit approved by the Code Enforcement Officer may be extended
by renewal if in the Code Enforcement Officer's opinion such extension
is for good cause (such as seasonal weather conditions) provided that
any extension by renewal of more than 12 months or subsequent extensions
of any length shall require approval of the Town Board.
(b)
In any instance when a permit is approved by the Planning Board,
Town Board or Zoning Board of Appeals, any of those may require that
their approval be periodically renewed. Such renewal shall be granted
following due public notice and hearing and may be withheld only upon
determination by the Code Enforcement Officer to the effect that such
conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit have not been or are being
no longer complied with. In such cases, a period of 60 days shall
be granted the applicant for full compliance prior to the revocation
of said permit.
G.
Action on operating permits.
[Amended 6-3-2009 by L.L. No. 1-2009]
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below, provided that such
activities are permitted uses where located in the Town:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4), of the Fire Code of New York State (See 19 NYCRR Part
1225.);
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the government
or agency charged with or accountable for administration and enforcement
of the Uniform Code.
(2)
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection G(1) shall be required to obtain an operating permit prior to commencing such operation. In addition to the requirements contained in § 50-30D, an application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code, including such tests or reports necessary to verify conformance as are determined by the Code Enforcement Officer to be necessary.
(3)
An inspection of the premises shall be conducted by the Code Enforcement
Officer or his duly appointed representative prior to the issuance
of an operating permit.
(4)
A single operating permit may apply to more than one hazardous activity.
(5)
Operating permits shall remain in effect until the end of the calendar
year and shall be renewable annually. Where activities do not comply
with applicable provisions of the Uniform Code, an operating permit
shall be revoked or suspended.
(6)
Renewal applications shall be filed with the Code Enforcement Officer
before the first day of November next preceding the expiration of
the original permit or any renewal thereof. Prior to the issuance
of a renewal permit, the Code Enforcement Officer shall inspect the
premises.
(7)
Permits shall not be transferable or assignable.
H.
Certificate of occupancy or compliance.
[Added 6-3-2009 by L.L. No. 1-2009]
(1)
A certificate of occupancy or certificate of compliance shall be
required for all work for which a permit is required to be issued
under this chapter and for all buildings which are converted from
one general occupancy classification to another, as such classifications
are defined in the Uniform Code. The certificate of occupancy or certificate
of compliance shall state that either the building, structure or parcel
of land complies with the provisions of this chapter and/or the Uniform
Code or that the building or structure may be lawfully employed for
specified uses under the provisions of this chapter and the Uniform
Code, or both.
(2)
No structure or part of a structure hereafter erected, structurally
altered or changed in use and for which a permit is required by this
chapter, shall be occupied or used, until a certificate of occupancy
or certificate of compliance shall have been issued therefor by the
Code Enforcement Officer.
(3)
A certificate of occupancy or certificate of compliance for the use
or occupancy of vacant land or for a change in the use of land or
for a change in the use of any existing building shall be issued before
any such land shall be occupied or used, or such land or building
changed in use.
(4)
Contemporaneously with the applicant notifying the Code Enforcement
Officer of completion of the work, the applicant shall deliver or
cause to be delivered to the Code Enforcement Officer the following,
if and where applicable:
(5)
A certificate of occupancy or certificate of compliance shall be
issued within 30 days after the erection or alteration of such building
or structure shall have been completed in conformity with the provisions
of this chapter, the Uniform Code and the pertinent application, provided
that the Code Enforcement Officer has been timely notified of the
completion of construction and shall contain the following information:
(a)
The building permit number;
(b)
The date of issuance of the permit;
(c)
The name and address of the property owner and the tax map number
of the property;
(d)
If the certificate is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
is issued;
(e)
The use and occupancy classification of the structure;
(f)
The type of construction of the structure;
(g)
The assembly occupant load of the structure, if any;
(h)
If an automatic sprinkler system is provided, a notation as
to whether the sprinkler system is required;
(i)
Any special conditions imposed in connection with the issuance
of the building permit; and
(j)
The signature of the Code Enforcement Officer or his duly appointed
representative together with the date of issuance.
(6)
A certificate of occupancy or certificate of compliance for changing
or extending a nonconforming use existing at the time of the passage
of this chapter or of an amendment thereto shall be applied for and
issued before any such nonconforming use shall be changed or extended.
(7)
Temporary certificates. The Code Enforcement Officer may issue a
certificate allowing for the temporary occupancy of a structure prior
to the completion of the work that is the subject of a building permit
for a period not to exceed six months from the date of issuance during
which time period the permit holder shall bring the structure into
full compliance with all applicable provisions of the Uniform Code
and this chapter, provided that:
(8)
A certificate of occupancy or certificate of compliance issued in
error or on the basis of incorrect information shall be suspended
or revoked by the Code Enforcement Officer unless the relevant deficiencies
are corrected within not more than six months from the date of notification
that the certificate was erroneously issued or such longer period
as authorized by the Town Board at the Code Enforcement Officer's
request.
(9)
A record of all permit applications, issued permits, construction
documents marked "approved" or "accepted," certificates of occupancy
and certificates of compliance shall be kept on file in the office
of the Code Enforcement Officer, and a copy shall be furnished, on
request, to any person having a proprietary or tenancy interest in
the building or land affected.
A.
General provisions.
(1)
It shall be unlawful to erect, construct, reconstruct,
alter, maintain or use any building or structure or to use any land
in violation of any provision of this chapter or the Uniform Code.
(2)
Failure to comply with any provision of this chapter
or the Uniform Code shall be a violation of this chapter. When written
notice of a violation of any of the provisions of this chapter has
been served by the Code Enforcement Officer on the owner, occupant
or contractor, such violation shall be discontinued immediately.
(3)
The Code Enforcement Officer shall have the authority
to issue an appearance ticket for violations of this chapter or the
Uniform Code, returnable before the Justice Court of the Town of Neversink.
B.
Whenever a violation of this chapter or the Uniform
Code occurs, any person may file a complaint in regard thereto. All
such complaints must be in writing and shall be filed with the Code
Enforcement Officer, who shall properly record such complaint and
immediately investigate and report thereon to the Town Board.
C.
Penalties for offenses. A violation of this chapter
or the Uniform Code is hereby declared to be an offense punishable
by a fine not exceeding $750 or imprisonment for a period not to exceed
six months, or both for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $750 nor more
than $2,500 or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine of not less than $2,500 nor more than $5,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter or the Uniform Code shall be deemed misdemeanors,
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each week’s continued violation
shall constitute a separate additional violation.
[Amended 6-3-2009 by L.L. No. 1-2009; 6-10-2015 by L.L. No. 2-2015]
D.
Procedure for abatement of violation. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter, the Uniform Code or of any ordinance
or regulation made under authority or inferred hereby, the Town Board
or, with its approval, the Code Enforcement Officer or other proper
official, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate such violation or to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
