No building in any district shall be erected, reconstructed, repaired, restored or structurally altered without a building permit duly authorized upon application to the Building Inspector, nor shall any such building be demolished without a demolition permit similarly issued. No building permit or demolition permit shall be issued unless the proposed construction or use is in full conformity with all of the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. The provisions of Chapter 59, Building Construction, are hereby referenced where applicable.
A. 
Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for preparing such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required.
(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, plate, block and lot numbers as they appear on the latest tax records.
(3) 
The exact size and location on the lot of the proposed building or buildings or alteration 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 intended use of all buildings, existing or proposed; and the use of land and the number of dwelling units the building is designed to accommodate.
(6) 
Such topographic 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.
B. 
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway, as stipulated in § 280-a of the Town Law.
C. 
No building permit shall be issued for any building where the site plan for such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.
D. 
No building permit shall be issued for a building to be used for any special permit use in any district where such use is subject to approval by the Town Board, unless and until such approval has been duly granted by the Town Board and site plan approval has been duly granted by the Planning Board, as required in this chapter.[1]
[1]
Editor's Note: Former § 85-29(5), regarding building permits, which immediately followed this section, was deleted 4-13-1999 by L.L. No. 1-1999.
E. 
The Building Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state, in writing, to the applicant the reasons for such denial.
F. 
Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date for construction costing less than $1,000,000 and has not been completed within 30 months from such date for construction costing in excess of that amount. If no zoning amendments or other codes or regulations affecting the subject property or use have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken without a new building permit.
G. 
As soon as the foundation of a building or any addition to an existing building is completed and before first story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot.
H. 
Fees. Fees shall be assessed in accordance with the duly adopted Town of Hamptonburgh Fee Schedule as amended from time to time. [2]
[Amended 4-13-1999 by L.L. No. 1-1999]
[2]
Editor's Note: Said Fee Schedule is on file in the Town offices.
I. 
Dwelling relocation.
[Added 6-30-2004 by L.L. No. 2-2004]
(1) 
No building permit shall be issued for a dwelling relocation in an approved subdivision unless the following requirements are met:
(a) 
The relocated dwelling remains on 80% of the area of the originally approved dwelling location.
[Amended 3-6-2006 by L.L. No. 2-2006]
(b) 
The relocated house is within required setback lines.
(c) 
The well shall not be relocated and the sewage disposal system shall not be relocated off the area where approved percolation tests were recorded. If the project was approved by the Orange County Department of Health, relocation of wells and sewage disposal systems are subject to all terms and conditions of such approval, including the prohibition of any such relocation, if so stated.
(d) 
The driveway meets maximum grade requirements.
(e) 
The sewage from the dwelling will discharge by gravity to the sewage disposal field unless a lift or pump station has already been approved for the lot.
(f) 
Drainage patterns on the lot may not be changed so as to adversely impact adjacent properties.
(g) 
Driveway curb cut or lot access may not be relocated.
(h) 
House location shall not be shifted onto an environmentally sensitive site feature such as a federal or state wetland or buffer.
(i) 
House location shall not be shifted into a previously approved agricultural buffer.
(j) 
House shall not be shifted in a location which is otherwise in contravention of a requirement of the subdivision regulations, zoning law, as may be amended, or of the findings or determination under the SEQRA for the subdivision for which the house lot is a part.
(2) 
If all requirements are not met, the matter must be referred back to the Planning Board for further review.
A. 
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:
(1) 
Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building.
(2) 
Occupancy, use or any change of use of any land.
(3) 
Any change of use of a nonconforming use.
B. 
No certificate of occupancy shall be issued for any special permit use of a building or of land requiring special permit use approval by the Town Board and/or use requiring site plan approval by the Planning Board unless and until such special permit and/or site plan approval, as applicable, has been duly granted by the appropriate Board(s). Every certificate of occupancy for which special use and/or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject.
C. 
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Building Inspector after erection of such building or part thereof has been completed in conformity with the provisions of this chapter. In the case of a new building, such application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
D. 
If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building Inspector within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Building Inspector shall state the reasons, in writing, to the applicant.
E. 
In regard to those uses which are subject to performance standards, including, but not limited to, those set forth in § 150-19B of this chapter, the following requirements shall also apply in addition to revocation procedures set forth in §§ 150-13B and 150-16H of this chapter:
(1) 
After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and/or other provisions for a period of five days without bona fide and immediate corrective work taking place, the Building Inspector shall suspend or revoke the occupancy permit of the use, and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.
(2) 
The Building Inspector shall investigate any alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he shall investigate the alleged violation. In the investigation of such alleged violation, he may employ such qualified experts as he deems necessary. A copy of such investigative findings shall be forwarded to the Town Board. The services of any qualified experts employed by the Town to investigate alleged violations shall be paid for by the violator, if a violation is found, and otherwise by the Town. No new certificate of occupancy shall be issued unless such charges have been paid to the Town.
F. 
Fees shall be those shown on the Standard Schedule of Fees of the Town of Hamptonburgh, as may be adopted from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Said Fee Schedule is on file in the Town offices.
G. 
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continuance and use of the building or land to which it applies.[2]
[2]
Editor's Note: Former § 85-31, Duties of Building Inspector, which immediately followed this section, was deleted 4-13-1999 by L.L. No. 1-1999. See now Ch. 59, Building Construction.
A. 
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable in accordance with Town Law § 268, as from time to time amended. Such penalties are in addition to other possible enforcement actions specified elsewhere in this chapter, such as revocation of special use permit and site plan approval.
B. 
The owner, general agent or contractor of a building, premises or part thereof where such violation has been committed or does exist shall be guilty of such offense.
C. 
Any agent, contractor, architect, builder, corporation or other person who knowingly commits, takes part or assists in such violation shall also be guilty of such offense.
D. 
Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Inspector and shall be served by mail or by personal service.
E. 
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance; or use or to restrain, correct or abate a violation; or to prevent the illegal occupancy of a building, land or premises.