A.
In applying and interpreting the provisions of this
chapter, they shall be held to be minimum requirements adopted for
the promotion of the public health, safety, morals, comfort and convenience
and the general welfare.
B.
This chapter shall be administered and enforced by
the Building Committee, Police Department, code enforcement officers
or other agency or officer of the Village duly authorized by the Board
of Trustees of the Village of Pelham. No building permit, change of
use permit, certificate of occupancy, temporary certificate of occupancy
or other authorization for any construction, reconstruction, alteration
or enlargement of a building or structure or for the moving of a building
or structure from one site to another or for the establishment of
use of any land or for the moving of a use from one site to another
shall be issued by the Building Committee except in full compliance
with the provisions of this chapter, including any conditions that
may have been attached to the approval of a variance by the Board
of Appeals or a site plan or special permit by the Board of Appeals,
and with all other statutes, laws, ordinances, rules and regulations
applicable to the affected property. The Building Committee shall
maintain a complete record of all applications for building permits
and change of use permits, together with all plans submitted therewith,
and for certificates of occupancy and certificates of conformity and
all permits and certificates issued by it. In the performance of its
duties, the Building Committee or any duly authorized representative
thereof shall have the right to perform any act necessary for the
enforcement of this chapter, including the right, during daylight
hours, to enter and inspect any building, structure or land within
the Village with the consent of the owner or without such consent
where an emergency exists or where the Building Committee has reason
to believe that a violation exists.
C.
If any member of the Building Committee shall find
that any of the provisions of this chapter are being violated, or
when any purported violation shall be brought to its attention, it
shall be mandatory upon the Building Committee to make an investigation.
In the event that the said Committee determines that a violation of
this chapter does in fact exist, it shall be mandatory upon the Building
Committee to serve written notice of said violation by registered
mail or personal service upon the owner, indicating the nature of
the violation and ordering the necessary corrective action, and copies
of such notice shall be delivered to the Village Clerk. The Building
Committee shall order the discontinuance of any illegal use of land,
buildings or structures; removal of illegal buildings or structures
or additions, alterations or structural changes; or any illegal work
in progress. In the event that the owner shall fail to abate said
violation within 10 days of the service of such notice, it shall then
be mandatory upon the Building Committee to report such fact in writing
to the Village Clerk and to furnish a copy of such report to the Village
Board of Trustees.
[Added 4-18-2017 by L.L.
No. 3-2017]
No person may offer for sale a lot that was not defined as a
separate parcel of land on the Tax Map of the Village of Pelham on
April 1, 2016, without first obtaining the approval of the Board of
Trustees for a subdivision plat in the manner provided by Article
7 of the Village Law. No permit for the construction of any building
on any lot in a proposed subdivision may be issued unless the subdivision
has been duly approved by the Board of Trustees, the plat has been
duly filed in the office of the County Clerk and the street or highway
giving access to the lot has been suitably improved to the satisfaction
of the Board of Trustees or a performance bond as required by the
Board of Trustees has been duly filed with the Board of Trustees.
A.
No building in any district shall be erected, reconstructed
or restored or structurally altered, used or moved in whole or in
part to another site without a building permit. A building permit
shall be duly issued upon application to the Building Committee and
upon payment of the required fee in accordance with the Schedule of
Fees of the Village of Pelham. A building permit shall be issued only
if the proposed construction or use is in full conformity with all
provisions of this chapter and all other applicable regulations of
the Village of Pelham. Any such 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.
B.
Every application for a building permit shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor, is required. In the case of accessory buildings, the Building Committee may waive such of the requirements set forth in Subsection B(1) through (5) below as it may deem to be superfluous.
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or, if
any existing building, of the lot on which it is situated.
(2)
The exact size and locations on the lot of the building
or buildings proposed to be erected or altered and of all other existing
buildings on the same lot, if any.
(3)
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.
(4)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units, if
any, the building is designed to accommodate.
(5)
Such 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.
C.
No building permit shall be issued for any building
that is subject to site plan approval by the Board of Trustees pursuant
to Local Law No. 2, 1983,[1] or a special permit by the Board of Appeals, except in
conformity with the requirements of the said boards. No permit shall
be issued for a building that is permitted subject to a variance granted
by the Board of Appeals except in accordance with all conditions which
may have been prescribed by the said Board.
D.
The Building Committee shall, within 30 days after
the filing of a complete and properly prepared application incorporating
all required approvals, including site plan, special permit and/or
variances, either issue or deny a building permit. If a permit is
denied, the Building Committee shall state the reason for such denial
on two copies of the application and shall return one copy to the
applicant. Failure on the part of the Building Committee to act within
the time specified shall not be deemed approval of the application.
E.
If any construction, alteration, enlargement or other
work authorized under a building permit is not begun within 120 days
from the date of its issuance, such permit shall expire. The Building
Committee may authorize in writing not more than two consecutive one
hundred-twenty-day extensions because of the occurrence of conditions
unforeseen at the time of issuance of such permit.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Committee:
B.
A certificate of occupancy shall be deemed to authorize
and is required for both initial occupancy and the continued occupancy
and use of the building or land to which it applies. The certificate
of occupancy shall become null and void if conditions are found to
be in violation of any provision of this chapter, and a new certificate
of occupancy shall be required following correction of all violations.
C.
A temporary certificate of occupancy for the use of
all or a part of a building or the use of land for which approval
has been granted may be issued if authorized by the Board of Appeals
and only in full compliance with such conditions as the Board may
prescribe.
D.
It shall be the duty of the Building Committee to
issue a certificate of occupancy only when:
(1)
The structure or part(s) thereof and the proposed
use of the structure(s) and land conform to this chapter and all other
applicable codes and ordinances of the Village of Pelham;
(2)
Prior site plan, special permit and variance approvals,
as may be necessary, have been granted by the Board of Trustees or
the Board of Appeals, as the case may be, in accordance with the provisions
of this chapter;
(3)
All local taxes and assessments on the property have
been paid; and
(4)
A letter from each utility company has been received
by the Village stating that the utility has been inspected, has been
installed in accordance with the approved plan and is ready for use.
E.
Application for a certificate of occupancy shall be
made on forms furnished by the Building Committee after erection of
such building or part thereof has been completed in conformity with
the provisions of this chapter and all other applicable regulations.
Every application for a certificate of occupancy or a temporary certificate
of occupancy shall be accompanied by the required fee, in accordance
with the Schedule of Fees of the Village of Pelham. In the case of
a new building, said application shall be accompanied by an accurate
plot plan or, if not available, by a survey prepared by a licensed
land surveyor or engineer, drawn at the same scale as the site plan,
showing the location of all buildings, structures, utilities, roads
or other site features, as built.
F.
A certificate of occupancy shall be granted or denied
in writing within 20 days from the date that a written notification
is filed with the Building Committee that the action which is subject
to such a certificate is completed, unless additional time is agreed
upon by the applicant in writing. If the application is denied, the
Building Committee shall state the reason for such denial on two copies
of the application and return one copy to the applicant. Failure on
the part of the Building Committee to act within the period specified
shall not be deemed approval of the application.
G.
A copy of the applicable certificate of occupancy
shall be kept on file at the premises affected and shall be shown
upon request to any member of the Building Committee or its duly authorized
representative.
H.
The Building Committee shall file a monthly report
of the certificates of occupancy issued during the preceding month.
The owner or lessee of any building, structure
or use that does not conform to the provisions of this chapter but
that did conform with the applicable zoning regulations of the Village
of Pelham, the Village of Pelham Heights or the Village of North Pelham
at the time when it was first established or at any time thereafter
may apply to the Building Committee for a certificate of legal nonconformity.
The application shall contain proof of prior compliance and shall
state in detail the precise nature of the present nonconformity of
all or any part of the building, structure or use, including the extent
of the floor or land area, as the case may be, and the location within
the building or on the lot which is occupied by any nonconforming
use.
A.
Any person or corporation, whether as owner, lessee,
architect, contractor or builder, or the agent or employee of any
of them, who violates or is accessory to the violation of any provision
of this chapter or any rule or regulation made under the authority
conferred by this chapter or who shall erect, construct, alter, enlarge,
convert or move any building or structure or any part thereof without
a building permit or in violation of any statement or plans submitted
and approved under the provisions of this chapter or who shall use
any building, structure or land in violation of this chapter or any
rule or regulation made under the authority conferred by this Chapter
without or in violation of the provisions of any building permit,
change of use permit or certificate of occupancy, where such a permit
is required by this chapter, or in violation of any conditions attached
to the. approval of a site plan by the Board of Trustees or special
permit or a variance by the Board of Appeals and who fails to abate
said violation within 30 days after written notice has been served
upon him either by mail or personal service shall be liable to a penalty
of $250 and, in addition, shall pay all the costs and expenses incurred
by the Village in determining such violation. Each day that a violation
continues shall constitute a separate offense.
B.
In case any building or structure is erected, constructed,
reconditioned, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the Trustees
of the Village of Pelham or the Building Committee or any other official
of the Village, in addition to other remedies, may institute any appropriate
action or proceeding through the Village Attorney in order 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 building, structure or land.
C.
Any person may file a complaint whenever a violation
of this chapter occurs. All such complaints must be in writing and
shall be filed with the Building Committee, which shall properly record
each such complaint and immediately investigate and report thereon
to the Board of Trustees of the Village of Pelham.
D.
The Building Committee shall maintain and make available
for public inspection a cumulative file of each violation of this
chapter, arranged by volume, sheet, block and lot numbers, so that
the full case history of each such violation may be easily determined.
