Town of Boston, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Boston 9-2-1987 by L.L. No. 3-1987. Amendments noted where applicable.]
GENERAL REFERENCES

Flood damage prevention — See Ch. 60.

Mobile home courts — See Ch. 70.

Soil removal — See Ch. 101.

Swimming pools — See Ch. 107.

Zoning — See Ch. 123.

§ 57-1
Enforcement Officer. 

§ 57-2
Building permits. 

§ 57-3
Certificates of occupancy. 

§ 57-4
Inspections; records. 

§ 57-5
Fees. 

§ 57-6
Penalties for offenses. 

§ 57-7
Advisory Committee established; membership; duties. 

The position of Code Enforcement Officer of the Town of Boston is hereby created and designated to administer and enforce the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Town of Boston. The duly appointed Building Inspector and Deputy Building Inspector shall be the Enforcement Officers.

A. 

No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, nor install woodburning equipment, without having applied for and obtained a permit from the Code Enforcement Officer. However, no permit shall be required for:

(1) 

The performance of necessary repairs which are not of a structural nature.

(2) 

Alterations to existing buildings, provided that the alterations:

(a) 

Do not materially affect structural features.

(b) 

Do not affect firesafety features, such as smoke detectors, sprinklers, required fire separations and exits.

(c) 

Do not involve the installation or extension of electrical systems.

(d) 

Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.

(3) 

Small noncommercial structures of less than 100 square feet not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, for example, a small storage building.

B. 

Applications for a building permit may be obtained from the office of the Town Clerk. A completed application shall be delivered to the Code Enforcement Officer and must include:

(1) 

Copy of deed to the property.

(2) 

Survey, or true copy, of the property.

(3) 

Plot plan showing location of proposed construction, to include building dimensions and setbacks.

(4) 

Blueprints or working drawings of proposed construction, one set to be filed with the Town Clerk. Plans showing a gross habitable area in excess of 1,500 square feet or alterations costing over $10,000 must be stamped with the seal of an architect or professional engineer registered in New York State. Residential energy survey must be completed.

(5) 

Certificate of insurance.

(6) 

Driveway culvert permit.

(7) 

Erie County Health Department certificate of approval for septic systems, or sewer tap permit from Erie County, Sewer District.

(8) 

Permit fee paid to Town Clerk.

(9) 

The signature of the applicant and owner.

(10) 

Such other information or documentation required under the Zoning Law of the Town of Boston.

Editor's Note: See Ch. 123, Zoning.
[Added 12-31-1990 by L.L. No. 11-1990]

C. 

The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.

D. 

A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.

E. 

A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.

F. 

Such building permit shall remain effective only if work commences within 180 days from and is completed within one calendar year from the date of issuance.

[Amended 12-31-1990 by L.L. No. 11-1990]

G. 

Permit boundary restrictions.

[Added 11-3-1993 by L.L. No. 1-1993
Editor's Note: Section one of this local law provided as follows:
Legislative Findings: The Town Board hereby makes the following legislative findings as respects the availability of land for development within the Town of Boston:
a. That within the geographic area herein described there has developed shortage of water for domestic use due to the limited supply and substantial development. This has resulted in hardship to the residents currently living within the aforesaid geographic area.
b. That at the present time municipal water service is not available to the residents within the geographic area.
c. That the Town of Boston, together with the Town of Orchard Park and the Erie County Water Authority are attempting to provide a water supply and distribution system to provide municipal water service to the residents of part or all of the geographic area described herein through a committee known as the California Project Advisory Committee of which the Town of Boston is a member.
d. That, it is anticipated that municipal water service may be available to the residents of all or part of the geographic area by December 31, 1995.
e. That in order to avoid hardship to individuals intending to construct dwellings within the geographic area herein described the Town Board has determined that restrictions should be placed on certain building within said area to reduce the likelihood that individuals will construct dwellings without having available well water.
Section three of this local law provided that it shall take effect as provided by the Municipal Home Rule Law of the State of New York and shall expire on May 31, 1994, unless extended pursuant to a resolution adopted by a majority of the members of the Town Board.
]

(1) 

No permit for the construction of a dwelling or dwelling unit shall be issued in the following geographic area except with the approval of the Town Board:

(a) 

All that tract and parcel of land situate in the Town of Boston, County of Erie and State of New York and being bounded and described as follows: Beginning at the intersection of the center lines of Herman Hill Road and South Abbott Road in the Town of Boston, running thence easterly along the center line of Herman Hill Road to its intersection with the center line of Ward Road, running thence easterly along the center line of Ward Road to its intersection with the center line of Cole Road, running thence southerly along the center line of Cole Road to its intersection with the center line of Omphalius Road, running thence westerly along the center line of Omphalius Road to its intersection with the center line of the Boston State Road, running thence northerly along the center line of the Boston State Road to its intersection with the center line of South Abbott Road, running thence northerly along the center line of South Abbott Road to its intersection with the center line of Herman Hill Road, said point being the point and place of beginning; and

(b) 

All that tract or parcel of land situate in the Town of Boston, County of Erie and State of New York being further identified as follows: All property having frontage on Cole Road north of the intersection of Cole and Omphalius Roads, and all property having frontage on Omphalius Road west of the intersection of Omphalius and Cole Roads.

(2) 

This section shall not apply where the dwelling will receive water service from the Erie County Water Authority.

A. 

No building erected subject to the Uniform Code and this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used unless a certificate of occupancy has been issued.

B. 

No building shall be converted from one general occupancy classification to another, as defined in the Uniform Code, unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for all certificates of occupancy.

C. 

A temporary certificate of occupancy may be issued by resolution of the Town Board of the Town of Boston if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended as determined by the Enforcement Officer. One temporary certificate of occupancy may be issued but shall expire six months from the date of issuance and, thereafter, may only be renewed for good cause shown by resolution of the Town Board of the Town of Boston.

[Amended 12-31-1990 by L.L. No. 11-1990]

D. 

No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.

A. 

New construction.

(1) 

Work for which a building permit has been issued under this chapter shall be inspected for approval prior to enclosing or covering any portion thereof so as to permit the observation of, but not limited to, the following:

(a) 

The foundation prior to backfilling.

(b) 

Rough inspection prior to installing insulation and having completed rough plumbing, heating and wiring.

(c) 

Insulation inspection prior to applying any interior finish or covering over the insulation material.

(d) 

Fire protection and detection systems and exit features.

(2) 

Final inspection must be completed prior to occupancy of structure.

(3) 

In addition, the Code Enforcement Officer may require such other inspection as he may deem reasonably necessary. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection 24 hours in advance and to schedule such inspection with the Code Enforcement Officer.

B. 

Firesafety inspections.

(1) 

Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic firesafety inspections for compliance with the Uniform Code in accordance with the following schedule:

(a) 

All areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly and the common areas of multiple dwellings: every 12 months.

(b) 

All buildings or structures open to the general public: every 12 months.

(2) 

Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required. However, this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.

C. 

The inspections shall be performed by the Code Enforcement Officer. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such order shall be served in person upon a responsible party or his authorized agent or by certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.

D. 

A person subject to inspection may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other person whose experience and training have been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the result of his inspection to the Town of Boston. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this chapter.

E. 

If the Code Enforcement Officer is the owner of or is involved in work on the premises to be inspected or if there shall otherwise be any conflict of interest, the Town Board shall appoint a qualified individual to perform such duties.

F. 

The Code Enforcement Officer shall make provision for a system of records of the activities specified in this section, of building permit applications, building permits issued and of fees charged and collected, if any.

[Amended 10-4-2000 by L.L. No. 2-2000]

Fees payable for permits, inspections and certificates pursuant to the provisions of this chapter shall be as set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, including but not limited to fees for building permits (except for permits relating to telecommunications facilities pursuant to Local Laws 6 and 9 for the year 1997),

Editor's Note: See § 123-128.1 of this Code.
fire safety inspections, and certificates of occupancy.

A. 

If no other penalty for violation of any part of this chapter or orders issued in compliance with this chapter is provided otherwise by law, a person violating such part of this chapter or such orders shall be punishable by a fine of $250 or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation.

B. 

An action or proceeding in the name of the Town of Boston may be commenced in any court of competent jurisdiction to compel compliance with or restrain violation of this chapter, or orders issued in compliance with this chapter.

[Added 11-3-1993]
A. 

The Town Board hereby establishes the East Hill Advisory Committee, to be comprised of the following persons:

(1) 

The Code Enforcement Officer of the Town of Boston.

(2) 

The Town Engineer of the Town of Boston.

(3) 

The Chairman of the Boston Planning Board or his designee.

(4) 

A Town Board member.

(5) 

Five citizens from the geographic area covered by Local Law Number 1-1993

Editor's Note: See § 57-2G.
appointed by the Town Board to serve subject to the rules and procedures set forth in this section.

B. 

Upon receipt of an application for a building permit which is subject to the said local law, the following shall constitute the Review Committee for said application:

(1) 

All Town officials and employees hereinabove designated.

(2) 

Three of the five citizens as hereinafter selected.

C. 

The three private citizens shall be selected by eliminating from consideration the citizen residing closest to the applicant site and by selecting three citizens to serve out of the remaining four, giving preference to those residing farthest from the applicant site.

D. 

The Review Committee for each application shall review said application and make a written recommendation to the Town Board based upon the following criteria:

(1) 

The status of existing wells in the general area adjacent to the applicant site.

(2) 

The proximity of any new well to existing wells.

(3) 

The ratio of successful wells to the total number of wells dug in the general area.

(4) 

The depth of successful wells in the area.

(5) 

The rate of recovery of successful wells in the area.

(6) 

The amount of water use anticipated by the applicant.

(7) 

The anticipated timetable for construction of the dwelling, digging of the well and occupation of the property.

(8) 

The anticipated interval between occupation of the property and the availability of municipal water service.

(9) 

Such other factors as the Committee shall deem important as a result of its review of the application.

E. 

The Committee shall make its written report to the Town Board as soon as practicable but it no event more than 60 days after the application is referred to it for consideration.

F. 

The Town Board member selected to serve on this Committee be and he is hereby appointed the Chairman thereof to serve in such capacity pending a further resolution of the Town Board. The Chairman shall have the responsibility to call meetings of the Committee and to appoint a Secretary thereof and shall have such other powers and duties as may be from time to time conferred by further resolution of the Town Board.