[HISTORY: Adopted by the Town Board of the Town of Boston 9-2-1987
by L.L. No. 3-1987. Amendments noted where applicable.]
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.
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[2]]
(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.
[2]
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.
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:
(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),[1] 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.
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.
