No building or structure in any district shall be erected, structurally altered or moved, nor shall any site preparation be commenced, nor shall any activities be controlled by Chapter 83, Clearing and Grading (including grading or clearing of trees or brush from 10,000 square feet or more of the area of a parcel or any filling or excavating of 400 cubic feet or more or timber harvesting), without a building permit duly issued upon application to the Building and Code Enforcement Officer. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation 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.
A. 
Fee and plot plan. Every application for a building permit shall be accompanied by a fee as prescribed by Chapter 104, Fees, of the Town of Newburgh Municipal Code and by a plot plan drawn to scale showing:
(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 exact size and locations on the lot of the proposed building or buildings or alterations of any existing building and of other existing buildings on the same lot.
(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 the building or buildings are designed to accommodate.
(5) 
Such topographic and 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. 
Planning Board approval. 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 in accordance with Article IX of this chapter.
C. 
Filing of application. The application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the Building and Code Enforcement Officer shall return one copy of all documents filed to the applicant.
D. 
Time limitation on issuance or denial. The Building and Code Enforcement Officer shall, within 20 working 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 and Code Enforcement Officer shall state in writing the reasons for such denial. For purposes of this section, “working days” shall mean weekdays other than holidays and days when the issuing department is closed due to an emergency or for other reasons.
[Added 6-20-2005 by L.L. No. 10-2005]
E. 
Expiration or extension of permits. Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other Town regulations affecting the subject property have been enacted in the interim, the Building and Code Enforcement Officer may authorize, in writing, the extension of either above period an additional six months, following which no further work is to be undertaken without a new building permit.
A. 
Required. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of a building or the land to which it applies. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building and Code Enforcement Officer:
(1) 
Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.
(2) 
Occupancy, use or any change in the use of any land.
(3) 
Any change in use of a nonconforming use.
B. 
Planning Board and/or Zoning Board of Appeals approval. No certificate of occupancy shall be issued for any use of a building or of land allowed by either the Zoning Board of Appeals in the course of its duties or by the Planning Board as specified in Article IX of this chapter unless and until such approval has been duly issued by said Board. Every certificate of occupancy for which approval has been issued or in connection with which a variance has been granted shall contain a detailed statement of the conditions to which the same is subject.
C. 
Application. Application for a certificate of occupancy on a form furnished by the Building or Code Enforcement Officer for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter. Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter. Such certificate shall be issued within 10 days after receipt of said application, but only provided that all requirements of all applicable codes, ordinances or local laws in effect are complied with.
D. 
Required landscaping. Where shade trees or other landscaping is part of the submission requirements of a site plan or a subdivision plat, either a performance bond shall be issued or a nurseryman's guaranty provided to insure that required plantings survive in good health for a minimum of two years or are replaced by stock that survives in good health for a minimum of two years. Evidence of such bond or guaranty shall be presented to the Building and Code Enforcement Officer prior to the issuance of a certificate of occupancy.
E. 
Time limitation on issuance. If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws 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 and Code Enforcement Officer within 10 days after the receipt of a written application therefor.
F. 
Fee. Every application for a certificate of occupancy shall be accompanied by a fee as prescribed in Chapter 104, Fees, of this Code.
G. 
Statement of compliance.
(1) 
As-built plans. Every application for a certificate of occupancy that involves new construction or development shall be accompanied by as-built plans, certified by a licensed surveyor, and shall show the actual location of all site improvements, including but not limited to water supply facilities, sewage disposal facilities, drainage facilities, roadways, driveways, buildings, recreational facilities and any use of open land areas of the property.
(2) 
Certification by design professional. Every application for a certificate of occupancy that involves facilities or improvements that are to be dedicated to the Town shall be accompanied by a letter of certification from a licensed design professional stating that all such facilities were constructed in conformance with the approved plans.
(3) 
Site plan conformance. The Building and Code Enforcement Officer shall certify that the completed site construction complies with the approved plans and all amendments thereto, if any, prior to the issuance of a certificate of occupancy.
H. 
Issuance at request of owner. Upon written request by the owner and upon payment of a fee as set by Chapter 104, Fees, of this Code, the Building and Code Enforcement Officer shall, after inspection, issue a certificate of occupancy for any building or use thereof, or use of land existing at the time of adoption of this chapter, certifying such use (including the number of employees) and whether or not the use and the building conform to the provisions of this chapter.
I. 
Records of certificates of occupancy. A record of all certificates of occupancy shall be kept in the office of the Building and Code Enforcement Officer, and copies shall be furnished on request to any agency of the Town or to any person having a proprietary or tenancy interest in the building or the land affected.
[Added 7-20-2009 by L.L. No. 9-2009]
A violation of any condition of a permit, certificate, approval, variance, site plan, special exception, special use permit, or other authorization granted or issued by any board or Town department in the exercise of its jurisdiction pursuant to this chapter shall be considered a violation of this chapter, and subject to the enforcement and penalties provisions established herein.
A. 
Enforcement of chapter. It shall be the duty of the Building and Code Enforcement Officer, who shall be appointed by the Town Board, to enforce the provisions of this chapter and of all rules, regulations, conditions and requirements adopted or specified pursuant thereto. The Building and Code Enforcement Officer shall have the following powers necessary to carry out his duties:
(1) 
To make inspections of buildings or premises upon notice to the owner or occupant thereof at any reasonable hour.
(2) 
To issue summonses and appearance tickets.
(3) 
To file criminal information.
(4) 
To commence actions in a court of competent jurisdiction for injunctive or such other relief as appropriate.
(5) 
To enforce all conditions of approvals made by the Planning Board and the Zoning Board of Appeals.
B. 
Coordination. Said Building and Code Enforcement Officer shall coordinate his activities with the activities of other applicable Town agencies.
C. 
Records. Said Building and Code Enforcement Officer shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him. All files and records shall be open to public inspection.
D. 
Complaints. Said Building and Code Enforcement Officer shall keep a record of every identifiable complaint of a violation of any kind of the provisions of this chapter and of the action taken consequent to each such complaint. All records shall be public records.
E. 
Reports. Said Building and Code Enforcement Officer shall report to the Town Board at intervals of not greater than three months summarizing for the period since his last previous report all the building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him consequent thereon.
[Amended 3-10-2025 by L.L. No. 1-2025]
A. 
Penalties. For each and every violation of any of the provisions of this chapter, any person who commits, takes part in, or assists in such violation, or who maintains any building or premises in which any such violation shall exist, shall be guilty of an offense. Upon conviction thereof, the person violating the same shall be subject to a fine of not more than $700 or imprisonment for not more than 15 days, or both, for conviction of a first offense; a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a second offense committed within a period of five years of the committing of the first offense; and a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate additional violation. No notice shall be required for a violation which is a continued or a recurring violation for which an original notice has already been given.
B. 
Civil penalties. A person who commits, takes part or assists in violation of any provision of this chapter or who maintains a building or premises in which any such violation shall exist shall be subject to monetary civil penalties not exceeding $700 for the first violation; not less than $700 nor more than $1,000 for the second violation occurring within a period of five years; and not less than $1,000 nor more than $1,500 for a third or subsequent violation occurring within a period of five years. Each week's continued violation shall constitute a separate additional violation.
C. 
Jurisdiction. The Justice Court of the Town of Newburgh shall have original and trial jurisdiction over summonses and appearance tickets served and informations filed charging violations of this chapter. Each week's continued violation shall constitute a separate additional violation.
D. 
Procedure for abatement. 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 or any regulations made under authority conferred hereby, the Town Board or, with its approval, the Building and 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; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about such premises.