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:
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.
A.
Notice and punishment. After the fifth day following
written notice served by certified or registered mail or by personal
service by the Building and Code Enforcement Officer to the effect
that a violation of any of the provisions of this chapter exists,
for each and every such violation 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 $350 or imprisonment for
not more than six months, or both, for conviction of a first offense;
a fine not less than $350 nor more than $700 or imprisonment for a
period not to exceed six months, 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 $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, 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 $350 for the
first violation; not less than $350 nor more than $700 for the second
violation occurring within a period of five years; and not less than
$700 nor more than $1,000 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. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purposes only all provisions
of law relating to misdemeanors shall apply to such violations. 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.
