Cobleskill Village City Zoning Code
§ 160-15.2
Permits; certificates.
A.
Zoning permit. Each zoning permit issued shall state that the proposed structure and land use comply with all provisions of this chapter.
(1)
In all districts, a zoning permit is required whenever:
(a)
Any structure coming under the provisions of this chapter is erected, reconstructed, structurally altered, moved or demolished.
(b)
Any change in use occurs in an existing building.
(c)
Any change in use occurs in a nonconforming building.
(d)
Any use is established on vacant land.
(2)
All applications for a zoning permit shall be accompanied by:
(a)
Such sketch plans and supporting documentation as the Code Enforcement Officer may reasonably require to determine compliance with this chapter.
(b)
Payment of the fee required for such permit application by the fee schedule established or to be established by the Village of Cobleskill Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is available from the Codes Office.
(c)
If both a zoning permit and a building permit are required, application and publication for each may be made simultaneously.
B.
Building permit.
(1)
In all districts, a building permit issued by the Code Enforcement Officer shall be required to erect, reconstruct, restore, structurally alter or demolish any structure or to add additional residential or commercial units or area. Normal maintenance of any structure shall not require a building permit.
(2)
Demolition permit.
(a)
If an applicant is proposing a new use that requires demolition of an existing building, demolition of that building shall be reviewed as part of a complete application for site plan review. There shall be coordinated and concurrent review of this action with demolition and rebuilding. The Code Enforcement Officer shall issue the demolition permit upon approval by the Planning Board.
(b)
When demolition is proposed without a proposal for redevelopment, the Planning Board shall conduct a review of the demolition and landscape plans. The Planning Board shall, without limitation, require the following elements as a condition of its approval:
[1]
The parcel shall be seeded with grass and landscaped with trees. Deciduous trees are preferred and shall have at least a two-inch caliper at the time of planting.
[2]
Trees shall be provided within the lot at a minimum density of one tree per 1,000 square feet of lot and along the side of the street with a maximum spacing of 30 feet on center. The Tree Committee is available for consultation regarding the type and placement of trees throughout the Village.
[3]
If a sidewalk is present prior to demolition, such sidewalk shall be maintained or restored after demolition so that the sidewalk is safe for pedestrians and free of rubble and cracks.
[4]
The requirements of § 160-15.2B(2)(b) shall not apply when an applicant is only proposing to demolish an accessory structure measuring 500 square feet or smaller, and as a result the Village Planning Board shall not need to conduct a site plan review.
[Added 9-16-2014 by L.L. No. 3-2014]
(c)
The Planning Board may require additional landscaping or street furniture to maintain a pedestrian atmosphere at the site.
(d)
When demolition occurs, water, sewer and all other utility lines shall be located, marked, capped and inspected and approved by the appropriate department prior to final site treatment.
(e)
If a demolition permit is granted, the demolition and site restoration shall be completed within 90 days. If demolition occurs during the months of November through March, seeding and landscaping shall be completed by May 31.
(3)
No permits shall be issued unless:
(a)
The proposed construction, restoration, alteration, demolition or addition conforms fully to all provisions of this chapter or has received a variance from the Board of Appeals.
(b)
A zoning permit has been issued pursuant to this chapter.
(c)
The proposed construction, restoration, alteration, demolition or addition conforms to the requirements of the New York State Uniform Fire Prevention and Building Code[2] and other applicable federal, state and local laws and regulations.
[2]
Editor's Note: See Ch. 58, Art. I, Building Codes Administration.
(4)
Every application for a building permit shall contain all information as required and must be accompanied by:
(a)
A plot plan showing the exact measurements from the street and lot lines to the foundation or structure or, if required by § 160-7 of this chapter, evidence of final site plan approval by the Planning Board within one year of the date of the application.
(b)
Complete plans for the proposed construction, restoration, alteration, demolition or addition unless the Planning Board has authorized phased building permits pursuant to § 160-7.2C(6) of this chapter.
(c)
Payment of the fee required for such permit by the fee schedule established or to be established pursuant to § 160-15.1B of this chapter.[3]
[3]
Editor's Note: The fee schedule is available from the Codes Office.
(5)
The building permit application and all supporting documentation shall be submitted in such a number of copies as may be required by the Code Enforcement Officer by general rule. Upon issuance of a building permit, the Code Enforcement Officer shall return one copy of all filed documents to the applicant.
(6)
No less than seven or more than 32 calendar days after receipt of the complete application, the Code Enforcement Officer shall issue or deny the building permit. If the permit is denied, the Code Enforcement Officer shall notify the applicant in writing with a statement of the reasons for the decision to deny the permit.
(7)
The following residential building permit applications are exempt from the foregoing waiting period and publication requirement: alterations to one-family and two-family dwellings, including the erection, reconstruction, alteration or demolition of porches that are 120 square feet or less in size and decks, aboveground pools and accessory structures, including fences.
(8)
If both a zoning permit and a building permit are required, application and publication may be made simultaneously.
(9)
A zoning permit shall not be issued for the construction or alteration of any building upon a lot without access to a street or highway, as stipulated in § 7-736 of the Village Law.
(10)
A building permit for any structure subject to site plan review or Historic District Review Commission review,[4] or both, shall be issued only in strict conformity with the plans approved by the Planning Board or the Historic District Review Commission, or both, and within one year of such approval.
[4]
Editor's Note: See Ch. 90, Historic Districts and Landmarks.
(11)
A building permit issued for any structure permitted subject to a variance granted by the Board of Appeals shall be issued only in strict accordance with all conditions prescribed by the Board of Appeals and within no more than one year of the granting of such variance.
(12)
The building permit shall be posted conspicuously and continuously on the work site until the construction project is complete.
(13)
Commercial and residential building permits for projects valued under $500,000 shall be valid for 90 days to start construction and for 12 months to complete construction.
(14)
Commercial and residential building permits for projects valued over $500,000 shall be valid for 90 days to start construction and for 18 months to complete construction. Such building permits may be extended once for a period of six months. Extensions must be applied for in writing and are subject to a fee as set in a resolution adopted annually by the Board of Trustees.
(15)
The Code Enforcement Officer may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken without a new building permit application, publication and issuance.
(16)
Building permits for partial phases of a construction project may be issued subject to the following requirements:
(a)
Application for any phased building permit shall include:
[1]
Authorization for such phased building permits by the Village Planning Board pursuant to § 160-7, Site Plan Review.
[2]
Evidence of final site plan approval by the Planning Board within one year of the date of the application.
[3]
Complete and detailed plans for the project phase to which the building permit applies.
[4]
Schematic plans for all subsequent phases of the project, including, at minimum, all entrances and exits and all exterior and interior walls.
(b)
Building permits for phases of construction less than the total project shall only be issued subject to the following conditions:
[1]
The issuance of a building permit for one or more phases of a construction project shall not constitute, guarantee, imply or support the issuance of a building permit for any subsequent phase of said project.
[2]
The Code Enforcement Officer or the Zoning Board of Appeals shall not include costs incurred by the applicant or owner in one or more phases of a construction project as a factor in consideration of the issuance of a building permit for any subsequent phase of said project.
(c)
Substantial deviation from or revision to schematic plans submitted as part of the application for a building permit for one or more phases of a construction project shall be grounds for denial of a building permit for any subsequent phase of said project unless the revised plans for the project, taken as a whole and including all phases previously constructed or under construction, would fulfill completely the requirements for issuance of a certificate of compliance and building permit if application were made anew. Construction work pursued under a building permit issued for one or more phases of a project shall be inspected and approved by the Code Enforcement Officer prior to issuance of a building permit for any subsequent phase.
C.
Temporary manufactured housing. A temporary manufactured home may be located on a lot while construction of a permanent dwelling is undertaken subject to the following provisions:
(1)
The temporary manufactured home must be occupied by the lot owner who is constructing the permanent dwelling.
(2)
The owner shall obtain a permit from the Code Enforcement Officer prior to locating a temporary manufactured home on any lot. The permit cannot be issued unless the Code Enforcement Officer has granted a building permit for a structure on the lot.
(3)
The permit remains in effect for six months and may be renewed for one additional six-month period if the Code Enforcement Officer finds that the construction has been diligently pursued and justifiable circumstances require an extension. The manufactured home must be removed within two weeks from the date a temporary certificate of occupancy is issued for the permanent dwelling but prior to the issuance of a final certificate of occupancy.
D.
Construction trailers. No more than two construction trailers shall be permitted on the site of construction being pursued subject to a valid building permit issued pursuant to this chapter, provided that:
(1)
Construction trailers are used only for office space or storage of materials and equipment and related uses.
(2)
No construction trailer is used for temporary or permanent residential purposes.
(3)
All construction equipment and materials are removed prior to issuance of a certificate of occupancy pursuant to this chapter.
E.
Certificate of zoning compliance. A certificate of zoning compliance shall be issued when the applicant has fully complied with all terms and conditions of the zoning permit issued for the subject project.
F.
Certificate of occupancy.
(1)
In all districts, no building or structure for which a building permit has been issued shall be occupied or used unless the Code Enforcement Officer issues a certificate of occupancy.
(2)
The certificate of occupancy shall state that the building or structure fully complies with the requirements of the New York State Uniform Fire Prevention and Building Code,[5] this chapter, the terms of any variance, the certificate of zoning compliance or historic district certificate of appropriateness[6] granted in accordance with this chapter and other applicable local laws.
[5]
Editor's Note: See Ch. 58, Art. I, Building Codes Administration.
[6]
Editor's Note: See Ch. 90, Historic Districts and Landmarks.
(3)
No certificate of occupancy shall be issued unless and until a certificate of zoning compliance has been issued.