Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor, is required. Fees shall be in accordance with the Standard Schedule of Fees of the Town of Cornwall as may be adopted from time to time by resolution of the Town Board.[1]

No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in § 280-a of the Town Law.

No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.

No building permit shall be issued for any special permit use in any district where such use is subject to approval by the Planning Board/Town Board unless and until such approval has been duly granted by said Board.

The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.

The Building Inspector shall, within 10 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 Inspector shall state in writing to the applicant the reasons for such denial.

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 for construction costing less than $1,000,000 and has not been completed within 30 months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the Building Inspector 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.

As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot.

No sign in any district shall be erected or structurally altered without a building permit duly issued upon application to the Building Inspector. Temporary building permits, not to exceed a period of six months, shall be issued by the Building Inspector for signs made of cardboard, paper, canvas or similar impermanent material. The Board of Appeals may extend the building permit for said sign an additional six-month period.

The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:

No certificate of occupancy shall be issued for any special permit use of a building or of land requiring special permit approval or for any land or use requiring site plan approval by the Planning Board unless and until such special permit or site plan approval has been duly granted by the Planning Board. Every certificate of occupancy for which special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject.

Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Building Inspector after erection of such building or part thereof has been completed in conformity with the provisions of this chapter. In the case of a new building, such application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.

If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes 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 Inspector within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Building Inspector shall state the reasons in writing to the applicant.

With regard to those uses which are subject to the performance standards procedure, the following requirements shall also apply:

Fees for certificates of occupancy shall be in accordance with the Standard Schedule of Fees of the Town of Cornwall as may be adopted from time to time by resolution of the Town Board.[1]

A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continuance and use of the building or land to which it applies.

Certificates involving wells, septic systems or roads.

A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the town, and such record shall be available for viewing by the public during normal working hours.

The Office of Building Inspector is hereby established. The Building Inspector shall be appointed by the Town Board. It shall be his duty to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant to the same. The Town Board may appoint one or more Deputy Building Inspectors to exercise any or all of the duties of the Building Inspector.

The Building Inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:

The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith, as well as final certificates and permits.

The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.

The Building Inspector shall submit to the Town Board, for insertion in the Board minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as a result of such complaints.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building code, ordinances, laws or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or is in an unsafe or dangerous manner or is not in conformity of the provisions of any approval granted by any board of the Town, he shall notify the owner of the property or the owner's agent, or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such stop order and notice shall be in writing, shall state the conditions under which the work may be resumed and shall be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail, return receipt requested, to the owner of the property at the address appearing on the latest completed assessment roll of the Town.

Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $250.

The owner, employee or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.

Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.

Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Inspector and shall be served by certified mail, return receipt requested, or by personal service.

The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.

Violation of any provision or requirement of this chapter, or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter, shall be subject to a civil penalty of $250 per day; further, in the event that the Town successfully commences a civil action for an injunction and/or such civil penalty, the party found liable for such violation shall also be liable for the reasonable attorney's fees incurred by the Town in prosecuting such action.