Fallsburg Town City Zoning Code
ARTICLE XI
Enforcement
§ 310-11.1 Building permits.
No building in any district shall be erected, reconstructed or restored, or structurally altered, or used, or changed from seasonal to year-round, without a building permit, and no vacant land over one acre shall be used in any manner not involving the construction of a building without a land disturbance permit. A building permit shall be duly issued upon application to the Code Enforcement Officer and, upon payment of the required fee, in accordance with the Standard Schedule of Fees of the Town of Fallsburg. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of all applicable regulations. Any permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful.
A.
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. In the case of accessory buildings, the Code Enforcement Officer may waive such of the requirements set forth in Subsection A(1) through (7) as may be deemed to be superfluous. Fees shall be in accordance with the Standard Schedule of Fees of the Town of Fallsburg.
(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 section, block, and lot numbers as they appear on the latest tax records.
(3)
The exact size and location on the lot of any proposed buildings or alteration of an existing building and of other existing buildings on the same lot.
(4)
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.
(5)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
(6)
Such topographic or 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.
(7)
Every application for a land use permit shall be accompanied by a plot plan drawn to scale and signed by the person responsible for such drawing, showing the manner in which the land is proposed to be used, and any proposed fencing, screening and landscaping.
B.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway except upon application to and approval by the Board of Appeals as set forth in § 280-a of the Town Law.
C.
No building permit shall be issued for any building that is subject to site plan approval by the Planning Board, except in conformity with the requirements of the said board.
D.
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 unless and until such approval has been duly granted by said board.
E.
No building permit shall be issued for a building that is permitted subject to a variance granted by the Board of Appeals except in accordance with all conditions which may have been prescribed by said board.
F.
The building permit application and all supporting documentation shall be made in such number of copies as may be required by the Code Enforcement Officer and shall be accompanied by the required fee, in accordance with the Standard Schedule of Fees of the Town of Fallsburg. On the issuance of a building permit, the Code Enforcement Officer shall return one copy of all filed documents to the applicant.
G.
The Code Enforcement Officer 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 Code Enforcement Officer shall state in writing to the applicant the reasons for such denial.
H.
Every building permit shall expire if the work authorized has not commenced within 12 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 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.
I.
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 Code Enforcement Officer 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.
§ 310-11.2 Land disturbance permits.
Other than the conduct of normal agricultural or farming practices, no person, firm or corporation shall commence to bulldoze, excavate, change the grade of, remove the vegetation from in the process thereof, or otherwise disturb any lands in excess of one acre without first submitting to the Code Enforcement Officer a proposed site plan, and receiving approval and permit to do the work applied for in compliance with this Chapter 310 of the Code of the Town of Fallsburg and/or Chapter 260, Subdivision of Land. No person shall commence work until a land disturbance permit application has been filed and approved by the Code Enforcement Office. A land disturbance permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Code Enforcement Officer may extend the permit for a period of an additional six months if work is proceeding at an appropriate rate. Forms shall be provided by the Code Enforcement Office and shall contain the following information:
A.
A permit fee in such amount as shall be set from time to time by resolution of the Town Board.
B.
A description of land on which the proposed work is to be done.
C.
Appropriate provisions to prevent erosion and runoff of sediment and silt on the premises.
D.
A proposed landscape plan indicating the condition in which the land shall be when the work is completed.
E.
Grading plan showing the extent of proposed grading and/or any required retaining walls.
F.
If, in the opinion of the Code Enforcement Officer, work has ceased and there is an apparent emergency (i.e., runoff of siltation, erosion or unstabilized earthen slope, etc.) that requires immediate action to abate a direct hazard or immediate danger to the real property environment or the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provisions of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. All costs incurred shall be assessed to the property owner and become part of the next annual assessment roll at the time and in a manner prescribed by the Town Law of the State of New York and subject to all the provisions thereof.
G.
Any person, firm, organization, corporation or group, whether as owner, lessee, agent or employee, who violates any of the provisions of this chapter, or who fails to comply with any orders or regulations made thereunder, shall be prosecuted pursuant to § 96-15 of the Town of Fallsburg Code.
[Amended 7-13-2020 by L.L. No. 5-2020]
§ 310-11.3 Certificate of occupancy.
See Chapter 96, § 96-7, for certificate of occupancy requirements.
§ 310-11.4 Duties of Code Enforcement Officer.
A.
It shall be the duty of the Code Enforcement Officer, who shall be appointed by the Town Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B.
The Code Enforcement Officer or his or her 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:
(1)
The Code Enforcement Officer (CEO) shall notify the owner and tenant before conducting any inspection.
(2)
The CEO or his or her duly authorized assistants shall display identification signed by the Town Supervisor upon commencing an inspection.
(3)
Inspections shall be commenced in the presence of the owner or his representative or tenant.
C.
The Code Enforcement Officer 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.
(1)
The Code Enforcement Officer shall also maintain records, open to the public, of every complaint or violation of the provisions of this chapter as well as action taken as a result of such complaints.
(2)
The Code Enforcement Officer (CEO) 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.
D.
Additional duties of the CEO can be found in other chapters of this Code.
§ 310-11.5 Penalties for offenses.
A.
Duplex development violations in § 310- 5.30, land disturbance permit violations as set forth in § 96-15 of the Town Code, and Architectural Review Board violations in Article XXX, violation of any provision or requirement of this chapter or violations of any statement, plan, application. permit or certificate approved under the provisions of this chapter shall be considered an offense punished by § 96- 15 of the Town of Fallsburg Code.
[Amended 6-8-2020 by L.L. No. 2-2020]
B.
The owner, general agent or contractor of a building, premises, or part thereof, where such a violation has been committed, shall be guilty of such an offense.
C.
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.
D.
The violation notice shall be written by the Code Enforcement Officer and shall be served by certified mail or by personal service.
E.
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.
F.
Any violation of this chapter is hereby declared to be a public nuisance and is subject to a project-wide stop-work order of all construction related activities. Such stop-work order shall be issued by the a member of the Code Enforcement Department, and such order shall remain in place until the violation is corrected, or a judicial order to the contrary has been granted.
[Amended 6-8-2020 by L.L. No. 2-2020]