Marion Town City Zoning Code
ARTICLE V
Administration by Department of Building and Zoning
§ 308-22 Establishment of Department; administration and enforcement of regulations. [1]
There is hereby established the Department to be known as the "Department of Building and Zoning" (hereinafter referred to as "Department"). The purpose of this Department is for the administration and enforcement of the provisions of all laws, codes, rules, regulations, ordinances, and orders relating to the use of: land, building and structures or the development, construction, and maintenance thereof, including but not limited to the following:
A.
Chapter 103, Alarm Systems.
B.
Chapter 153, Flood Damage Prevention.
C.
Chapter 164, Inspectors, Third-Party, Article I, Electrical Inspections.
D.
Chapter 206, Property Nuisance Abatement.
E.
Chapter 245, Subdivision of Land.
F.
Chapter 308, Zoning.
G.
New York State Uniform Fire Prevention and Building Code.[2]
[2]
Editor's Note: See Ch. 135, Construction Codes, Uniform.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 308-23 Designation of officer; employees.
A.
Code Enforcement Officer. The Department shall be headed by a Town official designated as the Code Enforcement Officer; who shall be appointed by the Town Board at a compensation to be fixed by it. The duty of administering and enforcing the provisions of this chapter as well as other duly adopted regulations designated by the Town Board is hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred upon him by such regulations as reasonably may be implied.
B.
Acting Code Enforcement Officer. In the absence of the Code Enforcement Officer or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all powers assigned or delegated this office.
C.
Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the function of the Department, the compensation of such employees shall be fixed by the Town Board.
§ 308-24 Administrative powers and duties.
A.
To examine and inspect. It shall be the duty of the Code Enforcement Officer or a duly authorized assistant prior to issuing any permits or certificates to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter or any other duly adopted regulations related to land use, building use, and/or construction located within the Town of Marion. In addition, the Code Enforcement Officer or his assistant shall make required site inspection at various stages of site development and construction to insure work follows state and local regulations and approved plans and specifications.
(1)
Construction and job site inspections include:
(a)
Proposed site development and soil tests. Prior to actual site development and construction, the following shall be witnessed and reviewed in the field by the Code Enforcement Officer:
[1]
Soil testing shall include perk test, deep holes and, if appropriate, soil compaction test.
[2]
Accessways: to observe location for safety and visibility.
[3]
Drainage: to observe site conditions relating to existing and proposed contours to protect new and existing facilities and surrounding properties from surface water runoff.
[4]
Location of existing and proposed structures, wells, sanitary sewage facilities to meet local and state codes.
(b)
Construction inspections. Work for which a permit has been issued shall be inspected for approval prior to enclosing or covering any portions thereof and upon completion of each stage of construction, including the following:
[1]
Footing: prior to pouring concrete.
[2]
Foundation: prior to backfilling.
[3]
Framing.
[4]
Electrical: by Town-approved inspection agency.
[5]
Plumbing.
[6]
Heating and air-conditioning systems.
[7]
Insulation.
[8]
Chimneys, flues and wood-burning equipment installations.
[9]
Water and sewer connections:
[a]
Private. Installation of wells, including supply lines shall be inspected by the Code Enforcement Officer. Installation of sewage systems shall be inspected by the Code Enforcement Officer, and, in addition, the design engineer shall also inspect and approve installation and certify to the Town the same.
[b]
Public. Water and sewer connections shall be inspected by the Wayne County Water Authority, in regard to water, and the Marion Wastewater Treatment Plant (WWTP), in regard to sewers.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Fire prevention and safety inspections.
(a)
Multiple units. All dwelling units in a building consisting of three or more such units shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code at least once in every 36 months. Inspection of the common areas of such building such as halls, foyers, staircases, etc., shall be inspected at least once in every 24 months.
(b)
Areas of public assembly. Firesafety inspections of buildings or structures with areas of public assembly as defined in Part 606 of Title 9 of the Official New York State Compilation of Codes, Rules and Regulations shall be performed at least once in every 12 months.
(c)
Other buildings. All other buildings, uses and occupancies (except one-and-two-family dwellings) shall be inspected at least once in every 24 months.
(3)
Authority to inspect.
(a)
Where permits are required, the Code Enforcement Officer may, at all reasonable hours, enter any building or premises within the Town of Marion for the purpose of making required inspections.
(b)
The Code Enforcement Officer may at any reasonable hour enter any building, with the exception of a dwelling, for the purpose of making any inspection or investigation to insure compliance with the provisions of this chapter, New York State Uniform Fire Prevention and Building Code, or other duly adopted regulations.
(c)
Should entrance to make an inspection be refused or permission to enter be unobtainable, application may be made for a warrant to make such inspection to any court of competent jurisdiction. [See § 308-25F(5).]
(d)
The Code Enforcement Officer may, when he deems necessary, require an applicant to have an inspection performed at the applicant's expense by a competent inspector acceptable to the Code Enforcement Officer of the Town of Marion. Such inspector may be a registered architect, licensed professional engineer or certified Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Code Enforcement Officer. {See § 308-24A(1)(b)[9].}
(4)
Inspection upon request of complaint. An inspection of a building or dwelling unit shall be performed at any other time upon:
(a)
The request of the owner, lessee, or authorized agent;
(b)
Receipt of a written statement specifying the ground upon which the subscriber believes a violation of the Town of Marion rules and regulations.
(c)
Other reasonable and reliable information that such violation exists.
B.
Issuing certificates and permits. It shall be the duty of the Code Enforcement Officer or duly authorized assistant to issue zoning permits, building permits, special permits, and certificates of compliance, all in accordance with §§ 308-25B, C, D, E, respectively. No permit or certificate shall be issued until an application has been made and all fees, deposits and securities, as well as all appropriate information has been received, reviewed and approved by the Code Enforcement Officer and/or the appropriate regulating board when so specified. (See § 308-30, Fees, deposits and securities.)
C.
Application form and fees.
(1)
It shall be the responsibility of the Code Enforcement Officer within the Department of Building and Zoning to provide all necessary forms, regulations, fee schedules, instructions and required details regarding all applications for zoning permits, building permits, special permits, certificates of compliance, including variances, interpretation and appeals applications to the appropriate boards of review. (See Article VI.)
(2)
It shall be the responsibility of the Code Enforcement Officer to collect all established fees and account for all funds received to the Town Clerk's Office.
D.
Maintain records. The Code Enforcement Officer shall maintain a permanent record of all matters considered and all actions taken by him. Such records shall form a part of the records of the Building and Zoning Department and shall be available to the public and officials of the Town of Marion. The records to be maintained shall include the following:
(1)
Application file. A permanent file for each permit application shall be established at the time the application is made. Said file shall contain a copy of the application and all supporting documents such as:
(a)
Maps and plans.
(b)
Environmental assessment determination.
(c)
Notations regarding pertinent dates and fees.
(d)
Town Engineer review and comments.
(e)
Date of referral to the Wayne County Planning Board.
(f)
A copy of the resolution of the Zoning Board of Appeals or Planning Board in acting on application, if applicable, and action taken by such Board.
(g)
The date the permit was issued or denied by the Code Enforcement Officer.
(2)
New York State Board of Review actions. A permanent file shall be maintained for public inspection containing copies of all decisions rendered by the New York State Board of Review pertaining to matters affecting the Town of Marion.
(3)
Monthly report. The Code Enforcement Officer shall prepare a monthly report for the Town Board. Said report shall include all actions taken by the Code Enforcement Officer, including all referrals made, house numbers issued, all permits and certificates issued and denied, all complaints of violations received, all violations found, and the action taken by the Code Enforcement Officer consequent thereto. A copy of this monthly report shall be transmitted to the Tax Assessor, Town Clerk, Highway Superintendent, Town Board, Planning Board, Zoning Board of Appeals and Fire Department.
E.
Cooperation of other departments. The Code Enforcement Officer may request and shall receive, as well as render, so far as may be necessary in the discharge of required duties, the assistance and cooperation of all other Town and Municipal officials exercising any jurisdiction over the construction, use or occupancy of building or the installation of equipment therein.
F.
Enforcement.
(1)
Where the Code Enforcement Officer determines that any plans, buildings or premises are in violation of the provisions of this chapter or any other duly adopted codes, rules and regulations to be administered by this Department (See § 308-22.), a written notice of violation and order of remedy shall be served to the responsible party. Said written notice shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the Town, and the violator's rights of appeal; all as provided for by this chapter. (See § 308-4.)
(2)
Stop-work orders.
(a)
Whenever the Code Enforcement Officer has reasonable grounds to believe that the work on any building or structure is proceeding without permits; or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule, or regulations; or is not in conformity with any of the provisions of the application, plans, or specifications on the basis of which a permit was issued; or is being conducted in an unsafe or dangerous manner; he shall notify either the owner of the property or the owner's agent or the person, firm or corporation in performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded. (See § 308-25F.)
(b)
Such stop-work order shall be in writing on a form prescribed by the Code Enforcement Officer, and shall state the reason for the order together with the date of issuance. The stop-work order shall bear the signature of the Code Enforcement Officer or that of an assistant and shall be prominently posted at the work site.
§ 308-25 Certificates and permits.
A.
General.
(1)
It shall be the responsibility of any person, firm or corporation to first secure appropriate certificates and permits prior to commencement of any construction, additions, changes or alterations of land, buildings or occupancy of same governed by this chapter. Permits issued by the Code Enforcement Officer shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Failure to secure and post appropriate permits constitutes a violation.
(2)
Any certificates or permits granted hereunder, shall be limited only to the activity authorized on said certificate or permit, and its continued validity shall be subject to the conditions set forth therein.
(3)
Any certificates or permits granted hereunder shall not be transferable unless otherwise stipulated elsewhere in this chapter or so stipulated on the certificate or permit.
(4)
Fees, securities, and deposits shall be collected in accordance with § 308-30, Fees, deposits and securities.
B.
Zoning permit. No building or structure shall be erected, added to or structurally altered; and no uses of a building, structure or land or division of land be established or changed until a zoning permit therefor has been issued by the Code Enforcement Officer. No such permit shall be issued, where the issuance thereof could be in violation of any provisions of this chapter. (See § 308-26, Application process and procedure for permits; land divisions, see Chapter 245, Subdivision of Land.)
C.
Building permit. No construction, alteration, repair, removal, use occupancy or maintenance of any building or structure which must conform to the New York State Uniform Fire Prevention and Building Code shall commence until a building permit has been issued therefor, also, see § 308-26, Application process and procedure for permits.
(1)
Building permit exemptions.
(a)
Necessary repairs which do not materially affect structural features. Example: the replacement of siding and roofing materials.
(b)
Alterations to existing buildings, provided that the alterations:
[1]
Cost less than $10,000.
[2]
Do not materially affect structural features.
[3]
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits.
[4]
Do not involve the installation or extension of plumbing, electrical, heating and cooling systems.
[5]
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.
(c)
Small noncommercial storage facilities less than 150 square feet of gross floor area not intended for use by one or more persons as quarters for living, sleeping, eating, or cooking. Nor fences, nor other similar structures.
(d)
Construction involving agricultural uses located on a farm; however, residential or office and administrative buildings associated therewith shall not be exempt. Exemptions may include barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.
(e)
Building permit exemptions do not waive or exempt requirements for a zoning permit, or inspection required pursuant to construction or development thereof, and such work shall nevertheless be done in conformance with generally accepted standards. (See §§ 308-24A and 308-25B.)
D.
Special permit.
(1)
General. Uses and activities set forth in § 308-42, Schedule I, as requiring a special permit or those that the Zoning Board of Appeals has interpreted as being similar to those listed in Schedule I (See § 308-42.) are considered to be sufficiently different in terms of the nature, location, and potential effect on the surrounding environment to warrant special review and evaluation of each individual permit application. Only upon written authorization from the Zoning Board of Appeals shall the Code Enforcement Officer issue a special permit incorporating any conditions imposed by the Board. (See § 308-24B.)
(2)
Nontransferable. A special permit for use of a building or land is valid only for the original applicant and does not continue upon transfer of ownership or tenancy. Notwithstanding the above, the Zoning Board of Appeals may, on appeal, authorize the transfer of a special permit to a subsequent owner or tenant.
(3)
Expansion of existing uses. Any expansion or enlargement of an existing land use or activity requiring a special permit according to § 308-42, Schedule I, shall require a special permit from the Zoning Board of Appeals prior to any expansion or enlargement.
E.
Certificate of compliance.
(1)
No land hereinafter shall be changed in use and no building hereinafter constructed, structurally altered or extended shall be occupied, used, or changed in use, in whole or in part, until a certificate of compliance shall have been issued by the Code Enforcement Officer stating that the buildings, land or structure and proposed use thereof complies with the provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and all other duly adopted laws and regulations governing thereof.
(2)
No certificate of compliance shall be required upon exchange of ownership or tenancy regarding preexisting buildings or uses.
(3)
No building hereinafter enlarged, extended or altered or upon which work has been performed which requires the issuance of a permit and is presently occupied shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of compliance shall have been issued by the Code Enforcement Officer.
(4)
Temporary certificate of compliance. Upon request, the Code Enforcement Officer may issue a temporary certificate of compliance allowing occupancy for a building or structure, or parts thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or public welfare. A temporary certificate of compliance shall remain effective for a period not exceeding 30 days from its date of issuance. For good cause, the Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding 30 days each.
F.
Revocation or suspension of certificates and permits. The Code Enforcement Officer shall have the authority to revoke certificates and permits issued as follows:
(1)
Where it is found that there have been false statements, or misrepresentations as to a material fact in the application, plans or specifications upon which the certificate or permit was granted.
(2)
Where it is found that the certificate or permit was issued in error and should not have been issued in accordance with the applicable laws, codes, rules, regulations or orders.
(3)
Where the person to whom the certificate or permit has been issued fails or refuses to comply with a stop-work order duly issued by the Code Enforcement Officer. [See § 308-24F(2).]
(4)
In the event of a violation of any applicable laws, codes, rules or regulations, the Code Enforcement Officer may, in addition to other penalties provided for herein, suspend said certificate or permit until such time as the violation is corrected. Should the Code Enforcement Officer determine that the violation constitutes a distinct hazard to life or public safety, he may order the premises secured immediately until said violation is abated.
(5)
In conjunction with any application for or issuance of any certificate or permit, the Code Enforcement Officer shall be allowed to enter upon the premises at any reasonable time to conduct inspections. Refusal to allow the Code Enforcement Officer to conduct said inspections shall constitute sufficient justification for the summary and immediate revocation or suspension of said certificate or permit. In addition, should the Code Enforcement Officer deem it necessary, he may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
G.
Permits void.
(1)
A building, zoning permit shall become void six months from the date of issuance unless actual construction or use of land has been started pursuant to such permit. If construction or use of land has not been completed within 12 months from date of issuance of permit, such permit shall become void. When the time of starting or the time of completion exceeds the above periods, a permit may be renewed by payment to the Town of 1/2 the original permit fee.
(2)
As determined by the Code Enforcement Officer, a special permit shall become void 12 months from the date of issuance, unless substantial progress has been made on the project in complying with the terms described on such permit. Upon request in writing, an additional six months may be extended by the Code Enforcement Officer and, thereafter, shall become void unless extended by the Zoning Board of Appeals.
§ 308-26 Application process and procedure for permits.
A.
General (process and procedure).
(1)
Forms and content.
(a)
Application for a permit shall be made on forms provided by the Town and shall be completed by the owner, or lessee, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work.
(b)
The material submitted shall designate the intended uses, and clearly show the dimensions and conditions of the site and/or buildings, and any features which are to be incorporated in its use and development. As a minimum, the application shall provide the information outlined in § 308-28, Application details. Each application for a permit shall include:
[1]
A completed application form provided by the Town.
[2]
Appropriate number of site plans drawn per § 308-28B.
[a]
Special permit: seven copies. (See § 308-26C.)
[b]
Zoning permit: two copies. (See § 308-26B.)
[c]
Building permit: four copies. (See § 308-26D.)
[3]
Two sets of structural plans and details.
[4]
One copy of a short environmental assessment form.
[5]
Fees, securities, and deposits pursuant to § 308-30, Fees, deposits and securities.
(c)
The requirements of § 308-26A(1)(b) above and certain information required in § 308-28, Application details, may be waived by the Code Enforcement Officer, where it appears that the strict application of this section would create an undue hardship and where it further appears that such waiver would not result in a violation by the applicant of this chapter or of any other law, code, rule, regulation, or order. All waivers shall be in writing and bear the signature of the Code Enforcement Officer.
(2)
Review of applications:
(a)
Code Enforcement Officer review. The Code Enforcement Officer shall have a minimum of 15 working days to review applications and process permits. If, upon review, the Code Enforcement Officer determines that insufficient information has been submitted to make a determination of compliance with governing codes; or a violation exists; or an interpretation, variance, or special permit is required; the Code Enforcement Officer shall refuse to issue a permit until sufficient information is submitted, the violation is corrected, or until duly authorized by the governing board as the case may be.
(b)
Town Engineer review.
[1]
Unless previously approved under a subdivision process, the Town Engineer shall review and approve the following:
[a]
Site plans involving construction of new single or multifamily residences.
[b]
Site plans involving commercial or industrial development.
[c]
Project sites directed by the ordinance or wherein the Code Enforcement Officer or a governing Town Board shall deem there is potentially a significant effect on Town water and sewer services, drainage, traffic, density or environmental quality. The Town Engineer shall send a report as to the findings of his review to the Building and Zoning Department.
[2]
The applicant at the time of permit application or upon request of a governing Town Board shall send the Town Engineer three copies of the plans containing information specified in § 308-28, Application details.
[3]
The Town Engineer shall review and approve, conditionally approve, or disapprove the plans. Upon the Town Engineer's review, the Building and Zoning Department shall receive two copies of the plans together with any comments and/or recommendations. Approved plans shall bear the signature of the Town Engineer.
[4]
Cost of the Town Engineer's review shall be borne by the applicant. (See § 308-30, Fees, deposits and securities.)
(c)
Other departments.
[1]
The Town Highway Department shall review and approve provisions for driveway culverts and roadside drainage on Town roads, the New York State Department of Transportation and the County Highway Department have jurisdiction over their respective routes, and similar certification shall be produced by the applicant if either applies.
[2]
The Wayne County Water Authority, in regard to water, and the Marion Wastewater Treatment Plant (WWTP), in regard to sewers, shall review and approve water and sewer extensions and connections.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Issuance of permits.
(a)
Upon payment of any required fees, upon satisfactory proof being provided the application is in compliance with governing regulations and standards, and having received all required necessary approvals; a permit shall be issued by and bear the name and signature of the Code Enforcement Officer.
(b)
Upon approval of any application, the following shall be returned to the applicant:
[1]
A copy of the approved application.
[2]
A permit for posting on the project site.
[3]
A receipt of fees collected.
[4]
One copy of an approved site plan and structural plan submitted, with any corrections or conditions subject to the permit approval.
[5]
A copy of any conditions imposed by a governing board as appropriate. [See §§ 308-24B, 308-25D(1), and Article VI].
(4)
Inspection notification.
(a)
All work certified or authorized under a permit shall be inspected. It shall be the responsibility of the owner or his agent to notify the Code Enforcement Officer when work is ready for each required inspection. (See § 308-24A.)
(b)
Inspections of all work, authorized by a permit, shall be on notice not less than one working day prior to the time the inspection is to be scheduled unless otherwise approved by the Code Enforcement Officer. All inspections shall be scheduled on regular working days during normal working hours. Failure to request a required inspection shall be cause for rejection of the work subject to inspection.
(5)
Permit denial. If upon review a permit application is denied, the applicant shall receive a written statement explaining the reasons for denial. Should the applicant disagree with the decision, an application for appeal may be made to the appropriate authorized board governing the point in question. [See §§ 308-32B(2) and C(6), 308-33B(2) and 308-34C(5).]
(6)
Amendments and changes. Amendments and changes to any application, plan, or specifications shall be filed prior to commencement of work on the requested change. Such amendments shall likewise be subject to the approval of Code Enforcement Officer or appropriate governing board.
B.
Zoning permit (process and procedure). Applications submitted for a zoning permit shall be accompanied by two sets of all necessary and related details pursuant to § 308-28, a completed application form and any required fee as listed on the latest fee schedule. (See § 308-30.) The Code Enforcement Officer shall have 15 days to review and process the application. Approved applications may be subject to stipulations by the Code Enforcement Officer consistent with governing regulations. (See § 308-26A.)
C.
Special permit (process and procedures).
(1)
When a permit application has been determined by the Code Enforcement Officer to require a special permit or when a special permit is applied for consistent with § 308-42, Schedule I, or § 308-41 of this chapter, the application shall be accompanied by seven copies of all related details pursuant to § 308-28, and shall further be accompanied by any written or graphic material to adequately illustrate and support the general and specific requirements of special permits, § 308-46A and B. All applications shall be submitted to the Code Enforcement Officer no later than the 10th of the month prior to the regularly scheduled meeting of the Zoning Board of Appeals.
(2)
If the application is in proper form, the Code Enforcement Officer shall submit one copy to the Zoning Board of Appeals, the Town Planning Board, and/or Wayne County Planning Board as appropriate, for review and action thereon. [See § 308-42, Schedule I, and § 308-32C, 308-32B(9) and (10).]
(3)
A public hearing shall be held by the Zoning Board of Appeals and each application shall be reviewed in accordance with the general and specific requirements for special permit per § 308-46A and B.
(4)
If an application is approved by the Zoning Board of Appeals, the Code Enforcement Officer shall be furnished with a copy of the approving resolution and shall, upon compliance with all other relevant regulations, issue the permit subject to any conditions imposed by the Zoning Board.
(5)
If an application is disapproved, the Code Enforcement Officer shall be furnished with a copy of the Zoning Board's resolution stating the reason(s) for such denial. The Code Enforcement Officer shall then deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
(6)
Also, see § 308-26A, General (process and procedure).
D.
Building permit (process and procedure).
(1)
Applications submitted for a building permit for new residential, commercial or industrial development shall be accompanied by four copies of a site plan signed by an engineer licensed by the State of New York and shall include the details and requirements of § 308-28B, Site plan.
(2)
Applications which do not involve the development or expanded development of a site, but rather serve only to alter, renovate or repair within the existing site plan shall not require a site plan as prescribed in § 308-26D(1). However, sufficient information in all cases shall be supplied so the Code Enforcement Officer can make a determination that any alteration, renovation or repair complies with this chapter and all other state and local codes.
(3)
All applications for a building permit shall include two copies of structural plans and specifications as follows:
(a)
Plans and specifications shall contain sufficient information to permit a determination that the intended work accords with the requirements of all state and local codes.
(b)
Plans shall bear the signature of the person responsible for the design and drawings and where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of an architect or professional engineer licensed by the State of New York. (See Education Law of the State of New York, Article 147, § 7302.)[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c)
Drawings must show the following as it may appropriately apply:
[1]
Physical dimensions (between 1/8 inch and 1/4 inch per foot) scale.
[2]
Elevations: front, rear, side.
[3]
Floor plan.
[4]
Structural details.
[5]
Plumbing, mechanical and electrical details.
[6]
Materials to be incorporated in construction.
[7]
Energy Code data, including a statement of compliance thereto by a design architect or engineer licensed by the State of New York.
[8]
Computations, stress diagrams and other essential data as needed to determine compliance to state and local codes.
(d)
Also see § 308-26A, General (process and procedure).
§ 308-27 Certificate of compliance; process and procedure.
A.
Application. Application for a certificate of compliance shall be made at the same time a building or zoning permit is applied for and shall be on forms provided by the Building and Zoning Department.
B.
Inspection. Prior to occupancy of and/or commencement of any change of use concerning land, buildings, or structures hereinafter established, the Code Enforcement Officer shall make a final inspection thereof. If at the time of this inspection, the Code Enforcement Officer finds all work concerning construction or alterations complete and in compliance with all applicable codes, laws, ordinances, rules, and regulations, and also in full accordance with the application, specified use, plans, and specifications filed in connection with the issuance of a permit: the Code Enforcement Officer shall issue a certificate of compliance. In the event that all proposed work has not been properly completed or the proposed use of property is not consistent with the permit issued, the Code Enforcement Officer shall refuse to issue a certificate of compliance and shall notify the applicant of the violations to be corrected and order the applicant to comply with the applicable regulations. (See §§ 308-4 and 308-24F.)
C.
Required certification. The Code Enforcement Officer shall, as appropriate, require certifications of acceptability from architects, design engineers, land surveyors, approved inspection agencies, or other competent firms regarding installations of private sewage systems, unusual structural applications, electrical installations, and well water conditions, as well as other applications as may be deemed necessary by the Code Enforcement Officer. The Code Enforcement Officer shall not issue a certificate of compliance or temporary certificate of compliance until the following has been received and certified acceptable:
(1)
Certificate of potable water.
(2)
Certificate of acceptability by design engineer for sewage system including an as-built map.
(3)
Electrical certification by an approved inspection agency listed in the Town of Marion.
(4)
Other certifications subject to the issuance of a permit.
D.
Issuance. Upon request for a final inspection and providing the Code Enforcement Officer is satisfied that state and local codes have substantially been met, the Code Enforcement Officer shall have 15 working days to issue a certificate of compliance. The certificate shall state that the buildings, lands or structures, and proposed use thereof complies with all works and requirements specified in the building permit application.
E.
Temporary certificate of compliance. Upon request, a temporary certificate of compliance may be issued only after an inspection by the Code Enforcement Officer or duly authorized assistant, in which, in the judgment of the inspector, its issuance would not endanger life, safety or the public welfare.
§ 308-28 Application details.
A.
General. All applications submitted to the Building and Zoning Department shall contain supportive details relevant to the request sought. These details may consist of site plans, building plans, written and graphic materials, photographs or any combination thereof. The supportive details shall provide adequate information for a review and determination that the request is in compliance with all state and local laws, codes, and regulations.
B.
Site plan.
(1)
Scale. Applicable to each drawing with compass directions.
(2)
Legend or key for all symbols.
(3)
A general location plan of the site showing the location within the Town.
(4)
Boundaries of the lot involved with reference distance from the center of nearest road intersection.
(5)
Tax parcel number of the property and the names and tax parcel numbers of adjoining property.
(6)
Physical and geographic characteristics of the property; including vegetation, existing structures, watercourses and contours of the land within the subject site or plot of land. Large parcels need only to show contours of the area affecting the building site including provisions for proper drainage around leach lines, house, and adjoining properties.
(7)
Site of proposed house, garage and driveway within the subject plot of land, indicating distance from property lines.
(8)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(9)
The design and treatment of open areas, buffer areas and required screening and landscaping.
(10)
The location and design of any proposed sign, exterior site lighting and improvements other than a building.
(11)
An elevation of finish floor (FF) of proposed building using a designated bench mark with an assumed elevation. Finish floor (FF) shall be clearly stated as to which floor they make reference to. This may best be done by a reference diagram on typical house and so labeled (example) garage floor, first floor house, etc.
(12)
Soil data (percolation test and deep hole data) including the design data of absorption field.
(13)
Location of perk test, deep hole, well, and proposed septic tank and leach lines, including location and verification of proper distances from neighboring wells and septic systems.
(14)
Schematic drawing of the septic tank, distribution box or of drop boxes, showing cross sections from horizontal and vertical directions.
(15)
Location of any easements and utilities on the property.
(16)
Statement by a New York State licensed engineer or surveyor, with an exemption for the State of New York, certifying that the design of the site plan conforms with state and Town requirements for sanitary waste disposal, potable water and zoning regulations signed and sealed by the same.
C.
Short form environmental statement. Each application for a certificate, permit or appeal shall be accompanied by an environmental short form statement. {See § 308-26A(1)(b)[4].}
§ 308-29 Environmental assessment.
Until authorized by the appropriate lead agency, no permit shall be issued for any proposed building or use which, in the judgment of the Code Enforcement Officer, would require an environmental impact statement in accordance with the State Environmental Quality Review Act of 1975 and any state or local rules and regulations enacted pursuant thereto. Such applications shall be referred to the appropriate lead agency for a determination as to whether an environmental impact statement shall be required.
§ 308-30 Fees, deposits and securities.
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security approved by the Town Attorney as established by the Town Board and set forth in a fee schedule.[1]
[1]
Editor's Note: In this section, the subsection that referred to an earlier fee schedule was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The current fee schedule is on file in the Town offices.