Permitted use. A permit for a principal use or any accessory use requiring a permit may be issued by the Code Enforcement Officer on his own authority.

Special use. A permit for a special use may be issued by the Code Enforcement Officer after review and approval by the Planning Board.

Variance. A permit for a use or structure which requires a variance may be issued by the Code Enforcement Officer only upon order of the Zoning Board of Appeals.

Temporary use. A temporary permit may be authorized by the Town Board and issued by the Code Enforcement Officer for a nonconforming structure or use which the Town Board deems necessary to promote the proper development of the community, provided that such a nonconforming structure or use shall be completely reviewed upon expiration of the permit for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not exceeding three years.

Demolition. Permits for purposes of demolishing a structure may be issued by the Code Enforcement Officer and shall be for a period not to exceed 60 days.

Operating. An operating permit may be issued by the Code Enforcement Officer on his own authority.

Buildings and structures exempt from building permit requirements pursuant to state law, such as nonresidential farm buildings.

Alterations or repairs to existing buildings, provided that the alterations do not involve:

All nonstructural accessory uses, including gardens, landscaping, retaining walls unless such walls support a surcharge or impound class I, II or IIIA liquids, patios, swing sets, playhouses and similar playground equipment, etc.

Portable structures or buildings that do not exceed 144 square feet in size.

Home occupations. Permits shall, however, be required for home occupations if a structural change, addition or new structure is planned.

Swimming pools, provided that such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground.

Fences that are not part of an enclosure surrounding a swimming pool, provided that such fences comply with this chapter.

Temporary motion picture, television and theater stage sets and scenery.

Window awnings supported by an exterior wall.

Partitions or moveable cases less than five feet nine inches in height.

Painting, wallpapering, tiling, carpeting or other similar finish work.

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.

Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.

All applications for permits shall be on forms developed by the Code Enforcement Officer and approved by the Town Board from time to time. Such forms shall request sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code and this chapter and shall require the submission of the following information and documentation:

Except for construction documents made in connection with farm buildings, including barns, sheds, poultry houses and other buildings used directly or solely for agricultural purposes; residential buildings having a gross area of 1,500 square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics; or alterations, costing $20,000 or less, that do not involve changes affecting the structural safety or public safety thereof, all construction documents made in connection with an application for a building permit shall be prepared by a New York State-registered architect or licensed professional engineer, indicate with sufficient clarity and detail the nature and extent of work proposed and substantiate that the proposed work will comply with the Uniform Code and State Energy Conservation Construction Code.

All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

Applications for uses which also necessitate approvals under Chapter 41, Subdivision of Land, of the Code of the Town of Neversink, shall be processed in the manner provided therein for plan approval and contain all information or data normally required for a submission under those regulations. No permits shall be issued for any individual structures or uses within any subdivision or land development requiring subdivision approval until final plat approval.

Outside of the New York City reservoir watershed, all water supply and sewage disposal systems shall conform to the New York State Department of Health regulations, and no permit shall be issued unless such application is accompanied by a certification by a licensed professional engineer (or licensed land surveyor permitted to prepare sewerage disposal system designs) that the lot has adequate percolation for the proposed construction and all sewage disposal systems are designed in accordance with the regulations of New York State Department of Health.

Within the New York City reservoir watershed, all sewage disposal systems shall be approved by the New York City Department of Environmental Protection.

The Town Board shall, by resolution, establish and periodically update a uniform schedule of fees, charges and expenses, as well as a collection procedure, for permits, special use permits, variances and other matters pertaining to this chapter and the Uniform Code.

Said schedule of fees shall be available in the office of the Town Clerk and the Code Enforcement Officer.

Any applicant before the Planning Board or Zoning Board of Appeals shall be required to pay to the Town a sum of money to reimburse the Town for fees to be paid to consulting planners, engineers, attorneys or other experts retained by the Town to review the applicant's plans, maps, studies, agreements and all other papers required by the Planning Board or Zoning Board of Appeals. The amount of the fee shall be determined by the Planning Board or Zoning Board of Appeals and the professional consultants at the time the applicant files his application for sketch plan approval with the Planning Board or Zoning Board of Appeals. Each consultant that the Board deems necessary to involve shall estimate his fees based upon the services to be rendered on behalf of the Town to final approval by the Planning Board or Zoning Board of Appeals. The fees shall be paid to the Town prior to final action on the application. Where extensive use of consultants may be necessary, the Planning Board or Zoning Board of Appeals may then require the advance deposit of the estimated fees of the consultants prior to referral of the application to the consultants for review. In the event that an applicant shall withdraw his application at any stage of the proceedings, then the Town shall reimburse the applicant that portion of the deposited funds not paid for professional consulting services.

Permits, special uses and variances shall be issued only after fees have been paid in full. The Zoning Board of Appeals shall take no action on appeals until all charges have been paid in full.

Issuance of permit.

Denial of permit. When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter and the Uniform Code, or that the applicant has failed to obtain necessary approvals of other municipal agencies, he shall refuse to issue a building permit. Any such refusal shall be made in writing.

Complex applications and projects. Should the Code Enforcement Officer receive an application for a permit and determine that he lacks the expertise or facilities to inspect and monitor the proposed project, the Code Enforcement Officer shall make written request to the Town Board to retain the services of a consultant or engineer who shall review the application, inspect and monitor the construction so as to assure compliance with this chapter and the Uniform Code. Upon the determination by the Town Board that a consultant's or engineer's services are necessary, the Town Code Enforcement Officer shall obtain an estimate of the consultant's or engineers' fees, which amount shall be paid to the Code Enforcement Officer by the applicant before a permit is issued. Such amount shall be deposited by the Supervisor into a separate bank account designated for such use. Following completion of the consultant's or engineers' duties and submission of a final statement, the Supervisor shall determine any amount outstanding and require payment by the applicant prior to issuance of a certificate of occupancy or a certificate of compliance by the Code Enforcement Officer. If the applicant has overpaid, the Supervisor shall remit the overpayment to the applicant by the time of delivery of the certificate of occupancy or certificate of compliance.

Status of construction. It shall be the duty and responsibility of the owner or authorized agent to inform the Code Enforcement Officer that the work is ready for each phase of inspection. Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Code Enforcement Officer.

Inspection by a Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer or his duly appointed representative to make the inspections required by this chapter.

Stop-work orders. A stop-work order shall be issued by the Code Enforcement Officer to halt work that is determined to be contrary to this chapter or the Uniform Code, or is being conducted in a dangerous or unsafe manner, or is being performed without obtaining a required permit, which stop-work order shall state the reason for its issuance and the conditions that must be satisfied before work will be permitted to resume.

Expiration of permit. A permit shall expire and become invalid after two years if the applicant fails to implement or complete the improvements as approved by the Code Enforcement Officer.

Failure to commence work; revocation or suspension of permit.

Renewal of permit.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below, provided that such activities are permitted uses where located in the Town:

Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection G(1) shall be required to obtain an operating permit prior to commencing such operation. In addition to the requirements contained in § 50-30D, an application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code, including such tests or reports necessary to verify conformance as are determined by the Code Enforcement Officer to be necessary.

An inspection of the premises shall be conducted by the Code Enforcement Officer or his duly appointed representative prior to the issuance of an operating permit.

A single operating permit may apply to more than one hazardous activity.

Operating permits shall remain in effect until the end of the calendar year and shall be renewable annually. Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.

Renewal applications shall be filed with the Code Enforcement Officer before the first day of November next preceding the expiration of the original permit or any renewal thereof. Prior to the issuance of a renewal permit, the Code Enforcement Officer shall inspect the premises.

Permits shall not be transferable or assignable.

Waiver of operating permit fees for nonprofit organizations. Charitable, philanthropic, fraternal and religious non-profit organizations holding a tax-exempt status under 26 U.S.C. § 501(c) or (d) shall not be subject to fees under this § 50-30G, provided that:

A certificate of occupancy or certificate of compliance shall be required for all work for which a permit is required to be issued under this chapter and for all buildings which are converted from one general occupancy classification to another, as such classifications are defined in the Uniform Code. The certificate of occupancy or certificate of compliance shall state that either the building, structure or parcel of land complies with the provisions of this chapter and/or the Uniform Code or that the building or structure may be lawfully employed for specified uses under the provisions of this chapter and the Uniform Code, or both.

No structure or part of a structure hereafter erected, structurally altered or changed in use and for which a permit is required by this chapter, shall be occupied or used, until a certificate of occupancy or certificate of compliance shall have been issued therefor by the Code Enforcement Officer.

A certificate of occupancy or certificate of compliance for the use or occupancy of vacant land or for a change in the use of land or for a change in the use of any existing building shall be issued before any such land shall be occupied or used, or such land or building changed in use.

Contemporaneously with the applicant notifying the Code Enforcement Officer of completion of the work, the applicant shall deliver or cause to be delivered to the Code Enforcement Officer the following, if and where applicable:

A certificate of occupancy or certificate of compliance shall be issued within 30 days after the erection or alteration of such building or structure shall have been completed in conformity with the provisions of this chapter, the Uniform Code and the pertinent application, provided that the Code Enforcement Officer has been timely notified of the completion of construction and shall contain the following information:

A certificate of occupancy or certificate of compliance for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended.

Temporary certificates. The Code Enforcement Officer may issue a certificate allowing for the temporary occupancy of a structure prior to the completion of the work that is the subject of a building permit for a period not to exceed six months from the date of issuance during which time period the permit holder shall bring the structure into full compliance with all applicable provisions of the Uniform Code and this chapter, provided that:

A certificate of occupancy or certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked by the Code Enforcement Officer unless the relevant deficiencies are corrected within not more than six months from the date of notification that the certificate was erroneously issued or such longer period as authorized by the Town Board at the Code Enforcement Officer's request.

A record of all permit applications, issued permits, construction documents marked "approved" or "accepted," certificates of occupancy and certificates of compliance shall be kept on file in the office of the Code Enforcement Officer, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.

It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this chapter or the Uniform Code.

Failure to comply with any provision of this chapter or the Uniform Code shall be a violation of this chapter. When written notice of a violation of any of the provisions of this chapter has been served by the Code Enforcement Officer on the owner, occupant or contractor, such violation shall be discontinued immediately.

The Code Enforcement Officer shall have the authority to issue an appearance ticket for violations of this chapter or the Uniform Code, returnable before the Justice Court of the Town of Neversink.