No building or structure for which a building permit is required by state or local law or regulation shall be erected, constructed or restored or structurally altered without a building permit duly issued upon application to the Code Enforcement Officer. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter, following full disclosure of the intended use. Every building permit shall be signed by the applicant, as well as the property owner if the property owner is not the applicant, and the signed application shall be evidence of the truthfulness of the information contained in the building permit. Any building permit issued under false pretenses by the applicant or in violation of the provisions of this chapter shall be subject to a stop-work order or an order to remedy violation issued by the Code Enforcement Officer. Any work undertaken or use which is not in conformity with this section shall be unlawful and discontinued until brought into compliance with this section. Service of process of a stop-work order or order to remedy violation shall be effective if served personally on the applicant, owner or agent at the work site or if sent to the applicant or owner by certified mail, return receipt requested, as well as by regular mail, or if sent by fax, provided that the fax number is printed on the letterhead of the addressee, applicant or owner in the ordinary course of its business.

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 New Windsor 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. Such access shall consist of not less than a twenty-foot-wide permanent legal right-of-way, improved to the satisfaction of the Planning Board, to a public street.

No building permit shall be issued for a lot in a subdivision requiring approval by the Planning Board unless the subdivision map has been properly filed in the office of the County Clerk.

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 a building to be used 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 the Planning Board.

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

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, within five days of such motion, 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 or 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.

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.

No building permit shall be issued for any lot where the taxes for the roadway which is to be offered for dedication to the Town of New Windsor are unpaid, or for any lot in a subdivision in which any performance guarantee is insufficient, expired or otherwise in default.

The Code Enforcement Officer may withhold a certificate of occupancy for any structure where the public improvements have not been completed to the satisfaction of the Town, or the performance guarantees for such improvements is insufficient, expired or otherwise in default, or there is a noncompliance with any stormwater requirements.

It is necessary that all building permits issued within the Town of New Windsor have provided to the site of the construction proper and safe access for both construction vehicles and equipment, as well as emergency vehicles. To ensure this condition, the applicant/developer shall maintain access which will, at minimum, consist of a firm and unyielding gravel base to the site of the construction, capable of providing access to such vehicles as referenced herein.

For proposed Town roadways, the access shall be constructed in accordance with the street specifications of the Town. Prior to the issuance of a building permit, the applicant/developer shall have completed an acceptable proof roll, as further described in the street specifications, and shall have installed the full subbase course and all related utility work necessary for the placement and acceptance of the roadway subbase course. Prior to the issuance of a certificate of occupancy, the applicant/developer shall have completed the first course of asphalt pavement for the roadway.

For proposed private roadways, the access shall be constructed in accordance with the requirements for private roads as referenced in the street specifications. The applicant/developer shall have completed the base and choker courses of roadway structure for the full width prescribed.

The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Code Enforcement Officer:

No certificate of occupancy shall be issued for any special permit of a building or land requiring approval by the Planning Board for any land or use requiring site plan approval by the Planning Board unless and until such special permit use or site plan approval has been duly granted. 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 Zoning 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 Code Enforcement Officer, 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 a survey prepared by a licensed land surveyor 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 local laws 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 local laws, 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 Code Enforcement Officer within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Code Enforcement Officer shall state the reasons in writing to the applicant.

Remedies for violations after issuance of certificate of occupancy.

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.

Upon written request by the owner, and upon payment of the fee as set by the Town Board, the Code Enforcement Officer shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use (including the number of employees) and whether or not the same and the building conform to the provisions of this chapter.

A record of all certificates of occupancy shall be kept in the office of the Code Enforcement Officer, and copies shall be furnished on request to any agency of the Town or to any persons having a proprietary or tenancy interest in the building or land affected.

The Building Inspector is hereby designated the Code Enforcement Officer. The Code Enforcement Officer shall have all of the powers and duties relating to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code pursuant to Article 18 of the Executive Law of the State of New York, as the same may be amended from time to time, together with such rules and regulations as may be promulgated by the New York State Secretary of State pursuant thereto. Additionally, the Assistant Building Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector, Assistant Fire Inspector shall perform Code Enforcement duties under the coordination and supervision of the Code Enforcement Officer.

The Code Enforcement Officer shall also have all of the powers and duties of the Sanitary Superintendent or the Sanitation Inspector relating to the administration and enforcement of Chapter 240, Sewers, Articles I, V and VI, of the New Windsor Town Code.

A violation of this article, and any failure to comply with an order to remedy after due service, and any violation of any requirement of this chapter or any statement, plan, application, permit or certificate approved or issued under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; and, upon conviction of a second offense both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.

If applicable, additional or alternative penalties may be as prescribed in New York State Executive Law § 382.

Each week's continued violation under this section shall constitute a separate additional violation.

Any unpaid fire inspection fees from inspections authorized by § 300-80 and the enforcement of § 381 of the New York State Uniform Fire Prevention and Building Code Act shall be collected by assessment and levy upon the lot(s) or parcel(s) of land whereupon such inspection(s) was/were performed and the fees so assessed shall constitute a lien and charge upon the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.